Same-sex marriage in Mexico
Same-sex civil unions (Spanish: sociedad de convivencia, pronounced [sosjeˈðað ðe kombiˈβensja])[b] are legally performed in Mexico City and in the states of Campeche,[9] Coahuila, Michoacán,[10] Tlaxcala and Veracruz.
The case involved a same-sex couple who legally married in Mexico City in 2012 and filed for spousal benefits with the Mexican Social Security Institute (IMSS) in the state of Puebla, but were denied.
[30] Some have suggested the ruling "effectively legalizes" same-sex marriage in Mexico,[31][32] though without legislative change, civil registrars are still bound to follow state laws.
)On 20 December 2015, the National Human Rights Commission submitted a general recommendation to all state executive and legislative bodies, requesting them to allow same-sex marriages in their jurisdictions.
[42] A further ruling issued by the Supreme Court holding that same-sex couples in Mexico have a nationwide right to establish and maintain a family life, whether through procreation, adoption or other means derived from scientific advances, took effect on 30 January 2017.
[44][45] In October 2018, shortly after the beginning of the new legislative term, PRD Senator Juan Zepeda Hernández introduced a draft proposal to legalize same-sex marriage nationwide in Mexico.
[52] The plaintiffs in the case, activist Daniel Berezowsky Ramirez and Jaime Chavez Alor, married at the Mexican consulate in New York City on 26 November.
[53] In late November, Senator Ricardo Monreal introduced a bill to Congress to allow same-sex marriages in Mexican consulates without the need for couples to obtain a court injunction.
After years of demanding greater political autonomy, residents were given the right to directly elect the Head of Government of Mexico City and the representatives of the unicameral Legislative Assembly by popular vote in 1997.
[76] Luis González Plascencia, chairman of the Human Rights Commission of Mexico City, backed the bill and said that it was up to the Legislative Assembly to consider LGBT adoption.
[86] From 2014 onwards, multiple same-sex marriage, concubinage and civil union bills were proposed in Aguascalientes, though all of them stalled in Congress due to opposition from the ruling National Action Party.
[87][88][89][90][91] An action of unconstitutionality was filed in 2018 by the State Human Rights Commission of Aguascalientes, challenging articles 143, 144 and 313bis of the Civil Code, which limited marriage to opposite-sex couples to "perpetuate the species".
[92][93] The ruling went into effect upon publication in the Official Gazette of the Federation on 16 August 2019,[94] though the Civil Registry had already begun issuing same-sex marriage certificates prior to this date.
[105] A same-sex marriage bill was first proposed in Baja California Sur on 9 April 2010 by the organization La Comunidad Sudcaliforniana en Diversidad Sexual.
[142] On 4 July 2013, the state Congress approved a new form of union called enlace conyugal (conjugal bond) for same-sex couples, which according to Deputy Martín Flores Castañeda grants the same rights and obligations as marriage.
[44][157] In July 2022 a federal judge ordered the Durango Congress to consider an abandoned same-sex-marriage bill in their next session, due to the critical number of amparos having been reached.
[161] In response to the first amparo approval, on 21 February 2014, the PRD introduced a bill to Congress to amend the Guanajuato Civil Code so as to allow same-sex marriages.
[168][failed verification][better source needed] After the Supreme Court ruling went into effect on 22 June 2015, officials in Guerrero began announcing plans for a series of collective group weddings.
[184] In April 2013, a cross-party group of deputies presented the Free Coexistence Act (Spanish: Ley de Libre Convivencia) to the state Congress.
[221] On 25 June 2015, Deputy Luis Manuel Hernández Escobedo introduced a bill allowing same-sex couples to marry and making the definition of concubinage gender-neutral.
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.
[272] On 15 May 2018, following approximately 17 months of delay, the Supreme Court ordered the state to legalize same-sex marriage within 90 days or face unspecified consequences.
[283] After Mexico City's Legislative Assembly legalized same-sex marriages and LGBT adoption in December 2009, debate resurged in states where civil unions had been previously proposed.
The bill established civil unions, under the name sociedad de convivencia solidaria, which provides cohabiting same-sex and opposite-sex couples with many of the same rights and obligations of marriage.
The bill was promoted by right-wing organization Pro Yucatán Network to reject all efforts by people of the same sex to form a family and adopt children.
[321] On 17 May 2014, a group of civil society organizations brought a legal action before the Constitutional Court of the State of Yucatán under the guise of "correcting a legislative omission."
The suit asked for Articles 49 and 94 of the Family Code which limit marriage to one man and one woman to be "considered in the broadest sense and that the gender of its members be undefined.
The study found that the strongest support for same-sex marriages was registered in Mexico City, Tijuana, San Luis Potosí, Colima and La Paz; whereas it was the weakest in Durango, Ciudad Victoria, Aguascalientes, Chihuahua and Monterrey.
Following President Enrique Peña Nieto's proposal to legalize same-sex marriage in Mexico in May 2016, a poll on the issue was carried out by Gabinete de Comunicación Estratégica.
[361] A 2017 survey by the Instituto Nacional de Estadística y Geografía (INEGI) found that opposition to same-sex marriage was most marked in southern Mexico, namely the states of Chiapas (58.7%), Tabasco (56.5%), Campeche (56.1%), Veracruz (54.3%) and Guerrero (54.0%).
