Same-sex marriage in Nuevo León

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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 is legal in the Mexican state of Nuevo León,[1][2] following a ruling by the Supreme Court of Justice of the Nation (SCJN) on 19 February 2019 striking down the state's ban on same-sex marriage as a violation of the Constitution of Mexico.[3][4][5]

By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Nuevo León, almost 20 individual injunctions (amparo) were decided with the same outcome, yet the state did not act. In February 2019, the SCJN issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable. The ruling came into effect on 31 May 2019 upon publication in the Official Journal of the Federation.

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.

Legislative action[]

On 17 June 2015, the New Alliance Party announced its intention to introduce a same-sex marriage bill to the Congress of Nuevo León. The bill was presented on 22 June by Deputy María Dolores Leal Cantú. An independent congressman subsequently announced his intention to submit his own civil union proposal with the support of the ruling National Action Party (PAN).[6] Legislators announced the marriage bill would be voted on sometime in September 2016,[7] but this did not happen.

In November 2017, after LGBT groups organized a protest march in favor of same-sex marriage in front of the Congress building, the state's PAN leader reiterated the party's opposition to same-sex marriage and announced it would continue to block consideration and debate on the marriage bill.[8]

Injunctions[]

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

A decision of the Mexican Supreme Court on 12 June 2015 resulted in a ruling which found that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, meaning same-sex couples denied the right to wed 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.

In September 2013, a federal judge ordered the Civil Registry to register the marriage of a lesbian couple.[9] Governor Rodrigo Medina de la Cruz said his administration would abide by the order, but only for that specific case.[10]

In June 2014, it was reported that nine injunctions had been filed in the state, but only one had been resolved.[11] By October 2018, 17 injunctions had been granted in the state.[12]

Oral arguments were heard in court in September 2014 concerning a collective injunction filed by 50 gay and lesbian people contesting the constitutionality of articles 147 and 291bis of the Civil Code. Article 147 described marriage as "the legal union of a man and a woman" and article 291bis similarly defined concubinage as "between a man and a woman".[13] On 16 October 2014, the Supreme Court declared the two articles unconstitutional and gave the 50 people in question the right to marry their partner.[14] Another collective injunction, this time involving 38 people, was approved by the First Chamber of the Supreme Court on 28 September 2016,[15] and another, involving 118 people, was granted by the First Chamber of the Supreme Court on 19 October 2017.[16]

On 17 February 2016, the First Chamber of the Supreme Court ordered the Governor of Nuevo León, Jaime Rodríguez Calderón, to recognize cohabitation between same-sex couples.[17]

On 9 October 2018, the Mexican Supreme Court ruled that Nuevo León's Civil Code was unconstitutional and discriminatory in limiting marriage to different-sex couples. The court ordered the state Congress to change the law within 180 business days (i.e. 16 April 2019). However, in February 2019 prior to that deadline, the Supreme Court ruled in an action of unconstitutionality against the state (see below), legalizing same-sex marriage in Nuevo León.[12]

Action of unconstitutionality[]

The Mexican Supreme Court (building pictured) invalidated Nuevo León's same-sex marriage ban in 2019, allowing for such marriages to be performed in the state.

In February 2018, the National Human Rights Commission filed an action of unconstitutionality (acción de inconstitucionalidad; docketed 29/2018) against the state of Nuevo León, contesting the constitutionality of articles 140, 147 and 148 of the Civil Code. The Congress of Nuevo León had recently amended state family law but while doing so did not repeal the state's ban on same-sex marriage. The Commission took this opportunity to file the action of unconstitutionality. Article 147 described marriage as "the legal union of a man and a woman", and articles 140 and 148 required "the man and the woman" to be at least 18 years of age.[18] This lawsuit sought to fully legalize same-sex marriage in Nuevo León, similarly to what had happened in the states of Chiapas (in case 32/2016), Puebla (in case 29/2016) and Jalisco (in case 28/2015).

On 19 February 2019, the Supreme Court of Justice of the Nation ruled unanimously in a 10–0 vote that the articles of the Civil Code limiting marriage to opposite-sex couples were unconstitutional and void as they violated Articles 1 and 4 of the Constitution of Mexico, legalizing same-sex marriage in the state of Nuevo León.[3][19][20] Governor Jaime Rodríguez Calderón expressed his personal opposition to the ruling,[21] and religious groups opposed to same-sex marriage asked Rodríguez Calderón to override or ignore the ruling; however, he does not have the power to do so.[22] Congress was officially notified of the ruling on 26 February.[23] The state's ban on same-sex marriage violated Article 1 of the Constitution, which reads:

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.

The ruling officially came into force on 31 May 2019 upon publication in the Official Journal of the Federation (Diario Oficial de la Federación).[24] In the meantime, the Civil Registry began processing marriage applications from same-sex couples and issuing marriage certificates. The first couple, Janeth Oliva and Amatzú Aranda, married on 11 March 2019 in San Nicolás de los Garza.[25]

The Supreme Court ruling also struck down the state's same-sex adoption ban.[26]

Marriage statistics[]

The following table shows the number of same-sex marriages performed in Nuevo León since legalization in 2019, as reported by the National Institute of Statistics and Geography.[27]

Number of marriages performed in Nuevo León
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2019 102 83 185 25,514 25,699 0.72%

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 48% of Nuevo León residents supported same-sex marriage. 49% were opposed.[28]

According to a 2018 survey by the National Institute of Statistics and Geography, 44% of the Nuevo León public opposed same-sex marriage.[29]

See also[]

References[]

  1. ^ "Legalizan matrimonio igualitario en Nuevo León". El Siglo (in Spanish). 20 February 2019.
  2. ^ "SCJN avala matrimonios gay en Nuevo León". La Silla Rota (in Spanish). 20 February 2019.
  3. ^ a b (in Spanish) Corte invalida artículos que impedían el matrimonio igualitario en Nuevo León
  4. ^ "La Corte da un revés al Bronco y ordena legalizar bodas gay en Nuevo León". The Huffington Post. 19 February 2019.
  5. ^ Pablo Reyes, Juan (19 February 2019). "Corte ordena legalizar bodas gay en Nuevo León". Excelsior (in Spanish).
  6. ^ "Presentan iniciativa que permita matrimonio gay en NL". Periódico ABC. Archived from the original on 5 July 2015.
  7. ^ "Alistan discusión de matrimonio igualitario en NL". 16 May 2016.
  8. ^ (in Spanish) El líder del PAN en el Congreso de Nuevo León, Arturo Salinas, asegura que no hay iniciativa para discutir el matrimonio entre personas del mismo sexo
  9. ^ Daniela Mendoza y Reynaldo Ochoa. "Amparo abre puerta al matrimonio gay en NL". Milenio.
  10. ^ adminbarrio. "Con los excluidos del Congreso de Nuevo León". El Barrio Antiguo.
  11. ^ "Sí hay bodas gay en NL". Periódico ABC. Archived from the original on 6 September 2014.
  12. ^ a b (in Spanish) En desacato, Congreso de Nuevo León, sino aprueba en 90 días, Matrimonio Igualitario
  13. ^ Daniela Mendoza Luna. "Con amparo luchan por matrimonios igualitarios". Milenio.
  14. ^ Daniela Mendoza. "Juzgado abre la puerta a 48 bodas gay en NL". Milenio.
  15. ^ (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas
  16. ^ (in Spanish) Ganan 118 personas amparo para matrimonio gay en NL
  17. ^ "Ordena la Corte a El Bronco reconocer concubinato gay" (in Spanish). Proceso. 17 February 2016.
  18. ^ (in Spanish) Corte admite recurso contra matrimonio entre mujer y hombre en NL
  19. ^ (in Spanish) Suprema Corte declara inconstitucional negar matrimonio gay en Nuevo León
  20. ^ (in Spanish) Corte ordena legalizar bodas gay en Nuevo León
  21. ^ (in Spanish) El Bronco en desacuerdo por legalización del matrimonio igualitario en Nuevo León
  22. ^ Castillo, Gabriela (26 February 2019). "Grupos religiosos exigen al 'Bronco' prohibir el matrimonio igualitario". Plumas Atómicas (in Spanish).
  23. ^ "El matrimonio igualitario ya es una realidad en Nuevo León". HuffPost (in Spanish). 26 February 2019.
  24. ^ Silvia Erika Arellano (31 May 2019). "Publican en DOF aprobación del matrimonio gay en NL". Milenio (in Spanish).
  25. ^ César Cubero (11 March 2019). "Registran primer matrimonio gay en NL, sin amparo". Milenio (in Spanish).
  26. ^ Acción de Inconstitucionalidad 29/2018
  27. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  28. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  29. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?

External links[]

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