Mexico same sex marriages

Legal but little Action

In Mexico, only civil marriages are recognized by the law, and all its proceedings fall under local state legislation.^[1] Same-sex marriages are legally performed in Mexico City and in the state of Quintana Roo but explicitly banned in the state of Yucatán^[2] (although the prohibition is limited to its performance within state boundaries, not its recognition, and it is still being challenged in the Mexican courts).^[3] In addition, same-sex couples have been able to marry in individual cases in Chihuahua, Colima, State of Mexico, Yucatán, and Oaxaca. Same-sex civil unions are legally performed in Mexico City and in the states of Coahuila, Colima.^[2] and Jalisco.^[4] Since August 2010, same-sex marriages performed within Mexico are recognized by the 31 states without exception, and fundamental spousal rights (such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system) also apply to same-sex couples across the country.^[5]

In late November 2009, the leading party at the Legislative Assembly of the Federal District (ALDF), the Party of the Democratic Revolution (PRD), announced that it is fine-tuning an amendment to the Civil Code to legalize same-sex marriage in Mexico City, a project endorsed by the local Head of Government Marcelo Ebrard but strongly opposed by the second largest political force in the country, the right-of-center National Action Party (PAN) and the Roman Catholic Church. The bill found support from over 600 non-governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and Amnesty International (AI). On December 21, 2009, Mexico City became the first Latin American jurisdiction to legalize same-sex marriage. The law became effective on March 4, 2010.^[6]

On August 5, 2010, the Supreme Court voted 8-2 to uphold the constitutionality of Mexico City's same-sex marriage law.^[7] The Court later ruled on August 10, 2010, that Mexico City marriages are valid throughout the entire country.^[8]

On November 28, 2011, the first two same-sex marriages occurred in Quintana Roo after discovering that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage,^[9] but these marriages were later annulled by the governor of Quintana Roo in April 2012.^[10] In May 2012, the Secretary of State of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state.