Same-sex marriage in Michoacán

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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 Michoacán has been legal since 23 June 2016. On 18 May 2016, the state Congress approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.[1]

Michoacán also offers domestic partnerships to same-sex and opposite-sex couples. Legislation to this effect passed Congress in September 2015.

Domestic partnerships[]

In November 2006, it was announced that several civil union bills would be formally proposed in the Congress of Michoacán, but all of them stalled.[2] After same-sex marriage was passed in Mexico City in 2010, the Party of the Democratic Revolution (PRD) announced it would propose bills for same-sex marriage and adoption, along with a "law for coexistence partnerships" to allow same-sex civil unions.[3] A bill was submitted in March 2010 by the Grupo de Facto Diversidad Sexual en Michoacán, which proposed both marriage and cohabitation, but did not mention adoption rights.[4] As with the previous proposals, it stalled.[5]

On 27 August 2015, the Justice and Human Rights Committee approved a new text of the Family Code that maintained the heterosexual definition of marriage but enacted domestic partnerships (Spanish: sociedad de convivencia, pronounced [sosjeˈðað de kombiˈβensja]) for same-sex couples. It was approved unanimously by Congress in a 34–0 vote on 7 September 2015.[6][7] The law was published on 30 September 2015 in the state's official journal.[8] The following month, an action of unconstitutionality (accion de inconstitucionalidad; docketed 107/2015) was filed with the Mexican Supreme Court by the State Human Rights Commission. The Commission argued that providing only partnerships to same-sex couples and marriage to opposite-sex couples was discriminatory and violated Articles 1 and 4 of the Constitution of Mexico.[9] The lawsuit was rendered moot as a result of the state's legalization of same-sex marriage in May 2016. The court voted unanimously to dismiss the challenge on 18 June 2018 for this reason.[10]

Domestic partnerships were previously available to same-sex couples only. Since 23 June 2016, heterosexual couples may enter into domestic partnerships as well.[11]

Same-sex marriage[]

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.

Injunctions and legal challenges[]

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

After 4 years of legal process,[12] a federal court ruled on 5 March 2014 that the state had unfairly discriminated against a lesbian couple, Alejandra Banderas Rosales and Claudia Brizeiry López Ramos, by preventing them from marrying. The court ordered the local civil registrar to perform the marriage.[13] The couple married in Morelia on 12 March 2014, making them the first same-sex couple to marry in Michoacán.[14]

On 6 May 2014, it was announced that a second lesbian couple, Elizabeth Cervantes Guerrero and Cecilia González Villanueva, had obtained an injunction (amparo), and seven more cases were pending.[15] The couple married on 16 May and subsequently on 15 August 2014 filed the registration of their twin children's birth, which had also been approved by an injunction. It was the first registration in the state of a child born to a same-sex couple.[16] Gerardo Herrera Pérez, president of Grupo de Facto Diversidad Sexual en Michoacán, announced that they had collected 100 signatures for a collective injunction in September 2014 and the initiation of the first adoption in the state by a couple who had married in Mexico City.[17][18]

It was announced on 20 June 2015 that a third lesbian couple had obtained an injunction to marry.[19] On 29 June 2015, a spokesperson for the civil registry said they had formalized six same-sex unions in the previous year.[20] On 10 July 2015, a judge from the Seventh District Court ordered the state to accommodate a lesbian couple's injunction. The ruling gave the Governor of Michoacán and the President of Congress until 15 July 2015 to make the arrangements and revise the laws regarding marriage, or face penalties. The attorney leading the injunction told the media that state leaders would be found liable for not vetoing the discriminatory parts of the Family Code in accordance with the judge's order.[21] It was announced on 13 July that Congress would abide by the judge's ruling.[22] When questioned by the media on 14 July, Governor Salvador Jara Guerrero declared that the changes would be applied on 15 July and was quoted as saying "Of course!" to removing the heterosexual definition of marriage in the state's code.[23] On 31 July 2015, it was announced that an additional 19 injunctions to marry had been granted to same-sex couples in Michoacán. In making the announcement, deputies Talía Vázquez Alatorre and Cristina Portillo Ayala regretted that the Congress still had yet to act, but hoped that these further injunctions would emphasize the need for passage of the reforms to the Family Code.[24]

Legislative action[]

Previously, the Family Code prevented same-sex couples from marrying. Article 123 (now known as article 127) defined marriage as the "union of a man and a woman", and article 125 (now repealed) described marriage as an institution whose goal was "perpetuating the species". Numerous state and federal judges had declared these two articles unconstitutional and discriminatory, and granted individual same-sex couples the right to marry. The Supreme Court of Justice of the Nation ruled on 12 June 2015 that bans on same-sex marriage are unconstitutional nationwide under Article 4 of the Constitution of Mexico,[25] which reads: "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]

On 18 May 2016, the Congress of Michoacán approved a same-sex marriage bill by 27 votes to 0 with 8 abstentions. This had followed previous attempts to pass a domestic partnership law instead of a same-sex marriage law as required by a judicial ruling in July 2015.[26][27] The law was published in the state's official journal on 22 June 2016, following Governor Silvano Aureoles Conejo's signature, and came into effect on 23 June. It 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.[28]

Article 127 of the Family Code now reads:[29]

  • in Spanish: El matrimonio es la unión legítima de dos personas para realizar una comunidad de vida permanente, en la que se procuren respeto, igualdad y ayuda mutua.
  • (Marriage is the legal union of two people who establish a permanent life together, in which they seek respect, equality and mutual assistance.)

Statistics[]

The following table shows the number of same-sex marriages performed in Michoacán since legalization in 2016 as reported by the National Institute of Statistics and Geography.[30] Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

Number of marriages performed in Michoacán
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2016 34 21 55 22,648 22,703 0.24%
2017 62 39 101 22,516 22,617 0.45%
2018 86 50 136 20,499 20,635 0.66%
2019 108 70 178 20,966 21,144 0.84%
2020 30 24 54 10,831 10,885 0.50%

The civil registry of Michoacán estimated that 598 same-sex marriages had been performed in Michoacán by the end of 2020.[31]

86 same-sex marriages took place in the state between June 2016 and May 2017. Most of these marriages were performed in Morelia, the state's capital, followed by Uruapan, Zamora, Apatzingán, La Piedad, Lázaro Cárdenas, Pátzcuaro and Puruándiro.[32] The civil registry began training its employees to realise that same-sex marriage is indeed legal in Michoacán as according to some reports several same-sex couples were turned away when applying for marriage licenses.[33]

The first same-sex marriage for a Purépecha same-sex couple was performed in Ihuatzio on 12 February 2022. There was no vocal objection from the inhabitants of the community, and the couple said they "were proud of [their] people, because being in a small community and having large families, where we all know each other, there was not, thank God, a negative response".[34]

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 48% of Michoacán residents supported same-sex marriage; 49% were opposed.[35]

According to a 2018 survey by the National Institute of Statistics and Geography, 46% of the Michoacán public opposed same-sex marriage.[36]

See also[]

Notes[]

  1. ^ Achaatini ka warhiitini mák’u exeasïnti juramúkwa. I kwách’akwati tánkurhikwani ka kw’íripikwa sïrukwichiri. in Purépecha

References[]

  1. ^ Meza Hernández, Miriam (15 July 2015). "Se detienen bodas entre personas del mismo sexo" (in Spanish). Morelia, Mexico: El Sol de Morelia. Retrieved 15 July 2015.
  2. ^ Edgar Raziel Ramirez Avila (15 August 2009). "Sociedad de convivencia en Michoacán" (in Spanish). Cambio en Michoacán. Retrieved 15 December 2009.
  3. ^ Nicolás Casimiro (25 December 2009). "Matrimonios gay y despenalización del aborto, en la agenda del PRD para 2010" (in Spanish). Quadratín. Retrieved 26 December 2009.
  4. ^ Recibe Michoacán propuesta para legalizar bodas gay
  5. ^ Matrimonios gay, tema pendiente en el Congreso en Morelia
  6. ^ Añadirán al Código Familiar del estado la figura de “sociedades de convivencia” Archived 2015-09-03 at archive.today
  7. ^ Aprueban Código Familiar en Michoacán; no incluye matrimonios gay
  8. ^ PERIÓDICO OFICIAL DEL GOBIERNO CONSTITUCIONAL DEL ESTADO DE MICHOACÁN DE OCAMPO
  9. ^ Asunto: Se presenta Demanda de Acción de Inconstitucionalidad, Contra Normas del Código Familiar de Michoacán.
  10. ^ "SENTENCIA dictada por el Tribunal Pleno de la Suprema Corte de Justicia de la Nación en la Acción de Inconstitucionalidad 107/2015 y su acumulada 114/2015 y los Votos Particular formulado por el señor Ministro Jorge Mario Pardo Rebolledo, y Concurrentes formulados por los Ministros Eduardo Medina Mora I. y Luis María Aguilar Morales". Diario Oficial de la Federación (in Spanish). 3 June 2019.
  11. ^ "Michoacán legalizará el Matrimonio Igualitario". Boy4ME. 23 June 2016.
  12. ^ Primera boda del mismo sexo, en Michoacán | Estados
  13. ^ El politico de cordoba - Michoacán tendrá su primer matrimonio gay
  14. ^ Confirman validez constitucional del primer matrimonio gay en Michoacán
  15. ^ En puerta segundo matrimonio entre personas del mismo sexo en Michoacán
  16. ^ (in Spanish) Histórico registro de bebés de pareja homosexual en Michoacán
  17. ^ Preparan amparo colectivo para realizar enlaces nupciales entre personas del mismo sexo
  18. ^ Pareja gay de Michoacán inicia trámites para adoptar a menor
  19. ^ Morales Pérez, Uriel (20 June 2015). "Obtienen otro amparo para otra boda gay en Michoacán" (in Spanish). Morelia, Mexico: Quadratin. Retrieved 22 June 2015.
  20. ^ Juárez, Sarah (29 June 2015). "Tan sólo 6 parejas del mismo sexo han tramitado matrimonios en Michoacán" (in Spanish). Morelia, Michoacán, Mexico: Quadratin. Retrieved 30 June 2015.
  21. ^ "Apercibe jueza al Gobernador y Presidente del Congreso en Michoacán". Quadratín (in Spanish). 10 July 2015.
  22. ^ Cumplirá Legislativo sentencia de amparo dictada por jueza federal
  23. ^ Jara acatará resolución judicial sobre trámite para permitir matrimonio homosexual
  24. ^ Monreal Vázquez, Patricia (31 July 2015). "Prevén arriben a Congreso 19 sentencias más sobre matrimonios igualitarios" (in Spanish). Moralia, Mexico: Cambio de Michoacan. Retrieved 31 July 2015.
  25. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org.
  26. ^ "Mexico: Michoacán becomes 9th state to approve same-sex marriage". The Perchy Bird. 18 May 2016.
  27. ^ "Diputados aprueban matrimonios igualitarios en Michoacán". Provincia. 18 May 2016.
  28. ^ (in Spanish) Ahora sí, Michoacán entre los 8 estados que permiten matrimonios igualitarios
  29. ^ "Código Familiar para el Estado de Michoacán de Ocampo" (PDF). congresomich.gob.mx (in Spanish).
  30. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  31. ^ "Matrimonio igualitario: a 6 años de su aprobación en Michoacán". El Sol de Morelia (in Spanish). 16 May 2021.
  32. ^ (in Spanish) Suman en Michoacán 86 matrimonios entre personas del mismo sexo
  33. ^ (in Spanish) En Michoacán, se sigue negando el matrimonio entre personas del mismo sexo, a pesar de que la ley lo permite desde 2016
  34. ^ "Se celebra en Michoacán el primer matrimonio igualitario purépecha". 24 Horas (in Spanish). 13 February 2022.
  35. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  36. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019.

External links[]

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