Mexico

[Rick]

Mexico: Baja California Same-Sex Marriage Ban Unconstitutional

 

Late Wednesday, 25 June 2014, Mexico's Supreme Court allowed a same-sex couple to marry in Baja California, the state immediately south of San Diego that occupies the northern half of the Baja California peninsula.

 

According to a news release from the court, the ruling stated that a provision in the Baja California State Constitution limiting marriage to heterosexual couples is unconstitutional.

 

"Excluding couples of the same sex goes against the right of persons to self-determination and for every individual's personality to develop freely," the statement said. "In addition, it implicitly creates a violation to the principle of equality, because it gives a different treatment to homosexual couples with respect to heterosexual couples."

 

The ruling allows the marriage of a Baja California couple, Ví­ctor Manuel Aguirre and Fernando Urí­as Amparo, who were denied a marriage license at Mexicali City Hall a year ago. After a federal district court in Baja California sided with the couple, the state legislature appealed the ruling to Mexico's Supreme Court.

 

Wednesday's ruling does not overturn the state ban. Other same-sex couples who seek to marry in Baja California would have to go through similar appeals, if turned down for licenses.

 

Individual couples in a number of Mexican states, including Chiapas, Chihuahua, Colima, Oaxaca, Sinaloa, and Tabasco, have also won the right to marry for themselves. Same-sex marriage has been legal in the Distrito Federal (Mexico City) since 2010, and in the state of Quintana Roo since 2012. In addition, all states in Mexico must recognize/respect any/all same-sex marriages performed in these two jurisdictions or in any foreign jurisdiction where it is already legal.

 

Note on Mexico's federal "unconstitutionality" clause: It takes three across-the-board matching rulings by Mexico's Supreme Court before binding precedent is set.

 

Oaxaca's state constitutional same-sex marriage ban was declared "unconstitutional" in 2013. And now, with this latest ruling, Baja California's has met the same fate. After one more ruling of this nature by Mexico's Supreme Court, same-sex marriage will be legal nationwide throughout all of Mexico.

 

Rick

 

 

 

 

 

[Rick]

Summary Up-Date of Mexico's Same-Sex Marriage Laws

 

Distrito Federal (Mexico City)

 

On 21 December 2009, the Legislative Assembly of the Distrito Federal legalized same-sex marriage (39-20) in Mexico City. The bill changed the definition of marriage in the district's Civil Code from "a free union between a man and a woman" to "a free union between two people." The law grants same-sex couples the same rights as opposite-sex couples, including adopting children On 29 December 2009, Head of Government Marcelo Ebrard signed the bill into law, which became effective on 4 March 2010. On 5 August 2010, the Supreme Court of Mexico voted 8"“2 to uphold the constitutionality of Mexico City's same-sex marriage law. The Court further ruled on 10 August 2010, that Mexico City marriages are valid throughout the country.

 

 

Quintana Roo

 

Same-sex marriages can be performed in Quintana Roo after a decision by the state's Secretary of State. In November 2011, some public officials in the state began performing same-sex marriages after reviewing the state's civil code. The Civil Code of Quintana Roo does not state sex or gender requirements for marriage, only specifying "people interested in getting married." A same-sex couple filed for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a man-woman 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 Kantunilkin on 28 November 2011.

 

In April 2012, the two same-sex marriages performed in Kantunilkin were annulled by Quintana Roo Governor Roberto Borge Angulo, but these annulments were later reversed in September 2012 by Luis González Flores, Secretary of State of Quintana Roo, in a decision that allowed for future same-sex marriages to be performed in the state.

 

 

Colima

 

In February 2013 Colima State authorities started approving same-sex marriage applications after officials cited Article 1 in the Mexican federal constitution, which prohibits discrimination based on sexual preferences. Although same-sex marriage was not officially legal by law in Colima, a same-sex couple could still legally apply and receive a marriage license. On 14 June 2013, Rosa Lilia Vargas Valle, a judge of the Second District Court of Colima State, ruled that the Colima Civil Code was unconstitutional in limiting marriage to opposite-sex couples. As a result, on 4 July 2013, the state congress approved an amendment to Article 147 of the state constitution which formalizes same-sex unions. Within 30 days, seven of Colima's ten municipalities approved the change to the civil code.

 

 

Oaxaca and Baja California

 

The Supreme Court of Mexico has declared that these two states' constitutional bans on same-sex marriage to be unconstitutional. Oaxaca has since been ordered to begin performing same-sex marriages. So far, at least 43 same-sex couples have been married in Oaxaca, as well as at least one same-sex couple in Baja California. And a correction: It takes 5 such rulings by Mexico's Supreme Court to establish binding precedent (not 3, as previously stated).

 

 

Same-sex couples have successfully sued in court and have been allowed to marry in these states on a case-by-case basis, a situation which appears to be rapidly overwhelming the courts. In addition to the states cited in my previous post, we also have:

 

Chihuahua (September 2013)

Jalisco (early 2014)

Guanajuato (March 2014)

Michoacan (March 2014 and again in May 2014)

San Luis Potosi (June 2014)

Baja California (June 2014) (as cited above)

Nayarit (July 2014)

Chiapas (recent)

Sinaloa (recent)

Tabasco (recent)

 

 

Civil Unions:

 

Coahuila

 

On 11 January 2007, in a 20"“13 vote the congress of the northern state of Coahuila legalized same-sex civil unions under the name Pacto Civil de Solidaridad (PCS, Civil Pact of Solidarity), which gives property and inheritance rights to same-sex couples.

 

Twenty days after the law had passed, on 31 January 2007, Mexico's first same-sex civil union took place in Saltillo, Coahuila. It was between 29-year-olds Karina Almaguer and Karla Lopez, a lesbian couple from Tamaulipas. Since 2007, 196 same-sex couples have entered into a PCS, none of them have been annulled. (One doesn't obtain a divorce in Mexico. Instead, the marriage is annulled).

 

 

Jalisco

 

The Free Coexistence Act (Ley de Libre Convivencia) established that same-sex civil unions can be applied in the state, as long as they are not considered as marriages, there is no adoption and they are performed with a civil law notary. On 31 October 2013, the Jalisco congress approved the Act in a 20"“15 vote.

 

 

And just to keep track, there are 32 jurisdictions in Mexico, 31 states plus the Federal District.

 

This present summary accounts for 15 of those jurisdictions, meaning that there has been no action in the remaining 17,-- other than that they all must recognize a same-sex marriage performed in another jurisdiction, including that of a foreign country where it is already legal.

 

Rick

 

 

 

 

 

[Rick]

And, of course, here's one that I missed:

 

 

Judge: Morelos Gay Marriage Ban Unconstitutional

 

Through a federal injunction, issued on 25 January 2014, a judge of the Second District in Morelos State has ordered the Civil Registry in Xochitepec to process a marriage application presented by two men.

 

The couple, Mario Leopoldo Castellanos Ramos y Alfonso íngel Martí­nez Reyes, filed suit in August 2013 when they were denied the right to get married. The registry cited articles 120, 22, and 68 of the Morelos state constitution as the basis for the denial.

 

Second District Judge José Martí­nez Hidalgo Leovigild stated, "this measure is discriminatory because homosexual couples in their relationships can adapt to the current fundamentals of the marriage institution and more broadly to the family. The righteousness of the union covers and protects the couple against the content of Article 120 of the Constitution of the State of Morelos."

 

He concluded that these regulations violate the principles of equality and non-discrimination contained in Article 1 of the Federal Constitution of Mexico to exclude same-sex couples from the institution of marriage and family.

 

The chairman of the Committee on Sexual Diversity in Morelos, Manuel Carmona Zuniga, states the marriage will take place 17 May 2014, the International Day against Homophobia.

 

 

Unlike the USA, most of these lower-court judicial rulings in Mexico, done on a case-by-case basis like this, are not being appealed by the state authorities. Thus, most of them are not reaching the Supreme Court of Mexico to receive a definitive precedent-setting ruling.

 

In fact, in at least one instance, in Colima state, just cited in my previous post, the state's legislative body quickly changed the state law there to comply with the recent judicial ruling striking down their same-sex marriage ban.

 

Since the state authorities in Morelos didn't bother to appeal this judicial ruling to a higher court, Morelos state appears likely to follow this same track, as do any number of other Mexican states which have had recent judicial rulings striking down their same-sex marriage bans.

 

Morelos state directly abuts the Federal District on its southern flank.

 

Rick

 

 

 

 

 

 

 

[Rick]

Here are the details pertinent to the recent court ruling in Guanajuato state:

 

On 15 February 2014, the 3rd District Court in León approved the marriage of 2 women.

 

Fidel Negrete Vazquez, president of the Colectivo León AC Gay, and lawyer for the couple, stated they filed an injunction on 15 August 2013 after being refused the right to get married by the Civil Registrar of Guanajuato.

 

Article 72 of the Rules of Civil Registration and Article 144 of the Civil Code of Guanajuato state were ruled unconstitutional and a violation of civil rights. The Associación Colectivo León Gay, who supported the effort, stated this was the beginning to rewrite the code to end discrimination against same-sex couples.

 

This will be the first recognized same-sex marriage for Guanajuato state.

 

 

Again, the judicial ruling was not appealed by state authorities. Instead, all efforts since then have been focussed on re-writing the offending portions of the Guanajuato civil code so as to henceforth comply with the ruling.

 

Guanajuato state is north of Mexico City, and directly south of Coahuila state, about half way to the Texas border.

 

Rick

 

 

 

 

 

[Rick]

Same-Sex Adoption in Coahuila

 

The Mexican State of Coahuila has become the second jurisdiction in Mexico to allow same-sex couples to adopt children. On Tuesday, 11 February 2014, the state Congress repealed Article 385-7 of the civil code which banned couples from adoption. Once this news is published in the official newspaper Gazette(expected in a few days), Coahuila will join Mexico City in becoming the second state to allow adoption. This should also allow same-sex couples custody rights which also have previously been prohibited by the article.

 

Article 385-7 which banned same-sex couple adoption was passed by the Coahuila state Congress on 12 January 2007 (and was included in the same legislation which also legalized same-sex civil unions). On 10 November 2010, the Coahuila Supreme Court ruled the adoption amendment unconstitutional and requested the state legislature to amend the provision.

 

Rick

 

 

 

 

 

 

[Rick]

And I missed this one, too!

 

Same-Sex Civil Unions Legal in Campeche

 

With the unanimous approval of legislators, Campeche state approved the "Civil Societies of Coexistence," a new legal concept that will allow gays and lesbians to register their marriage in the State of Campeche.

 

On Monday, 23 December 2013, the Campeche state Congress approved the Regulatory Law of Civil Societies of Coexistence.

 

Henceforth, in the State of Campeche, people with different sexual orientation are able to register their union at the Public Registry of Property and Trade in this Mexican State.

 

With the unanimous vote of the legislators, they approved civil unions between the same genre, a bill that had been presented by José Ismael Enrique Canul Canul and Teida Garcia Cordova, both from the Revolutionary Democratic Party (PRD).

 

The new law states:

 

"The Civil Society of Coexistence is a contract formed when two individuals of the same or different genre, adults and with full legal capacity, establish a common address willing to live and organize their lives in common. "

 

In this recently-approved law, the spouses will have the character of "civil partners," and likewise, requires them to maintain a "common home" which will take effect when they register their union.

 

The Civil Society of Coexistence of Campeche does not replace the conventional marriage or the state of concubinage.

 

Deputy of Campeche, Canul Canul stated that with this decision the Congress of Campeche demonstrates its intention to ensure the rights of all citizens.

 

 

Note: Actually, this new law, with its impossibly unusual terminology (similar to the unusual terminology invented by the state of Jalisco), are last-minute half-way attempts by politicians seeking to stave off and avoid the inevitable: A court challenge, and its subequent court ruling, requiring same-sex marriage and across-the-board full equal rights for same-sex couples.

 

Rick

 

 

 

 

 

[Rick]

And two more:

 

Same-Sex Marriage Allowed in Yucatán State

 

On 1 July 2013, the Third District Court of the State of Yucatán ruled that two petitioners were able to marry. Martha Góngora, director of the civil registry of the state, said the decision would be reviewed and might be returned to the court. Jorge Fernández Mendiburu, defense counsel in the case, indicated that if the registrar refused to complete the marriage, the case would be brought before the Mexican Supreme Court of Justice with a request for the state law limiting marriage to one man and one woman to be declared unconstitutional.

 

Subsequently, the registrar backed down, and on 8 August 2013, a gay couple became the first same-sex couple to legally marry in the state of Yucatán.

 

 

Same-Sex Marriage Allowed in Chihuahua State

 

Very quickly thereafter, on 4 September 2013, Chihuahua became the next state in Mexico to allow same-sex couples to marry. This was decided because, on 30 April 2013, a male same-sex couple asked the Civil Registrar of Chihuahua to marry. The Civil Registrar rejected it, but Judge José Juan Múzquiz Gómez, of the Tenth District Court of Chihuahua State recognized that they have the right to marry. The Civil Registar had until 3 September 2013 to appeal the decision, but in the end, they declined, and it did not happen.

 

 

Most of these same-sex marriage cases in Mexico are being won because, in 2001, Article 1 of the Federal Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation. It's right there clearly spelled out in black-and-white in the federal constitution, and the Supreme Court of Mexico has not been hesitant in striking down state laws and state civil code prohibitions barring same-sex marriage.

 

This combination of factors further explains why appeals are so few and far between.

 

Rick

 

 

 

 

 

[Rick]

Same-Sex Marriage Allowed in Jalisco despite Gay Marriage Rules being Legally Inconsistent

 

The first same-sex marriage in Jalisco state's 190 year history occurred on 14 December 2013.

 

Six weeks prior, in October, the Jalisco state legislature passed a civil union bill which will allows gay couples to enter into contractual arrangements with all the legal benefits and attributes of traditional heterosexual marriage, but without being called that. It was signed immediately by PRI governor Aristóteles Sandoval, and will take effect on 1 January 2014. Same sex civil unions are now approved in Jalisco.

 

Gay marriage remains technically illegal in Jalisco - a state often called the cultural heart of Mexico - given that it is Mexico's most populous state and home to its second-largest city, Guadalajara, as well as to its most gay-friendly beach resort city, Puerta Vallarta.

 

But despite the express limitations of the new law, Zaira Viridiana de Gómez and Martha Sandoval Blanco were married by the Guadalajara Civil Registry. They made legal history as the first same-sex couple ever to be married in Jalisco state.

 

Zaira and Martha gained the right to marry only after filing suit in a federal court, which ruled in their favor in a decision suggesting the new Jalisco civil union law may be at least partially unconstitutional - by not going far enough in protecting homosexual couples.

 

The couple first applied for a marriage license in March 2013, but their paperwork was immediately rejected by local officials who relied on article 258 of the Jalisco Civil Code, which provides as follows:

 

"Marriage is an institution of public character which advances the larger interests of society, by which a man and a woman decide to share their lives in search of personal fulfillment, and as the foundation of a family unit." The opposite gender restriction language is typical of marriage statutes in most Mexican states.

 

Zaira and Martha then filed an amparo proceeding in federal court to test the constitutional validity of the state's definition of marriage. The trial judge ruled in their favor, based upon an expanding body of legal precedent which has been handed down over the past year by Mexico's highest tribunal.

 

Jalisco authorities appealed the adverse ruling, but their arguments were dismissed by a higher court on procedural and technical grounds. On 28 November 2013, the court issued Zaira and Martha a writ of amparo - an order directing the local marriage registrar to marry them just as if they were a heterosexual couple.

 

Several other Mexican states already allow gay marriage, expressly denominated as such. Most of them acted in obedience to court orders.

 

The nationwide approval of gay marriage by Mexico's Supreme Court is a certainty, despite strong opposition in some states. The court has already ruled that homosexuals are protected by human rights provisions implicit in Mexico's federal constitution. The remaining legal question is whether civil union statutes like Jalisco's (neighboring Colima has an identical one) will be sufficient to comply with civil rights guarantees as the Mexican high court eventually delineates them, or whether states will have to expressly permit marriage between two men or two women, without using the sterile legal terminology of "civil union."

 

Another provision of the new Jalisco law remains untested as well. It prohibits child adoption by same sex couples - a provision likely to be struck down sooner or later by the Supreme Court, as Mexico continues to grapple with 21st century relationships in a nation where solidly entrenched sociocultural traditions yet exert powerful political influence.

 

As a final footnote, news sources reported that Zaira and Martha were married four hours earlier than planned, because conservative groups had threatened to disrupt the marriage.

 

Note carefully: This court-ordered same-sex marriage occurred in Jalisco state (14 December 2013) even before the last-minute new civil union law could be hurridly put into effect (effective from 1 January 2014).

 

Rick

 

 

 

 

 

[Rick]

More up-date:

 

The hurry-up separate civil union category recently invented by several Mexican states for same-sex couples apparently isn't working the way certain politicians had hoped.

 

 

Jalisco

 

Although two women armed with a federal court order were married in December 2013 (see immediately preceeding post), so far for 2014, 12 other gay couples in Jalisco have all seen their requests for marriage licenses denied. All of them are now in the process of seeking legal relief.

 

State authorities said they will marry the couples if and when a court orders them to - which is what happened in the previous case presenting identical issues. In sum, the state seems to be saying "we'll grant same-sex persons civil union status, but if they want to marry, they'll have to sue us first."

 

 

Campeche

 

On 31 March 2014, a same-sex couple in Campeche, seeking to be married, has applied for a license and asked the civil registrar to recognize their relationship as a marriage and not as a civil union, which they said would otherwise denigrate their relationship to the status of a mere "commercial matter."

 

In return, the civil registrar stated he was sticking to the state's current civil code.

 

But the couple refused the conditions of la Ley de Sociedades de Convivencia, claiming it to be nothing more than a mercantile agreement.

 

So, a lawsuit is pending.

 

 

In the meantime, in the 4+ years since same-sex marriage has been legal in the Distrito Federal, over 6000 same-sex marriages have taken place there.

 

Rick

 

 

 

 

 

 

[Rick]

Mexico: Campeche Same-Sex Marriage Ban Unconstitutional

 

Campeche State

 

Several months ago, in a vain attempt to head off same-sex marriage, Campeche state recently approved a hurry-up, separate but semi-parallel, civil union registry for same-sex couples.

 

However, in July 2014, after a same-sex couple rejected the civil union arrangement and had been denied a marriage license, and the case was appealed, Mexico's Supreme Court denied the lesbian couple an injunction, but declared the current Campeche state marriage laws unconstitutional and told the state government that they must modify their Civil Code to allow same-sex marriages.

 

This is the third ruling by Mexico's Supreme Court striking down a state's same-sex marriage ban, first in Oaxaca, then in Baja California, and now in Campeche.

 

After five such rulings by Mexico's Supreme Court, precedent will be set, and same-sex marriage will become legal nation-wide throughout Mexico.

 

However, it was later announced that the couple could marry after a district judge in Campeche granted them an injunction. However, the Campeche state law must still be revised to allow same-sex marriages.

 

 

Nayarit State

 

In July 2014, a gay couple was allowed to hold that state's first gay marriage after a year of legal work.

 

In Nayarit state, on 8 July 2014, a federal judge ruled that that state's same-sex marriage ban is unconstitutional. Quickly thereafter, a gay couple married in the state's capital of Tepic.

 

Nayarit state does not appear to have appealed the court ruling any further, and thus, same-sex marriage should now be legal there.

 

 

Morelos State

 

As already mentioned, a federal court in Morelos state has already ruled in favor of marriage equality in Morelos. That decision has also not been appealed.

 

As a result, in July 2014, a gay couple was granted an injunction, and in September, they will become the first to marry in the state.

 

 

Sonora State

 

In July 2014, a lesbian couple in Sonora state was granted an injunction and announced they will marry by August.

 

 

As best as can be determined, same-sex marriage is now legal in the Distrito Federal (Mexico City), and in the states of Quintana Roo, Oaxaca, Colima, Baja California, Morelos, Guanajuato, Campeche, and Nayarit.

 

In a number of other states, as in the Sonora case immediately above, same-sex couples have been able to obtain a marriage license on a case-by-case basis through the issuance of a judicial injunction.

 

Rick

 

 

 

 

 

[Rick]

Mexico: Same-Sex Marriage Status Up-Date

 

 

Veracruz State

 

In July 2014, a gay couple was granted an injunction after a federal judge deemed the current state law discriminatory. The state government has since discussed making reforms to the Civil Code.

 

It would appear, though, that the Veracruz state government is not intending to appeal this judicial decision to Mexico's Supreme Court, which would mean that same-sex marriage is now legal in Veracruz state.

 

 

Querétaro State

 

In August 2014, an injunction in favor of a lesbian couple was granted, making them the first in Querétaro state to be allowed to marry.

 

 

At this point, three states in Mexico (Oaxaca, Baja California, Campeche) have had their same-sex marriage bans declared unconstitutional by Mexico's Supreme Court. After two more such judicial rulings by Mexico's Supreme Court against two additional states, same-sex marriage will become the law of the land throughout the entire republic.

 

However, a number of states of recent date, like Colima, Morelos, Nayarit, and now, Veracruz have had their bans declared unconstitutional by a lower federal court, but appear to have chosen to not appeal the decision, and are, instead, making plans to reform their Civil Code to comply.

 

In others, like Yucatán, Chihuahua, State of Mexico, Jalisco, Guanajuato, Michoacán, San Luis Potosí­, Sonora, and Querétaro, judges have issued individual injunctive orders (amparos) allowing a single specific same-sex couple to marry without necessarily overturning the underlying same-sex ban, mainly because the Civil Registries in those various states chose not to appeal the orders (amparos).

 

Rick

 

 

 

 

 

[Rick]

Mexico: State of Coahuila Legalizes Same-Sex Marriage

 

Yesterday, 1 September 2014, the state legislature in Coahuila passed a marriage equality bill into law by a vote of 19-3. In addition to the Federal District, Coahuila becomes the second state in Mexico to allow same-sex couples to marry and the first to do so through legislative action.

 

Coahuila was the first state in Mexico to allow same-sex civil unions, having passed that reform on 11 January 2007. It is one of three Mexican states that border the U.S. state of Texas.

 

Coahuila's congress approved changes to the civil code which give same-sex couples the same rights as heterosexual couples, including adoption.

 

In Mexico, laws on same-sex unions fall under state legislation, and a number of them have divergent rules. In 2009, Mexico City became the first entity to legalise same-sex marriage, while the state of Yucatan did the opposite and banned it.

 

Coahuila Congressman Samuel Acevedo said lawmakers had changed the civil code (as translated from Spanish) which defined marriage as a "union between a man and a woman for the purpose of procreation" to "a union between two people with the possibility of procreation or adoption".

 

Acevedo, who had proposed the changes, said he had encountered opposition from conservative groups, including the Catholic Church. Still, the changes are expected to come into force as early as next week.

 

In addition to Mexico City (Federal District), same-sex marriages are also taking place in the southern state of Quintana Roo, where the marriage law does not contain gender-exclusive language. Mexico is comprised of 31 states, plus the Federal District.

 

Of recent date, in many other states in Mexico, same-sex couples are being allowed to be married on a case-by-case basis, by court order, once they have sued and obtained a judicial injunction.

 

In the meantime, three Mexican states have had their same-sex marriage prohibitions declared unconstitutional by Mexico's Supreme Court (Oaxaca, Baja California, and Campeche). Five such declarations are needed to establish nation-wide binding precedent. The current marriage laws of a fourth Mexican state, Colima, are presently under review by Mexico's Supreme Court, as are those from a fifth state, the state of Mexico.

 

Rick

 

 

 

 

 

 

 

 

 

 

[Rick]

Mexico: Up-date on Other States, Other Cases:

 

 

State of Colima:

 

Following a spate of same-sex marriages granted by means of an "amparo" (judicial injunction), on 14 June 2013, Rosa Lilia Vargas Valle, a judge of the Second District Court of Colima State, ruled that the Colima Civil Code, as currently then on the books, was unconstitutional in limiting marriage to opposite-sex couples.

 

Subsequently, on 4 July 2013, the state congress approved an amendment to Article 147 of the state constitution which formalizes same-sex unions. Within 30 days, seven of Colima's ten municipalities had approved these changes to the civil code. However, an appeal to the changes was then filed, and in August 2014, Mexico's Supreme Court agreed to review the matter to determine whether or not Colima's new constitutional amendment is non-discriminatory. It is quite possible that the Supreme Court will approve Colima's changes and that same-sex marriage will go forward in Colima as being entirely legal.

 

 

State of México:

 

On 15 February 2013, four same-sex couples filed documents to marry at the Civil Registry of Toluca, and after their refusal, filed for an "amparo," a judicial injunction. On 24 June 2013, a federal judge granted the injunction, ruling that the Civil Code of the state prohibiting their marriages was discriminatory. However, the state filed an appeal. The appellate Court on Administrative Matters of the Second Circuit in the State, declared itself unable to resolve the dispute, whereupon the matter was escalated to Mexico's Supreme Court where it is presently up for review.

 

The State of México's appeal, still pending, could well prove to be case #4 to be declared unconstitutional by Mexico's Supreme Court.

 

The State of México, whose capital city is Toluca, should not be confused with the Federal District (Mexico City) which already allows same-sex marriage. The State of México immediately abuts the Federal District, primarily to the west and north, and includes a large swath of suburbanized "spill-over" from the Federal District.

 

 

State of Sinaloa:

 

In January 2013, the Family Code of the state of Sinaloa was changed to limit marriage or cohabitation to couples consisting of a man and a woman. Three injunctions were then filed to contest the changes, but two were dismissed. On 12 July 2013, Seventh District Judge Teddy Abraham Torres López, of Los Mochis, granted an injunction, arguing that the Legislature of the state must comply with its obligations of equality and non-discrimination. This case has now been elevated to Mexico's Supreme Court of Justice, and could well prove to be the required case #5 to be declared unconstitutional. If so, it would have national significance, as it would thus cause same-sex marriage to become nationally constitutional and legal throughout all of Mexico.

 

Within the state, 7 gay couples are seeking injunctions against the Civil Registry -- 3 in Culiacán, 2 in Mazatlán, and 2 in Los Mochis.

 

 

State of Guerrero:

 

The first same-sex marriage in the state of Guerrero was held on 5 June 2014 in the town of Teloloapan, witnessed by the mayor, Ignacio Valladares. Valladares approved the couple's request for marriage based upon the Supreme Court of Justice's ruling that prohibiting same-sex marriage is unconstitutional (as per earlier rulings already declared by Mexico's Supreme Court in 3 other Mexican states). However, Guerrero's Civil Code itself does not presently allow for same-sex marriage. Lawyers in the state have declared that the marriage in question was both illegal and void and indicated that the mayor could be prosecuted and an appeal filed with the Supreme Court for not following the injunction procedure.

 

So, this is a potential case that's pending and could easily lead to yet another judgment against yet another state's prohibition (case #6), particularly because the mayor has, in effect, jumped ahead of the judicial process and has already conducted the procedure based on his interpretation of judgments already rendered by Mexico's Supreme Court (much like the Clerk of Court of Boulder County, Colorado, USA).

 

 

State of San Luis Potosí­:

 

In June 2014, a gay couple received news that they had been granted a judicial injunction and would become the first same-sex couple to marry in the state of San Luis Potosí­. However, subsequent to this, in August 2014, the First Official of the Civil Registry filed a counter-injunction to avoid recording the marriage.

 

Thus, with both parties at loggerheads, this case is still pending, and could easily prove to be case #7.

 

 

State of Puebla:

 

A gay couple, married in 2012 in Mexico City, had filed an injunction after the Social Security Institute (IMSS) in Puebla refused to register the partner of one of the men for spousal benefits. On 29 January 2014, in a landmark ruling from Mexico's Supreme Court, the court required the state of Puebla and the Social Security Institute (IMSS) to recognize the marriage. As a direct result, henceforward, any legal same-sex marriage performed in another jurisdiction, whether within Mexico or abroad, must be recognized by each and every state nation-wide.

 

Rick

 

 

 

 

 

[Rick]

Mexico: State of Nuevo León Same-Sex Marriage Court Challenge

 

 

State of Nuevo León

 

In a direct frontal legal challenge, the Constitutional Court of the State of Nuevo León (State Supreme Court) will be holding a hearing on 12 September, 2014, to rule on an "amparo" filed by 50 members of the LGBT community claiming discrimination against their human rights, as currently contained in Articles 147 and 291 of the Civil Code for the State of Nuevo León. The suit is seeking to overturn the present ban on same-sex marriage within the state of Nuevo León and to secure the right to marry.

 

 

State of Tamaulipas

 

Similarly, on 27 June 2014, in another suit seeking to overturn the current ban on same-sex marriage and to secure the right to marry, but within the state of Tamaulipas, an Indirect Collective Amparo challenging the constitutionality of the Civil Code, Articles 124 and 43, of the State of Tamaulipas, was filed in the Nineteenth Circuit Court. The hearing date for this case has not yet been scheduled.

 

 

State of Veracruz

 

In July 2014, a federal judge deemed the current marriage law of the state of Veracruz, specifically Article 75 of the Civil Code, to be discriminatory, and thus, unconstitutional. The case has not yet been appealed to Mexico's Supreme Court.

 

 

State of Hidalgo

 

In yet another frontal legal challenge, on 8 August 2014, a collective injunction for 6 LGBT people was presented to the twenty-ninth circuit of the Third District Court for the state of Hidalgo to contest the constitutionality of Articles 8, 11 and 143 of the Family Code of the state of Hidalgo (which bans same-sex marriage) and secure the right to marry.

 

 

State of Baja California Sur

 

In August 2014, 9 same-sex couples (14 women and 4 men) requested a collective injunction against Articles 330 and 150 of the Baja California Sur Civil Code, which bans same-sex marriage.

 

Note: The state of Bala California occupied the northern half of the enlogated Baja peninsula, and has already had its ban on same-sex marriage ruled unconstitutional by Mexico's Supreme Court. The state of Baja California Sur occupies the southern half of the same peninsula, and is now facing the same legal challenge.

 

Rick

 

 

 

 

 

[Rick]

Summary of Same-sex marriage status in Mexico, at this moment in time, as changes are occurring at a very fast pace:

 

Same-sex marriage is legally performed in the Distrito Federal (Mexico City) and in the states of Quintana Roo and Coahuila. Furthermore, any same-sex marriage performed within any of these three jurisdictions (or abroad, wherever it is legal), must be recognized in any and all the remaining states in Mexico.

 

In addition, same-sex couples have been able to marry in individual cases in 20 additional states within Mexico by their filing for, and being granted through the courts, a judicial injunction (amparo), allowing them to go forward with their marriage, and thus providing them with legal recognition of their union, despite any/all existing laws within the specific state's civil code to the contrary. Such injunctions have been issued (in at least one instance each) in all of the following states, many of very recent date: Aguascalientes, Baja California, Campeche, Chihuahua, Colima, Durango, Guanajuato, Jalisco, State of Mexico, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Querétaro, San Luis Potosí­, Sinaloa, Sonora, Veracruz, and Yucatán.

 

In the state of Guerrero, despite the state's civil code prohibiting it, one same-sex couple was married directly by a town mayor without any judicial injunction having been issued.

 

As a result, there are only 8 remaining states in Mexico which have never yet sanctioned a same-sex marriage, either by law, by judicial injunction, or by direct act: Baja California Sur, Chiapas, Hidalgo, Puebla, Tabasco, Tamaulipas, Tlaxcala, and Zacatecas. The majority of these states are bunched together in a lump immediately to the north and east of Mexico City.

 

Three states (Baja California, Campeche, and Oaxaca) have had their same-sex marriage bans declared unconstitutional by Mexico's Supreme Court. Those of the states of Colima, State of Mexico, and Sinaloa are presently before Mexico's Supreme Court for review. A lower federal court has already declared the current marriage law for the state of Veracruz unconstitutional, and court cases have been filed in the states of Hidalgo, Nuevo León, and Tamaulipas to achieve the same end.

 

Once 5 states have had their bans prohibiting same-sex marriage declared unconstitutional by Mexico's Supreme Court, binding precedent will have been set, and same-sex marriage will become legal nation-wide.

 

Rick

 

 

 

 

 

[Rick]

Mexico: Same-Sex Marriage Law Takes Effect in State of Coahuila

 

On 17 September 2014, gay and lesbian couples began applying for marriage licenses after a law legalizing such unions took effect in the Mexican state of Coahuila.

 

Coahuila, which is bordered by Texas to its north, is the first Mexican state to legislatively allow same-sex couples to marry.

 

On 1 September 2014, an overwhelming majority of lawmakers approved changes to the state's civil code, giving gay and straight couples equal marital rights, including adoption.

 

The changes, proposed by Leftist Congressman Samuel Acevedo, alter the civil code's definition of marriage from a "union between a man and a woman for the purpose of procreation" to "a union between two people with the possibility of procreation or adoption."

 

Coahuila previously recognized same-sex couples with civil unions.

 

Same-sex couples can also marry in Mexico City, where lawmakers approved a marriage law in 2009. Mexico City is a federal district, not a state, much like the District of Columbia. Such unions have also taken place in Quintana Roo, where the state's civil code is gender neutral.

 

Rick

 

 

 

 

 

[Rick]

Mexico: Sinaloa Same-Sex Marriage Ban Declared Unconstitutional

 

State of Sinaloa

 

In January 2013, the Family Code of the state of Sinaloa was changed to limit marriage or cohabitation to couples consisting of one man and one woman. Three injunctions were then filed to contest the changes, but two were dismissed. On 12 July 2013, Seventh District Judge Teddy Abraham Torres López, of Los Mochis, granted an injunction, arguing that the Legislature of the state of Sinaloa must comply with its obligations of equality and non-discrimination. This case was then appealed by the state and was eventually elevated until it reached Mexico's Supreme Court of the Nation.

 

In the interval, within Sinaloa state, 7 additional same-sex couples were seeking injunctions against the Sinaloa Civil Registry -- 3 in Culiacán, 2 in Mazatlán, and 2 in Los Mochis.

 

In response, but somewhat belatedly, on 2 September 2014, Sandra Lara, a deputy to the Sinaloa state legislature, launched an initiative to amend the offending articles 40 and 165 of the Sinaloa Family Code and allow for same-sex marriage within the state.

 

However, just 3 weeks later, on 24 September 2014, Mexico's Supreme Court of the Nation granted the 3 injunctions sought in Culiacán and then declared Articles 40 and 165 of the Sinaloa Civil Code unconstitutional, articles which had limited marriage or cohabitation to couples consisting of one man and one woman.

 

This latest ruling by Mexico's Supreme Court, the fourth such ruling within the past two years striking down a state's same-sex marriage prohibition, thus constitutes the fourth of five requisite rulings necessary before binding national precedent is set and same-sex marriage becomes nationally constitutional and legal throughout all of Mexico.

 

The next case before Mexico's Supreme Court to be declared unconstitutional, of course, would have major national significance, as it would thus cause this binding national precedent to be set.

 

And two additional state cases are already under review before Mexico's Supreme Court:

 

 

State of Colima

 

On 14 June 2013, Judge Rosa Lilia Vargas Valle of the Second District Court of Colima State, ruled that the Colima Civil Code was unconstitutional in limiting marriage to opposite-sex couples.

 

On 4 July 2013, the legislature of Colima state approved an amendment to Article 147 of the state constitution which formalized same-sex civil unions. Within 30 days, seven of Colima's ten municipalities approved the change to the civil code.

 

However, an appeal to the changes was filed, and in August 2014, Mexico's Supreme Court of the Nation agreed to review it. In September 2014, deliberations began at the Supreme Court to determine whether the new Colima Civil Code which provides only "civil unions" for same-sex couples and "marriage" for opposite-sex couples is still discrimination via sexual orientation.

 

 

State of Mexico

 

On 15 February 2013, four same-sex couples filed documents to marry at the Civil Registry of the State of Mexico in Toluca, and after their refusal, filed for an "amparo," or injunction. On 24 June 2013, a federal judge granted their injunction, ruling that the Civil Code of the state of Mexico prohibiting their marriages was discriminatory and thus unconstitutional.

 

However, the state of Mexico filed an appeal. In January 2014, the appellate Court on Administrative Matters of the Second Circuit in the State of Mexico declared itself unable to resolve the dispute, whereupon the matter was escalated to Mexico's Supreme Court, where it is currently pending.

 

Thus far, the four states whose same-sex marriage prohibitions have been declared unconstitutional by Mexico's Supreme Court are: Oaxaca, Baja California, Campeche, and Sinaloa, with Colima and State of Mexico pending.

 

Rick

 

 

 

 

 

[Rick]

Mexico: Nuevo León Same-Sex Marriage Ban Declared Unconstitutional

 

Note: An "amparo" is a court-ordered injunction.

 

Originally, when a same-sex couple in Mexico wished to get married in a state which prohibited same-sex marriage, they would file for an "amparo" which would judicially allow for a singular exception to be made in their specific instance, never mind what the state's civil law code stated on the subject.

 

More recently, because of the legal expense involved, couples have been banding together and filing for collective amparos, successfully making exceptions to the state's civil code for entire groups.

 

 

State of Nuevo León:

 

The State Constitutional Court of Nuevo León held a hearing on 12 September 2014, to rule on a collective "amparo" filed by 50 members of the LGBT community claiming discrimination against their human rights contained in Articles 147 and 291 of the Civil Code for the State of Nuevo León which prohibits same-sex marriage. On 16 October 2014, the Supreme Court for the state of Nuevo León declared these same articles 147 and 219 of the Civil Code of the state unconstitutional, and granted an injunction to 48 applicants for same-sex marriages.

 

In Mexico, this ruling contains a new twist, the first instance whereby a state's own constitutional court has declared its own state same-sex marriage prohibition unconstitutional.

 

 

State of Chihuahua:

 

In July, 2014, a same-sex couple were granted the right to marry in Chihuahua via an injunction, but the judge gave no instructions for reform to the state legislature, the state Civil Registry or to the Governor of the State. Unsatisfied with the scope of the judgment, an appeal was launched on 16 July 2014. On 17 October 2014, the case was elevated to Mexico's Supreme Court and is the first hearing of an equality case from Chihuahua presented to the high court.

 

Mexico's Supreme Court is already considering cases from the states of Colima and México, and now, can add the one from Chihuahua to its list. If any one of these three state's civil code bans on same-sex marriage is declared unconstitutional by mexico's Supreme Court, same-sex marriage will become legal nationwide.

 

 

State of Baja California Sur:

 

In August 2014, 14 women and 4 men requested a collective injunction against Articles 330 and 150 of the Baja California Sur Civil Code, which bans same-sex marriage. On 21 October 2014, the first amparo in Baja California Sur was granted, declaring articles 330 and 150 of the Civil Code unconstitutional, according to the lawyer who represented the couples.

 

 

State of Puebla:

 

Equal Marriage Mexico, The Citizens Observatory of Sexual and Reproductive Rights, and El Taller AC began collecting signatures for a collective injunction in Puebla in early October 2014. On 15 October 2014, this collective injunction for same-sex marriage had been filed by 36 people from throughout the state hoping to gain the right to same-sex marriage and have Article 294 of the Civil Code declared unconstitutional.

 

 

State of Tamaulipas:

 

On 27 June 2014, a collective amparo challenging the constitutionality of Articles 124 and 43 of the Civil Code of the State of Tamaulipas was filed in the Nineteenth Circuit Court. As a direct result, on 1 October 2014, 57 persons were granted the right to marry in Tamaulipas by federal judges in both the Third District Court, based in Nuevo Laredo, and in the Ninth District Court, based in Tampico. The state had 10 days to file an appeal (and chose not to do so). This was the first instance in which an injunction had been sought for individuals rather than couples. Should any of the single parties now wish to marry, their partners will also be covered. It was also announced by the attorneys representing those seeking injunction, that an additional 68 persons had requested a second collective injunction from Tampico. Another 80 persons interested in a collective injunction in Matamoros filed in early October 2014.

 

 

It should be noted, too, that in addition to the state of Coahuila, which has already legalized same-sex marriage, that the states of Tamaulipas, Nuevo León, and Chihuahua run along the northern tier of Mexico and all border on either Texas and/or New Mexico.

 

Rick

 

 

 

 

 

[Littlehorn1]

Since when did we start caring about gay marriage?

[Rick]

Mexico: Chihuahua Same-Sex Marriage Ban Declared Unconstitutional

 

The entire nation of Mexico is now poised on the absolute brink of having same-sex marriage declared legal nationwide. And it's all due to the latest legal developments occuring within the large, sprawling northern Mexican state of Chihuahua, the state situated directly south of New Mexico and El Paso, Texas.

 

There, in July 2014, in response to past legislative inaction on the part of the state congress of the state of Chihuahua in passing the necessary legislation legalizing same-sex marriage, a collective injunction was filed by an activist group of LGBT plaintiffs with the aim of having the offending portions of the Chihuahua state Civil Code declared "unconstitutional."

 

In direct response, on 30 September 2014, state Congress Deputy América Aguilar Gil announced that legislation similar to that which had recently been passed into law on 1 September 2014 in the neighboring state of Coahuila had been introduced into the Chihuahua state Congress. To date, however, this required legislation has still not yet been approved by the Chihuahua legislature.

 

Since then, on 13 November 2014, the collective injunction, #3937-2014, was approved by a lower court in Chihuahua. In the injunction, this court declared the offending Articles 134 and 135 of the Civil Code of the State of Chihuahua unconstitutional. The accompanying order also required reparations (legal fees) to the plaintiff couples, and further required that the Chihuahua state legislature implement legislation for equal marriage.

 

Beginning from September 2013, there have been 7 same-sex marriages legally-performed within the state of Chihuahua, each done by the individual applicant couples first filing for, and then receiving, a court-ordered injunction allowing them to be married on a case-by-case basis (despite the current language contained in the state's Civil Code to the contrary).

 

However, there's still the pending matter of the case of the 6th couple who had applied for an injunction. In July 2014, they were granted the right to marry via such an injunction, but the judge gave absolutely no instructions for reform to the state Congress, to the Civil Registry, nor to the Governor of the State. Unsatisfied with the extremely limited scope of this judgment, an appeal of the decision was begun on 16 July 2014. On 17 October 2014, this case was elevated to Mexico's Supreme Court, and is the first hearing of an equality case from Chihuahua to be presented to the high court.

 

 

So, the entire question as to the legaliztion of same-sex marriage now rests on the point as to which party acts first. If the state Congress of Chihuahua acts first, and passes the (court-ordered) legislation already introduced into the state's legislature, then same-sex marriage will become legal within the state of Chihuahua.

 

Alternatively, if Mexico's Supreme Court acts first in the separate suit from that same state presently before it, and strikes down Chihuahua's ban on same-sex marriage as a result of the high court's decision, then same-sex marriage will become legal within the entire nation of Mexico, as this decision will be fifth, and therefore, the precedent-setting decision rendered by the high court.

 

Either way, same-sex marriage is already a given result within the state of Chihuahua. State legislators there have only this choice: Do they want same-sex marriage for Chihuahua alone, or do they want same-sex marriage for the entire nation?

 

The result will be known quite soon.

 

Rick

 

 

 

 

 

[Rick]

Baja California's First Gay Marriage Blocked by Claim Couple Is Not Sane

 

On Saturday, 10 January 2015, a gay male couple's third attempt to marry in Baja California, Mexico, was not the charm. After more than 21 months of legal wrangling, Victor Aguirre Espinoza, 43, and Fernando Urias Amparo, 37, were set to become the first same-sex couple to marry in Baja California. The men, both hair stylists, have been together more than 10 years.

 

A ruling from Mexico's Supreme Court paved the way for the couple to exchange vows in Mexicali, the state capital, but officials have resisted the ruling. According to "The San Diego Union-Tribune," the couple's homophobic nightmare continued on Saturday, when the men were greeted at City Hall by protesters wearing blue face masks. The building was locked down and a top city official told the men that the wedding had been canceled due to a complaint that the men "suffer from madness."

 

Their accuser was Guadalupe Gonzalez Sanchez, who along with her husband, conducts mandatory pre-marital talks for the city. Ganzalez Sanchez is also the president of the conservative Coalition of Baja California Families. She filed a complaint accusing the men of being "aggressive and impertinent" on Thursday, 8 January 2015, after she refused to certify their attendance. She also claimed that the men attempted to fool her by attending the talk accompanied by a woman.

 

Abraham Medica, a member of the Mexicali City Council, called the delay "nothing more than an excuse. They're just doing this to buy time," he said. "I don't know why they are making these people go through this torment."

 

The couple vowed not to give up trying.

 

Rick

 

 

 

 

 

[Rick]

Mexicali Officials Finally Allow Same-Sex Couple to Marry

 

MEXICALI, Baja California, Mexico - The first same-sex marriage in Baja California was held Saturday, 17 January 2015, in the city of Mexicali after officials ended an 18-month fight that led to a Mexican Supreme Court order to permit the wedding, reports "La Cronica."

 

Attorney Jose Luis Marquez Saavedra said the city let Victor Fernando Urias Amparo and Victor Manuel Aguirre Espinoza marry on Saturday, 17 January 2015, and he expressed satisfaction that their rights had been upheld. The day before, Saavedra had filed a complaint against Mexicali officials after authorities again blocked the marriage last weekend despite the high court ruling. Urias said today he too was satisfied the marriage had finally been allowed to go forward, telling local reporters that the case showed that "when people work together, this works."

 

When Urias and Aguirre first tried to marry in Mexicali in 2013, the local Civil Registry rejected them, saying Mexico's constitution recognizes only unions of opposite-sex couples. They then went all the way to the Supreme Court of Mexico and got an injunction authorizing their marriage. Civil Registry officials rejected their petition again, saying bureaucratic procedures had not been followed. On a third try in November, the registry said the couple had failed to attend mandatory pre-marriage counseling.

 

On 11 January, the couple again returned to city hall for their marriage ceremony and were declined for the fourth time due to a citizen's allegation that the two men "suffer from madness." The accuser was Angelica Guadalupe Gonzalez Sanchez, president of the Coalition of Baja California Families, who, with her husband, facilitates the mandatory pre-marital talks. Saavedra then filed his complaint Friday accusing the mayor, municipal workers and a state employee of failing to fulfill their public duties.

 

Marriages between same-sex couples have been performed in Mexico since 2010, when Mexico City revised its civil code, and a state legislature followed suit last year in the state of Coahuila.

 

Rick

 

 

 

 

 

 

[Rick]

Baja California Same-Sex Marriage Up-Date

 

In the wake of the recent fracas in Mexicali, just days later, on 22 January 2015, a lesbian couple applied to marry without a court injunction at the Civil Registry in Tijuana and were denied. The couple have vowed to fight the denial, and insist that as federal law trumps local law, an injunction (amparo) allowing them to be married on the previous case-by-case basis is now unnecessary since Mexico's Supreme Court has already declared Baja California's current marriage code unconstitutional.

 

From my understanding of Mexican law, this Tijuana couple holds the correct interpretation, as marriage between same-sex couples should now be legal in Baja California (as well as in Oaxaca, Campeche, and Sinaloa).

 

In the Mexicali case, although the couple was finally married on 17 January 2015, lawyers for the couple have filed contempt of court proceedings against the mayor and registrar of Mexicali for failure to carry out the instructions of Mexico's Supreme Court. A hearing will be held before the Appellate Court and could result in these officials losing their positions and/or being disqualified from public office.

 

Rick

 

 

 

 

 

[Rick]

Same-Sex Marriage Up-Date for Mexico

 

Here's a long, accurate article, complete with an up-to-date map of Mexico, explaining the history and rapid progress of same-sex marriage in Mexico:

 

http://www.buzzfeed.com/lesterfeder/mexicos-quiet-marriage-equality-revolution#.brYLbvWBD

 

Latest highlights:

 

In addition to the 3 jurisdictions where same-sex marriage is legal, at least one same-sex couple in 22 of Mexico's 32 jurisdictions, have been able to marry by going through the amparo process, even though the state law prohibits them from marrying. Court cases in 4 more jurisdictions are pending.

 

On 24 February 2015, State of Mexico has been ordered by the Supreme Court of Mexico to change its state marriage code to allow same-sex couples to marry (similar as to what has already been ordered of Oaxaca, Baja California, Campeche, and Sinaloa).

 

The state of Chihuahua has now had 25 successful amparos, each allowing at least one same-sex couple to marry (theoretically, 5 such successful amparos force the state to change its law, while simultaneously suspending the unconstitutional provision). Same-sex marriage now ought to be the law in Chihuahua, and couples should be able to freely marry without going to court. Advocates in Baja California have argued the same point in that state.

 

The Supreme Court for the state of Nuevo Leon has declared their state's prohibition against same-sex marriage unconstitutional.

 

On Monday, 2 March 2015, the Supreme Court for the state of Yucatan will be reviewing that state's prohibition in the same manner.

 

Cases are currently pending before Mexico's Supreme Court from Colima, Jalisco, Chihuahua, and Durango.

 

Rick

 

 

 

 

 

[Rick]

Mexico Same-Sex Marriage Up-Date: Colima

 

Deliberations began in Mexico's Supreme Court in September 2014 to determine whether Colima's new Civil Code which provides only "wedlock" for same-sex couples and "marriage" to opposite-sex couples is discrimination via sexual orientation.

 

On 18 March, 2015, in the Colima appeal, Mexico's Supreme Court declared that "separate but equal treatment is discriminatory" and unconstitutional. The decision also stated that section 201 of the Colima Civil Code which defines gendered roles for men and women is discriminatory and reiterated that adoption open to heterosexual married couples must also be open to homosexual couples.

 

This is now the 6th state same-sex marriage ban to be declared unconstitutional by Mexico's Supreme Court: Oaxaca, Baja California, Campeche, Sinaloa, State of Mexico, and Colima. It is also the first instance where unequal adoption rights have been mentioned as being discriminatory, and thus unconstitutional, as well.

 

Rick