Mexican Law says Marriage Equality is a Go

By Dania Vargas Austryjak

New ruling from Supreme Court grants same-sex couples the same marriage rights as straight couples.

June 3rd, 2015 was an important day for gay rights in Mexico, as the Supreme Court issued a generic jurisprudence on marriage equality, stating that it is no longer illegal for same-sex couples to get married in Mexico.

The ruling addressed the very legal definition of marriage: “The law of any federal entity that, on the one hand, considers that the goal of marriage is procreation and/or defines marriage as celebrating the union of a man and a woman is unconstitutional.” In other words, same-sex couples CAN now get married and if any couple is denied this right, they can get a court order from district judges, as they are now obligated to issue them, following this blanket statement.

The Mexican Supreme Court considers the exclusion of these couples from the rights and benefits given to heterosexual couples to be discriminatory.

mexico gay marriage

The path isn’t entirely paved. Local administrative authorities from the civil registry can still deny same-sex marriage, until the law is changed. That being said, if a couple seeks an injunction, district judges are obligated to grant it.This precedent must be set five times per state in order to fully void local marriage code.

This has taken place slowly but steadily which gives reason to hope. The downside is that the process to secure injunctions can be costly, with couples forced to pay more than US $1000 for a lengthy process.

Just 6 years after since same-sex marriage was approved in Mexico City, it is now, at least theoretically, possible for couples to get married by the book in all 31 states of the country. This sets Mexico in the same group as countries such as Argentina, Uruguay and Brazil, which have similar legislation.

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