Sunday, April 10, 2022

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

Last update: April 10, 2022

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-five states and Mexico City have marriage equality.

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

Three states — Aguascalientes, Chiapas 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.

Two states — Chihuahua and Guanajuato — currently are not enforcing their bans by administrative fiat. They also need to pass legislation.

And one state — Quintana Roo — decided its laws never prevented marriage equality in the first place, which may be sufficient.

In the other six 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 six states without full marriage equality are Durango, Guerrero, México (there's a state named México), Tabasco, Tamaulipas and Veracruz.

Ultimately, all states need to put marriage equality in their lawbooks because of the 2015 jurisprudence ruling, and there are 11 (or possibly 12, depending on Quintana Roo) that have not done so.

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