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Same-sex marriage in Guanajuato

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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 had been legal in Guanajuato since 20 December 2021.[1][2] That day, the Secretary General of Government, Libia Dennise García Muñoz, issued an official directive addressed to officials of the state civil registry that, effective immediately, same-sex couples can marry in the state.[3] Guanajuato became the 23rd Mexican state, and the 24th jurisdiction (as Mexico City is not a state), to legalize same-sex marriage. However, as a new governor took office, the directive expired on 26 September 2024, possibly meaning that same-sex couples can only marry through an injunction, as it was before the decree was issued.[4]

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Background

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

On 12 June 2015, the Supreme Court of Justice of the Nation ruled that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. The court based its decision on Article 4 of the Constitution of Mexico, which respects matrimonial equality,[5] stating that "Man and woman are equal under the law. The law shall protect the organization and development of the family."[a]

On 2 September 2013, a lesbian couple was denied a marriage license by the civil registry office in León. The couple challenged the denial in federal court. Attorneys representing the civil registry argued that state law defined marriage as "the union of a man and a woman" and as such the couple could not marry, whereas the couple's attorneys argued that the ban was unconstitutional under the Constitution of Mexico. On 18 September 2013, a judge ruled in the couple's favor and granted them the right to marry.[7] The couple, who remained anonymous, married on 19 March 2014, becoming the first same-sex couple to do so in Guanajuato.[8][9]

On 4 March 2014, a local deputy from the Institutional Revolutionary Party (PRI) said he would help a group of same-sex couples from León and Silao file amparos for same-sex marriage rights.[10] An amparo for 30 couples from León was filed two weeks later.[11] A further amparo was filed in Irapuato for several more couples later that year.[12] On 25 November 2014, the First District Court ruled in favor of a request by a same-sex couple to marry. The state did not appeal, and the couple married in January 2015.[13][14] In April 2016, officials from the civil registry said that nine same-sex couples had married in the state by that time.[15] A tenth amparo was granted to a same-sex couple from Salamanca in August 2016.[16] By May 2018, 43 amparos for same-sex marriage rights had been granted in the state.[17]

Legislative action

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On 21 February 2014, the Party of the Democratic Revolution (PRD) introduced a bill to the Congress of Guanajuato to amend the Civil Code to legalize same-sex marriage.[18] The measure was endorsed by the Institutional Revolutionary Party,[19] but on 13 April 2015 the Justice Committee of Congress with a majority from the state's ruling National Action Party (PAN) voted 3–2 to shelve the bill citing PAN's objection to same-sex unions.[20]

On 29 April 2016, the Municipal Council of Guanajuato City voted unanimously to pass a resolution allowing a lesbian couple to marry in the municipality. The council also urged Governor Miguel Márquez Márquez to introduce legislation to legalize same-sex marriage.[21] In October 2018, PRD Deputy Isidoro Bazaldúa Lugo introduced a same-sex marriage bill to Congress.[22] Another bill to legalize same-sex marriage was introduced following the 2021 legislative elections. Both measures stalled and were not voted on.

On 27 October 2022, Deputy David Martínez Mendizábal of the National Regeneration Movement (MORENA) party introduced a bill to codify same-sex marriage in the Civil Code. Martínez Mendizábal said he introduced the bill because "the legal framework of our [state] remains discriminatory, because it still does not recognize the right to gender identity, equal marriage, and does not prohibit conversion therapies, among others."[23][24]

Directive 2261/2021

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On 20 December 2021, citing jurisprudence established by the Mexican Supreme Court, Secretary General of Government Libia Dennise García Muñoz issued an official directive, "Directive 2261/2021", addressed to all civil registry officials in Guanajuato that, effective immediately, same-sex couples can marry in the state without the further need of their first obtaining a judicial amparo.[25][26] The directive states:[3]

As of this date and thereafter, the right of all people, without discrimination due to their sexual preference, to marry in our Civil Registry offices is recognized.

Activist Juan Pablo Delgado, founding member of LGBT group León Libre, welcomed the measure, saying, "Today Guanajuato joins the list of states that allow equal marriage. While the need to reform local law continues, a huge step is taken in building a society that offers equal conditions for all people. Long live diversity."[27] Guanajuato's reputation as one of the most conservative states in Mexico was also cause for widespread media coverage that followed García Muñoz's announcement.[3] The first same-sex marriage performed under the new directive took place on 10 January 2022 in Irapuato.[28]

On 26 January 2022, Governor Diego Sinhué Rodríguez Vallejo issued an executive decree repealing article 72 of the civil registry regulations, which had established as a requisite for marriage that the partners be of opposite sexes. The decree entered into effect that same day.[29]

Marriage statistics

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The following table shows the number of same-sex marriages performed in Guanajuato since 2021 as reported by the National Institute of Statistics and Geography.[30]

Number of marriages performed in Guanajuato
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2021 16 12 28 28,408 28,436 0.01%

In November 2022, the civil registry reported that more than 200 same-sex marriages had been performed in Guanajuato since legalization, with most being performed in León (54), Irapuato (36), and Guanajuato City (20). 69% of these marriages were between two women.[31] In total, at least one same-sex marriage had taken place in 30 of the state's 46 municipalities.[b]

Public opinion

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According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the Guanajuato public opposed same-sex marriage.[32]

See also

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Notes

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  1. ^ In Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    In Otomi: Ra ñ’o̱ho ne ra be̱hñä rangutho di ge ra hmända. Nuna mädi ra mutsi ne ra te nuya mengu.[6]
    In Chichimeca Jonaz: Iru ki manir tarehsa’s enkha’ mindehs. Kini kane ripɇr o me urir ndi imhus o awehr.
  2. ^ The 16 municipalities where no same-sex marriage had occurred were Abasolo, Atarjea, Coroneo, Doctor Mora, Ocampo, Pueblo Nuevo, Romita, Salvatierra, San Diego de la Unión, Santa Catarina, Santiago Maravatío, Tarandacuao, Tierra Blanca, Victoria, Xichú, and Yuriria.

References

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  1. ^ "Aprueban el matrimonio igualitario en Guanajuato". El Universal (in Spanish). 20 December 2021. Archived from the original on 21 December 2021. Retrieved 21 December 2021.
  2. ^ "Another state gives green light to same-sex marriages". Mexico News Daily. 21 December 2021. Archived from the original on 21 December 2021. Retrieved 21 December 2021.
  3. ^ a b c "Guanajuato, uno de los estados más conservadores, ya legalizó el matrimonio igualitario". infobae (in European Spanish). Archived from the original on 20 December 2021. Retrieved 21 December 2021.
  4. ^ Ortiz, Iván (2024-09-27). "Guanajuato: Matrimonio igualitario en riesgo con Libia García". Homosensual (in Spanish). Retrieved 2024-09-29.
  5. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 2022-03-06. Retrieved 2022-02-12.
  6. ^ "Ndäthot'i, hñäsümpo̱te xe̲ni hnini ga̱tho m'onda̱" (PDF). INALI. Archived (PDF) from the original on 2022-02-14. Retrieved 2022-02-12.
  7. ^ "Pareja lésbica de Guanajuato obtiene amparo para contraer matrimonio". NotieSe. 19 September 2013. Archived from the original on 9 October 2016. Retrieved 21 December 2021.{{cite news}}: CS1 maint: unfit URL (link)
  8. ^ "Primera boda gay en #Guanajuato". Soy Vallense. 19 March 2014. Archived from the original on 8 November 2014. Retrieved 25 October 2015.
  9. ^ "Lesbian Couple Marries in Mexican State of Guanajuato". On Top Magazine. 20 March 2014. Archived from the original on 8 November 2014. Retrieved 21 December 2021.
  10. ^ "PRI apoyará a 45 parejas gays para que se casen en Guanajuato". SDPnoticias.com. Archived from the original on 2019-03-23. Retrieved 2021-12-21.
  11. ^ "Estado – Asi Sucede Guanajuato – Page 55". asisucedegto.mx. Archived from the original on 2014-11-08. Retrieved 2021-12-21.
  12. ^ "Promueven amparo para legalizar bodas gay en Guanajuato". Guanajuato Informa. Archived from the original on 8 November 2014.
  13. ^ "Periódico Correo Pareja 'gay' obtiene amparo para casarse". Periódico Correo. Archived from the original on 2019-03-23. Retrieved 2021-12-21.
  14. ^ "Impiden a pareja gay casarse en plaza de León; lo hacen en pizzería". Proceso. Archived from the original on 2016-01-18. Retrieved 2021-12-21.
  15. ^ "En trámite, 13 amparos de parejas gay para casarse". El Sol de León. 29 April 2016. Archived from the original on 9 October 2016. Retrieved 21 December 2021.
  16. ^ "Celebran primera boda gay de la ciudad de Salamanca". Periódico Correo. 15 August 2016. Archived from the original on 23 March 2019. Retrieved 21 December 2021.
  17. ^ "Pareja logra tercer matrimonio igualitario en Cortazar; van 43 en todo Guanajuato". Archived from the original on 2018-05-22. Retrieved 2021-12-21.
  18. ^ UNIÓN GUANAJUATO, Redes de Información y Educación del Siglo XXI de EL UNIVERSAL y UNO TV. "PRD propone que Guanajuato permita matrimonios gay". unionguanajuato.mx. Archived from the original on 2016-04-04. Retrieved 2021-12-21.
  19. ^ UNIÓN GUANAJUATO, Redes de Información y Educación del Siglo XXI de EL UNIVERSAL y UNO TV. "PRI se suma a matrimonios gay en Guanajuato". unionguanajuato.mx. Archived from the original on 2016-03-13. Retrieved 2021-12-21.
  20. ^ Carmen Pizano. "Voto panista archiva iniciativas para legalizar el matrimonio gay en Guanajuato". ZonaFrancaMX. Archived from the original on 2018-09-08. Retrieved 2021-12-21.
  21. ^ "Acuerda ayuntamiento de Guanajuato apoyar a pareja gay para contraer matrimonio". Zona Franca (in Mexican Spanish). 2016-04-29. Archived from the original on 2018-10-28. Retrieved 2017-10-13.
  22. ^ "Presentan iniciativa para matrimonio gay". Periódico Correo. 19 October 2018. Archived from the original on 9 August 2019. Retrieved 21 December 2021.
  23. ^ Dominguez, Gaby (27 October 2022). "Presenta David Martínez iniciativa para avanzar en matrimonio igualitario". Platino News (in Spanish).
  24. ^ Jaramillo, Vania (27 October 2022). "Guanajuato "permitió" el matrimonio igualitario pero no ha legislado: Colectivos". Zona Franca (in Spanish).
  25. ^ "Guanajuato dice "sí" al matrimonio igualitario". Expansión Política (in Spanish). 20 December 2021. Archived from the original on 21 December 2021. Retrieved 21 December 2021.
  26. ^ "Guanajuato le da el sí al amor y aprueba el matrimonio igualitario". El Financiero (in Spanish). 20 December 2021. Archived from the original on 21 December 2021. Retrieved 21 December 2021.
  27. ^ "Guanajuato authorizes equal marriage; legislation is still pending". The Canadian. 21 December 2021. Archived from the original on 21 December 2021. Retrieved 21 December 2021.
  28. ^ "Se casa la primera pareja LGBT en Irapuato sin trabas legales ni gubernamentales". La Silla Rota Guanajuato (in Spanish). 11 January 2022. Archived from the original on 14 January 2022. Retrieved 16 January 2022.
  29. ^ Araiza, Leonel (26 January 2022). "Decreta gobernador matrimonio igualitario en Guanajuato". Página Central (in Spanish). Archived from the original on 12 February 2022. Retrieved 12 February 2022.
  30. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2021-02-07.
  31. ^ "Celebran más de 200 matrimonios igualitarios en lo que va del 2022 en Guanajuato". Periódico Correo (in Spanish). 14 November 2022.
  32. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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