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.
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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