Same-sex marriage in Quintana Roo

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Same-sex marriage is performed and recognized in all municipalities of the state of Quintana Roo. [1] The first two same-sex marriages occurred in Kantunilkin on 28 November 2011 after it was discovered that the state's Civil Code does not specify sex or gender requirements for marriage. However, future same-sex marriages were suspended in January 2012 upon review by the state's Secretary General of Government. [2] The two same-sex marriages in the state were annulled by the Governor of Quintana Roo, Roberto Borge Angulo, in April 2012, but these annulments were reversed by the Secretary General of Government on 3 May. The Secretary's decision allows for future same-sex marriages to be performed in Quintana Roo. [3]

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Quintana Roo was the first Mexican state, and the second jurisdiction in Mexico after Mexico City, to legalize same-sex marriage. Further legislation and rulings from the Supreme Court of Justice of the Nation that same-sex marriage bans violate the Constitution of Mexico have expanded same-sex marriage to every state. [lower-alpha 1]

The Civil Code of Quintana Roo does not define gender requirements for marriage, specifying only "people interested in getting married". [5] A same-sex couple, Patricia Novelo and Areli Castro, applied for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a heterosexual marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkín on 28 November 2011. [6]

Cancún and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012. [7] Newspaper Reforma reported that upcoming ceremonies were suspended following an order by the Quintana Roo Secretary General of Government, Luis González Flores, to review the legality of the ceremonies. [8] [9] In April 2012, both marriages were annulled by Governor Roberto Borge Angulo. [8] On 3 May 2012, the Secretary General of Government reversed the annulments. [10] The next month, both marriages became legal because there was no estoppel in due time. [11] González Flores announced that same-sex marriages are legal in all the municipalities of Quintana Roo. [11] However, in 2013, a lesbian couple were denied the right to marry and forced to obtain an amparo in Tulum. The court concluded that discriminatory acts had occurred and ordered the state to prevent further discrimination against same-sex couples, requiring all civil registry offices in Quintana Roo to process marriage applications from same-sex couples. [12]

In September 2014, Bacalar Municipality approved changes to equalize procedures for all marriages. [13] Officials in Playa del Carmen announced that same-sex couples could begin marrying in the municipality from the last week of September 2014. [14] [15] The municipality of Othón P. Blanco announced that their first same-sex marriage would occur on 26 November 2014, [16] and the municipality of José María Morelos announced in 2017 that it had equalized procedures for all marriages. Marriage services are also available in Yucatec Maya in the municipality. [17]

Legislative action

In November 2014, it was announced that a bill to officially legalize same-sex marriage in the state would be introduced and voted on in the current legislative session, thereby replacing the loophole used by couples. [18] In May 2017, after legislative inaction, another same-sex marriage bill was introduced to the Congress of Quintana Roo. [19]

Adoption by same-sex couples

In January 2018, a married same-sex couple in Puerto Morelos were granted the right to register their child. In April 2018, with the help of the State Human Rights Commission, a same-sex couple in the city of Cancún were also allowed to register their newborn son. [20] According to 2021 statistics from the civil registry, about 30 to 40 lesbian couples register their children in the state every year. [21]

Marriage statistics

As of mid-December 2014, officials announced that there had been 14 same-sex marriages in Quintana Roo. [22]

The National Institute of Statistics and Geography announced that there had been 163 same-sex marriages in 2018, of which 96 (59%) had been between lesbian couples and 67 (41%) between male couples. [23] According to data from the civil registry, most same-sex marriages in 2018 took place in the northern region, particularly in the municipalities of Benito Juárez, Solidaridad, Cozumel, Puerto Morelos, Isla Mujeres and Tulum, but also Bacalar in the south. [24] From January to August 2018, only 3 same-sex marriages were performed in Othón P. Blanco Municipality, and one same-sex couple married in José María Morelos Municipality in that same time period. [17]

277 same-sex marriages were performed in 2019, of which 139 were between two men and 138 between two women. In 2020, 210 same-sex marriages were performed in Quintana Roo; 107 between two men and 103 between two women. [21]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 56% of Quintana Roo residents supported same-sex marriage, while 37.5% were opposed. [25]

According to a 2018 survey by the National Institute of Statistics and Geography, 38% of the Quintana Roo public opposed same-sex marriage. [26]

See also

Notes

  1. ↑ The Supreme Court has ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. In Spanish, Article 4 of the Constitution states El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia., and in Yucatec Maya it reads Jxiib yéetel xch’uupe’ keeto’ob tu táan a’almajt’aan. Le je’ela’ yaan u kanáantik u nu’ukbesajil yéetel u jóok’ol táanil le láak’tsililo’., translating to "Man and woman are equal under the law. The law shall protect the organization and development of the family." [4]

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Same-sex marriage is legally recognized and performed throughout Mexico since 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

Same-sex marriage has been legal in Chihuahua since 12 June 2015. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, Governor César Duarte Jáquez announced on 11 June that there would be no further prohibition in the state. Marriage licenses became available the following day, 12 June 2015. Chihuahua was the third Mexican state to legalize same-sex marriage, after Quintana Roo and Coahuila. The gubernatorial policy was continued by María Eugenia Campos Galván in 2021.

Same-sex marriage has been legal in Coahuila since 17 September 2014. On 1 September 2014, the Congress of Coahuila approved legislation opening marriage to same-sex couples by 19 votes to 1. The law was signed by Governor Rubén Moreira Valdez, and went into force on 1 September. Prior to the law's passage, civil unions for same-sex couples were legal, but not same-sex marriage. The Congress passed a bill legalising civil unions in January 2007.

Same-sex marriage has been legal in Guerrero since 31 December 2022.

Same-sex marriage has been legal in Michoacán since 23 June 2016. On 18 May 2016, the Congress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.

Same-sex marriage has been legal in Nayarit since 23 December 2015. A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day. Nayarit was the fourth Mexican state to legalise same-sex marriage after Quintana Roo, Coahuila and Chihuahua.

Same-sex marriage has been legal in Campeche since 20 May 2016. In April 2016, Governor Alejandro Moreno Cárdenas introduced a same-sex marriage bill to the Congress of Campeche, which was approved on 10 May and entered into force 10 days later. Campeche had previously recognized same-sex couples in the form of civil unions only, which were enacted in 2013 and grant couples several of the rights and benefits of marriage.

Same-sex marriage has been legal in Sonora since 22 October 2021. On 23 September 2021, the Congress of Sonora voted 25–8 to pass a law legalizing same-sex marriage. The legislation was published in the state's official gazette on 21 October, and took effect the following day. Sonora was the 21st Mexican state to open marriage to same-sex couples.

Same-sex marriage has been legal in Chiapas in accordance with a Supreme Court ruling issued on 11 July 2017 that the ban on same-sex marriage violated the equality and non-discrimination provisions of Articles 1 and 4 of the Constitution of Mexico. The ruling, published in the Official Journal of the Federation on 11 May 2018, legalized same-sex marriage in the state of Chiapas.

Same-sex marriage has been legal in Colima since 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage passed the Congress of Colima and was published as law in the state's official journal on 11 June. It came into effect the next day. Colima had previously recognized same-sex civil unions, but this "separate but equal" treatment of granting civil unions to same-sex couples and marriage to opposite-sex couples was declared discriminatory by the Supreme Court of Justice of the Nation in June 2015. Congress had passed a civil union bill in 2013 but repealed it in 2016 shortly before the legalization of same-sex marriage.

Same-sex marriage has been legal in Morelos since 5 July 2016. A bill to amend the State Constitution to legalize same-sex marriage in Morelos passed Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and took effect the following day.

Same-sex marriage has been legal in Querétaro since 13 November 2021. On 22 September 2021, the Legislature of Querétaro passed a law legalizing same-sex marriage. The law was published in the state's official gazette on 12 November, and took effect the following day. Previously, same-sex couples could marry in eight of the eighteen municipalities of Querétaro, comprising 60% of the state's population, despite a state law prohibiting same-sex marriage.

Same-sex marriage has been legal in Baja California since 3 November 2017 when the Secretary General of Government, Francisco Rueda Gómez, instructed the state's civil registry to immediately begin issuing marriage licenses to same-sex couples and cease enforcement of the state's same-sex marriage ban. This was in line with jurisprudence established by the Mexican Supreme Court, which has ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico. Previously, Baja California had banned same-sex marriage both by statute and in its state constitution.

Same-sex marriage is legal in Nuevo León in accordance with a ruling from the Supreme Court of Justice of the Nation issued on 19 February 2019 that the state's ban on same-sex marriage violated the Constitution of Mexico. The ruling came into effect on 31 May 2019 upon publication in the Official Journal of the Federation. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Nuevo León, almost 20 amparos were decided with the same outcome, yet the state did not act. On 19 February 2019, the Supreme Court issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable.

Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.

Same-sex marriage has been legal in Hidalgo since 11 June 2019. A bill for the legalization of same-sex marriages was approved by the Congress of Hidalgo on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Same-sex marriage has been legal in Veracruz since 13 June 2022. On 30 May 2022, the Mexican Supreme Court ruled that the state's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. The ruling was meant to take effect upon publication in the Official Journal of the Federation, but the Congress of Veracruz passed a bill to legalize same-sex marriage just three days later, on 2 June. The law was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage had been legal in Guanajuato since 20 December 2021. That day, the Secretary General of Government, Libia Dennise García Muñoz, issued an official directive addressed to officials of the state civil registry that, effective immediately, same-sex couples can marry in the state. Guanajuato became the 23rd Mexican state, and the 24th jurisdiction, to legalize same-sex marriage. However, as a new governor took office, the directive expired on 26 September 2024, possibly meaning that same-sex couples can only marry through an injunction, as it was before the decree was issued.

Same-sex marriage has been legal in Tamaulipas since 19 November 2022. On 26 October 2022, the Congress of Tamaulipas passed a bill to legalize same-sex marriage in a 23–12 vote. It was published in the official state journal on 18 November, and took effect the following day. Tamaulipas was the second-to-last Mexican state to legalize same-sex marriage.

References

  1. ↑ Vázquez, Jesús (18 July 2012). "Bodas gay generan interés en el sector turismo de Quintana Roo". El Economista (in Spanish). El Economista S.A. de C.V. Archived from the original on 3 April 2017. Retrieved 23 December 2012.
  2. ↑ "Same-sex marriages put on hold in Cancun resort areas". San Diego Gay & Lesbian News. 12 January 2012. Archived from the original on 10 September 2018. Retrieved 14 January 2012.
  3. ↑ Varillas, Adriana (3 May 2012). "Revocan anulación de bodas gay en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Archived from the original on 30 July 2012. Retrieved 13 June 2012.
  4. ↑ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 6 March 2022. Retrieved 18 June 2022.
  5. ↑ EFE (29 December 2011). "Cancun Plans to Pass Gay Marriage Bill to Attract Tourists". Fox News Latino. Archived from the original on 23 January 2013. Retrieved 2 January 2012.
  6. ↑ Brisa Muñoz (30 November 2011). "Sin hacer una reforma legal, Quintana Roo realiza sus primeras bodas gay" (in Spanish). CNN México. Archived from the original on 4 March 2016. Retrieved 2 January 2012.
  7. ↑ Brisa Muñoz (2 December 2011). "Dos matrimonios homosexuales se casaron en un municipio conservador" (in Spanish). CNN México. Archived from the original on 6 January 2012. Retrieved 2 January 2012.
  8. 1 2 Santana, Rosa (17 April 2012). "Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico". Proceso (in Spanish). Comunicación e Información, S.A. de C.V. Archived from the original on 11 July 2012. Retrieved 18 April 2012.
  9. ↑ "Gay Marriage in Cancun, Mexico Suspended". On Top Magazine. 12 January 2012. Archived from the original on 23 April 2014. Retrieved 14 January 2012.
  10. ↑ Sánchez, Manuel (4 May 2012). "Legalizan los matrimonios gay" (in Spanish). Diario Respuesta. Archived from the original on 31 December 2019. Retrieved 11 June 2012.
  11. 1 2 Varillas, Adriana (5 June 2012). "Matrimonio gay celebra su unión en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Archived from the original on 8 June 2012. Retrieved 11 June 2012.
  12. ↑ "In English - First gay marriage is celebrated in Tulum". El Universal. 12 August 2014. Archived from the original on 4 September 2014. Retrieved 27 December 2015.
  13. ↑ "Bacalar modifica Reglamento del Registro Civil para bodas gay | UN1ÓN | Cancún". Unioncancun.mx. 30 September 2014. Archived from the original on 7 July 2018. Retrieved 27 December 2015.
  14. ↑ Grupo SIPSE (3 October 2014). "Dan luz verde a bodas gay en Playa del Carmen". Sipse.com. Archived from the original on 6 October 2014. Retrieved 27 December 2015.
  15. ↑ Grupo SIPSE (28 December 2014). "Se registra el primer matrimonio gay en Solidaridad". Sipse.com. Archived from the original on 15 August 2020. Retrieved 27 December 2015.
  16. ↑ Nombre (requerido) (23 November 2014). "Alistan primera boda gay en Chetumal". Noticaribe. Archived from the original on 28 March 2016. Retrieved 27 December 2015.
  17. 1 2 "Registro Civil ofrece bodas gay y actas digitalizadas en maya". Quinta Fuerza (in Spanish). 3 August 2018. Archived from the original on 24 April 2019. Retrieved 18 June 2022.
  18. ↑ "Ingresan al Congreso uniones gay". La Verdad Noticias. 4 November 2014. Archived from the original on 2 November 2020. Retrieved 18 June 2022.
  19. ↑ (in Spanish) Quintana Roo garantiza derechos de comunidad LGBTI Archived 21 May 2017 at the Wayback Machine
  20. ↑ (in Spanish) Autorizan registrar al hijo de matrimonio gay Archived 24 April 2019 at the Wayback Machine
  21. 1 2 "Parejas de mujeres lideran uniones del mismo sexo en QRoo". La Jornada Maya (in Spanish). 5 July 2021. Archived from the original on 11 July 2021. Retrieved 18 June 2022.
  22. ↑ Grupo SIPSE (18 December 2014). "Quintana Roo se abre paso en realización de bodas rosas". Sipse.com. Archived from the original on 7 August 2018. Retrieved 27 December 2015.
  23. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 17 October 2020. Retrieved 18 June 2022.
  24. ↑ (in Spanish) Parejas del mismo sexo prefieren casarse frente al mar Archived 4 February 2019 at the Wayback Machine
  25. ↑ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine , Gabinete de Comunicación Estratégica
  26. ↑ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019. Archived from the original on 16 April 2019. Retrieved 18 June 2022.
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