Same-sex marriage in San Luis Potosí

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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 San Luis Potosí has been legal since 21 May 2019. The state Congress approved a bill to legalize same-sex marriage in San Luis Potosí on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law 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.

Injunctions and legal 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."[a]

In July 2013, a male couple applied for a marriage license, but were rejected based on the decision that same-sex couples were not allowed to marry under state law. They were granted the right to marry by the First District Court on 3 June 2014.[1][2] On 26 March 2014,[3] couple Jonathan Llanas and Gadiel Martínez applied for a marriage certificate at the civil registry office in San Luis Potosí City, but were rejected citing the same reasons given to the first couple. They filed an injunction, which was approved on 4 August 2014 by the Sixth District Court.[4] On 7 August 2014, the civil registry filed a counter-injunction to avoid recording the marriage.[5] An appeal was denied by an appellate court in October 2014 and the registry was ordered to conduct the marriage.[6] In early September 2014, a lesbian couple applied for a marriage license in the city of Ciudad Valles.[7]

In November 2014, the State Human Rights Commission announced it was reviewing two complaints from parties who had received injunctions to marry but were still being denied marriage certificates by the civil registry.[8]

By January 2017, 20 injunctions had been granted to same-sex couples in the state.[9] In May 2019, Paul Ibarra Collazo, president of the local LGBT group Red de Diversificadores Sociales, announced that 150 same-sex couples had married in the state by that time. Ibarra Collazo estimated that the injunction process takes between one to two months to be resolved, and the cost of the process to be between $4,000 to $15,000.[10]

Legislative action[]

A citizens' initiative to legalize same-sex marriage was proposed in San Luis Potosí in 2014. It was submitted to the state Congress on 28 April 2014. On 8 August 2014, the deputy chairman of the Commission on Human Rights and Gender Equity, Miguel Maza Hernández, said an analysis of the proposal would "begin shortly".[11] On 17 June 2015, Maza Hernández announced the state's commitment to extending marriage to same-sex couples and said that deliberations would occur after the June 2015 Supreme Court ruling is published in the judicial gazette. Maza Hernández added that although no laws prevented same-sex couples from adopting,[12] Congress would prefer to amend the Family Code to codify equal adoption rights along with passing a same-sex marriage law.[13]

On 6 June 2016, it was announced that a special committee would study the marriage bill and vote on it within 90 days.[14] In November 2016, the state Congress voted against the bill legalizing same-sex marriage.[15] A deputy from the Party of the Democratic Revolution (PRD), who had mistakenly voted against the bill, announced he would introduce a new same-sex marriage proposal in 2017.[16]

The new bill was introduced in October 2017.[17] Momentum was gained after the July 2018 elections, in which the PRD, the National Regeneration Movement (MORENA) and the Labor Party (PT), whose party platforms include support for same-sex marriage, won a plurality of legislative seats in Congress. The bill to legalize same-sex marriage was approved in a vote of 14–12 with 1 abstention on 16 May 2019.[18] It was subsequently signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.[19][20] 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.[21]

Article 15 of the Family Code was amended to read:[22]

  • in Spanish: El matrimonio es la unión legal entre dos personas, libremente contraída, basada en el respeto, con igualdad de derechos, deberes y obligaciones, que hacen vida en común, con la finalidad de proporcionarse ayuda mutua, formando una familia.
  • (Marriage is the legal union of two people, freely contracted, based on respect, with equal rights, duties and obligations, that establishes a life together, with the purpose of providing mutual assistance and forming a family.)
Political party[23] Members Yes No Abstain
National Regeneration Movement 6 6
National Action Party 6 6
Institutional Revolutionary Party 5 1 4
Labor Party 2 2
Party of the Democratic Revolution 2 2
Ecologist Green Party of Mexico 2 1 1
New Alliance Party 1 1
Citizens' Movement 1 1
Social Encounter Party 1 1
Concicenia Popular 1 1
Total 27 14 12 1

Marriage statistics[]

The following table shows the number of same-sex marriages performed in San Luis Potosí since 2020 as reported by the National Institute of Statistics and Geography.[24]

Number of marriages performed in San Luis Potosí
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2020 11 12 23 8,808 8,831 0.26%

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of San Luis Potosí residents supported same-sex marriage, while 46% were opposed.[25]

According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the San Luis Potosí public opposed same-sex marriage.[26]

See also[]

Notes[]

  1. ^ In Spanish, the text reads El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    In Nahuatl, it reads Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan.
    In Huastec, it reads An inik ani an uxum jayetsk’ij in jalbil ba’ an bolid kaw. Ax neets kin k’aniy in yanel jant’in ti neets ti puwel in yanel.
    In Pame, it reads Bu' 'lɛ y bu' ntjuy lañkjiande ant biu' di'kiuã̀jãng niñ'ã' mã̀ gatumbe naguijuye y pa n'tùnderu'dat ra'piaye.

References[]

  1. ^ "Más homosexuales pueden casarse en SLP". pulsoslp.com.mx.
  2. ^ "Adecuarán la ley para bodas gay". PulsoSLP. 7 June 2014.
  3. ^ Antonio González Vázquez. "Pareja gay de SLP busca amparo para casarse". Milenio.
  4. ^ "Conceden primer amparo a pareja gay en San Luis Potosí; se prevé cascada de nuevas demandas". La Orquesta.
  5. ^ "Registro Civil trata de impedir boda gay en SLP". planoinformativo.com.
  6. ^ "Justicia federal se pronuncia a favor del matrimonio homosexual, EL EXPRÉS, San Luis Potosí". elexpres.com. Archived from the original on 20 October 2014.
  7. ^ "Regionvalles.com - Periódico Electrónico - Primer pareja gay Vallense busca contraer matrimonio Civil". regionvalles.com. Archived from the original on 7 September 2014.
  8. ^ "Emitiría CEDH recomendación al Registro Civil". GlobalMedia Noticias. Archived from the original on 21 December 2014. Retrieved 11 December 2014.
  9. ^ (in Spanish) Con amparo, se han casado 20 parejas gay
  10. ^ "Matrimonios gay en SLP son caros y tardados". Global Media (in Spanish). 16 May 2019.
  11. ^ "En análisis iniciativa del matrimonio igualitario". agenciadenoticiasslp.com.
  12. ^ "Nada impide a parejas gay adoptar niños en SLP". GlobalMedia Noticias. Archived from the original on 18 June 2015. Retrieved 18 June 2015.
  13. ^ "Acatará Congreso de SLP exhorto sobre leyes en favor de los homosexuales". pulsoslp.com.mx.
  14. ^ Matrimonios igualitarios, dictamen en 90 días
  15. ^ (in Spanish) Congreso de SLP rechaza matrimonio igualitario: unión debe ser solo entre hombre y mujer
  16. ^ (in Spanish) El matrimonio igualitario no es "normal" y SLP no está para preparado para él: Diputado
  17. ^ (in Spanish) Presentan iniciativa para legalizar matrimonio gay
  18. ^ Congreso de San Luis Potosí aprueba el matrimonio igualitario
  19. ^ Decreto 0168.- Se Reforman los artículos 15, 105, y 133 del Código Familiar para elEstado de San Luis Potosí
  20. ^ Periódico Oficial del Estado publica reformas sobre matrimonio igualitario
  21. ^ Mariel Sánchez (17 May 2019). "Comunidad LGBTTTI se prepara para la adopción". Quadratin San Luis Potosí (in Spanish).
  22. ^ "Codigo Familiar para el Estado de San Luis Potosí" (PDF) (in Spanish). Retrieved 20 August 2020.
  23. ^ "Se impone mayoría morenista, aprueban matrimonios igualitarios". Plano Informativo (in Spanish). 16 May 2019.
  24. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
  25. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  26. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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