World
Mexican Supreme Court finds gay marriage ban unconstitutional
Ruling cites two U.S. Supreme Court cases on racial segregation
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 56-page decision cites two U.S. Supreme Court cases that specifically addressed race-based discrimination and segregation: Loving v. Virginia that found state bans on interracial marriages unconstitutional and Brown v. Board of Education that struck down laws that allowed separate public schools for black and white students.
“The historic disadvantages that homosexuals have suffered have been amply recognized and documented: public scorn, verbal abuse, discrimination in their places of employment and in the access of certain services, including their exclusion from certain aspects of public life,” the judges wrote. “In comparative law it has been argued that discrimination that homosexual couples have suffered when they are denied access to marriage is analogous with the discrimination suffered by interracial couples at another time.”
They further point out the U.S. Supreme Court said in Loving v. Virginia that restricting marriage on the basis of race is “incompatible” with the Equal Protection Clause under the 14th Amendment of the Constitution.
“In connection with this analogy, it can be said that the normative power of marriage is of little use if it does not give the possibility to marry the person that one chooses,” the judges wrote.
The court released its decision more than two months after the judges unanimously struck down the Oaxaca law that defined marriage as between a man and a woman.
Three couples tried to apply for marriage licenses in the state, 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 Jan. 2012 who sought legal recourse — an “amparo” in the Mexican judicial system — to ensure local authorities would protect their constitutional rights.
The ruling also comes roughly six weeks before the U.S. Supreme Court will hear oral arguments in cases challenging the constitutionality of California’s Proposition 8 and the Defense of Marriage Act.
“They do it when in our country there is no previous rulings on the subject,” Méndez told the Washington Blade from Mexico City when asked whether it is common for Mexican Supreme Court judges to cite cases from other countries in their decisions. “These rulings are the first at the national level that support the topics in the way in which we had planned.”
Marriage debate continues throughout Latin America
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 gay marriages legally performed in Mexico City. Gays and lesbians have also married in Quintana Roo on the Yucatán Peninsula, while the state of Coahuila offers property and inheritance rights and other limited legal protections to same-sex couples.
The Uruguay House of Representatives in December overwhelmingly approved a bill that would allow gays and lesbians to tie the knot. Same-sex marriage advocates expect the measure will easily pass in the country’s Senate in April — President José Mujica has said he will sign it into law.
A Colombian Senate committee in December also approved a same-sex marriage bill. A court in the Brazilian state of São Paolo later that month ordered registries to begin offering marriage licenses to same-sex couples without a judge’s approval.
Argentina has allowed same-sex couples to marry since 2010, while Chilean President Sebastián Piñera in 2011 said he would introduce a bill that would allow gay men and lesbians to enter into civil unions. Same-sex couples would be allowed to tie the knot and adopt children in French Guiana under a proposal the French Senate is scheduled to begin debating on April 2.
The Inter-American Court of Human Rights in Feb. 2012 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 couples from Chile who had been denied marriage licenses filed a lawsuit with the tribunal last September after the South American country’s Supreme Court ruled against them.
The Mexican Supreme Court cited the Atala case its decision that only applies to the three same-sex couples who had sought marriage licenses in Oaxaca.
“It just confirms that fighting for marriage equality on a federal level makes more sense and is becoming an increasingly global trend,” Enrique Torre Molina, an LGBT activist and blogger in Mexico City, told the Blade.
The Mexican Supreme Court on Wednesday is expected to formally announce its decision on whether the Oaxacan law that defines marriage as between a man and a woman is discriminatory. The judges will have to rule on an additional “amparo” from Oaxaca before gays and lesbians can legally tie the knot in the state.
“For there to be same-sex marriage throughout the country, if there is not a reform of the civil laws of each state, we will need five rulings in each one of the states that comprise the federation [of Mexico,]” Méndez noted.
Colombia
Colombians protest against Trump after he threatened country’s president
Tens of thousands protested the US president in Bogotá
BOGOTÁ, Colombia — Tens of thousands of people on Wednesday gathered in the Colombian capital to protest against President Donald Trump after he threatened Colombian President Gustavo Petro.
The protesters who gathered in Plaza Bolívar in Bogotá held signs that read, among other things, “Yankees go home” and “Petro is not alone.”
The Bogotá protest took place four days after American forces seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
Trump on Sunday suggested the U.S. will target Petro, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.
The Bogotá protest is among hundreds against Trump that took place across Colombia on Wednesday. Additional protests are expected in the country on Jan. 15.
Colombia
Gay Venezuelan man who fled to Colombia uncertain about homeland’s future
Heberth Aguirre left Maracaibo in 2018
BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his homeland’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.
“On one hand I can feel happy, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.
Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.
He developed cultural and art initiatives for the Zulia State government.
“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”
“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.
Maduro in 2013 became Venezuela’s president after Chávez died.
“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”
Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”
“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”
Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.
“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”
Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.
“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.
The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)
Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”
“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.
Trump on Sunday suggested the U.S. will target Colombian President Gustavo Petro, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.
Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.
“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”
Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.
“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”
“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”
‘I never in my life thought I would have to emigrate’
Aguirre has built a new life in Bogotá.
He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”
Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.
“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”
He once again stressed he does not know what a post-Maduro Venezuela will look like.
“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”
The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.
“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”
“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”
Colombia
Claudia López criticizes Trump over threats against Colombian president
Presidential candidate would become country’s first lesbian head of government
BOGOTÁ, Colombia — Colombian presidential candidate Claudia López has criticized President Donald Trump after he suggested the U.S. will target Colombian President Gustavo Petro.
“Colombia is very sick, too, run by a sick man, who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump told reporters on Air Force One on Sunday.
Trump made the comments a day after American forces carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
Petro is a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. He has urged Colombians to take to the streets and “defend national sovereignty.”
“Colombians are the ones who decide who governs Colombia,” said López on her X account. “President Gustavo Petro won free elections and has a constitutional mandate.”
López did not mention Trump by name in her comment.
The first-round of Colombia’s presidential election will take place on May 31. The country’s 1991 constitution prevents Petro from seeking re-election.
López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city. She took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano.
“This year we will decide at the polls what direction (the country) is heading and what leadership will advance Colombia,” said López in her X post. “Supporting soft dictatorships and attacking democracies is an absurd and unacceptable political action by the United States towards Colombia, Venezuela, and Latin America.”
Quién gobierna en Colombia lo decidimos los colombianos.
El presidente @petrogustavo ganó unas elecciones libres y tiene un mandato constitucional. Este año decidiremos en las urnas qué rumbo y a cargo de qué liderazgo avanza Colombia.
Sostener dictablandas y atacar democracias… https://t.co/K61G2QUcck— Claudia López Hernández (@ClaudiaLopez) January 5, 2026
López would be Colombia’s first female president if she wins the election. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.
The LGBTQ+ Victory Institute in 2024 honored López at its annual International LGBTQ Leaders Conference in D.C. The Washington Blade interviewed her during the gathering.
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