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Mexican Supreme Court finds gay marriage ban unconstitutional

Ruling cites two U.S. Supreme Court cases on racial segregation

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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 Monday formally released its ruling that found a Oaxacan law that bans same-sex marriage unconstitutional.

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.

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Hungary

New Hungarian prime minister takes office

Péter Magyar’s party defeated anti-LGBTQ Viktor Orbán last month

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Péter Magyar votes in Budapest, Hungary on April 12, 2026. He has been sworn in as the country's new prime minister. (Screen capture via APT/YouTube)

Hungarian Prime Minister Péter Magyar took office on Saturday.

Magyar’s center-right Tisza party on April 12 defeated then-Prime Minister Viktor Orbán’s Fidesz-KDNP coalition. Vice President JD Vance less than a week before the election traveled to Budapest, the Hungarian capital, and urged Hungarians to support Orbán.

Orbán had been in office since 2010. He and his government faced widespread criticism over its anti-LGBTQ crackdown.

The European Commission in 2022 sued Hungary, which is a member of the EU, over the country’s anti-LGBTQ propaganda law. The European Union’s top court, the EU Court of Justice, on April 21 struck down the statute.

The EU while Orbán was office withheld upwards of €35 billion ($41.26) in funds to Hungary in response to concerns over corruption, rule of law, and other issues.

Hungarian lawmakers in March 2025 passed a bill that banned Pride events and allowed authorities to use facial recognition technology to identify those who participate in them. MPs later amended the Hungarian constitution to ban public LGBTQ events.

Upwards of 100,000 people last June defied the ban and marched in Budapest’s annual Pride parade.

“Congratulations to [Péter Magyar] on becoming prime minister of Hungary,” said European Commission President Ursula von der Leyen on X.

“This Europe Day, our hearts are in Budapest,” she added. “The hope and promise of renewal is a powerful signal in these challenging times.”

“We have important work ahead of us,” noted von der Leyen. “For Hungary and for Europe, we are moving forward together.”

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The Vatican

New Vatican report acknowledges LGBTQ Catholics feel isolated in the church

Document contains testimonies of two gay married men

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St. Peter's Basilica on July 12, 2025. (Washington Blade photo by Michael K. Lavers)

A report the Vatican released on Tuesday acknowledges LGBTQ Catholics have felt isolated within the church.

The report, which the Vatican’s General Secretariat of the Synod’s Study Group 9 released, includes testimony from two married gay Catholics from the U.S. and Portugal.

“Regarding the resistances — limiting ourselves to those emerging from the lived experiences shared with us — we wish to highlight the following: the solitude, anguish, and stigma that accompany persons with same-sex attractions and their families, not only in society but also within the church; this is often linked to the temptation to hide in a ‘double life,'” reads the report. “Within this problematic outlook lie the positions expressed in the pressure to undergo reparative therapies or, even more gravely, in the simplistic advice to enter the sacrament of marriage.”

“At the root of both the emerging openings and the persisting resistances, it seems possible to identify a difficulty in coordinating pastoral practice and the doctrinal approach. Other testimonies received by our study group from believers with same-sex attractions further confirm how arduous it is for individuals and Christian communities to reconcile “doctrinal firmness” with “pastoral welcome,'” it adds.

The report appears to criticize so-called conversion therapy. It also states “every person, first and foremost, is singular, irreducible, irreplaceable, and original” and “this is the meaning of the Biblical-theological theme of the human being, male and female, created in the image and likeness of God.”

The National Catholic Reporter notes “a group of theologians, including bishops, priests, a sister and a layperson” the Vatican commissioned “to study ‘controversial’ issues that Pope Francis’s Synod on Synodality raised wrote the report.

Francis in 2023 launched the multi-year synod to examine on ways to reform the church.

The Argentine-born pontiff died in April 2025. Pope Leo XIV, who was born in Chicago, succeeded him.

Secretary of State Marco Rubio on Thursday met with Leo at the Vatican. The meeting took place against the backdrop of increased tensions between the U.S. and the Holy See over the Iran war.

LGBTQ Catholic groups largely welcome report

LGBTQ Catholic groups welcomed the report; even though it will not change church teachings on homosexuality, marriage, and gender identity.

“It was a really bold choice to make LGBTQ issues — or homosexuality — one of the case studies,” Brian Flanagan, a senior fellow at New Ways Ministry, a Maryland-based LGBTQ Catholic organization, told the Washington Blade on Wednesday during a telephone interview.

Flanagan is also the John Cardinal Cody Chair of Catholic Theology at Loyola University in Chicago.

“They (the study group) could have punted and said something easier,” he said. “Instead, they’re putting what was frankly one of the hottest issues leading up to and after the Synod and addressing it more head on.”

New Ways Ministry Executive Director Francis DeBernardo in a statement described the report as a “breath of refreshing air, the first acknowledgment that LGBTQ+ issues were taken seriously by the three-year global consultation of all levels of the church.”

“By establishing mechanisms and recommendations to continue dialoguing with LGBTQ+ people, the report is a significant step forward in the church’s process to become a more welcoming place for its LGBTQ+ members,” he said.

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, in her own statement said the report “demonstrates a welcome humility and openness to learning from the People of God about people’s lives and faith journeys.”

“It is clear that the study group members understand that the doctrines of the church undermine the deep relationship with God that many LGBTQ+ people have, or try to have, and that this needs to be corrected,” she said. “Church officials have decades of testimony from people who have found their sexual orientation or gender identity to be a blessing and a gift, and their relationships to be sacred. To see this reality reflected and respected in this document is a long-awaited positive step.”

Duddy-Burke added the report largely ignores “the experiences of transgender and nonbinary people.” She further notes it “provides few concrete recommendations and proposes no doctrinal changes.”

“Rather, it calls for dialogue, encounter, and communal theological reflection to shape how the Catholic Church moves forward in addressing doctrine and pastoral practice,” said Duddy-Burke. “The paradigm shift repeatedly called for in this report is a significant and very welcome change. Experience, especially of those most impacted, must be key to developing dogma.”

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Ukraine

Ukrainian MPs advance new Civil Code without protections for same-sex couples

Advocacy groups say proposal would ‘contradict European standards’

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. The country’s MPs have advanced a proposed new Civil Code without legal protections for same-sex couples. (Photo courtesy of Sphere Women's Association)

Ukrainian lawmakers have advanced a proposed new Civil Code that does not contain legal protections for same-sex couples.

The Kyiv Independent reported the proposal passed on its first reading on April 28 by a 254-2 vote margin.

The newspaper notes more than two dozen advocacy groups in a statement said some of the proposed Civil Code’s provisions “contradict European standards” and “violate Ukraine’s commitments under its EU accession process.”

“The most worrying provisions are those that make it impossible for a court to recognize the existence of a family relationship between people of the same sex,” the statement reads. “This overturns the already established case law on this issue, and closes the only legal avenue that allows partners to somehow protect their rights in individual cases.”

“Moreover, the draft completely ignores the obligations that Ukraine should have already fulfilled as part of its accession to the EU, as it lacks provisions that would allow people of the same sex to register their relationships,” it adds.

“The provisions also stipulate that all marriages concluded by people who have changed their gender automatically become invalid,” the statement further notes. “This is not just stagnation in the field of human rights or lack of progress on the path to European integration, but an actual setback in the legal sphere.”

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ advocacy group, in an April 28 Facebook post said the new Civil Code “is a step back on upholding the rights of women and the LGBT+ community in Ukraine.”

The Ukrainian constitution defines marriage as between a man and a woman.

President Volodymyr Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples. 

The Ukrainian Supreme Court on Feb. 25 recognized Zoryan Kis and Tymur Levchuk — a gay couple who has lived together since 2013 and married in the U.S. in 2021 — as a family. Ukraine the day before marked four years since Russia began its war against the country.

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