Same-sex marriage in Zacatecas

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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. [1] The legislation was published in the official state gazette on 29 December, and came into force the following day. [2] 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. [3] [4] These five municipalities were Zacatecas, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

Contents

Civil unions

A civil union bill was first proposed in Zacatecas in June 2011. The measure, which would have provided same-sex couples with a subset of the rights and benefits offered to married opposite-sex couples, was submitted to the Congress of Zacatecas on 30 June, but was stalled in committee. In 2013, the main sponsor of the bill, Jorge Álvarez Máynez, said that it was not prioritized. [5] It had gathered the support of one deputy from the Institutional Revolutionary Party (PRI), some independents, and some deputies from the Party of the Democratic Revolution (PRD), but was opposed by the conservative National Action Party (PAN). It was again discussed in March 2014, but the majority did not approve the measure. [6]

Same-sex marriage

Background

On 12 June 2015, the Mexican Supreme Court ruled that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos . The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. Specifically, the court ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family." Reacting to the Supreme Court ruling, a PRD deputy announced on 18 June 2015 that she would submit a bill to reform the state's civil and family codes to give same-sex couples the same rights as married heterosexual couples. A spokeswoman for the National Action Party immediately announced the party's opposition and condemned the Supreme Court ruling. [7] The PRD bill was still pending in Congress in November 2017. [8]

The state's first amparo was approved in May 2016. The couple, Rodolfo Eduardo Flores Nava and Francisco Domínguez Galindo, married in the city of Zacatecas in July 2016, making them the first same-sex couple to marry in the state. [9] On 3 April 2017, a lesbian couple from Fresnillo was granted the right to marry by a court. [10] Another same-sex couple from the same city was given the right to marry a few months later. They married in October 2017 in a private ceremony alongside family and friends, marking the first same-sex marriage in Fresnillo. [11] By January 2019, three same-sex couples had married in the city of Zacatecas. [12]

Failed attempts in 2019 and municipalities issuing licenses

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a party in support of same-sex marriage, winning a plurality of legislative seats in Zacatecas. [13] In late February 2019, MORENA Deputy Mónica Borrego Estrada introduced a new same-sex marriage bill to Congress, [14] [15] which she was hopeful would be passed "soon". Borrego Estrada called the heterosexual definition of marriage "a violation of the constitutions of Mexico and Zacatecas". [16] The National Council to Prevent Discrimination also called on the state to legalize same-sex marriage. [17] On 14 August 2019, Congress rejected the bill to legalize same-sex marriage in a 11–13 vote with 2 abstentions. [18]

On 14 February 2019, officials in the city of Zacatecas announced they would begin issuing marriage licenses to same-sex couples. [19] [20] Governor Alejandro Tello Cristerna argued that the marriages would be invalid and expressed his personal opposition to the recognition of same-sex marriage, saying that authorities had to be "careful dealing with the topic". [21] Bishop Sigifredo Noriega, who headed the Roman Catholic Diocese of Zacatecas, also stated his opposition, but nevertheless considered it necessary to find an alternative measure protecting the legal rights of same-sex couples without the "destruction of marriage". [22] The first couple married on 23 February, [23] and by 27 February another couple had married and five further couples had submitted marriage applications. [24] The municipality of Cuauhtémoc followed suit in legalizing same-sex marriage on 1 March, [25] and Villanueva on 18 May 2019. [26] [27] By 5 July 2019, Miguel Auza had also announced its intention to issue marriage licenses to same-sex couples, [28] and on 1 July 2020 the city council of Fresnillo approved a motion to conduct same-sex marriages in the municipality by a 12–0 vote with 2 abstentions. [29] [30] [31]

Passage of legislation in 2021

In September 2021, Deputy Xerardo Ramírez Muñoz from the Labor Party introduced a bill to legalize same-sex marriage to the Congress of Zacatecas. [32] The bill was passed by a Congress committee on 9 December, [33] and a final vote was scheduled for Tuesday, 14 December 2021. The legislation was passed by Congress on 14 December by a vote of 18–10 with 1 abstention. [34] The law was published on 29 December 2021, following Governor David Monreal Ávila's signature, and took effect the following day, on 30 December 2021. [2] The law ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, and inheritance, among others, but excluding adoption rights. [35]

Article 100 of the Family Code was amended to read as follows:

  • in Spanish: El matrimonio es la unión jurídica de dos personas donde ambas, mediante una comunidad de vida, y procurándose respeto, igualdad y ayuda mutua, constituyan una familia.
(Marriage is the legal union of two people who, by means of a community of life, and procuring respect, equality and mutual aid, constitute a family.)
Political party MembersYesNoAbstainAbsent
Morena Party (Mexico).png National Regeneration Movement 981
PRI Party (Mexico).svg Institutional Revolutionary Party 761
PAN (Mexico).svg National Action Party 33
Worker's Party logo (Mexico).svg Labor Party 33
PRD logo without border (Mexico).svg Party of the Democratic Revolution 33
Partido Encuentro Social (Mexico).svg Social Encounter Party 22
PNA Party (Mexico).svg New Alliance Party 211
PVE Party (Mexico).svg Ecologist Green Party of Mexico 11
Total30181011

Marriage statistics

The following table shows the number of same-sex marriages performed in Zacatecas since 2021 as reported by the National Institute of Statistics and Geography. [36]

Number of marriages performed in Zacatecas
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
2021208287,0117,0390.40%
2022239327,0027,0340.45%
20232815436,6246,6670.64%

The first same-sex marriage in Jerez de García Salinas took place in May 2022. [37]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 46% of Zacatecas residents supported same-sex marriage, while 49% were opposed. [38] According to a 2018 survey by the National Institute of Statistics and Geography, 37% of the Zacatecas public opposed same-sex marriage. [39]

See also

Related Research Articles

Same-sex marriage has been legal in Chile since 10 March 2022. The path to legalization began in June 2021 when President Sebastián Piñera announced his administration's intention to sponsor a bill for this cause. The Chilean Senate passed the legislation on 21 July 2021, followed by the Chamber of Deputies on 23 November 2021. Due to disagreements between the two chambers of the National Congress on certain aspects of the bill, a mixed commission was formed to resolve these issues. A unified version of the bill was approved on 7 December 2021. President Piñera signed it into law on 9 December, and it was published in the country's official gazette on 10 December. The law took effect 90 days later, and the first same-sex marriages occurred on 10 March 2022. Chile was the sixth country in South America, the seventh in Latin America and the 29th in the world to legalize same-sex marriage.

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

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 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 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 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 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 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.

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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 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 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.

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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.

References

  1. ↑ "Zacatecas Congress approves same-sex marriage". Mexico News Daily. 15 December 2021. Archived from the original on 16 December 2021. Retrieved 16 December 2021.
  2. 1 2 "Periodcio Oficial del estado de Zacatecas - 29 December 2021" (PDF). Congress of Zacatecas (in Spanish). Archived (PDF) from the original on 14 January 2022. Retrieved 17 June 2022.
  3. ↑ "Aprueban matrimonio igualitario en Zacatecas". Periódico Mirador (in European Spanish). 2019-02-14. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
  4. ↑ "Zacatecas tiene cinco 'paraísos' para el matrimonio igualitario". Homosensual (in Spanish). 3 July 2021. Archived from the original on 6 July 2020. Retrieved 4 July 2020.
  5. ↑ "En la congeladora, desde 2011, iniciativa de Ley de Sociedades de Convivencia: Jorge Alvarez". Noticias de Zacatecas - La Jornada Zacatecas (in Spanish). Archived from the original on 2014-09-08. Retrieved 2019-03-14.
  6. ↑ "Rehúyen diputados tema de matrimonio gay". NTR Zacatecas .com (in Spanish). Archived from the original on 2014-09-08. Retrieved 2019-03-14.
  7. ↑ "Promoverá PRD reformas a códigos Civil y de lo familiar". NTR Zacatecas .com (in Spanish). Archived from the original on 2019-03-30. Retrieved 2019-03-14.
  8. ↑ (in Spanish) Analizará Legislatura matrimonio igualitario este martes Archived 2019-03-30 at the Wayback Machine
  9. ↑ (in Spanish) Contraerá matrimonio primera pareja del mismo sexo en el estado de Zacatecas Archived 2019-03-31 at the Wayback Machine
  10. ↑ (in Spanish) Aprueban primer matrimonio homosexual en Fresnillo Archived 2017-04-03 at the Wayback Machine
  11. ↑ (in Spanish) Celebrarán primer matrimonio gay en Fresnillo Archived 2019-03-30 at the Wayback Machine
  12. ↑ (in Spanish) Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo Archived 2019-03-30 at the Wayback Machine
  13. ↑ (in Spanish) Poder Legislativo del Estado de Zacatecas - LXIII Legislatura Archived 2019-03-15 at the Wayback Machine
  14. ↑ "Presentan diputados iniciativa a favor de matrimonio igualitario". zacatecasonline.com.mx. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
  15. ↑ "Presentarán hoy, en Legislatura de Zacatecas, nueva iniciativa en materia de matrimonio igualitario". La Jornada Zacatecas (in Spanish). 2019-02-28. Archived from the original on 2019-03-02. Retrieved 2019-03-15.
  16. ↑ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
  17. ↑ "Conapred pide a Zacatecas respaldar matrimonio igualitario". El Informador :: Noticias de Jalisco, México, Deportes & Entretenimiento (in European Spanish). 23 February 2019. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
  18. ↑ "Congreso de Zacatecas rechaza el matrimonio igualitario". Archived from the original on 2019-09-14. Retrieved 2019-08-14.
  19. ↑ (in Spanish) Matrimonio igualitario en Zacatecas Archived 2019-03-30 at the Wayback Machine
  20. ↑ (in Spanish) Ayuntamiento de Zacatecas reconoce matrimonio igualitario Archived 2019-02-23 at the Wayback Machine
  21. ↑ (in Spanish) Preocupa a Tello la legalidad del matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
  22. ↑ (in Spanish) Obispo de Zacatecas no acepta matrimonios igualitarios Archived 2019-03-30 at the Wayback Machine
  23. ↑ "Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo". Mirador (in Spanish). 24 February 2019. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
  24. ↑ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
  25. ↑ (in Spanish) En Cuahutémoc, a favor de los matrimonios igualitarios Archived 2019-03-30 at the Wayback Machine
  26. ↑ "Villanueva, primer municipio perredista del estado en aprobar los matrimonios igualitarios". La Jornada Zacatecas (in Spanish). 20 May 2019. Archived from the original on 23 May 2019. Retrieved 20 May 2019.
  27. ↑ "SCOTUS update and open thread". Equality on Trial. Archived from the original on 17 September 2021. Retrieved 8 October 2024.
  28. ↑ "Ombudsman de Zacatecas insta a clero y gobierno a respetar la ley". Jornada (in Spanish). 5 July 2019. Archived from the original on 22 August 2021. Retrieved 23 March 2021.
  29. ↑ "Aprueba ayuntamiento de Fresnillo matrimonios igualitarios". PÓRTICO: Noticias de Zacatecas con tinta de libertad (in Mexican Spanish). 2020-06-30. Archived from the original on 2020-07-07. Retrieved 2020-07-07.
  30. ↑ "Da Fresnillo el sí a matrimonios igualitarios". NTR Zacatecas .com (in Spanish). Archived from the original on 2020-07-02. Retrieved 2020-07-07.
  31. ↑ "Cabildo de Fresnillo aprueba matrimonio igualitario". La Cueva del Lobo (in Spanish). 2 July 2020.
  32. ↑ "Diputado propone reconocer el matrimonio igualitario en Zacatecas". Zacatecas Al Minuto (in Spanish). 14 September 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
  33. ↑ "Matrimonio homosexual avanza para ser aprobado en Zacatecas". Zacatecas online (in Spanish). 9 December 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
  34. ↑ "Zacatecas aprueba el matrimonio igualitario". El Sol de México (in Spanish). 14 December 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
  35. ↑ "Adopción homoparental, reto para la comunidad LGBT+". La Nota Zacatecas (in Spanish). July 14, 2022.
  36. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2021-02-07.
  37. ↑ "Realizan en Jerez, Zacatecas primer matrimonio igualitario". El Sol de Zacatecas (in Spanish). 20 May 2022.
  38. ↑ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine , Gabinete de Comunicación Estratégica
  39. ↑ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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