Thursday, September 23, 2021

Where Mexico Stands Right Now on Marriage Equality (lite version)

Last update: Sept. 23, 2021

Mexico can only get marriage equality state by state (unless the federal constitution is amended).

There are 31 states and Mexico City, the federal capital.

Twenty-three states and Mexico City have marriage equality.

Seventeen states — Baja California, Baja California Sur, Campeche, Coahuila, Colima, Hidalgo, Michoacán, Morelos, Nayarit, Oaxaca, Puebla, Querétaro, San Luis Potosí, Sinaloa, Sonora, Tlaxcala and Yucatán — and Mexico City passed marriage equality legislatively.

Four states — Aguascalientes, Chiapas, Jalisco and Nuevo León — have marriage equality because their bans were terminated by the Supreme Court of Justice of the Nation. They still need to pass legislation to bring their laws into accord with the court's rulings, but marriage equality is in place now.

One state — Quintana Roo — decided its laws never prevented marriage equality in the first place.

And one state — Chihuahua — currently is not enforcing its ban by administrative fiat.

In the other eight states, same-sex couples can marry only if they go to a federal judge and get an injunction (amparo), a path that is both time-consuming and requires paying a lawyer for help. The judge cannot refuse the amparo.

The requirement on judges resulted from a 2015 jurisprudence ruling by the Supreme Court that declared all bans on marriage equality unconstitutional.

The court, however, has no power to end all states' bans simultaneously, and can only force individual states' bans out of existence in specific situations.

The eight states without full marriage equality are Durango, Guanajuato, Guerrero, México (there's a state named México), Tabasco, Tamaulipas, Veracruz and Zacatecas.

Ultimately, all states need to put marriage equality in their lawbooks because of the 2015 jurisprudence ruling, and there are 14 that have not done so.

For more detail and all links, see my article Mexico's Wild Ride to Marriage Equality.