June 25, 2014 | by Michael K. Lavers
Mexican Supreme Court rules against same-sex marriage ban

Supreme Court, Mexico, gay news, Washington Blade

The Mexican Supreme Court (Photo public domain)

The Mexican Supreme Court on Wednesday ruled a law that bans same-sex marriage in the state of Baja California is unconstitutional.

The decision came in the case of a gay couple who brought a legal challenge — known as an “amparo” in Mexico — after officials in the city of Mexicali denied their request for a marriage license.

“The exclusion of marriage to same-sex partners goes against the self-determination of people and each individual’s right to freely develop their personality,” reads a press release that announces the court’s decision. “In addition, it implicitly generates a violation of the principle of equality, because it gives differential treatment to same-sex couples with respect to heterosexual couples.”

The court also concludes the “reproductive function or perpetuation of the species” and “the formation of a family is not, in any way, the purpose of marriage.”

“Each person will determine what they will do as they wish, as part of the free development of their personality, whether that is through the institution of marriage — heterosexual or not — or of another type of union,” it says.

The Baja California decision is the latest in a series of rulings from the Mexican Supreme Court in support of marriage rights for same-sex couples.

The tribunal in April ruled in favor of 39 people who challenged the constitutionality of a Oaxacan law that bans gay nuptials. The Mexican Supreme Court in 2012 ruled in favor of three same-sex couples who separately sought legal recourse that would allow them to marry in the state.

Gays and lesbians have been able to marry in Mexico City since 2010 — and those unions are legally recognized throughout the country. Same-sex couples have also sought to exchange vows in Jalisco, Chihuahua, Colima, Quintana Roo and other Mexican states.

The Mexican Supreme Court in January ruled the same-sex spouses of those who receive benefits under the country’s social security system must receive the same benefits as their heterosexual counterparts.

A gay Mexican couple whose request to tie the knot was denied last month filed a formal complaint with the Inter-American Commission on Human Rights in D.C.

Same-sex couples are able to legally marry in Canada, Brazil, Argentina, Uruguay, 20 states and D.C., French Guiana, Martinique, Guadeloupe and the Dutch island of Saba along with Mexico City.

The 10th U.S. Circuit Court of Appeals on Wednesday struck down Utah’s same-sex marriage ban. A federal judge earlier in the day ruled Indiana’s gay nuptials prohibition is unconstitutional.

Four same-sex couples seeking marriage rights in Puerto Rico on Wednesday joined a federal lawsuit that two women filed in March.

Two Colombian same-sex couples have challenged efforts to nullify their marriages in the South American country’s highest court.

The Movement for Homosexual Integration and Liberation, a Chilean LGBT advocacy group, has filed a lawsuit with the Inter-American Court of Human Rights on behalf of three gay couples are seeking marriage rights in the country.

“The Americas are in the vanguard of marriage equality: the majority of same-sex couples in the hemisphere live where they can get married, or if married elsewhere can have their marital rights recognized,” Hunter T. Carter, a New York-based lawyer who advocates for marriage rights for same-sex couples in Latin America, told the Washington Blade last month. “But many, as in Chile and Mexico, still cannot because their leaders still practice a pure discrimination that is unsustainable under international human rights law and constitutional principles of the equal protection of the laws.”

Michael K. Lavers has been a staff writer for the Washington Blade since May 2012. The passage of Maryland's same-sex marriage law, the HIV/AIDS epidemic, the burgeoning LGBT rights movement in Latin America and the consecration of gay New Hampshire Bishop V. Gene Robinson are among the many stories he has covered since his career began in 2002. Follow Michael

8 Comments
  • The CDC shows that homosexuals represent 70% of AIDS cases. However they represent only 3.5% of the population and are about 20 times more likely to acquire AIDS than heterosexuals. Comparatively, smoking reduces lifespans by 10 years while homosexuals lose 20 years. Our government that warns of its lethal consequences and now judges are either unaware or don't care about the consequences about this self-destructive lifestyle.

    • Thorgood:

      I don’t have a “lifestyle”

      I have a hairstyle.

      I have a style of clothing.

      I have a certain “style” of furniture in my home.

      Some people even say that I got no style at all.

      But, Thorgood I do not have a lifestyle.

      I have a life.

      A life.

      I never say that my straight brother or straight sister have a straight “lifestyle”.

      I won’t degrade their life by calling it a “style”.

      So don’t you dare degrade MY life, by calling it a lifestyle.

      Because doing that only shows what a bigoted idiot you are.

    • Your figures apply to MALE homosexuals, since female homosexuals are the least likely of all to acquire HIV/AIDS. No doubt since you’re clearly loaded for bear against gay people, you will welcome our early demise, however you would do well to read up on the subject a little further before embarrassing yourself again in print:

      It’s true that in the West, gay men are still responsible for most of the HIV propagation, but LGBT activism has helped educate the wider public and thus stop the disease from migrating into the heterosexual majority, so far. However that is not true in the wider world. Of 33.3 million AIDS cases worldwide, 15.9 million are female, and 2.6 million children, so it’s very clear that your heterosexuality will NOT protect you from HIV infection; only monogamy and safe sex will do that.

      African Americans account for only 14% of the US population, yet they account for over 40% of HIV/AIDS infections. It therefore makes no more sense to say that someone should not be gay in order to avoid infection, than it would to say that one should not be black, so as to avoid HIV/AIDS infection. A monogamous same sex couple is at no greater risk of spreading or catching STI’s like AIDS than a heterosexual monogamous couple. HIV/AIDS is an almost competely avoidable infection. The key is safe sex practice, monogamy – every reason to encourage gays to marry. Lesbians are at zero risk of HIV/AIDS, yet they are homosexuals too.

  • Thorgod- thank you for an excellent reason that gays should be allowed to marry, stabilize their relationships etc

    BTW AIDSs doesnt discriminate – check the CDC website and you’ll find that certain str8 demographic groups of women have the same rate of infection

    As for lesbians its almost unheard of for them to get AIDS

    BTW more like 8-9% of hte population The crap you posted comes from a long discredited study where a vicious hate group in the USA averaged the age of a few dozen gays who died of Aids.

    they conveniently forgot all those who were living to a a ripe old age.

  • Cleanup of a few issues re Mex and marriage. BTW /sure sounds like CUs or M coming in chile and Peru beginning to move forward

  • Also St. Pierre et Miquelon (the French territories off of the coast of Newfoundland) have marriage equality. And all other French island territories around the world including the Caribbean region as well as French Guiana on the South American mainland.

  • My understanding is that in Mexican law a Supreme Court decision doesn't become binding precedent nationwide until the Court has issued five decisions upholding the same legal principle. The Court has now issued favorable marriage equality rulings covering the states of Oaxaca and Baja California. Other cases are in the pipeline, so it appears that it won't be that much longer before marriage equality is the law nationwide in Mexico. I'm not sure about the current status of marriage equality in other Mexican states — I have seen a number of news articles saying that it applies in Quintana Roo (where Cancún and Cozumel are located). There is no question, though, that it is the law in the D.F., the federal district where Mexico City is located, and, unlike the U.S., legal same-sex marriages in jurisdictions which currently permit it MUST be recognized by all the other states. In effect, marriage equality exists now throughout Mexico, even though not all states currently do same-sex marriages, because couples can marry in the D.F., Oaxaca, Baja California and (maybe) Quintana Roo and their marriages must be recognized in their home states.

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