Tuesday, December 3, 2019

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

Last update: Sept. 3, 2019

Mexico can only get marriage equality state by state.

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

Seventeen states and Mexico City have marriage equality, and one other state is almost there.

Ten states — Baja California Sur, Campeche, Coahuila, Colima, Hidalgo, Michoacán, Morelos, Nayarit, Oaxaca and San Luis Potosí — and Mexico City passed marriage equality legislatively.

Five states — Aguascalientes, Chiapas, Jalisco, Nuevo León and Puebla — had their bans on marriage equality terminated by the Supreme Court of Justice of the Nation.

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

One state — Chihuahua — is not enforcing its ban by administrative fiat.

And one state — Baja California — has established a minor extra bureaucratic process, that is not required of straight couples, that lets same-sex couples marry without having to go to federal court and get a personalized injunction (amparo).

In the other 13 states, same-sex couples can marry if they go to a federal judge and get an 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 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 13 states without marriage equality are Durango, Guanajuato, Guerrero, México (there's a state named México), Querétaro, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán and Zacatecas.

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