Same-sex marriage in Sonora

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  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 Sonora has been legal since 22 October 2021. On 23 September 2021, the Congress of Sonora voted 25–8 to pass a law legalizing same-sex marriage. The legislation was published in the state's official gazette on 21 October, and took effect the following day. Sonora became the 21st Mexican state to open marriage to same-sex couples.

Previously, same-sex couples could briefly marry in Sonora between 11 May and 18 May 2016. On 11 May, the civil registry announced that same-sex couples could receive marriage licenses without having to file an injunction (amparo) in court. However, on 18 May, Governor Claudia Pavlovich Arellano ordered a stop to this directive.

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[]

On 12 June 2015, the Supreme Court of Justice of the Nation ruled 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. The court based its decision on Article 4 of the Constitution of Mexico, which respects matrimonial equality:[1] "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.).[a] Several Mexican states legalized same-sex marriage in the years following the court ruling.

Injunctions[]

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

An important recognition case was filed in 2013. A male same-sex couple, who had married in Mexico City in July 2012, returned to Sonora and attempted to enroll as a couple in the Social Security program, the Institute for Social Security and Services for State Workers of Sonora. They were denied admittance on 8 October 2012 and filed an injunction with a court in Culiacán, Sinaloa. On 9 October 2013, the court granted the injunction holding that the human right to form a family without discrimination had been violated.[2]

In early May 2014, a lesbian couple from the municipality of San Luis Río Colorado were denied a marriage license by the civil registry. On 26 May 2014, they filed an injunction in the Fifth District Court of the Fifteenth Circuit in Mexicali, Baja California.[3] A hearing was held on 17 September 2014,[4][5][6] and the couple received a favorable ruling on 22 October 2014.[7][8][9] Their wedding was scheduled to take place at the civil registry of Luis B. Sanchez on 13 February 2015,[10] but was held in a private home with the consent and participation of registry officials.[11] Their wedding was the first same-sex marriage in Sonora.

A second lesbian couple applied for a marriage license on 11 August 2014. They were rejected and subsequently filed an injunction.[12] The injunction was granted in February 2015.[13]

On 12 June 2015, the Mexican Supreme Court ruled 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. Emboldened by the Supreme Court ruling, same-sex couples from throughout the state filed injunctions for the right to marry. By 1 September 2016, 26 same-sex couples had sought injunctions to marry in Sonora, with all of them being granted by the courts.[14]

Legislative action[]

An initiative to legalize same-sex marriage was introduced to the Congress of Sonora by former Labor Party candidate for governor, Miguel Angel Haro Moren, in January 2010.[15] The proposal was rejected in February 2010, and the state later filed an unsuccessful constitutional challenge against recognizing Mexico City same-sex marriages in Sonora.[16]

On 2 August 2021, Judge Antonio Mora from the Thirteenth Federal District Court ordered Congress to pass a same-sex marriage law by December 2021.[17] Mora wrote in his ruling that the inaction of the Sonora Congress on the matter "perpetuate the notion that same-sex couples are less deserving of recognition than heterosexual couples, thereby offending their human dignity and integrity." The court ordered changes to article 2 of the Family Code, which defined the family as being based on the "matrimonial union or concubinage of a man and a woman", article 11, which characterized marriage as "the legitimate union of a man and a woman", and article 102, which explicitly banned marriages between people of the same sex. On 23 September 2021, the Congress of Sonora approved a same-sex marriage bill introduced by deputies Ivanna Celeste Taddei Arriola and Rosa Elena Trijullo, in a 25–8 vote.[18] The bill was supported by most deputies from the National Regeneration Movement, the Institutional Revolutionary Party, the Labor Party and other smaller parties, but opposed by the conservative National Action Party. The law was published in the state official gazette on 21 October 2021, without newly elected Governor Alfonso Durazo's signature, and took effect the following day, Friday 22 October 2021.

The law 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, etc. The first same-sex marriage performed under the new law was conducted in Hermosillo between Héctor Huerta and Carlos Silva on 22 October.[19]

Article 11 of the Family Code of Sonora was amended to read as follows:

  • in Spanish: El matrimonio es una institución de carácter público e interés social; es la unión legítima de dos personas, con el propósito expreso de integrar una familia, el respeto recíproco y la protección mutua. Cualquier disposición contraria a estos fines, acordada por los cónyuges, se tendrá por no puesta.
  • (Marriage is an institution of a public nature and social interest; it is the legitimate union of two people, with the express purpose of integrating a family, mutual respect and mutual protection. Any provision contrary to these purposes, agreed to by the spouses, shall be deemed not established.)
Political party Members Yes No Abstain
National Regeneration Movement 14 12 2
Institutional Revolutionary Party 4 3 1
National Action Party 4 4
Labor Party 3 2 1
New Alliance Party 2 2
Ecologist Green Party of Mexico 2 2
Citizens' Movement 2 2
Party of the Democratic Revolution 1 1
Social Encounter Party 1 1
Total 33 25 8 0

Brief legalization in May 2016[]

On 11 May 2016, the director of the civil registry, Martha Julissa Bojórquez Castillo, announced that same-sex couples could begin marrying in the state without the need for court injunctions. She justified this by stating that more than 12 injunctions had been granted to same-sex couples in Sonora, but under Mexican law, only 5 injunctions are necessary to make the state's offending provisions in the Family Code null and inoperable.[20]

The move caused immediate backlash from conservative and evangelical groups. The civil registrar of Navojoa announced he would not comply with the decision. Several deputies from across the political spectrum, however, expressed their support for the decision and called for explicit amendments to the Family Code.[21] On 18 May 2016, Governor Claudia Pavlovich Arellano ordered all civil registries in the state to stop marrying same-sex couples, arguing that the Family Code of Sonora prohibited same-sex marriages and that the state would continue to abide by those laws (even though the articles in the Family Code banning same-sex marriage had already been declared inoperable and unconstitutional).[22]

Marriage statistics[]

On 5 April 2017, two women married in the city of Nogales, making them the first same-sex couple to marry in the city,[23][24] and a second same-sex marriage occurred in Nogales later that same month.[25] The first same-sex marriage in Guaymas was performed on 8 April 2017.[26] By June 2017, 23 same-sex marriages had been performed in the state; 15 in Hermosillo and the remainder in Nogales, Guaymas, San Luis Río Colorado and Puerto Peñasco.[27] 32 same-sex couples married in the state between May 2015 and November 2017.[28]

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of Sonora residents supported same-sex marriage, while 46% were opposed.[29]

According to a 2018 survey by the National Institute of Statistics and Geography, 31% of the Sonora public opposed same-sex marriage, the third lowest in all of Mexico behind Baja California (31%) and Mexico City (29%)[30]

See also[]

Notes[]

  1. ^ In Mayo: Öw ento jamut leeytaw bicham nanancha bexre. Am suayanakeentok naw aanim anianake.
    In Yaqui: O’outa into jamuttat ju lei lutu’uria nanancha am eiya. Ini juka pamiliata emo nakeka a yo’oturiawamta ania.
    In Oʼodham: ‘ɨgai kɨlɨ kechi ‘ɨgai okaxi an nukado ‘ɨpa ‘ɨma’axi amai tɨ’iyaga ichi nukda kechi gɨ’ɨli o’obhara tama.
    In Seri: Ziix quiisax quih ctam xah, cmaam xah, hapaspoj caaixaj icaaitom quih iti hant yaii quih ziix tazo pte yamiisot iha. Ziix quih oaanloj xah, ziix quih iic cöisiipt ha quih chaa tintica poco tax iicp ano cösinol aha.

References[]

  1. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org.
  2. ^ "Sonora Ciudadana - Post". sonoraciudadana.org.mx.
  3. ^ Saul D.Martinez (31 July 2014). "A un paso de ser realidad, primer boda gay en SLRC". LaCronica.com.
  4. ^ "Avanza amparo para boda civil". oem.com.mx.
  5. ^ Gina RodrÃguez (9 September 2014). "Otra pareja homosexual interesada en matrimonio en SLRC". LaCronica.com.
  6. ^ "Esperan resolución de matrimonio gay". San Luis Digital.
  7. ^ "Autorizan boda gay en SL". oem.com.mx.
  8. ^ Saul D.Martinez (23 October 2014). "Logran sentencia para "matrimonio gay"". LaCronica.com.
  9. ^ Juez da “luz verde” a primer boda gay
  10. ^ "El 13 celebrarán la primera boda homosexual". oem.com.mx.
  11. ^ "First same-sex marriage in Mexican state of Sonora performed today". San Diego Gay and Lesbian News.
  12. ^ Surge nuevo caso de matrimonio “gay”
  13. ^ Acuña, Diana (27 February 2015). "Aprueban segunda boda gay en SLRC". El Imparcial. Archived from the original on 27 February 2015. Retrieved 27 February 2015.
  14. ^ "Un total de 26 parejas gay han solicitado amparos para casarse en Sonora". EXPRESO (in Spanish). 1 September 2016.
  15. ^ Ulises Gutiérrez (13 January 2010). "Proponen matrimonio homosexual en Sonora". La Jornada (in Spanish). Retrieved 16 January 2010.
  16. ^ "El Universal - - Sonora tambin rechaza matrimonios gay". eluniversal.com.mx. 20 July 2013.
  17. ^ "Federal Judge Gives Sonoran Congress Until December To Enact Marriage Equality Reforms". Fronteras. 3 August 2021.
  18. ^ "Sonora aprueba el matrimonio igualitario; ya son 24 estados".
  19. ^ "Héctor y Carlos, los primeros en casarse bajo Ley de Matrimonio Igualitario". El Sol de Hermosillo (in Spanish). 22 October 2021.
  20. ^ "Da Registro Civil apertura a matrimonios entre personas del mismo sexo". UniObregon. 11 May 2016.
  21. ^ "Proyectan diputados reformar Código de Familia". CRÍTICA. 13 May 2016.
  22. ^ "Reitera Estado, parejas gay sí requieren de amparo para casarse". UniradioInforma.com. 18 May 2016.
  23. ^ First same-sex marriage celebrated in Nogales, Sonora last week
  24. ^ (in Spanish) Registran el primer matrimonio homosexuel en Nogales
  25. ^ (in Spanish) Celebran en Sonora segundo matrimonio igualitario
  26. ^ (in Spanish) CELEBRAN EN GUAYMAS EL PRIMER MATRIMONIO IGUALITARIO
  27. ^ Open thread 6/14 Equality on Trial
  28. ^ (in Spanish) Comunidad lésbico-gay de Sonora pide legalizar matrimonio igualitario
  29. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  30. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019.

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