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]

Equality of same-sex marriage in Mexican states .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Legal equality of marriages of same-sex and opposite-sex couples Marriage licenses are issued to same-sex couples despite not being allowed under state law; they may take more time to process or be more expensive than licenses for opposite-sex couples Inequality of marriage: married same-sex couples do not qualify as married when it comes to the adoption of children Marriage equality in Mexico.svg
Equality of same-sex marriage in Mexican states
  Legal equality of marriages of same-sex and opposite-sex couples
  Marriage licenses are issued to same-sex couples despite not being allowed under state law; they may take more time to process or be more expensive than licenses for opposite-sex couples
  Inequality of marriage: married same-sex couples do not qualify as married when it comes to the adoption of children

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 Roberto Borge Angulo, the Governor of Quintana Roo. [8] In 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. [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, there are about 30 to 40 cases of lesbian couples registering 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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Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.

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Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 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.

Same-sex marriage has been legal in Oaxaca since 5 October 2019. A landmark 2012 Supreme Court order for Oaxaca established the right to marriage by amparo across Mexico. In August 2019, the Congress of Oaxaca passed legislation amending various articles of the Civil Code to recognise same-sex marriages. The law went into force on 5 October. Previously, same-sex couples could marry in the state from August 2018 but required additional red tape compared to opposite-sex partners.

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.

Same-sex marriage has been legal in Coahuila since 17 September 2014, the effective date of legislation passed on 1 September 2014. Prior to the law's passage, civil unions for same-sex couples were legal, but not same-sex marriage. The passage of the same-sex marriage bill made Coahuila the second jurisdiction in Mexico, and the first state, to pass same-sex marriage via legislative means. Only Mexico City and the state of Quintana Roo allowed for same-sex marriage prior to Coahuila.

Same-sex marriage has been legal in Guerrero since 31 December 2022. After the Supreme Court of Justice of the Nation ruled that same-sex marriage bans are unconstitutional nationwide under the Constitution of Mexico on 12 June 2015, officials in Guerrero began announcing plans for a collective group wedding. Governor Rogelio Ortega Martínez submitted a same-sex marriage bill to Congress on 7 July 2015 and instructed civil registrars to issue marriage licenses to same-sex couples. Legislators lamented they would have preferred to have the bill passed before marriages took place, but given the time line presented, it was unlikely. On 10 July 2015, twenty same-sex couples were married by Ortega Martínez in Acapulco.

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 Jalisco since a unanimous ruling by the Mexican Supreme Court on 26 January 2016 striking down the state's same-sex marriage ban as unconstitutional under Articles 1 and 4 of the Constitution of Mexico. The ruling was published in the Official Journal of the Federation on 21 April; however, some municipalities refused to marry same-sex couples until being ordered by Congress to do so on 12 May 2016. The state Congress passed a bill codifiying same-sex marriage into law on 6 April 2022.

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 state Congress passed a law legalizing same-sex marriage in Querétaro. 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 is legal in Puebla in accordance with a ruling from the Supreme Court of Justice of the Nation. On 1 August 2017, the Supreme Court ruled that the same-sex marriage ban containted in the state's Civil Code violated Articles 1 and 4 of the Constitution of Mexico, legalizing same-sex marriage in the state of Puebla. The ruling was officially published in the Official Journal of the Federation on 16 February 2018.

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 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 in Hidalgo was approved by the state Congress 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 Congress of Veracruz passed a bill to legalize same-sex marriage three days later on 2 June 2022. It was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage has been legal in Sinaloa since 30 June 2021. On 12 June 2021, a federal court ordered the Congress of Sinaloa to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day, making Sinaloa the 20th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Durango since 19 September 2022 in accordance with an executive order issued by Governor Esteban Villegas Villarreal the previous day, addressed to officials of the state civil registry that same-sex couples can marry in the state. The Congress of Durango passed same-sex marriage legislation three days later.

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 25 July 2014. 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 25 July 2014. 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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