Same-sex marriage effectively legalised in Mexico

Same-sex marriage effectively legalised in Mexico

The Mexican Supreme Court has ruled that all 31 Mexican states must recognise same-sex marriages performed in the Federal District of Mexico City — effectively putting marriage equality in reach of any Mexican couple with a car or the bus fare.

Same-sex couples have been able to marry in Mexico City since March, but until now there was no recognition of their relationships beyond the district’s borders.

The result came out of an unsuccessful challenge to the law by Mexico’s ruling National Action Party that controls the country’s federal government.

The National Action Party had hoped to have the law deemed unconstitutional, but instead Supreme Court judges confirmed the law’s legality and on August 10 made the ruling concerning the states.

“What’s going to happen to a same-sex couple … when they cross the border?” Justice Arturo Zaldivar said, explaining the concerns that led to the ruling.

“Does this marriage disappear? They go on vacation and they’re no longer married?”

It is uncertain how the ruling will be applied in practice, however, it is likely that spousal rights deemed fundamental under Mexican law such as inheritance rights, alimony payment, and partner coverage under the federal social security system will now be available to married same-sex couples.

The court is yet to rule on adoption rights for same-sex couples, which the federal government is also challenging.

In related news, attempts to have civil unions for same-sex couples put to a popular referendum in Costa Rica, rather than being voted on by parliamentarians, have been thwarted.

“Minority rights that are derived from claims against the majority cannot be subject to a referendum process where majorities are needed,” the Costa Rican Supreme Court found.
“People who have relationships with individuals of the same sex form a group that is subject to disadvantages and discrimination, and require the support of public authorities to obtain their rights.”

The civil unions bill will be voted on in the Costa Rican parliament in December.

Uruguay, Colombia and Ecuador already have civil unions for same-sex couples, while Argentina legalised same-sex marriage last month.

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10 responses to “Same-sex marriage effectively legalised in Mexico”

  1. We’re Behind Mexico & Slovenia? (clutches pearls) What’s happened to our Out&Proud Gay Community? All this harks back to my continual bleating about the word ‘marriage’.
    Love from Hell xoxoxo

  2. Fantastic news from California again!!!!

    The US state of Maine almost had same sex marriage – but before the law came into effect last year the “Christian Taliban” got enough signatures for a so-called PEOPLES VETO to repeal the same sex marriage law!!!!!

    Actually midnight Denmark has “registered partnerships” since 1989 the first in the world mind you – not civil unions. Civil unions were invented in the US state of Vermont in 2000.

    10 nations on earth have same sex marriage in 2010!

    I know both Luxembourg and Slovenia will be next to legalize same sex marriage in 2011, followed by Finland and Uruguay by 2012. Nepal has to draft its new constitution before allowing same sex marriage after a Supreme Court case there back in 2008.

    The UK, Australia, Denmark, Germany, Switzerland, Czech Republic, France and the whole of the US still do not have same sex marriage – despite in all of these so called “Christian countries” support for same sex marriage is above 50 percent.

    And for the first time ever!!! – a majority [52 percent] of Americans SUPPORT same sex marriage from a CNN news poll;


    Remember here in Australia and in the UK, support for same sex marriage is 60 percent!!!!!

  3. @Jimontrack, The difference between a Marriage and a Civil Union, is that Marriage typically has more Rights and benefits compared to Civil Unions. A civil union is a legally recognized union similar to marriage. Civil unions can often come under other terms such as registered partnership and civil partnership. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights, benefits, and responsibilities similar (in some countries, identical) to opposite-sex civil marriage. In some jurisdictions, such as Quebec, New Zealand, and Uruguay, civil unions are also open to opposite-sex couples.

    A Canadian same-sex marriage is a British Civil Union, because in Britain, a civil union has the same rights as a marriage, but for same-sex couples, though in other nations a civil union might have less rights which is typical in the U.S.

    The reason for Civil Unions come under the similar racist ideology that existed in America, “Separate but Equal”. It keeps same-sex and opposite-sex couples separate but tries to give them the same rights, but it’s a homophobic ideology because it enforces the idea that same-sex people are different

  4. Maybe Australia needs some “think outside the square” approach too.
    It seems that in Australia there is fear (from polititians) around the word marriage (even just civil marriage in a govt registry office that they have banned us from). So… maybe we should try something like Mexico- get the “word” marriage up & running at least SOMEWHERE withIN Australia, then watch the uproar turn to acceptance, then see the gay-berlin wall around Australia crumble. This of course would mean at step-change approach using state-based marriage- as long as it uses the word marriage, it will be effective. If the federal govt does not want anything to do with gay registers (even the most basic registers they are deferring to the states), then that’s a green light for a renegade state to implement state based same sex marriage.
    Step 1- Start state-based same sex marriage
    Step 2- Agitate for other states to recognise those marriages even if they don’t perform SSM themselves (this is the step Mexico is now up to)
    Step 3- Everyone used to marriages being performed in Australia… the sky doesn’t fall in…. and the 2004 Marriage Ban reversed (our pre-2004 marriage act already could be used to basically to recognise same sex couples with a court ruling- that’s why the huge rush in 2004 to ban it)

  5. Fantastic news!

    I have noticed a lot of the hetrosexual media starting to run with Same-Sex Marriage and hold the blow torch to politicians.

    It is becomming much harder to keep the discrimination.

  6. Only Argentina has legalised same-sex marriage, all the others have legalised same-sex civil unionships.

    Is there a difference in these terms?

    The irony is this question is the most passionate area of the debate between both Pro-Gay and most of the Homo-conservatives.

  7. God… Australia is so homophobic compared to other parts of the world. It makes me angry. There’s a rally this Saturday the 14th, 1pm at the State Library. Be There!

    Congratulations Mexico!

  8. I am glad to see that the conversation regarding GLBTQI rights is moving in the right direction and gaining solid visibility globally.
    The tenacity of the groups driving the agenda is to be commended and provides a great example to us all. I am impressed with their approach in light of the deep traditions of their cultures. Collaboration of groups with one cohesive voice builds for a solid platform from which they are growing.
    I think there is a lesson in that for many.