Same-sex marriage in Sinaloa

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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.

Contents

Background

In January 2013, the state's Family Code was changed to limit marriage and cohabitation to heterosexual couples. Three injunctions were filed to contest the changes, but they were dismissed. [1] On 2 September 2014, Deputy Sandra Yudit Lara Díaz from the Institutional Revolutionary Party (PRI) introduced a bill to amend articles 40 and 165 of the Family Code to legalise same-sex marriage in Sinaloa. [2] Article 40 described marriage as the "union of a man and a woman" and article 165 similarly defined concubinage as between "a man and a woman". In February 2015, the conservative National Action Party (PAN) introduced a civil union bill, which was criticized by LGBTQ organizations as it would have banned children of same-sex partners from residing with their parents. [3] Both this bill and the measure introduced by Lara Díaz were not voted on, facing years of delay and lingering in Congress.

On 12 July 2013, Judge Teddy Abraham Torres López of the Seventh District Court in Los Mochis granted an amparo to a same-sex couple who sought to marry, ruling that the Congress of Sinaloa must comply with the constitutional obligations of equality and non-discrimination. [4] The case was appealed to the Supreme Court of Justice of the Nation, which ruled against the state on 15 April 2015. [5] [6] On 24 September 2014, the Supreme Court granted 3 amparos sought in Culiacán and declared articles 40 and 165 of the Family Code unconstitutional. [7] [8] In mid-October 2014, 70 people from Mazatlán filed an amparo for same-sex marriage rights in the Ninth District Court. [9] In March 2016, the First Chamber of the Mexican Supreme Court declared articles 40 and 165 unconstitutional when it ruled against the state in two appeals challenging earlier verdicts in favor of several same-sex couples. [10] Another amparo was granted to a male same-sex couple from El Fuerte in January 2017. [11]

On 23 November 2014, the Supreme Court ruled that Sinaloa's law limiting concubinage to heterosexual couples was unconstitutional. This decision came in response to an amparo requested by a lesbian couple. [12]

Legislative action

On 25 November 2016, the Mexican Supreme Court ruled that Sinaloa's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. State officials refused to abide by the decision and continued to enforce the state's discriminatory same-sex marriage ban. [13] On 15 May 2018, approximately 17 months later, the Supreme Court ordered the state to legalize same-sex marriage within 90 days or face unspecified consequences. [14] [15] However, that deadline also passed without the state legalizing same-sex marriage. On 19 June 2019, Congress rejected same-sex marriage legislation by 20 votes to 18, including six legislators from the National Regeneration Movement (MORENA) voting against, despite having been elected on a party platform supporting same-sex marriage. [16]

On 12 June 2021, a federal court ordered the Congress of Sinaloa to legalize same-sex marriage within three days, with any legislators who voted against the bill to be found in contempt of court and unable to run for or hold office for seven years. [17] On 15 June 2021, Congress voted 23–0 to pass a bill legalizing same-sex marriage, with all dissenters marking themselves absent for the vote. [18] [19] [20] Governor Quirino Ordaz Coppel subsequently signed the bill into law, and it was published in the official journal on 29 June. [21] The law entered into force on 30 June, and the first same-sex marriage under the new law occurred in Culiacán on 9 July between Janeth Guadalupe Corral Tapia and María de Jesús Cabanillas González. [22] [23] [24]

Article 40 of the Family Code was amended to read as follows:

Political party [25] [26] MembersYesNoAbstainAbsent
Morena Party (Mexico).png National Regeneration Movement 21183
PRI Party (Mexico).svg Institutional Revolutionary Party 88
Worker's Party logo (Mexico).svg Labor Party 523
PAN (Mexico).svg National Action Party 22
BLANK ICON.png Independent 211
Partido Sinaloense.svg Partido Sinaloense11
Partido Encuentro Social (Mexico).svg Social Encounter Party 11
Total40230017

Marriage statistics

The following table shows the number of same-sex marriages performed in Sinaloa since 2021 as reported by the National Institute of Statistics and Geography. [27]

Number of marriages performed in Sinaloa
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
202121113215,74015,7720.20%

Public opinion

According to a 2018 survey by the National Institute of Statistics and Geography, 38% of the Sinaloa public opposed same-sex marriage. [28]

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in Mexico</span>

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. 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.

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 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 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 has been legal in Tlaxcala since 25 December 2020. Legislation to legalise same-sex marriage passed the Congress of Tlaxcala on 8 December 2020 by a vote of 16–3, and came into force on 25 December. Tlaxcala has also recognised civil unions, which grant several of the rights and benefits of marriage, for both opposite-sex and same-sex couples since 12 January 2017.

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 has been legal in Zacatecas since 30 December 2021. On 14 December 2021, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10. The legislation was published in the official state gazette on 29 December, and came into force the following day. Prior to statewide legalisation, five municipalities of Zacatecas issued marriage licenses to same-sex couples despite a state ban, comprising about a quarter of the state population. These five municipalities were Zacatecas City, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

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 San Luis Potosí since 21 May 2019. The Congress of San Luis Potosí approved a bill to legalize same-sex marriage on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.

Same-sex marriage has been legal in Baja California Sur since 29 June 2019. On 27 June, the state Congress passed a bill opening marriage to same-sex couples. It was published in the official state gazette on 28 June and took effect the following day, legalizing same-sex marriage in Baja California Sur.

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 Yucatán since 4 March 2022. On 25 August 2021, the Congress of Yucatán removed a constitutional ban on same-sex marriages. The new law entered into force on 7 September 2021. Congress had 180 days to change statutory law to accommodate same-sex marriage, and did so unanimously on 1 March. The law took effect three days later, and made Yucatán the 25th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Tabasco since 27 October 2022. A bill to legalise same-sex marriage was passed by the Congress of Tabasco on 19 October 2022. It was signed by Governor Carlos Manuel Merino Campos, and published in the official state journal on 26 October, taking effect the next day. Tabasco was the fourth-to-last state in Mexico 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.

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. ↑ "Suprema Corte decidirá si prohibir matrimonio gay en Sinaloa es constitucional". SDPnoticias.com. Archived from the original on 2019-03-23. Retrieved 2021-06-16.
  2. ↑ "EL DEBATE – Personas del mismo sexo podrían casarse en Sinaloa – Culiacán". EL DEBATE. Archived from the original on 2014-09-04.
  3. ↑ "Proponen panistas ley de convivencia". noroeste.com.mx. Archived from the original on 2015-02-24. Retrieved 2021-06-16.
  4. ↑ "Avanza matrimonio igualitario en Sinaloa". Archived from the original on 6 October 2014.
  5. ↑ "Avala Corte matrimonio gay en Sinaloa". eldiariodechihuahua.mx. 15 April 2015. Archived from the original on 23 March 2019. Retrieved 17 June 2022.
  6. ↑ "Listado de Comunicados". Archived from the original on 3 September 2014.
  7. ↑ "Periódico Noroeste". noroeste.com.mx. Archived from the original on 2016-03-05. Retrieved 2022-02-13.
  8. ↑ "Avala la SCJN matrimonios del mismo sexo en Sinaloa". noroeste.com.mx. Archived from the original on 2016-03-05. Retrieved 2022-02-13.
  9. ↑ "Buscan en Mazatlán unión igualitaria". noroeste.com.mx. Archived from the original on 2016-03-05. Retrieved 2022-02-13.
  10. ↑ "Cerca de legalizarse las bodas gay en Sinaloa". Diario Cultura (in Spanish). April 14, 2016. Archived from the original on March 23, 2019. Retrieved March 22, 2021.
  11. ↑ "Pareja gay recibe amparo para casarse en Sinaloa". EL DEBATE. Archived from the original on 2019-03-23. Retrieved 2022-02-13.
  12. ↑ AGENCIA REFORMA (24 November 2014). "Corte protege concubinato homosexual". am.com.mx. Archived from the original on 7 February 2019. Retrieved 13 February 2022.
  13. ↑ "Sin avances en la queja por matrimonio igualitario en CEDH". 27 January 2017. Archived from the original on 9 February 2021. Retrieved 16 June 2021.
  14. ↑ "Sinaloa tiene 90 días para legislar en materia de matrimonio igualitario". El Universal. 17 May 2018. Archived from the original on 24 March 2019. Retrieved 16 June 2021.
  15. ↑ "Se debe consensuar el matrimonio igualitario". Archived from the original on 2019-03-23. Retrieved 2021-06-16.
  16. ↑ "Diputados de Morena sabotean el matrimonio igualitario en Sinaloa". La Jornada (in Spanish). 19 June 2019. Archived from the original on 21 June 2019. Retrieved 16 June 2021.
  17. ↑ "Poder Judicial ordena al Congreso de Sinaloa aprobar el matrimonio igualitario". Noroeste (in Spanish). 13 June 2021. Archived from the original on 27 June 2021. Retrieved 16 June 2021.
  18. ↑ "Congreso de Sinaloa aprueba 'matrimonio igualitario'". www.noroeste.com.mx (in Mexican Spanish). Archived from the original on 2021-06-15. Retrieved 2021-06-15.
  19. ↑ "Congreso de Sinaloa aprueba matrimonio igualitario". Forbes (in Spanish). 15 June 2021. Archived from the original on 15 June 2021. Retrieved 16 June 2021.
  20. ↑ "El congreso de Sinaloa avala el matrimonio entre personas del mismo sexo". Expansión Politíca (in Spanish). 15 June 2021. Archived from the original on 16 June 2021. Retrieved 16 June 2021.
  21. ↑ "Decreto Número 646 del H. Congreso del Estado.- Que Reforma el artículo 40, Párrafo Primero y el 165, Párrafo Primero del Código Familiar del Estado de Sinaloa" (PDF). iip.congresosinaloa.gob.mx (in Spanish). 29 June 2021. Archived (PDF) from the original on 10 July 2021. Retrieved 10 July 2021.
  22. ↑ "Celebran primer matrimonio igualitario en Culiacán, Sinaloa". Político (in Spanish). 9 July 2021. Archived from the original on 10 July 2021. Retrieved 10 July 2021.
  23. ↑ "Se casan Janeth y María ante el Registro Civil; la primera pareja LGBT en contraer matrimonio en Culiacán". Radio Fórmula Culiacán (in Spanish). 9 July 2021. Archived from the original on 10 July 2021. Retrieved 10 July 2021.
  24. ↑ "Matrimonios igualitarios en Sinaloa se pueden llevar acabo "desde ya": Registro Civil". Adiscusión (in Spanish). 6 July 2021. Archived from the original on 10 July 2021. Retrieved 10 July 2021.
  25. ↑ "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019. Archived from the original on 19 June 2019. Retrieved 16 June 2021.
  26. ↑ "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019. Archived from the original on 18 May 2019. Retrieved 16 June 2021.
  27. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2021-02-07.
  28. ↑ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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