home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Social Sciences
Africa: Sub-Saharan, Pre-Independence
With reports from hundreds of sub-Saharan African locales of male-male sexual relations and from about fifty of female-female sexual relations, it is clear that same-sex sexual relations existed in traditional African societies, though varying in forms and in the degree of public acceptance
 
Stonewall Riots Stonewall Riots
The confrontations between police and demonstrators at the Stonewall Inn in New York City the weekend of June 27-29, 1969 mark the beginning of the modern glbtq movement for equal rights.
 
Native Americans
A social role for individuals who crossed or mixed male and female characteristics was one of the most widely distributed institutions of native North America.
 
The Sexual Revolution, 1960-1980 The Sexual Revolution, 1960-1980
The sexual revolution of post-World War II America changed sexual and gender roles profoundly.
 
Mixed-Orientation Marriages
Mixed-orientation marriages--those in which one partner is straight and the other is gay or lesbian--often end in divorce, but such an ending is not inevitable.
 
Leather Culture
"Leather" is a blanket term for a large array of sexual preferences, identities, relationship structures, and social organizations loosely tied together by the thread of what is conventionally understood as sadomasochistic sex.
 
Transgender Activism
Since the late nineteenth century, transgendered people have advocated legal and social reforms that would ameliorate the kinds of oppression and discrimination they suffer.
 
Gay Liberation Front
Formed soon after the Stonewall Riots of 1969, the short-lived but influential Gay Liberation Front brought a new militancy to the movement that became known as gay liberation.
 
Topics In the News
 
Marriage Equality Comes to Fourth Mexican State
Posted by: Claude J. Summers on 09/06/13
Last updated on: 09/06/13
 
Bookmark and Share


The seal of the State of Chihuahua.

As a result of a court ruling, Chihuahua has become the fourth Mexcan state to achieve marriage equality. It joins Mexico City, Quintana Roo, and Oaxaca in allowing same-sex couples to marry. Same-sex marriages in these states must be recognized throughout the entire country. The remaining states are expected to be ordered to issue marriage licenses to same-sex couples soon.

Andrew Potts reports at GayStarNews that same-sex couples may now be married through the Civil Registry of Chihuahua after a District Court Judge ruled in favor of a gay couple whose application to marry had been rejected.

The couple, identified as Tony and Tomás by the Spanish-language site ElPueblo.com, had sought to marry on April 30, 2013 but were turned away at the Chihuahua State Civil Registry. In response, they sued. On August 22, District Court Judge José Juan Múzquiz Gomez ordered the registry to allow the couple to marry.

He gave the Chihuahua state government ten days to object to the ruling, which it failed to do. On September 3, State Legal Adviser Mario Trevizo announced that the deadline had passed and that henceforward all eligible same-sex couples would be permitted to marry.

On December 5, 2012, the Supreme Court of Mexico announced a unanimous decision striking down a ban on same-sex marriage in the southern state of Oaxaca. Two and one-half months later, on February 18, 2013, the Court issued the actual opinion, which ringingly affirms the principle of equal protection under the law and cites precedents from both the Supreme Court of the United States and the Inter-American Court of Human Rights.

Writing for a unanimous tribunal, Minister Arturo Zaldívar Lelo de Larrea asserted that "The historical disadvantages that homosexuals have suffered have been well recognized and documented: public harassment, verbal abuse, discrimination in their employment and in access to certain services, in addition to their exclusion from some aspects of public life. In this sense . . . when they are denied access to marriage it creates an analogy with the discrimination that interracial couples suffered in another era. In the celebrated case Loving v. Virginia, the United States Supreme Court argued that 'restricting marriage rights as belonging to one race or another is incompatible with the equal protection clause' under the US constitution. In connection with this analogy, it can be said that the normative power of marriage is worth little if it does grant the possibility to marry the person one chooses."

Zaldívar also noted that it would be contrary to the principles of the 1954 school desegregation case Brown v. Board of Education to restrict same-sex couples to civil unions or domestic partnerships while barring them from marriage.

"It can be said that the [other] models for recognition of same-sex couples, even if the only difference with marriage be the name given to both types of institutions, are inherently discriminatory because they constitute a regime of 'separate but equal.' Like racial segregation, founded on the unacceptable idea of white supremacy, the exclusion of homosexual couples from marriage also is based on prejudice that historically has existed against homosexuals. Their exclusion from the institution of marriage perpetuates the notion that same-sex couples are less worthy of recognition than heterosexuals, offending their dignity as people."

The sweeping nature of the ruling, which effectively changed Oaxaca's civil code to state that marriage takes place "between two people" instead of between "a man and a woman," has led court observers to say that it paves the way to marriage equality throughout the country.

However, the Mexican Supreme Court does not strike down state laws en masse as the United States Supreme Court does. Rather, the ruling in the 2012 case can be used as a binding precedent to challenge the marriage laws in other states, as it has been in Chihuahua. Hence, couples in the remaining states will have to challenge state laws in order to have the right to marry. However, the issue is no longer substantive, but procedural.

It is anticipated that the next state in which same-sex marriage will be permitted is Yucatán, where a District Court recently ordered the state to permit a same-sex couple to marry.

Mexico's steady march toward marriage equality is part of the recent progress toward equal rights in the nation.

In December 2009, Mexico City's legislature passed a bill permitting same-sex marriage. The bill, which defines marriage as "the free uniting of two people," was quickly signed into law by Mayor Marcelo Ebrard. The law permits same-sex couples to adopt children, apply for bank loans together, and be included in the insurance policies of their spouse, as well as the rights that were provided in the domestic partnership law.

The law was bitterly denounced by the Roman Catholic hierarchy and challenged as unconstitutional by Mexico's federal government, but after the nation's highest court refused to intervene to stay the law, the city began issuing marriage licenses to same-sex couples in March 2010.

In August 2010, the Supreme Court affirmed the constitutionality of same-sex marriage in Mexico City. On a 9-2 vote, the Court also ruled that the same-sex marriages performed in Mexico City must be recognized in all 32 Mexican states.

 
Related Encyclopedia Entries
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.