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The United Mexican States is a federation composed of thirty-one states and a federal district , also known as Mexico City. Although a Federal Civil Code exists, each state has its own code that regulates concubinage and marriage.
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Civil unions and same-sex marriages are not recognized at the federal level. Most states, however, have considered legislation on these issues. In November , Fernado Mayans, Senator for the state of Tabasco and representing the Party of the Democratic Revolution PRD , presented a proposal of changes to the Federal Civil Code in which marriage would be defined as "the free union of two people". A provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it.
This means that if 5 injunctions Spanish : amparo are won in a state, the law has to be changed so that marriage becomes legal for all same-sex couples. It is also important to note that a same-sex marriage performed in any state is valid in all of the other states in Mexico, even if any particular state has no laws that allow it, according to federal law.
Despite the legal requirement for the states to legalize same-sex marriage after 5 amparo rulings, this has often not been followed through. In Chihuahua, prior to the legalization of same-sex marriage there in , almost 20 injunctions were carried out. Several states have simply chosen to ignore or delay the implementation of same-sex marriage, some times even at the cost of fines in Tamaulipas legislators were fined for about days due to their failure to legalize it. On 14 June , the Supreme Court of Justice of the Nation declared it unconstitutional to deny marriage licenses to same-sex couples in all states.
This did not legalize same-sex marriages nationwide, but in turn means that whenever a state government has an injunction taken out by a couple looking to get marital recognition, they will have to grant it and consider legalization when a certain number of injunctions is fulfilled. LGBT activists have since intensified their calls to legalize same-sex marriage at the federal and state levels. In addition, supporters of same-sex marriage can be found in the remaining parties.
The referendum proposal was rejected by the Legislative Assembly on a 36—22 vote on 18 December It also granted same-sex couples the right to adopt children. In February , the Supreme Court rejected constitutional challenges by six states to the Mexico City law. The Federal Attorney General , however, had separately challenged the law as unconstitutional, citing an article in the Constitution of Mexico that refers to "protecting the family". On 11 January , the Congress of the northern state of Coahuila legalized same-sex civil unions by a 20—13 vote under the name pacto civil de solidaridad PCS , giving property and inheritance rights to same-sex couples.
On 11 April , the Party of the Democratic Revolution introduced a measure to legalize civil unions in Campeche. In July , the Congress of Colima approved a constitutional amendment authorizing same-sex couples to legally formalize their unions by entering into marital bonds with the "same rights and obligations with respect to the contracting of civil marriage". It did not legalize adoption and mandated that civil unions be performed with a civil law notary. In December , the Tlaxcala Congress approved a civil union bill, in an vote.
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The bill went into effect on 12 January The status of same-sex marriage in Mexico's states is complex. Currently, Mexico City and 18 of the 31 states legally perform same-sex marriages.
These marriages are recognized nationwide even in states where same-sex couples cannot marry and by various federal departments and organizations. Same-sex marriage legalization has been achieved through different methods:. The Mexican Supreme Court has limited legal power. It cannot legalize same-sex marriage in the entire nation at once.
It can, however, legalize it one state at a time and under specific circumstances, through the so-called "action of unconstitutionality" process. Through this process, the Supreme Court can directly strike down a state law, rendering it unenforceable and void and thus ordering the state to license same-sex marriages.
Actions of unconstitutionality can only be filed within 30 days after the law in question has gone into effect.
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In the case of the five states above, their local congresses modified their marriage laws, but left intact provisions outlawing same-sex marriages. It is likely the state legislatures were unaware they were setting their bans for strike-down. In addition, several municipalities in 3 other states have chosen to perform same-sex marriages, choosing to stop enforcing their states' marriage bans.
A fourth method exists. If officials in a given state repeatedly appeal amparo cases to a federal appeals court and lose five times in a row note that since no court in Mexico is allowed to rule against same-sex marriage , and if the appellate court then forwards the results to the Supreme Court SCJN , the SCJN can then force the state legislature to repeal its ban. It gives the state a deadline by which it must modify its laws, usually 90 or business days. If the state fails to change its laws to allow same-sex marriage by that date, the court will issue a "General Declaration of Unconstitutionality" Spanish : Declaratoria General de Inconstitucionalidad and struck the law down.
In these cases, the amparo is also called a "resolution". However, it is unlikely this process is as effective as the action of unconstitutionality process. For instance, the state of Sinaloa was ordered in May to legalize same-sex marriage within 90 days; it has yet to comply.
LGBT rights in Mexico
On 28 November , the first two same-sex marriages occurred in Quintana Roo after it was discovered that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage, [45] but these marriages were later annulled by the Governor of Quintana Roo in April Mexico's Supreme Court ruled in December that Oaxaca 's marriage law was unconstitutional because it limited the ceremony to a man and a woman with the goal to "perpetuate the species". On 11 February , the Congress of Coahuila approved adoptions by same-sex couples and a bill legalizing same-sex marriages passed on 1 September , making Coahuila the second jurisdiction in Mexico to reform its Civil Code to allow for legal same-sex marriages.
On 12 June , the Governor of Chihuahua announced that his administration would no longer oppose same-sex marriages within the state. The order was effective immediately, thus making Chihuahua the third state to legalize such unions.
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On 25 June , following the Supreme Court's ruling, a civil registrar in Guerrero announced that they had planned a collective same-sex marriage ceremony for 10 July and indicated that there would have to be a change to the law to allow gender-neutral marriage, passed through the state Congress before the official commencement. On 17 December , the Congress of Nayarit approved a bill legalizing same-sex marriage. On 12 May , the Congress of Jalisco officially instructed all the state's municipalities to issue same-sex marriage certificates.
Chiapas' ruling was published on 11 May , but the local Civil Registry had already started issuing same-sex marriage licenses, beginning on 30 October While Aguascalientes' ruling has not yet been published, the state Civil Registry has already begun accepting marriage applications from same-sex couples.
On 3 November , the State Government of Baja California announced it would cease to enforce its same-sex marriage ban, [90] and instructed civil registrars to begin issuing marriage certificates to same-sex couples. Similarly, in the southern state of Oaxaca , the local Civil Registry announced in August that it would accept applications for same-sex marriage licenses from throughout the state. Likewise, a same-sex marriage bill was approved in Baja California Sur on 27 June , and came into force two days later. Same-sex couples are not allowed to adopt in every state in Mexico.
Mexico City legalized same-sex adoptions in March , when its same-sex marriage law took effect. On 11 August , the Mexican Supreme Court ruled, in a decision, that Campeche's ban on same-sex couples adopting children was unconstitutional. Children's rights were cited as the main reason for the Court's decision. The ruling set a constitutional precedent, meaning all bans in Mexico forbidding same-sex couples from adopting are unconstitutional and discriminatory. On 23 September , the Mexican Supreme Court finalized the ruling in the adoption case against Campeche and issued a nationwide jurisprudence which binds all lower court judges to rule in favor of same-sex couples seeking adoption and parental rights.
His statement was echoed by several deputies and government officials.
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In May , in a unanimous ruling, the Mexican Supreme Court ruled that it is unconstitutional to deny a same-sex couple the right to register their children with the Civil Registry. In this particular case, which originated in Aguascalientes , a lesbian couple had applied in to register their newborn child with both the mothers' surnames, which the Civil Registry refused to do. The Supreme Court held that the refusal violated the "fundamental rights of equality and non-discrimination, the right of the identity of minors and the principle of their interest, as well as the right to protection of the organization and development of the family.
The Council is the leading institution for promoting policies and measures contributing to cultural development and social progress in social inclusion and the right to equality , which is the first fundamental right in the Federal Constitution. CONAPRED is also responsible for receiving and resolving grievances and complaints of alleged discriminatory acts committed by private individuals or federal authorities in carrying out their duties.
Technical and management decisions are independent for its resolutions on claims and complaints.
In , the Mexican Constitution was amended to prohibit discrimination on the basis of sexual orientation. Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.
The Mexican Armed Forces ' policy on sexual orientation is ambiguous, leaving homosexual and bisexual soldiers in a "legal limbo". Officially, there is no law or policy preventing homosexuals from serving, and applicants are not questioned on the subject. In practice, however, outed homosexual and bisexual soldiers are subject to severe harassment and are often discharged. One directive, issued in , described actions "contrary to morality or good manners on- and off-duty" Spanish : en contra de la moral o de las buenas costumbres dentro y fuera del servicio [sic] as serious misconduct warranting disciplinary action.
Other references to morality are found throughout military documents, leaving room for interpretation with regards to sexual orientation. Although there is no clear position from current military leadership, several retired generals have agreed that homosexual soldiers were usually removed from service either through an encouraged withdrawal or dishonorable discharge. In , the Mexican Constitutional Court ruled that it is unconstitutional to discharge soldiers for being HIV-positive.
Previously, a law required that HIV-soldiers be discharged from service. On 13 March , amendments to the Mexico City Civil Code to allow transgender people to change their gender and name on their birth certificates took effect. On 13 November , the Legislative Assembly of Mexico City unanimously approved a gender identity law.