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Mexican Supreme Court rules against same-sex marriage ban

Three gay Oaxacan couples challenged denial of marriage licenses, ruling opens possibility of same-sex marriage throughout the country.

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Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico
Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico

Lawyer Alex Ali Mendez Diaz represented three same-sex couples from the Mexican state of Oaxaca whom local authorities denied marriage licenses. (Photo courtesy of Alex Ali Mendez Diaz)

The Mexican Supreme Court on Wednesday unanimously struck down a law in the southern state of Oaxaca that defined marriage as between a man and a woman.

Three couples — Lizeth Citlalli Martínez Hernandez and María Monserrat Ordóñez Narváez, Jesús Reyes Álvarez and Guillermo Emmanuel Martínez Pimental and Karina Mendieta Pérez and Gabriela Castellanos Mota — tried to apply for marriage licenses in Oaxaca, but local authorities denied their applications.

Lawyer Alex Alí Méndez Díaz filed lawsuits on behalf of two of the couples in Aug. 2011 and a third in January who sought legal recourse, known as an “amparo” in the Mexican judicial system, that would ensure local authorities would protect their constitutional rights. Geraldina González de la Vega, a lawyer who advised Méndez, noted to the Washington Blade this “remedy can be used against laws or acts of authority” in Mexico.

A Oaxacan court in April ruled in favor of Martínez and Ordóñez, but against Reyes and Martínez and Mendieta and Castellanos. An appellate judge in August cited the Mexican constitution that bans anti-gay discrimination in his ruling that ordered Oaxacan authorities to allow same-sex marriages.

The state’s governor and Congress petitioned the Mexican Supreme Court to review the case — Méndez also asked the tribunal to determine the criteria under which the Oaxacan marriage law should be understood.

“The court did not declare the unconstitutionality of the law, but the effect of its application is that the justices said that one would have to understand marriage is a contract celebrated between two people without any reference to the sex of those who enter into it,” Méndez told the Washington Blade during an interview from Mexico City hours after the justices issued their decision.

Same-sex couples have been able to legally marry in the Mexican capital since 2010, and the Mexican Supreme Court has ruled other states must recognize same-sex marriages legally performed in Mexico City. Same-sex couples have also married in Quintana Roo, which includes the resort city of Cancún on the Yucután Peninsula.

The state of Coahuila offers property and inheritance rights and other limited legal protections to same-sex couples.

The latest Mexican Supreme Court decision only applies to Oaxaca, but advocates maintain these cases will open the doors to same-sex marriages across the country.

González noted the court needs to issue five rulings before the “amparo” will “have general effects” throughout the country.

“We already have three,” she said.

“These cases set a precedent that can be invoked in any other state in Mexico,” Méndez added. “While it is not obligatory for those who must resolve these new cases, there is a high possibility that the result will be the same as what we have obtained in Oaxaca.”

Enrique Torre Molina, an LGBT activist and blogger in Mexico City, agreed.

“It’s not going to be long before same-sex marriage is a reality in the whole country,” he told the Blade on Wednesday. “It’s a matter of same-sex couples who have been thinking about getting married and haven’t done it either because they’re not in Mexico City and traveling is not an option or because they were going to get no for an answer. It’s just a matter of time of trying it out as these couples in Oaxaca [did] and sort of contribute to this history.”

The Mexican Supreme Court issued its ruling hours after a Colombian Senate committee approved a measure that would legalize same-sex marriage. Senators in the South American country are expected to debate the bill on Tuesday.

Same-sex couples have been able to legally marry in Argentina since 2010. Neighboring Uruguay allow civil unions for gays and lesbians, but the country’s lawmakers are expected to debate a same-sex marriage measure on Tuesday.

The Inter-American Court of Human Rights in February ruled in favor of lesbian Chilean Judge Karen Atala who lost custody of her three daughters to her ex-husband in 2005 because of her sexual orientation. Three gay Chilean couples who had been denied marriage licenses filed a lawsuit with the tribunal in September after the country’s Supreme Court ruled against them.

The Mexican Supreme Court cited the Atala case in its decision.

“Our country has already been sanctioned on many occasions by the IACHR,” Méndez said. “Our country, being part of this Inter-American system, will have to follow this trend in regard to protecting the human rights of the LGBT community.”

J. Lester Feder, a former Politico reporter who has covered the same-sex marriage throughout Latin America for four months for his blog AfterMarriage.org, noted to the Blade from Oaxaca that courts throughout the region often look to those in other countries in reaching their own decisions. He said the Atala case is one of the legal precedents the Oaxacan couples used in their successful lawsuits.

Justice José Ramón Cossío told CNN en Español he expects the same-sex marriage could become a reality throughout the country within a few months.

“The three cases are effective with respect to the state of Oaxaca,” he said. “By the position that we have on the Supreme Court as the country’s highest tribunal, it is foreseeable that if other people from other federal entities challenged a code that had a similar condition, the court would reiterate its criteria and within the next few months will guarantee the juris prudence that will become mandatory.”

Feder agreed.

“It means that it’s very likely universal marriage rights are going to be available in Mexico well before the United States,” he said. “International human rights law in the Americas is [increasingly interpreting] marriage rights as human rights, but the United States legal system doesn’t internalize international norms. We’re not participating in that trend.”

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World

This year’s IDAHOBiT to highlight democracy

Criminalization laws, US funding cuts among global movement’s challenges

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"At the heart of democracy" is the theme of this year's International Day Against Homophobia, Transphobia, and Biphobia. (Graphic courtesy of ILGA World)

Activists around the world on Sunday will mark the International Day Against Homophobia, Transphobia, and Biphobia.

The IDAHOBiT Advisory Group — which includes 18 LGBTQ and intersex rights organizations around the world — in a press release notes IDAHOBiT events are expected to take place in more than 60 countries. Advocacy groups are also using IDAHOBiT to highlight discrimination and violence based on sexual orientation and gender identity and other LGBTQ-specific issues.

Caribe Afirmativo, a Colombian advocacy group, on May 8 released a report that notes one LGBTQ person was reported murdered in the country every 32 hours in 2025. Caribe Afirmativo also said the Colombian government has not done enough to address anti-LGBTQ violence.

“The evidence is clear: violence against LGBTIQ+ persons in Colombia does not begin with homicide, but with tolerated prejudice and ignored threats,” reads Caribe Afirmativo’s report. “In 2025, the State not only failed to protect — it also failed to count, investigate, and sanction. The crisis is not invisible. It is structural. And it requires an urgent, comprehensive, and sustained response.”

The Initiative for Equality and Discrimination, a Kenyan group known by the acronym INEND, issued a report that details how the country’s law enforcement treats LGBTQ and intersex people. “A widespread pattern of arbitrary arrests, extortion, and both physical and sexual violence” are among the abuses the INEND report notes.

“These abuses not only inflict severe physical and psychological trauma but also foster a widespread distrust of the law enforcement, further marginalizing the community and hindering its ability to seek justice, access essential services such as healthcare, and fully enjoy fundamental freedoms,” it reads.

IDAHOBiT commemorates the World Health Organization’s declassification of homosexuality as a mental disorder on May 17, 1990. This year’s IDAHOBiT theme is “At the Heart of Democracy.”

This year’s IDAHOBiT will take place against the continued impact that the lack of U.S. funding is having on the global LGBTQ and intersex rights movement.

The IDAHOBiT Advisory Group notes consensual same-sex sexual relations remain criminalized in 65 U.N. member states, and the number of countries with criminalization laws increased in 2025. The IDAHOBiT Advisory Group also indicates more than 60 countries have laws that restrict “freedom of expression related to sexual and gender diversity issues.”

“No matter where we live, who we are, or the faiths that drive us, most people want to nurture neighborhoods and communities where every life can bloom,” said the IDAHOBiT Advisory Group. “But today, reactionary governments worldwide are poisoning our gardens with the invasive weeds of their authoritarian policies and exclusionary legislations.”

‘Progress is still happening’

Activists around the world since last year’s IDAHOBiT have seen several legal and political victories.

New Hungarian Prime Minister Péter Magyar on April 12 defeated his predecessor, Viktor Orbán, whose government faced widespread criticism over its anti-LGBTQ crackdown.

The Eastern Caribbean Supreme Court last July struck down St. Lucia’s colonial-era laws. The Dominican Republic’s Constitutional Court a few months later ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members. Botswana late last month repealed a provision of its colonial-era penal code that criminalized homosexuality.

A Hong Kong judge last September ruled in favor of a lesbian couple who sought parental recognition for their son. The European Union Court of Justice over the last year issued two landmark decisions: one said EU countries must recognize same-sex marriages legally performed in other member states and another directed member states to allow transgender people to legally change their name and gender on ID documents.

“Time and again, LGBTQIA+ people have resisted, rolled up their sleeves together with all the good people caring about their communities, and sowed the seeds of change,” said the IDAHOBiT Advisory Group in its press release.

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United Kingdom

UK government makes trans-inclusive conversion therapy ban a legislative priority

King Charles III on Wednesday delivered King’s Speech

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(Photo by Rob Wilson via Bigstock)

King Charles III on Wednesday said a transgender-inclusive ban on so-called conversion therapy in England and Wales is among the British government’s legislative priorities.

“My government will bring forward a bill to speed up remediation for people living in homes with unsafe cladding [Remediation Bill] and a draft bill to ban abusive conversion practices [Draft Conversion Practices Bill],” said Charles in his King’s Speech that he delivered in the British House of Lords.

The government writes the King’s Speech, which outlines its legislative agenda. The British monarch delivers it at Parliament’s ceremonial opening.

“Conversion practices are abuse, and the government will deliver the manifesto commitment to bring forward a trans-inclusive ban on conversion practices,” said the government in an addendum to the speech.

Then-Prime Minister Theresa May’s government in 2018 announced it would “bring forward proposals to end the practice of conversion therapy in the U.K.”

Then-Prime Minister Boris Johnson’s government in 2022 said it would support a ban that did not include gender identity. The decision sparked outrage among British advocacy groups, and prompted them to boycott a government-sponsored LGBTQ conference that was ultimately cancelled.

Prime Minister Keir Starmer’s Labour Party ahead of the 2024 elections included a conversion therapy ban in its manifesto. Charles delivered the King’s Speech against the backdrop of growing calls for Starmer to resign after the Labour Party lost more than 1,000 council seats in local and regional elections that took place on May 7.

Stonewall, a British advocacy group, on April 30 said the government “has failed to meet its own timeline to publish a draft bill to ban conversion practices.”

“We should not have to wait any longer,” said Stonewall CEO Simon Blake in his group’s statement. “Conversion practices are abuse. LGBTQ+ people do not need fixing or changing. They need to hear and feel that government is going to protect their safety and dignity. Not at some random date in the future. No more delays.”

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European Union

European Commission says all EU countries should ban conversion therapy

Recommendation ‘an important step forward for LGBTI rights across Europe’

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(Photo by axelbueckert/Bigstock)

The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.

The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.

“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”

“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”

“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”

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