Same-sex marriage in Morelos

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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 Morelos has been legal since 5 July 2016. A bill to amend the state Constitution to legalize same-sex marriage in Morelos passed the state Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 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.

Background[]

Bills to legalize same-sex marriage and adoption by same-sex couples in Morelos were first proposed by the Labor Party (PT) in January 2010.[1] The proposal was opposed by the conservative National Action Party (PAN), and rejected in February 2010.[2] A subsequent proposal was also rejected in March 2013.[3] The Party of the Democratic Revolution (PRD) announced in July 2014 that a vote on a measure to legalize same-sex marriage would occur in September 2014.[4] On 19 September 2014, civil society organizations including the Marcha de la Diversidad Sexual en Morelos launched impeachment procedures against members of the Committee on Constitutional Issues for failure to follow article 54 of the Internal Regulations of Congress. The impeachment proceeding indicated that the same-sex marriage initiative had been in committee for 20 months, but the committee is legally required to submit their recommendations and analysis on initiatives to the full Congress within 60 days.[5][6]

Constitutional reform[]

Map showing how each municipality voted on the 2016 constitutional amendment
  Yes
  No
  Abstain (validated as "Yes")

On 27 July 2015, Governor Graco Ramírez presented an initiative to Congress to permit same-sex marriages.[7][8] Governor Ramírez's proposal was to reform article 120 of the Constitution of Morelos and articles 22, 65 and 68 of the Family Code to bring them into line with the jurisprudence set forth by the Supreme Court of Justice of the Nation on 12 June 2015, when it ruled that bans on same-sex marriage are unconstitutional nationwide under Articles 1 and 4 of the Constitution of Mexico.[9]

On 18 May 2016, the Congress of Morelos voted 20 to 6 to approve the constitutional change to legalize same-sex marriage. Governor Ramírez welcomed the approval of the bill.[10][11] Ratification by at least 17 of the 33 municipalities in the state was required for the constitutional amendment to take effect.[12] The municipalities had until 25 June 2016 to act on the constitutional change.[13] If they did not act by that date, they were regarded as having consented to the amendment (so-called "constructive assent", afirmativa ficta).[14] At the end of the process, a total of 17 municipalities had ratified the constitutional change and 15 had voted against ratification, while 1 municipality was awarded an extra week, although the clear majority being in favor meant that same-sex marriage would become legal in the state.[15][16] The municipalities which voted in favor of the reform were Cuautla, Emiliano Zapata, Huitzilac, Jantetelco, Jiutepec, Puente de Ixtla, Temixco, Tetecala, Tlaquiltenango, Totolapan, Yautepec de Zaragoza and Yecapixtla. Additionally, the municipalities of Axochiapan, Cuernavaca, Mazatepec, Tepalcingo and Tlayacapan did not vote and as such were regarded as having assented to the amendment. The remaining municipalities voted against the change.[17] The law was promulgated and published in the state's official gazette on 4 July 2016.[18] It took effect on 5 July.[19] The state adoption agency clarified that the law allows same-sex couples to adopt jointly; the adoption process is open to all spouses in Morelos.[20]

On 29 August 2016, 17 municipalities filed a constitutional challenge with the Mexican Supreme Court to reverse the same-sex marriage reform. They argued that the Congress of Morelos had "acted illegally" when it validated the reform. Officials in two municipalities (Mazatepec and Tepalcingo) said that their vote was regarded as a "constructive assent", even though they had reportedly voted against.[21] The Supreme Court dismissed the challenge on 8 September 2016.[22]

Article 120 of the Constitution of Morelos now reads:

  • in Spanish: El matrimonio es la unión voluntaria de dos personas, con igualdad de derechos y obligaciones, con el propósito de desarrollar una comunidad de vida y ayudarse mutuamente.
  • (Marriage is the voluntary union of two people, with equal rights and obligations, with the purpose of building a life together and offering mutual assistance.)
Political party Members Yes No Abstain Absent
Party of the Democratic Revolution 8 8
Institutional Revolutionary Party 6 4 2
National Action Party 5 5
New Alliance Party 3 2 1
PVE Party (Mexico).svg Ecologist Green Party 2 1 1
Labor Party 1 1
Citizens' Movement 1 1
National Regeneration Movement 1 1
Social Democratic Party 1 1
Social Encounter Party 1 1
Humanist Party 1 1
Total 30 20 6 0 4

Injunctions[]

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

On 28 August 2013, a same-sex couple, José Ricardo Almanza Luna and Heriberto Álvarez López, filed an injunction (amparo) in court seeking the right to marry.[23] In January 2014, the injunction was granted by a judge of the Second District Court, who ordered the civil registry of Xochitepec to process the marriage application. The couple married on 17 May 2014.[24]

In January 2014, another same-sex couple began the process and in July were granted an injunction to marry.[25] An appeal was launched, but after losing the appeal,[26] the registrar performed the marriage ceremony in the town of Ciudad Ayala on 6 September 2014.[27] Marquez Edgar Ortega, director of Atención a la Diversidad Sexual, announced at the wedding that six more injunctions had been requested in Morelos.[28] On 29 October 2014, a lesbian couple from Cuernavaca were granted the right to divorce, after a court recognized their marriage.[29][30]

Marriage statistics[]

The following table shows the number of same-sex marriages performed in Morelos since legalization in 2016 as reported by the National Institute of Statistics and Geography.[31]

Number of marriages performed in Morelos
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2016 20 22 42 8,113 8,155 0.52%
2017 35 38 73 8,132 8,205 0.89%
2018 90 54 144 7,691 7,835 1.84%
2019 74 47 121 7,211 7,332 1.65%
2020 76 47 123 5,929 6,052 2.03%

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Morelos residents supported same-sex marriage, while 45% were opposed.[32]

According to a 2018 survey by the National Institute of Statistics and Geography, 38.5% of the Morelos public opposed same-sex marriage.[33]

See also[]

References[]

  1. ^ José Luis Garcitapia & Dulce Maya (22 January 2010). "Iniciativa del PT a favor de los matrimonios gay" (in Spanish). La Jornada Morelos. Archived from the original on 29 January 2010. Retrieved 23 January 2010.
  2. ^ "Los gobiernos de Jalisco y Morelos se unen contra los matrimonios gay". cnn.com. 16 February 2010. Archived from the original on 27 August 2014.
  3. ^ "Por el "orden natural", PAN rechaza matrimonio igualitario en Morelos". SDPnoticias.com.
  4. ^ "Retomarán el tema del matrimonio igualitario en Morelos". 2014-07-21. Archived from the original on 2014-12-21. Retrieved 2015-10-19.
  5. ^ "Demandan juicio político contra la Comisión de Puntos Constitucionales". oem.com.mx.
  6. ^ Ana Lilia Mata. "Piden juicio político para diputados por no apoyar matrimonio gay". Archived from the original on 2014-10-01. Retrieved 2015-10-19.
  7. ^ "Gobernador de Morelos presenta "Ley para Matrimonios Igualitarios" ante el Congreso" (in Spanish). Mexico: SDP Noticias. 27 July 2015. Retrieved 28 July 2015.
  8. ^ "Tras resolución de la Corte, gobernador de Morelos presenta ley a favor del matrimonio igualitario" (in Spanish). Mexico: Animal Político. 27 July 2015. Retrieved 28 July 2015.
  9. ^ "Firman iniciativa para matrimonios igualitarios en Morelos" (in Spanish). Morelos, Mexico: La Unión. 27 July 2015. Retrieved 28 July 2015.
  10. ^ Aprueba Morelos matrimonio igualitario
  11. ^ Mexico: Morelos Approves Same-Sex Marriage Bill
  12. ^ NTCD (July 2016). "Firma Graco Ramirez reforma constitucional de matrimonio entre personas del mismo sexo". . Morelos takes a fundamental step in the construction of a society of rights
  13. ^ “Cuau” suspende cabildo por protesta contra matrimonio igualitario
  14. ^ "Pide Edwin Brito a cabildos votar sin prejuicios sobre matrimonio igualitario". La Unión de Morelos. 4 June 2016.
  15. ^ Emite Congreso declaratoria de validez de reforma constitucional que permitirá el matrimonio igualitario en Morelos
  16. ^ "Anuncian diputados que municipios aprobaron matrimonio igualitario en Morelos". Zona Centro Noticias. 28 June 2016. Archived from the original on 28 June 2016.
  17. ^ Congreso de Morelos emite declaratoria que valida matrimonios gay
  18. ^ (in Spanish) Morelos promulga Matrimonio Igualitario
  19. ^ (in Spanish) PERIÓDICO OFICIAL “TIERRA Y LIBERTAD” 04 de julio de 2016
  20. ^ (in Spanish) Abren adopciones a matrimonios gay
  21. ^ Municipios van contra matrimonios igualitarios
  22. ^ Suprema Corte SCJN avala la Ley del ICTSGEM y el matrimonio igualitario
  23. ^ El Regional del Sur. "El Regional". elregional.com.mx.
  24. ^ "Noticias - Primera boda gay en Xochi - Diario de Morelos". Diario de Morelos.
  25. ^ "Sí habrá boda gay en Ayala". Diario De Morelos. 16 July 2014.
  26. ^ Job Olivares Estrada. "El sábado, la primera boda entre personas del mismo sexo en la región oriente". Archived from the original on 2014-09-03. Retrieved 2015-10-19.
  27. ^ Tlaulli Rocio Preciado Bahena. "Hoy, la primera boda por el civil entre hombres en Morelos". Archived from the original on 2014-09-06. Retrieved 2015-10-19.
  28. ^ "Se casan dos hombres, tras ganar un amparo en Morelos". zocalo.com.mx.
  29. ^ "Pareja del mismo sexo se casa en Cuernavaca bajo amparo". aztecanoticias.com.mx.
  30. ^ Avala Barud que se legisle sobre los matrimonios gay
  31. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  32. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  33. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019.
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