Same-sex marriage in Quintana Roo

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Legal status of
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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 Quintana Roo is performed and recognized in all municipalities of the state.[1] The first two same-sex marriages occurred in Kantunilkin on 28 November 2011 after it was discovered that the state's Civil Code does not specify sex or gender requirements for marriage. However, future same-sex marriages were suspended in January 2012 upon review by the state's Secretary of State.[2] The two same-sex marriages in the state were annulled by the Governor of Quintana Roo, Roberto Borge Angulo, in April 2012, but these annulments were reversed by the Secretary of State on 3 May. The Secretary of State's decision allows for future same-sex marriages to be performed in Quintana Roo.[3]

Quintana Roo was the first Mexican state, and the second jurisdiction in Mexico after Mexico City, to legalize same-sex marriage. Further legislation and rulings from the Supreme Court of Justice of the Nation that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico have expanded same-sex marriage to almost every state.[a]

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.

The Civil Code of Quintana Roo does not define gender requirements for marriage, specifying only "people interested in getting married".[4] A same-sex couple, Patricia Novelo and Areli Castro, applied for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a heterosexual marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkín on 28 November 2011.[5]

Cancún and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012.[6] Newspaper Reforma reported that upcoming ceremonies were suspended following an order by the Quintana Roo Secretary of State, Luis González Flores, to review the legality of the ceremonies.[7][8] In April 2012, both marriages were annulled by Roberto Borge Angulo, the Governor of Quintana Roo.[7] In May 2012, the Secretary of State reversed the annulments.[9] The next month, both marriages became legal because there was no estoppel in due time.[10] González Flores announced that same-sex marriages are legal in all the municipalities of Quintana Roo.[10] However, in 2013, a lesbian couple were denied the right to marry and forced to obtain an injunction in Tulum. The court concluded that discriminatory acts had occurred and ordered the state to prevent further discrimination against same-sex couples, requiring all civil registry offices in Quintana Roo to process marriage applications from same-sex couples.[11]

In September 2014, Bacalar Municipality approved changes to equalize procedures for all marriages.[12] Officials in Playa del Carmen announced that same-sex couples could begin marrying in the municipality from the last week of September 2014.[13][14] The municipality of Othón P. Blanco announced that their first same-sex marriage would occur on 26 November 2014,[15] and the municipality of José María Morelos announced in 2017 that it had equalized procedures for all marriages. Marriage services are also available in Yucatec Maya.[16]

Legislative action[]

In November 2014, it was announced that a bill to officially legalize same-sex marriage in the state would be introduced and voted on in the current legislative session, thereby replacing the loophole used by couples.[17] In May 2017, after legislative inaction, another same-sex marriage bill was introduced to the state Congress.[18]

Adoption by same-sex couples[]

In January 2018, a married same-sex couple in Puerto Morelos were granted the right to register their child. In April 2018, with the help of the State Human Rights Commission, a same-sex couple in the city of Cancún were also allowed to register their newborn son.[19]

According to 2021 statistics from the civil registry, there are about 30 to 40 cases of lesbian couples registering their children in the state every year.[20]

Marriage statistics[]

As of mid-December 2014, officials announced that there had been 14 same-sex marriages in Quintana Roo.[21]

The National Institute of Statistics and Geography announced there had been 163 same-sex marriages in 2018, of which 96 (59%) had been between lesbian couples and 67 (41%) between male couples.[22] According to data from the civil registry, most same-sex marriages in 2018 took place in the northern region, particularly the municipalities of Benito Juárez, Solidaridad, Cozumel, Puerto Morelos, Isla Mujeres and Tulum, but also Bacalar in the south.[23] From January to August 2018, only 3 same-sex marriages were performed in Othón P. Blanco Municipality, and one same-sex couple married in José María Morelos Municipality in that same time period.[16]

277 same-sex marriages were performed in 2019, of which 139 were between two men and 138 between two women. In 2020, 210 same-sex marriages were performed in Quintana Roo; 107 between two men and 103 between two women.[20]

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 56% of Quintana Roo residents supported same-sex marriage, while 37.5% were opposed.[24]

According to a 2018 survey by the National Institute of Statistics and Geography, 38% of the Quintana Roo public opposed same-sex marriage.[25]

See also[]

Notes[]

  1. ^ In Spanish, Article 4 of the Constitution states El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia., and in Yucatec Maya it reads Jxiib yéetel xch’uupe’ keeto’ob tu táan a’almajt’aan. Le je’ela’ yaan u kanáantik u nu’ukbesajil yéetel u jóok’ol táanil le láak’tsililo’., translating to "Man and woman are equal under the law. The law shall protect the organization and development of the family."

References[]

  1. ^ Vázquez, Jesús (18 July 2012). "Bodas gay generan interés en el sector turismo de Quintana Roo". El Economista (in Spanish). El Economista S.A. de C.V. Retrieved 23 December 2012.
  2. ^ "Same-sex marriages put on hold in Cancun resort areas". San Diego Gay & Lesbian News. 12 January 2012. Retrieved 14 January 2012.
  3. ^ Varillas, Adriana (3 May 2012). "Revocan anulación de bodas gay en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Retrieved 13 June 2012.
  4. ^ EFE (29 December 2011). "Cancun Plans to Pass Gay Marriage Bill to Attract Tourists". Fox News Latino. Retrieved 2 January 2012.
  5. ^ Brisa Muñoz (30 November 2011). "Sin hacer una reforma legal, Quintana Roo realiza sus primeras bodas gay" (in Spanish). CNN México. Retrieved 2 January 2012.
  6. ^ Brisa Muñoz (2 December 2011). "Dos matrimonios homosexuales se casaron en un municipio conservador" (in Spanish). CNN México. Archived from the original on 6 January 2012. Retrieved 2 January 2012.
  7. ^ a b Santana, Rosa (17 April 2012). "Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico". Proceso (in Spanish). Comunicación e Información, S.A. de C.V. Retrieved 18 April 2012.
  8. ^ "Gay Marriage in Cancun, Mexico Suspended". On Top Magazine. 12 January 2012. Retrieved 14 January 2012.
  9. ^ Sánchez, Manuel (4 May 2012). "Legalizan los matrimonios gay" (in Spanish). Diario Respuesta. Retrieved 11 June 2012.
  10. ^ a b Varillas, Adriana (5 June 2012). "Matrimonio gay celebra su unión en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Retrieved 11 June 2012.
  11. ^ "In English - First gay marriage is celebrated in Tulum". El Universal. 12 August 2014. Retrieved 27 December 2015.
  12. ^ "Bacalar modifica Reglamento del Registro Civil para bodas gay | UN1ÓN | Cancún". Unioncancun.mx. 30 September 2014. Retrieved 27 December 2015.
  13. ^ Grupo SIPSE. "Dan luz verde a bodas gay en Playa del Carmen". Sipse.com. Retrieved 27 December 2015.
  14. ^ Grupo SIPSE. "Se registra el primer matrimonio gay en Solidaridad". Sipse.com. Retrieved 27 December 2015.
  15. ^ Nombre (requerido) (23 November 2014). "Alistan primera boda gay en Chetumal". Noticaribe. Retrieved 27 December 2015.
  16. ^ a b "Registro Civil ofrece bodas gay y actas digitalizadas en maya". Quinta Fuerza (in Spanish). 3 August 2018.
  17. ^ "Ingresan al Congreso uniones gay". La Verdad Noticias. 4 November 2014.
  18. ^ (in Spanish) Quintana Roo garantiza derechos de comunidad LGBTI
  19. ^ (in Spanish) Autorizan registrar al hijo de matrimonio gay
  20. ^ a b "Parejas de mujeres lideran uniones del mismo sexo en QRoo". La Jornada Maya (in Spanish). 5 July 2021.
  21. ^ Grupo SIPSE. "Quintana Roo se abre paso en realización de bodas rosas". Sipse.com. Retrieved 27 December 2015.
  22. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  23. ^ (in Spanish) Parejas del mismo sexo prefieren casarse frente al mar
  24. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  25. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019.
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