Same-sex marriage in Zacatecas

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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 Zacatecas has been legal since 30 December 2021. On 14 December, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10.[1] The legislation was published in the official state gazette on 29 December, and came into force the following day.[2] Prior to statewide legalisation, five municipalities of Zacatecas issued marriage certificates to same-sex couples despite a state ban, comprising about a quarter of the state population.[3][4] These five municipalities were Zacatecas City, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

Legal history[]

Civil unions[]

A civil union bill was first proposed in Zacatecas in June 2011. The measure, which would have provided same-sex couples with a subset of the rights and benefits offered to married opposite-sex couples, was submitted to the Congress of Zacatecas on 30 June, but stalled in committee. The main sponsor of the bill said in 2013 that it was not prioritized.[5] It had gathered the support of one deputy from the Institutional Revolutionary Party (PRI), some independents and some deputies from the Party of the Democratic Revolution (PRD), but was opposed by the conservative National Action Party (PAN). It was again discussed in March 2014, but the majority did not approve the measure.[6]

Same-sex marriage[]

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.

On 12 June 2015, the Mexican Supreme Court ruled on 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. Reacting to the Supreme Court ruling, a PRD deputy announced on 18 June 2015 that she would submit a bill to reform the state's civil and family codes to give same-sex couples the same rights as married heterosexual couples. A spokeswoman for the National Action Party immediately announced the party's opposition and condemned the Supreme Court ruling.[7] The PRD bill was still pending and facing various delays in Congress in November 2017.[8]

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a party that supports same-sex marriage, winning a plurality of legislative seats in Zacatecas.[9] In late February 2019, MORENA Deputy Mónica Borrego Estrada introduced a new same-sex marriage bill to Congress,[10][11] which she was hopeful would be agreed on shortly. Borrego Estrada called the heterosexual definition of marriage "a violation of the constitutions of Mexico and Zacatecas".[12] The National Council to Prevent Discrimination also called on the state to legalize same-sex marriage.[13] On 14 August 2019, the state Congress rejected the bill to legalize same-sex marriage in a 11–13 vote with 2 abstentions.[14]

On 14 February 2019, officials in Zacatecas City announced they would begin issuing marriage licenses to same-sex couples.[15][16] Governor Alejandro Tello Cristerna argued that the marriages would be invalid and expressed his personal opposition to the recognition of same-sex marriage, saying that authorities have to be "careful dealing with the topic".[17] Roman Catholic Bishop Sigifredo Noriega also stated his opposition, but nevertheless considered it necessary to find an alternative measure protecting the legal rights of same-sex couples without the "destruction of marriage".[18] The first couple married on 23 February,[19] and by 27 February another couple had married and five further couples had submitted marriage applications.[20] The municipality of Cuauhtémoc followed suit in legalizing same-sex marriage on 1 March,[21] and Villanueva on 20 May 2019.[22] By 5 July 2019, Miguel Auza had also announced its intention to issue marriage licenses to same-sex couples,[23] and in July 2020 the city council of Fresnillo approved a motion to conduct same-sex marriages in the municipality.[24][25]

In September 2021, Deputy Xerardo Ramírez Muñoz from the Labor Party introduced a bill to legalize same-sex marriage to the Congress of Zacatecas.[26] The bill was passed by a Congress committee on 9 December,[27] and a final vote was scheduled for Tuesday, 14 December 2021. The legislation was passed by Congress on 14 December by a vote of 18–10 with 1 abstention.[28] The law was published on 29 December 2021, following Governor David Monreal Ávila's signature, and took effect the following day, on 30 December 2021.[2]

Article 100 of the Family Code was amended to read as follows:

  • in Spanish: El matrimonio es la unión jurídica de dos personas donde ambas, mediante una comunidad de vida, y procurándose respeto, igualdad y ayuda mutua, constituyan una familia.
  • (Marriage is the legal union of two people who, through a life together, and procurring respect, equality and mutual assistance, constitute a family.)
Political party Members Yes No Abstain Absent
National Regeneration Movement 9 8 1
Institutional Revolutionary Party 7 6 1
National Action Party 3 3
Labor Party 3 3
Party of the Democratic Revolution 3 3
Social Encounter Party 2 2
New Alliance Party 2 1 1
Ecologist Green Party of Mexico 1 1
Total 30 18 10 1 1

Injunctions[]

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

The state's first amparo was approved in May 2016. The couple, Rodolfo Eduardo Flores Nava and Francisco Domínguez Galindo, married in Zacatecas City in July 2016, making them the first same-sex couple to marry in Zacatecas.[29] On 3 April 2017, a lesbian couple from Fresnillo was granted the right to marry by a court.[30] Another same-sex couple from the same city was given the right to marry a few months later. They married in October 2017 in a private ceremony alongside family and friends; they were the first same-sex couple to marry in Fresnillo.[31]

By January 2019, three same-sex couples had married in Zacatecas City.[32]

Public opinion[]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 46% of Zacatecas residents supported same-sex marriage, while 49% were opposed.[33]

According to a 2018 survey by the National Institute of Statistics and Geography, 37% of the Zacatecas public opposed same-sex marriage.[34]

See also[]

References[]

  1. ^ "Zacatecas Congress approves same-sex marriage". Mexico News Daily. 15 December 2021.
  2. ^ a b "Periodcio Oficial del estado de Zacatecas - 29 December 2021" (PDF). Congress of Zacatecas (in Spanish).
  3. ^ "Aprueban matrimonio igualitario en Zacatecas". Periódico Mirador (in European Spanish). 2019-02-14. Retrieved 2019-03-15.
  4. ^ "Zacatecas tiene cinco 'paraísos' para el matrimonio igualitario". Homosensual (in Spanish). 3 July 2021.
  5. ^ "En la congeladora, desde 2011, iniciativa de Ley de Sociedades de Convivencia: Jorge Alvarez". Noticias de Zacatecas - La Jornada Zacatecas (in Spanish).
  6. ^ "Rehúyen diputados tema de matrimonio gay". NTR Zacatecas .com (in Spanish).
  7. ^ "Promoverá PRD reformas a códigos Civil y de lo familiar". NTR Zacatecas .com (in Spanish).
  8. ^ (in Spanish) Analizará Legislatura matrimonio igualitario este martes
  9. ^ (in Spanish) Poder Legislativo del Estado de Zacatecas - LXIII Legislatura
  10. ^ "Presentan diputados iniciativa a favor de matrimonio igualitario". zacatecasonline.com.mx. Retrieved 2019-03-15.
  11. ^ "Presentarán hoy, en Legislatura de Zacatecas, nueva iniciativa en materia de matrimonio igualitario". La Jornada Zacatecas (in Spanish). 2019-02-28. Retrieved 2019-03-15.
  12. ^ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario
  13. ^ "Conapred pide a Zacatecas respaldar matrimonio igualitario". El Informador :: Noticias de Jalisco, México, Deportes & Entretenimiento (in European Spanish). Retrieved 2019-03-15.
  14. ^ Congreso de Zacatecas rechaza el matrimonio igualitario
  15. ^ (in Spanish) Matrimonio igualitario en Zacatecas
  16. ^ (in Spanish) Ayuntamiento de Zacatecas reconoce matrimonio igualitario
  17. ^ (in Spanish) Preocupa a Tello la legalidad del matrimonio igualitario
  18. ^ (in Spanish) Obispo de Zacatecas no acepta matrimonios igualitarios
  19. ^ "Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo". Mirador (in Spanish). 24 February 2019.
  20. ^ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario
  21. ^ (in Spanish) En Cuahutémoc, a favor de los matrimonios igualitarios
  22. ^ "Villanueva, primer municipio perredista del estado en aprobar los matrimonios igualitarios". La Jornada Zacatecas (in Spanish). 20 May 2019.
  23. ^ "Ombudsman de Zacatecas insta a clero y gobierno a respetar la ley". Jornada (in Spanish). 5 July 2019.
  24. ^ "Aprueba ayuntamiento de Fresnillo matrimonios igualitarios". PÓRTICO: Noticias de Zacatecas con tinta de libertad (in Mexican Spanish). 2020-06-30. Retrieved 2020-07-07.
  25. ^ "Da Fresnillo el sí a matrimonios igualitarios". NTR Zacatecas .com (in Spanish). Retrieved 2020-07-07.
  26. ^ "Diputado propone reconocer el matrimonio igualitario en Zacatecas". Zacatecas Al Minuto (in Spanish). 14 September 2021.
  27. ^ "Matrimonio homosexual avanza para ser aprobado en Zacatecas". Zacatecas online (in Spanish). 9 December 2021.
  28. ^ "Zacatecas aprueba el matrimonio igualitario". El Sol de México (in Spanish). 14 December 2021.
  29. ^ (in Spanish) Contraerá matrimonio primera pareja del mismo sexo en el estado de Zacatecas
  30. ^ (in Spanish) Aprueban primer matrimonio homosexual en Fresnillo
  31. ^ (in Spanish) Celebrarán primer matrimonio gay en Fresnillo
  32. ^ (in Spanish) Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo
  33. ^ (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  34. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?

External links[]

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