Same-sex marriage in Hidalgo

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Notes
  1. Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage in Hidalgo has been legal since 11 June 2019. A bill for the legalization of same-sex marriages in Hidalgo was approved by the state Congress on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Legal history[]

Same-sex unions in Mexico
  Same-sex marriages performed.*
Stripes: In some municipalities only.
  Civil unions performed; marriage by amparo only.
  Marriage not performed (except by amparo) despite court order.
  Marriage accessible by amparo or by traveling out of state.
*Legislation is not equal in all states. See details.

Civil unions[]

As Mexico City and Coahuila had recently legalized civil unions, a similar measure was proposed in Hidalgo in July 2007.[1] However, it stalled in the state Congress as well as in successive sessions.[2] In October 2013, Congress indicated that there was not sufficient "maturity" in society to accept same-sex marriage and that it would instead consider a conjugal partnership bill.[3] Eventually, no partnership bill was approved by Congress.

Injunctions and court challenges[]

See also: Same-sex marriage in Mexico § México Igualitario Project

The Mexican Supreme Court ruled on 12 June 2015 that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual injunctions (amparo) in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. Specifically, the court ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family." (El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia. in Spanish).[a]

Due to the lack of legislative action, a collective injunction for six same-sex couples was presented to the Third District Court on 8 August 2014 to contest the constitutionality of articles 8, 11 and 143 of the Family Code.[4] Article 8 described marriage as a "social and permanent institution between a man and a woman", and article 143 similarly defined concubinage as "between a man and a woman". Article 11 characterized marriage as an institution whose goal was "perpetuating the species". Almost two years later, in September 2016, the First Chamber of the Mexican Supreme Court declared that the articles violated the Constitution of Mexico, and gave the six couples the right to marry.[5] Another injunction contesting the constitutionality of the three articles was filed in December 2014.[6]

In October 2016, Yolanda Molina Reyes, state coordinator of Equal Marriage Mexico (Matrimonio Igualitario México), said that within the past two years three separate injunctions against the state had been filed, all of which had been successful in the courts. The first same-sex wedding in the state occurred on 8 October 2016.[7]

By August 2017, 8 injunctions had been granted to same-sex couples in Hidalgo.[8]

Legislative action[]

The July 2018 general elections resulted in the National Regeneration Movement (MORENA), whose party platform includes support for same-sex marriage, winning the majority of legislative seats in the Congress of Hidalgo. In October 2018, a same-sex marriage bill was introduced to Congress by Deputy Areli Rubí Miranda Ayala from the Party of the Democratic Revolution (PRD).[9] It was approved on 14 May 2019 in a vote of 18–2 with 8 abstentions.[10] Governor Omar Fayad signed the bill into law on 24 May. It was published in the official state journal on 10 June 2019 and took effect the following day.[11] The law ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, adoption rights, etc.[12] Article 8 of the Family Code now reads as follows:

  • in Spanish: El matrimonio es una institución social y permanente, por la cual se establece la unión jurídica entre dos personas, que, con igualdad de derechos y obligaciones, procuran respeto, igualdad y ayuda mutua, originan el nacimiento y estabilidad de una familia, así como la realización de una comunidad de vida plena y responsable.
  • (Marriage is a social and permanent institution establishing the legal union between two people, who, with equal rights and obligations, seek respect, equality and mutual aid, the birth and stability of a family and the realization of a full and responsible life together.)
Political party[13][14] Members Yes No Abstain Absent
National Regeneration Movement 17 15 1 1
Institutional Revolutionary Party 5 5
National Action Party 3 2 1
Social Encounter Party 2 2
Labor Party 1 1
Party of the Democratic Revolution 1 1
New Alliance Party 1 1
Total 30 18 2 8 2

Marriage statistics[]

The National Institute of Statistics and Geography reported that 71 same-sex marriages were performed in Hidalgo in 2019, representing 0.78% of marriages.[15]

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Hidalgo residents supported same-sex marriage, while 46% were opposed.[16]

According to a 2018 survey by the National Institute of Statistics and Geography, 42% of the Hidalgo public opposed same-sex marriage.[17]

See also[]

Notes[]

  1. ^ Otomi: Ra ñ’o̱ho ne ra be̱hñä rangutho di ge ra hmända. Nuna mädi ra mutsi ne ra te nuya mengu.
    Nahuatl: Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan.

References[]

  1. ^ "Presentan iniciativa de Ley de Sociedades de Convivencia para Hidalgo". desdeabajo.org.mx.
  2. ^ "El Universal – – Hidalgo no legislar bodas gay". eluniversal.com.mx. 19 June 2013.
  3. ^ "Matrimonios gay dependen de "madurez" – Criterio – Hidalgo". criteriohidalgo.com. Archived from the original on 30 August 2014.
  4. ^ Gisselle Acevedo. "Se amparan en Hidalgo para realizar bodas gay". Milenio.
  5. ^ (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas
  6. ^ "Parejas del mismo sexo en Hidalgo presentarán amparo contra ley familiar". Quadratin Hidalgo (in Spanish). 13 December 2014.
  7. ^ (in Spanish) CELEBRAN LA PRIMERA BODA GAY EN HIDALGO
  8. ^ (in Spanish) Planean estrategia a favor del matrimonio gay en Hidalgo
  9. ^ (in Spanish) Buscan aprobar matrimonio igualitario en Hidalgo
  10. ^ "Reconocen matrimonio igualitario". El Universal (in Spanish). 15 May 2019.
  11. ^ "Periódico Oficial Ordinario 0 del 10 de junio de 2019" (in Spanish). Periódico Oficial del Estado de Hidalgo. Retrieved 10 June 2019.
  12. ^ "A partir de hoy Matrimonio Igualitario es oficial". desdeabajo.mx (in Spanish). 10 June 2019.
  13. ^ "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019.
  14. ^ "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019.
  15. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  16. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  17. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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