Same-sex marriage in Jalisco

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
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Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*, BAT
· GI, GG*, IM, PN
United States:
· United States proper
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· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Same-sex marriage is legal in the Mexican state of Jalisco. Same-sex couples have been eligible to receive marriage licenses in all parts of the state since 12 May 2016.[1] Civil unions for same-sex couples have also been legal in the state since 1 January 2014 following approval of an Act allowing such unions by Congress in October 2013.[2][3]

History

Civil unions

In April 2013, deputies of the Party of the Democratic Revolution (PRD), Institutional Revolutionary Party (PRI), Ecologist Green Party of Mexico (PVEM), Citizens' Movement (MC) and an independent deputy presented the Free Coexistence Act (Ley de Libre Convivencia).[4] In it is 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.[4][5] On 31 October 2013, the Congress of Jalisco approved the Act in a 20-15 vote,[2] one abstained and three were absent.[5] The law took effect on 1 January 2014.[3]

Political party Members Yes No Abstain Absent
Institutional Revolutionary Party 17 15 1 1
National Action Party 13 11 2
Party of the Democratic Revolution 2 2
Ecologist Green Party of Mexico 1 1
Citizens' Movement 5 1 3 1
Independent 1 1
Total 39 20 15 1 3

Marriage

A female same-sex couple was able to become the first same-sex couple to marry in the state on 14 December 2013.[6] In December 2013, 12 couples of the same sex—eight women and four men—filed an injunction after each of their requests for a marriage license were denied. The injunction was granted on 12 June 2014 and became the 2nd ruling invalidating the Civil Code of Jalisco.[7] In January 2014, a male couple went to the Civil Registry in Guadalajara and were denied a marriage license based on Article 258 of the State Civil Code, which limits marriage to one man and one woman. They filed for an injunction in the Fourth District Court.[8] On 8 January 2015 because the municipal government of Guadalajara challenged the right to an injunction, the case was elevated to the Supreme Court of the Nation.[9]

State recognition of same-sex relationships in Mexico.
  Marriage at the state level
  Other type of partnership, with at least one court order supporting marriage as well
  5+ court orders supporting marriage, requiring legalization by the state government
  1–4 court orders supporting individual marriage
  No court orders, but marriage performed in other states recognized under federal law (applies to all states

The couple received an injunction, but still contested the constitutionality of Jalisco's Civil Code.[10] The SCJN announced on 15 April 2015 that it would review article 258 of the State Civil Code which describes marriage as "An institution of public character and social interest, through which a man and a woman decide to share a state of life in search of personal fulfillment and the foundation of a family".[11] On 24 March 2014, ten same-sex couples, went to the registry office in Guadalajara[12][13] and were each denied their request for a marriage license. With the support of CLADEM they filed for an injunction.[14]

In June 2014, PRI congressman Héctor Pizano Ramos introduced legislation to amend the Civil Code of Jalisco and legalize same-sex marriage.[15] After a national ruling from the SCJN labeling all bans and heterosexual definitions of marriage unconstitutional on 3 June 2015, it was announced on 17 June 2015 that Jalisco would begin work on amending the Civil Code after the ruling's official publication in the judicial gazette.[16] On 26 November 2015, the First Chamber of the Mexican Supreme Court of Justice declared an article of the Jalisco Civil Code, which prevented same-sex marriage, unconstitutional.[17] The issue was then sent to the plenary who held the first hearing on 21 January 2016.

On 26 January 2016, the full Mexican Supreme Court voted unanimously to declare the Civil Code unconstitutional for limiting marriage to heterosexual couples. Since at least 8 of the 11 Justices ruled in favor of same-sex couples, the articles mentioned in Jalisco's Civil Code will be struck once the ruling is published in the judicial gazette and a new gender-neutral text from the Court will override the existing text upon publication in Jalisco's state gazette and the Federal gazette. Following all three publications, Civil Registries in the state will be ordered to marry all couples.[18][19] In the meantime, the mayors of Guadalajara, Tlaquepaque and Zapopan ordered the civil registries in their jurisdictions to start marrying same-sex couples.[20]

In March 2016, Puerto Vallarta's Civil Registry told the media that the Jalisco State Civil Registry Directory changed all marriage licenses to gender-neutral on 22 March 2016 and that couples can already begin receiving them.[21] The mayor of Puerto Vallarta officiated the weddings of two same-sex couples on 20 April 2016, which were the first same-sex marriages recorded in the resort city.[22]

On 21 April 2016, the Supreme Court ruling was printed in the Official Diary of the Mexican Federation.[23]

On 12 May 2016, the Congress of Jalisco complied with the Mexican Supreme Court ruling by amending Articles 258, 260 and 267 of the Civil Code in order for same-sex marriages to be fully legal and performed in all of Jalisco's municipalities.[24] According to a local LGBT group, four municipalities are known to have refused to marry at least one same-sex couple following the Supreme Court ruling in January 2016 (La Barca, Ocotlán, Santa María de los Ángeles and Tepatitlán).[25] LGBT activists also asked Congress to legalize adoption for same-sex couples as did members of the Party of the Democratic Revolution. Rocio Corona Nakamura, a member of Congress for the Institutional Revolutionary Party, announced adoptions should be discussed at another time. The municipality of Guadalajara has already received five applications of adoption by same-sex couples.[25]

See also

References

  1. ↑ (Spanish)
  2. 1 2 "Jalisco, cuna de charros y tequila, da primer paso hacia el matrimonio gay" (in Spanish). CNN México. 1 November 2013.
  3. 1 2 Same sex civil unions now approved in Jalisco - but they won't be called marriage
  4. 1 2 "Jalisco aprueba ley para uniones gay... pero recortada". Animal Político. Elephant Publishing, LLC. 31 October 2013. Retrieved 2 November 2013.
  5. 1 2 "Acuerdo PRD-PRI, clave para aprobar Libre Convivencia" (in Spanish). El Informador. 1 November 2013. Retrieved 2 November 2013.
  6. ↑ TolucaGarcia, Michelle (15 December 2013). "Lesbian Couple First to Marry in Mexican State". Advocate.com. Retrieved 7 January 2014.
  7. ↑ "Otra pareja gay obtiene amparo federal para contraer matrimonio". jornadajal.com.mx.
  8. ↑ UNIÓN JALISCO, Redes de Información y Educación del Siglo XXI de EL UNIVERSAL y UNO TV. "Pareja de hombres busca segundo matrimonio civil en Jalisco". unionjalisco.mx.
  9. ↑ Maricarmen Rello. "Con amparo, buscan matrimonio parejas del mismo sexo". Milenio.
  10. ↑ "Logran matrimonio gay en Jalisco y van contra código civil". Noticias de Chihuahua – Entrelineas.
  11. ↑ "A revisión, definición del matrimonio en Jalisco". EL INFORMADOR.
  12. ↑ "Video: Luchan por matrimonio gay en México". telemundo40.com.
  13. ↑ "Cladem: ayuntamiento de Guadalajara negó casar a 10 parejas del mismo sexo, pese al precedente legal". jornadajal.com.mx.
  14. ↑ Parejas lésbico-gay inician lucha jurídica para casarse
  15. ↑ "Buscan avalar matrimonios gay en Jalisco". elsiglodetorreon.com.mx.
  16. ↑ "Casi listo Jalisco para los matrimonios entre personas del mismo sexo". Proyecto Diez.
  17. ↑ "Mexican top court rules in favor of gay marriage". La Prensa. 27 November 2015.
  18. ↑ Inconstitucional, prohibir matrimonio gay en Jalisco: SCJN
  19. ↑ MEXICO: Same-Sex Marriage Legalized In Jalisco State After Unanimous Ruling By Supreme Court
  20. ↑ (Spanish) Jalisco: Ordenan a registros no negar trámites a gays
  21. ↑ (Spanish) YA HAY ACTAS MATRIMONIALES PARA PERSONAS DEL MISMO SEXO EN PUERTO VALLARTA
  22. ↑ "First same-sex couples married in Puerto Vallarta". Puerto Vallarta Daily News. 20 April 2016.
  23. ↑ ACCIÓN DE INCONSTITUCIONALIDAD 28/2015
  24. ↑ (Spanish) Quieren gays adopter
  25. 1 2 "Exhortan a Ejecutivo a cumplir con matrimonios gays" (in Spanish). El Informador. 12 May 2016.
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