Same-sex marriage in Baja California Sur

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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.

Contents

Background

The Mexican Supreme Court ruled on 12 June 2015 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 in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory.

The first amparo in favor of same-sex marriage in Baja California Sur was granted on 21 October 2014. [1] [2] The case involved 9 same-sex couples, 14 women and 4 men, who had filed an amparo in August 2014 contesting the constitutionality of articles 150 and 330 of the state Civil Code. Article 150 defined marriage as the "legitimate union of a man and a woman" and whose goal was "perpetuating the species", and article 330 similarly defined concubinage as between "a man and a woman". [3] On 21 October, a district court judge declared the two articles unconstitutional and gave the 9 couples in question the right to marry. The Supreme Court ruled in favor of the couples on appeal in March 2016. [4] This court decision only allowed the 9 couples involved in the case to marry. The couples were represented by LGBT activist and lawyer Nolzuly Almodóvar García.

In February 2015, 18 same-sex couples, 32 women and 4 men, filed an amparo in court seeking the right to marry their partner. It was granted by the First District Court in April 2015. [5] Lawyer Almodóvar García has represented several same-sex couples in these amparos. In November 2014, he helped 10 couples from La Paz file an amparo for the right to marry, [6] and did so again in April 2015 for 6 more couples. [5] By 20 August 2016, 180 people had been granted the right to marry by the courts. [7]

Legislative action

On 9 April 2010, the LGBT organization La Comunidad Sudcaliforniana en Diversidad Sexual proposed amendments to the Civil Code of Baja California Sur to legalize same-sex marriage and adoption by same-sex couples. [8] No action was taken by the state Congress over the following years, as local politicians deflected the issue arguing that "the public must be consulted". [9] [10] Even after several court decisions in favor of same-sex couples, members of the local Congress said that the issue was not on the legislative agenda. [11] On 25 March 2015, the Chief Justice of the Baja California Sur Supreme Court, Daniel Gallo Rodríguez, introduced a same-sex marriage bill to Congress. [12] On 15 April, a member of Congress told the media that analysis of the proposal would begin in May 2015. [13] On 17 May 2016, the International Day Against Homophobia, a congresswoman from the conservative National Action Party (PAN) announced that the bill would be voted on before 30 June. [14] No vote took place however, and the proposal was put in the "legislative freezer" (congelador legislativo).

In the July 2018 elections, the National Regeneration Movement (MORENA) and other parties supporting same-sex marriage won a majority of legislative seats in Congress. In September 2018, several deputies promised to push for the legalization of same-sex marriage. [15] In May 2019, Deputy Rosalba Rodríguez López introduced a same-sex marriage bill to Congress. [16] On 27 June 2019, the state Congress approved the legislation in a 14–5 vote with one abstention. [17] [18] It was signed by Governor Carlos Mendoza Davis the same day and published in the official state gazette on 28 June. The law took effect the following day. [19] [20] [21]

Article 150 of the Civil Code of Baja California Sur now reads as follows:

Political party [22] MembersYesNoAbstainAbsent
Morena Party (Mexico).png National Regeneration Movement 88
BLANK ICON.png Independents 7331
PRI Party (Mexico).svg Institutional Revolutionary Party 11
PAN (Mexico).svg National Action Party 11
Worker's Party logo (Mexico).svg Labor Party 11
PRD logo without border (Mexico).svg Party of the Democratic Revolution 11
Humanista Party (Mexico).png Humanist Party 11
Partido de Renovación Sudcaliforniana11
Total2114511

The law granted married same-sex couples the same rights, benefits and responsibilities as married opposite-sex couples, including property rights, inheritance rights, hospital visitation rights, the right to make emergency medical decisions for a partner, protection from domestic violence, etc., but with the exception of adoption rights.

In June 2022, Deputy María Guadalupe Moreno Higuera introduced legislation to Congress to permit married same-sex couples to petition to adopt. The bill was passed into law in November 2022. [23]

In May 2023, the Baja California Sur Congress approved a citizen-initiated bill expanding the recognition of concubinage to same-sex couples. [24] [25]

Marriage statistics

The following table shows the number of same-sex marriages performed in Baja California Sur since 2019 as reported by the National Institute of Statistics and Geography. [26]

Number of marriages performed in Baja California Sur
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
20191512272,3912,4181.12%
2020249331,5811,6142.04%
20213423572,2542,3112.47%

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 59% of Baja California Sur residents supported same-sex marriage, while 36% were opposed. [27]

According to a 2018 survey by the National Institute of Statistics and Geography, 42% of the Baja California Sur public opposed same-sex marriage. [28]

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in Mexico</span> Overview of the status of same-sex marriage in Mexico

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 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 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 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 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 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 is legal in accordance with a ruling from the Supreme Court of Justice of the Nation 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 individual 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 was codified into law by the Nuevo León Congress on 14 June 2023.

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 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 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.

References

  1. ↑ "Sentencian a favor del matrimonio igualitario en BCS". octavodia.mx. Archived from the original on 25 October 2014.
  2. ↑ "SCJN permite el matrimonio gay en Baja California Sur". BCS Noticias. 2014-10-24. Archived from the original on 2019-03-23. Retrieved 2019-06-30.
  3. ↑ "Se amparan 18 personas por el matrimonio gay en BCS; buscan la adopción". BCS Noticias. 2014-08-08. Archived from the original on 2019-03-23. Retrieved 2019-06-30.
  4. ↑ "Resuelve Primera Sala asuntos sobre violencia de género y no discriminación". Canal Judicial. 2016-03-10. Archived from the original on 2019-03-23. Retrieved 30 June 2019.
  5. 1 2 "Gana segundo amparo comunidad LGBT en BCS; se alistan cuatro matrimonios". octavodia.mx. Archived from the original on 17 April 2015.
  6. ↑ "Insistirán en legalizar el matrimonio igualitario en BCS". octavodia.mx. Archived from the original on 11 December 2014.
  7. ↑ "Existen 180 amparos otorgados para unir a personas mediante el "Matrimonio Igualitario" en BCS". Archived from the original on 22 September 2016. Retrieved 6 September 2016.
  8. ↑ "Activistas de Baja California Sur proponen matrimonio gay en la entidad". notiese.org. Archived from the original on 2016-09-18. Retrieved 2019-06-30.
  9. ↑ "BCS, lejos del matrimonio gay". Peninsular Digital. 2013-04-18. Archived from the original on 2019-03-23. Retrieved 2019-06-30.
  10. ↑ "No debe tomarse a la ligera la aprobación de los matrimonios gay". Peninsular Digital. 2014-04-29. Archived from the original on 2019-03-23. Retrieved 2019-06-30.
  11. ↑ Antonio de Jesús Cervantes (4 November 2014). "Matrimonio igualitario no está en agenda del Congreso local". Semanario ZETA. Archived from the original on 2014-11-17. Retrieved 2019-06-30.
  12. ↑ "El Tribunal Superior propuso la legalización del matrimonio gay en BCS". BCS Noticias. 2015-03-25. Archived from the original on 2019-03-23. Retrieved 2019-06-30.
  13. ↑ "En mayo legislarán sobre matrimonio entre personas del mismo sexo". Peninsular Digital. 2015-04-16. Archived from the original on 2015-04-17. Retrieved 2019-06-30.
  14. ↑ "Este año quedarán homologados los matrimonios entre personas del mismo sexo" (in Spanish). Peninsular Digital. 17 May 2016. Archived from the original on 23 March 2019. Retrieved 30 June 2019.
  15. ↑ (in Spanish) Nuevos diputados de BCS prometen sacar al matrimonio gay y la eutanasia de la "congeladora" Archived 2019-03-23 at the Wayback Machine
  16. ↑ "[Video] Se enciende el Congreso por iniciativa de matrimonio igualitario". El Sudcaliforniano (in Spanish). 7 May 2019. Archived from the original on 10 May 2019. Retrieved 7 February 2021.
  17. ↑ "Histórico: Congreso aprueba los matrimonios gays en Baja California Sur". BCS Noticias. 2019-06-28. Archived from the original on 2019-07-01. Retrieved 30 June 2019.
  18. ↑ "¡Acepto! Congreso de Baja California Sur aprueba matrimonio igualitario". milenio.com. 27 June 2019. Archived from the original on 28 June 2019. Retrieved 30 June 2019.
  19. ↑ "DECRETO 2624 Se Deroga el Artículo 174 y se Reforman los Artículos 150, 157, 173, 176, 218 y 220 todos del Código Civil para el Estado Libre y Soberano de Baja California Sur" (PDF). Archived (PDF) from the original on 2019-06-28. Retrieved 2019-06-30.
  20. ↑ "El Registro Civil ya podrá realizar matrimonios igualitarios". El Sudcaliforniano. Archived from the original on 4 July 2019. Retrieved 30 June 2019.
  21. ↑ "Publica Boletín Oficial del Gobierno de BCS reformas que permite Matrimonio entre personas del mismo sexo". Diario El Independiente. 2019-06-28. Archived from the original on 2020-08-08. Retrieved 30 June 2019.
  22. ↑ "Boletín de prensa No. 113". Congreso del Estado de Baja California Sur (in Spanish). 14 May 2019. Archived from the original on 21 September 2019. Retrieved 30 June 2019.
  23. ↑ "El Congreso de Baja California Sur avala por mayoría de votos la adopción homoparental en el estado". Latin US (in Mexican Spanish). 2022-11-16. Retrieved 2023-06-07.
  24. ↑ Santiesteban, Gilberto (2023-06-06). "Aprueban reconocimiento de derechos de concubinato a personas LGBT+ en BCS". Semanario ZETA (in Mexican Spanish). Retrieved 2023-06-07.
  25. ↑ "Reconocen concubinato en personas del mismo sexo". El Sudcaliforniano (in Spanish). 23 May 2023.
  26. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2021-02-07.
  27. ↑ Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine , Gabinete de Comunicación Estratégica
  28. ↑ "#Data | ¿Quién está en contra del matrimonio gay? - El Sol de México". elsoldemexico.com.mx. Archived from the original on 16 April 2019. Retrieved 30 June 2019.
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