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Same-sex marriage in Campeche

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in Campeche since 20 May 2016. In April 2016, Governor Alejandro Moreno Cárdenas introduced a same-sex marriage bill to the Congress of Campeche, which was approved on 10 May and entered into force 10 days later.[1] Campeche had previously recognized same-sex couples in the form of civil unions only, which were enacted in 2013 and grant couples several of the rights and benefits of marriage.

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Civil unions

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On 11 April 2013, the Party of the Democratic Revolution (PRD) introduced a measure to legalize civil unions (Spanish: sociedad civil de convivencia, pronounced [sosjeˈðað siˈβil de kombiˈβensja]).[a] The bill was passed unanimously by the Congress of Campeche on 20 December 2013 and, while it applies to both same-sex and opposite-sex couples, it does not provide same-sex couples with the same rights, benefits and obligations as marriage. An additional distinction is that civil unions are not registered with the civil registry like marriages, but with the Public Registry of Property and Commerce (Registro Público de la Propiedad y de Comercio).[2] Since 2016, couples in civil unions can legally adopt.[3]

Same-sex marriage

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Background

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See also: Same-sex marriage in Mexico § México Igualitario Project

On 31 March 2014, a lesbian couple, María José Estrada Muñoz and Faride Zulema Cabrera Can, applied for a marriage license in San Francisco de Campeche, but were rejected based on the decision that same-sex couples could only enter into civil unions and could not legally marry.[4] In July 2014, the Mexican Supreme Court declared that the marriage laws in the state were unconstitutional and ordered Congress to modify the Civil Code to allow same-sex marriages. It was later announced that the couple could marry after a district judge had granted them an amparo, but the law still had to be revised. The conservative National Action Party (PAN) said it would abide by the ruling.[5] The couple married on 30 August 2014.[6] In September 2014, the PRD announced that 8 couples, 5 from San Francisco de Campeche and 3 from Ciudad del Carmen, had filed amparos and that analysis of changing the marriage statutes was in progress.[7]

On 11 August 2015, the Supreme Court ruled in a 9–1 decision that Campeche's ban on same-sex couples adopting children was unconstitutional.[8][9][10] The court struck down article 19 of the civil union law which had outlawed adoption by civil partners.[11] Children's rights were cited as the main reason for the court's decision. The ruling set a constitutional precedent, meaning all bans in Mexico forbidding same-sex couples from adopting are unconstitutional and discriminatory.[12] President of the Supreme Court, Luis María Aguilar Morales, voted with the majority and wrote the following in the ruling:[8]

I see no problem for a child to be adopted in a society of co-existence, which has precisely this purpose. Are we going to prefer to have children in the streets, which according to statistics exceed 100,000? We attend, of course, and perhaps with the same intensity or more, to the interests of the child.

On 23 September 2016, the Supreme Court finalised the ruling in the adoption case against Campeche and issued a nationwide jurisprudence which binds all lower court judges to rule in favor of same-sex couples seeking adoption and parental rights. Campeche's ban on same-sex adoption was lifted on 26 September.[3]

Legislative action

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On 4 April 2016, Governor Alejandro Moreno Cárdenas submitted a same-sex marriage bill to the Congress of Campeche.[13] Shortly thereafter, the two largest parties in the state, the Institutional Revolutionary Party (PRI) and the National Action Party, announced their support for the bill.[14] On 4 May, the president of the Board of Directors said the bill would be voted on sometime in May 2016.[15] On 10 May, Congress voted 34–1 to approve the same-sex marriage bill.[16] It was published in the official state gazette on 16 May and came into effect on 20 May.[17][18]

Article 157 of Campeche's Civil Code now reads as follows:[17]

  • in Spanish: Establece que el matrimonio es la unión de dos personas para llevar una vida en común, en donde ambas se deben procurar respeto, igualdad y ayuda mutua. Debe celebrarse ante las autoridades del Registro Civil tal y como lo establece este Código y con las formalidades que éste exige.
  • (It is established that marriage is the union of two people to build a community of life, in which both partners must seek respect, equality and mutual aid. Marriage is contracted by the authorities of the Civil Registry as set out in this Code and with the formalities it requires.)
Political party Members Yes No Abstain Absent
Institutional Revolutionary Party 15 15
National Action Party 11 11
Ecologist Green Party 3 3
National Regeneration Movement 3 2 1
New Alliance Party 2 2
Party of the Democratic Revolution 1 1
Total 35 34 1 0 0

In June 2016, Adriana de Jesús Avilez Avilez was expelled from her party, the National Regeneration Movement (MORENA), over her decision to vote against the legislation.[19]

On 14 June 2016, opponents of same-sex marriage filed an injunction against the new law, arguing that "it was unfairly imposed on Campechanos", and refuted allegations of homophobia.[20][21] On 7 July 2016, a federal judge ruled in favor of a stay.[22] A spokesperson for Congress said the judge's injunction only bars the plaintiffs from marrying a partner of the same sex.[23] According to the president of Congress, Ramón Méndez Lanz, same-sex couples can continue to get married in the state.[23][24]

Marriage statistics

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The following table shows the number of same-sex marriages performed in Campeche since legalization in 2016 as reported by the National Institute of Statistics and Geography.[25] Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

Number of marriages performed in Campeche
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2016 10 6 16 4,505 4,521 0.35%
2017 15 10 25 4,310 4,335 0.58%
2018 19 13 32 4,366 4,398 0.73%
2019 22 13 35 4,575 4,610 0.76%
2020 13 11 24 2,959 2,983 0.80%
2021 43 23 66 4,866 4,932 1.33%

Public opinion

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A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 42% of Campeche residents supported same-sex marriage, one of the lowest in the nation, while 55% were opposed.[26]

According to a 2018 survey by the National Institute of Statistics and Geography, 56% of the Campeche public opposed same-sex marriage. This was the third highest in Mexico, after Chiapas (59%) and neighboring Tabasco (56.5%).[27]

See also

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Notes

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  1. ^ Yucatec Maya: múul kuxtalil, pronounced [múːl kuʃtaˈlil]

References

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  1. ^ "Mexico: Campeche Becomes 7th Mexican State with Same-Sex Marriage". The Perchy Bird Blog. 10 May 2016. Archived from the original on 9 October 2016. Retrieved 11 May 2016.
  2. ^ "Aprueba Campeche la Ley de Sociedades Civiles de Convivencia". La Jornada. Archived from the original on 16 January 2016. Retrieved 11 May 2016.
  3. ^ a b "Parejas del mismo sexo podrán adoptar en Campeche". Archived from the original on 21 April 2019. Retrieved 26 September 2016.
  4. ^ "Campeche dice "no" a su primera boda gay". SDPnoticias.com. Archived from the original on 10 July 2018. Retrieved 11 May 2016.
  5. ^ "Aprueban matrimonio gay en Campeche PAN dice que está bien". SDP Noticias. 17 July 2014. Archived from the original on 10 July 2018. Retrieved 11 May 2016.
  6. ^ Cheche Icthe. "Tiene Campeche primera boda gay". Milenio. Archived from the original on 27 May 2017. Retrieved 11 May 2016.
  7. ^ "16 PAREJAS LÉSBICO-GAY, INTERESADAS EN FORMALIZAR UNIÓN". La Voz de la Nación. 8 September 2014. Archived from the original on 9 December 2014. Retrieved 25 October 2015.
  8. ^ a b Browning, Bill (12 August 2015). "Mexican Supreme Court Strikes Down Adoption Ban". The Advocate. Archived from the original on 6 October 2018. Retrieved 20 June 2016.
  9. ^ "Mexican court lifts ban on adoption by gay couples". Vallarta Pride. 19 August 2015. Archived from the original on 10 July 2018. Retrieved 20 June 2016.
  10. ^ "SCJN invalidates article forbidding gay couples from adopting in Campeche". The Yucatan Times. 12 August 2015. Archived from the original on 29 August 2018. Retrieved 20 June 2016.
  11. ^ Garner, Glenn (12 August 2015). "Mexican Supreme Court Lifts Same-Sex Adoption Ban in Campeche". Out Traveler. Archived from the original on 10 July 2018. Retrieved 20 June 2016.
  12. ^ "Supreme Court sides with gay adoption". Mexico News Daily. 15 August 2015. Archived from the original on 6 October 2018. Retrieved 20 June 2016.
  13. ^ "Gobernador de Campeche envía iniciativa al Congreso sobre bodas gay". Archived from the original on 1 December 2017. Retrieved 11 May 2016.
  14. ^ "PRI y PAN a favor del matrimonio igualitario en Campeche". Archived from the original on 29 January 2019. Retrieved 11 May 2016.
  15. ^ "Este mes, parejas del mismo sexo podrán unirse legalmente en Campeche". Archived from the original on 28 May 2018. Retrieved 11 May 2016.
  16. ^ "El Congreso aprueba la Ley de Matrimonios Igualitarios". Archived from the original on 12 July 2019. Retrieved 11 May 2016.
  17. ^ a b "Entra en vigor Ley de Matrimonios Igualitarios". Archived from the original on 23 March 2019. Retrieved 22 May 2016.
  18. ^ "Rechazan posibilidad de adopción a parejas gay". Tribuna de Campeche. 2 June 2016. Archived from the original on 9 July 2018. Retrieved 22 June 2016.
  19. ^ "Morena expulsa a diputada que votó contra bodas gay en Campeche". Proceso (in Spanish). 30 June 2016. Archived from the original on 5 November 2016. Retrieved 10 October 2020.
  20. ^ "Por amparo contra ley de bodas gay". Tribuna Campeche. 14 June 2016. Archived from the original on 8 August 2016. Retrieved 20 June 2016.
  21. ^ Vázquez Campos, Roxana (14 June 2016). "Agrupaciones ponen amparo contra familias diversas". El Expreso de Campeche. Archived from the original on 8 October 2016. Retrieved 20 June 2016.
  22. ^ (in Spanish) Ordenan suspensiόn de matrimonios gay Archived 26 November 2017 at the Wayback Machine
  23. ^ a b (in Spanish) PROCEDIMIENTO DE CONGRESO EN MATRIMONIOS IGUALITARIOS FUE CORRECTO Archived 20 September 2016 at the Wayback Machine
  24. ^ (in Spanish) Casan a pareja gay en Cereso de Campeche Archived 17 November 2016 at the Wayback Machine
  25. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 17 October 2020. Retrieved 4 February 2020.
  26. ^ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine, Gabinete de Comunicación Estratégica
  27. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 16 April 2019 at the Wayback Machine
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