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.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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