World
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.
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.”
Kazakhstan
Kazakh Senate approves anti-LGBTQ propaganda bill
Measure ‘would undermine fundamental rights guaranteed under’ constitution
The Kazakh Senate on Thursday approved a bill that would ban so-called LGBTQ propaganda in the country.
Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” Senators earlier this month delayed a vote on the bill.
President Kassym-Jomart Tokayev has indicated he would sign it.
“If enacted, these provisions would undermine fundamental rights guaranteed under Kazakhstan’s Constitution, particularly the principle of equality and non-discrimination, by directly targeting and stigmatizing LGBTI people and anyone perceived to support them,” said ILGA-Europe in a statement after Thursday’s vote.
Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.
Chile
Far-right José Antonio Kast elected Chile’s next president
Advocacy group declares ‘state of alert’ over president-elect’s opposition to LGBTQ rights
José Antonio Kast on Sunday won the second round of Chile’s presidential election.
Kast is the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018. He defeated Jeannette Jara, a member of the Communist Party of Chile who was former labor and social welfare minister in outgoing President Gabriel Boric’s government, by a 58.2-41.8 percent margin.
The election’s first round took place on Nov. 16.
Kast and Jara faced each other in the runoff after no candidate received at least 50 percent of the vote in the first round. Kast will take office on March 11.
“Under his leadership, we are confident Chile will advance shared priorities to include strengthening public security, ending illegal immigration, and revitalizing our commercial relationship,” said U.S. Secretary of State Marco Rubio on Sunday in a statement. “The United States looks forward to working closely with his administration to deepen our partnership and promote shared prosperity in our hemisphere.”
The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. The president-elect has also publicly opposed the country’s marriage equality law that took effect in 2022.
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, in a statement acknowledged the election result. Movilh also declared a “state of alert, given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”
“We urge the president-elect and far-right sectors that follow him to understand and internalize (the fact) that the rights of LGBTIQ+ people are inscribed in the universality of human rights, and they are not built upon an ideology or a political trend,” said Movilh in its statement. “This is not, and never has been, a left-wing or right-wing issue, although some on both sides have gone to great lengths to suggest otherwise, without any basis other than their own partisan or electoral aspirations.”
Organizado Trans Diversidades, a group that advocates on behalf of trans and nonbinary Chileans, on social media said it will “continue the fight for our community’s human rights.”
Egypt
Iran, Egypt object to playing in Seattle World Cup ‘Pride Match’
Game to take place on June 26
Iran and Egypt have objected to playing in a “Pride Match” that will take place in Seattle during the 2026 World Cup.
The Egyptian Football Association on Tuesday said it told FIFA Secretary General Mattias Grafström in a letter that “it categorically rejects holding any activities related to supporting (homosexuality) during the match between the Egyptian national team and Iran, scheduled to be held in Seattle, USA, on June 26, 2026, in the third round of the group stage of the 2026 World Cup.” Football Federation Islamic Republic of Iran President Mehdi Taj told ISNA, a semi-official Iranian news agency that both his country and Egypt “protested this issue.”
The 2026 World Cup will take place in the U.S., Canada, and Mexico. The draw took place at the Kennedy Center on Dec. 5.
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
The State Department’s 2023 human rights report notes that while Egyptian law “did not explicitly criminalize consensual same-sex sexual activity, authorities regularly arrested and prosecuted LGBTQI+ persons on charges including ‘debauchery,’ prostitution, and ‘violating family values.’” Egyptian authorities “also reportedly prosecuted LGBTQI+ individuals for ‘misuse of social media.’”
“This resulted in de facto criminalization of same-sex conduct and identity,” notes the report.
The 2024 human rights report the State Department released earlier this year did not include LGBTQ-specific references.
Soccer has ‘unique power to unite people across borders, cultures, and beliefs’
The June 26 match between Iran and Egypt coincides with Seattle Pride. The Washington Post reported the Seattle FIFA World Cup 2026 Local Organizing Committee decided to hold the “Pride Match” before last week’s draw.
“As the Local Organizing Committee, SeattleFWC26’s role is to prepare our city to host the matches and manage the city experience outside of Seattle Stadium,” said SeattleFWC26 Vice President of Communications Hana Tadesse in a statement the committee sent to the Washington Blade on Wednesday. “SeattleFWC26 is moving forward as planned with our community programming outside the stadium during Pride weekend and throughout the tournament, partnering with LGBTQ+ leaders, artists, and business owners to elevate existing Pride celebrations across Washington.”
“Football has a unique power to unite people across borders, cultures, and beliefs,” added Tadeese. “The Pacific Northwest is home to one of the nation’s largest Iranian-American communities, a thriving Egyptian diaspora, and rich communities representing all nations we’re hosting in Seattle. We’re committed to ensuring all residents and visitors experience the warmth, respect, and dignity that defines our region.”
The 2034 World Cup will take place in Saudi Arabia.
Consensual same-sex sexual relations remain punishable by death in the country. The 2022 World Cup took place in neighboring Qatar, despite concerns over the country’s anti-LGBTQ rights record.
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