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Same-sex marriage in Sonora

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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 has been legal in Sonora since 22 October 2021. On 23 September 2021, the Congress of Sonora voted 25–8 to pass a law legalizing same-sex marriage. The legislation was published in the state's official gazette on 21 October, and took effect the following day. Sonora was the 21st Mexican state to open marriage to same-sex couples.

Previously, same-sex couples could briefly marry in Sonora between 11 May and 18 May 2016. On 11 May, the civil registry announced that same-sex couples could receive marriage licenses without having to file an amparo in court. However, Governor Claudia Pavlovich Arellano ordered a stop to this directive on 18 May.

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Background

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

An important recognition case was filed in 2013. A male same-sex couple, who had married in Mexico City in July 2012, returned to Sonora and attempted to enroll as a couple in the Institute for Social Security and Services for State Workers of Sonora, a social security program. They were denied admittance on 8 October 2012 and filed an amparo with a court in Culiacán, Sinaloa. On 9 October 2013, the court granted the amparo, ruling that the human right to form a family without discrimination had been violated.[1]

In early May 2014, a lesbian couple was denied a marriage license in the municipality of San Luis Río Colorado. On 26 May 2014, they filed an amparo in the Fifth District Court of the Fifteenth Circuit in Mexicali, Baja California.[2] A hearing was held on 17 September 2014,[3][4][5] and the couple received a favorable ruling on 22 October 2014.[6][7][8] Their wedding was scheduled to take place at the civil registry office in the small town of Luis B. Sanchez on 13 February 2015,[9] but was held in a private home with the consent and participation of registry officials.[10] Their wedding was the first same-sex marriage in Sonora. A second lesbian couple applied for a marriage license on 11 August 2014. Similarly to the previous couple, they were denied a license by civil registry officials and filed an amparo in court.[11] The amparo was granted in February 2015.[12]

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:[13] "Man and woman are equal under the law. The law shall protect the organization and development of the family".[a] Emboldened by the Supreme Court ruling, same-sex couples from across the state filed amparos for the right to marry. By 1 September 2016, 26 same-sex couples had sought an amparo in Sonora, with all of them being granted by the courts.[16]

Legislative action

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A bill to legalize same-sex marriage was introduced to the Congress of Sonora by former Labor Party candidate for governor, Miguel Angel Haro Moren, in January 2010.[17] The proposal was rejected in February 2010, and the state later filed an unsuccessful constitutional challenge against recognizing Mexico City same-sex marriages in Sonora.[18]

On 2 August 2021, Judge Antonio Mora from the Thirteenth Federal District Court ordered Congress to pass a same-sex marriage law by December 2021.[19] Mora wrote in his ruling that the inaction of the Sonora Congress "perpetuate the notion that same-sex couples are less deserving of recognition than heterosexual couples, thereby offending their human dignity and integrity." The court ordered changes to article 2 of the Family Code, which defined the family as being based on the "matrimonial union or concubinage of a man and a woman", article 11, which defined marriage as "the legitimate union of a man and a woman", and article 102, which explicitly banned marriages between people of the same sex. On 23 September 2021, the Congress of Sonora approved a same-sex marriage bill introduced by deputies Ivanna Celeste Taddei Arriola and Rosa Elena Trijullo, in a 25–8 vote.[20] The bill was supported by most deputies from the National Regeneration Movement, the Institutional Revolutionary Party, the Labor Party and other smaller parties, but opposed by the conservative National Action Party. The law was published in the state's official gazette on 21 October, without newly-elected Governor Alfonso Durazo's signature, and took effect the following day, 22 October 2021.

The law ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, etc. The first same-sex marriage performed under the new law was conducted in Hermosillo between Héctor Huerta and Carlos Silva on 22 October.[21]

Article 11 of the Family Code of Sonora was amended to read as follows:

  • in Spanish: El matrimonio es una institución de carácter público e interés social; es la unión legítima de dos personas, con el propósito expreso de integrar una familia, el respeto recíproco y la protección mutua. Cualquier disposición contraria a estos fines, acordada por los cónyuges, se tendrá por no puesta.
  • (Marriage is a public and social institution; it is the legitimate union of two people, with the express purpose of integrating a family, reciprocal respect and mutual protection. Any provision contrary to these purposes, agreed to by the spouses, shall be deemed not established.)
Political party Members Yes No Abstain
National Regeneration Movement 14 12 2
Institutional Revolutionary Party 4 3 1
National Action Party 4 4
Labor Party 3 2 1
New Alliance Party 2 2
Ecologist Green Party of Mexico 2 2
Citizens' Movement 2 2
Party of the Democratic Revolution 1 1
Social Encounter Party 1 1
Total 33 25 8 0

Brief legalization in May 2016

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On 11 May 2016, the director of the civil registry, Martha Julissa Bojórquez Castillo, announced that same-sex couples could begin marrying in the state without the need to file an amparo in court. She justified this by stating that more than 12 amparos had been granted to same-sex couples in Sonora, but under Mexican law, only 5 such amparos are necessary to make the state's offending provisions in the Family Code null and inoperable.[22]

The move caused immediate backlash from conservative and evangelical groups. The civil registrar of Navojoa announced he would not comply with the decision. Several deputies from across the political spectrum, however, expressed their support for the decision and called for explicit amendments to the Family Code.[23] On 18 May 2016, Governor Claudia Pavlovich Arellano ordered all civil registrars in the state to stop marrying same-sex couples, arguing that the Family Code of Sonora prohibited same-sex marriages and that the state would continue to abide by those laws, even though the articles in the Family Code banning same-sex marriage had already been declared inoperable and unconstitutional.[24]

Native Mexicans

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Some Native Mexican peoples have traditions of two-spirit individuals who filed the role of a third gender. The Pima people call them ʼuvïkvaḍ (pronounced [ˈʔuvɨkvaɖ]; plural: ʼuʼuikvaḍ).[25] Pima two-spirit individuals did not cross-dress but "act[ed], talk[ed], and express[ed] themselves like members of the opposite sex, showing an interest in duties and work of the other sex, and a marked preference for their companionship."[26] According to Pima mythology, "many years ago it happened that in the Pima country there was a shortage of materials for making bows and arrows. They sent word to the Pagago. The Papago cut wood for bows and arrow-weed for arrow shafts. They also collected feathers and sinew. They put these materials in two net carrying frames. Two Papago boys placed these women's carrying devices on their backs and brought the materials to the Pima. When the boys returned home they became berdaches." It is likely that they were able to marry men. If so, this would have allowed for marriages between two biological males to be performed in the tribe.[27]

Modern terms for a gay or lesbian person include cocpémetx (pronounced [kokˈpɛːmːɛːtχ]) in the Seri language and sebe (pronounced [ˈseβe]) in the Yaqui language, but it is not believed that they occupied a similar cultural role as the Pima ʼuvïkvaḍ.[28][29]

Marriage statistics

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Two women married in Nogales on 5 April 2017, making them the first same-sex couple to marry in the city.[30][31] A second same-sex marriage occurred in the same city later that same month.[32] The first same-sex marriage in Guaymas was performed on 8 April 2017.[33] By June 2017, 23 same-sex marriages had been performed in the state; 15 in Hermosillo and the remainder in Nogales, Guaymas, San Luis Río Colorado and Puerto Peñasco.[34] 32 same-sex couples married in the state between May 2015 and November 2017.[35]

The following table shows the number of same-sex marriages performed in Sonora since 2021 as reported by the National Institute of Statistics and Geography.[36]

Number of marriages performed in Sonora
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2021 61 26 97 14,184 14,271 0.68%

Public opinion

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A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of Sonora residents supported same-sex marriage, while 46% were opposed.[37]

According to a 2018 survey by the National Institute of Statistics and Geography, 31% of the Sonora public opposed same-sex marriage, the third lowest in all of Mexico behind Baja California (31%) and Mexico City (29%)[38]

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 Mayo: Öw ento jamut leeytaw bicham nanancha bexre. Am suayanakeentok naw aanim anianake.[14]
    In Yaqui: O’outa into jamuttat ju lei lutu’uria nanancha am eiya. Ini juka pamiliata emo nakeka a yo’oturiawamta ania.[15]
    In Oʼodham: ‘ɨgai kɨlɨ kechi ‘ɨgai okaxi an nukado ‘ɨpa ‘ɨma’axi amai tɨ’iyaga ichi nukda kechi gɨ’ɨli o’obhara tama.
    In Seri: Ziix quiisax quih ctam xah, cmaam xah, hapaspoj caaixaj icaaitom quih iti hant yaii quih ziix tazo pte yamiisot iha. Ziix quih oaanloj xah, ziix quih iic cöisiipt ha quih chaa tintica poco tax iicp ano cösinol aha.

References

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  1. ^ "Sonora Ciudadana - Post". sonoraciudadana.org.mx. Archived from the original on 18 January 2016. Retrieved 12 May 2016.
  2. ^ Saul D.Martinez (31 July 2014). "A un paso de ser realidad, primer boda gay en SLRC". LaCronica.com. Archived from the original on 9 November 2014. Retrieved 12 May 2016.
  3. ^ "Avanza amparo para boda civil". oem.com.mx. Archived from the original on 4 March 2016. Retrieved 12 May 2016.
  4. ^ Gina RodrÃguez (9 September 2014). "Otra pareja homosexual interesada en matrimonio en SLRC". LaCronica.com. Archived from the original on 11 September 2014. Retrieved 12 May 2016.
  5. ^ "Esperan resolución de matrimonio gay". San Luis Digital. Archived from the original on 5 June 2016. Retrieved 12 May 2016.
  6. ^ "Autorizan boda gay en SL". oem.com.mx. Archived from the original on 24 September 2015. Retrieved 12 May 2016.
  7. ^ Saul D.Martinez (23 October 2014). "Logran sentencia para "matrimonio gay"". LaCronica.com. Archived from the original on 3 March 2016. Retrieved 12 May 2016.
  8. ^ "Juez da "luz verde" a primer boda gay". Archived from the original on 9 November 2014. Retrieved 12 May 2016.
  9. ^ "El 13 celebrarán la primera boda homosexual". oem.com.mx. Archived from the original on 4 March 2016. Retrieved 12 May 2016.
  10. ^ "First same-sex marriage in Mexican state of Sonora performed today". San Diego Gay and Lesbian News. Archived from the original on 25 April 2019. Retrieved 12 May 2016.
  11. ^ "Surge nuevo caso de matrimonio "gay"". Archived from the original on 24 October 2014. Retrieved 12 May 2016.
  12. ^ Acuña, Diana (27 February 2015). "Aprueban segunda boda gay en SLRC". El Imparcial. Archived from the original on 27 February 2015. Retrieved 27 February 2015.
  13. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 6 March 2022. Retrieved 5 February 2022.
  14. ^ "Koxtitusion Poríitika Mejikopo Nesaweme" (PDF) (in Mayo). Archived from the original (PDF) on 1 August 2022. Retrieved 1 August 2022.{{cite web}}: CS1 maint: unrecognized language (link)
  15. ^ "Ejtao Unilo Mejikanom Kojtitusion Poliitika" (PDF) (in Yaqui). Archived from the original (PDF) on 1 August 2022. Retrieved 1 August 2022.{{cite web}}: CS1 maint: unrecognized language (link)
  16. ^ "Un total de 26 parejas gay han solicitado amparos para casarse en Sonora". EXPRESO (in Spanish). 1 September 2016. Archived from the original on 5 October 2016. Retrieved 4 October 2016.
  17. ^ Ulises Gutiérrez (13 January 2010). "Proponen matrimonio homosexual en Sonora". La Jornada (in Spanish). Archived from the original on 4 June 2011. Retrieved 16 January 2010.
  18. ^ "El Universal - - Sonora tambin rechaza matrimonios gay". eluniversal.com.mx. 20 July 2013. Archived from the original on 3 September 2014. Retrieved 12 May 2016.
  19. ^ "Federal Judge Gives Sonoran Congress Until December To Enact Marriage Equality Reforms". Fronteras. 3 August 2021. Archived from the original on 20 November 2021. Retrieved 20 November 2021.
  20. ^ "Sonora aprueba el matrimonio igualitario; ya son 24 estados". 23 September 2021. Archived from the original on 24 September 2021. Retrieved 24 September 2021.
  21. ^ "Héctor y Carlos, los primeros en casarse bajo Ley de Matrimonio Igualitario". El Sol de Hermosillo (in Spanish). 22 October 2021. Archived from the original on 29 October 2021. Retrieved 20 November 2021.
  22. ^ "Da Registro Civil apertura a matrimonios entre personas del mismo sexo". UniObregon. 11 May 2016. Archived from the original on 13 May 2016. Retrieved 12 May 2016.
  23. ^ "Proyectan diputados reformar Código de Familia". CRÍTICA. 13 May 2016. Archived from the original on 25 April 2019. Retrieved 15 May 2016.
  24. ^ "Reitera Estado, parejas gay sí requieren de amparo para casarse". UniradioInforma.com. 18 May 2016. Archived from the original on 1 December 2017. Retrieved 19 May 2016.
  25. ^ "Pima Dictionary: ʼuvïkvaḍ" (PDF). Archived from the original (PDF) on 4 November 2019. Retrieved 15 August 2022.
  26. ^ Will, W.W. (1938). "Note on the Pima Berdache" (PDF). American Anthropologist. 40.
  27. ^ Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures. University of Texas Press. ISBN 0-292-74701-2.
  28. ^ Moser, Mary Beck; Marlett, Stephen A. (2005). Comcáac quih yaza quih hant ihíip hac (PDF). University of Sonora.
  29. ^ "Diccionario Yaqui-Español" (PDF). University of Sonora. 2016. p. 171.
  30. ^ "First same-sex marriage celebrated in Nogales, Sonora last week". 14 April 2017. Archived from the original on 9 May 2017. Retrieved 18 April 2017.
  31. ^ (in Spanish) Registran el primer matrimonio homosexuel en Nogales Archived 7 February 2019 at the Wayback Machine
  32. ^ (in Spanish) Celebran en Sonora segundo matrimonio igualitario Archived 7 February 2019 at the Wayback Machine
  33. ^ (in Spanish) CELEBRAN EN GUAYMAS EL PRIMER MATRIMONIO IGUALITARIO Archived 10 January 2020 at the Wayback Machine
  34. ^ Open thread 6/14 Archived 25 April 2019 at the Wayback Machine Equality on Trial
  35. ^ (in Spanish) Comunidad lésbico-gay de Sonora pide legalizar matrimonio igualitario Archived 7 February 2019 at the Wayback Machine
  36. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 17 October 2020. Retrieved 7 February 2021.
  37. ^ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine, Gabinete de Comunicación Estratégica
  38. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019. Archived from the original on 16 April 2019. Retrieved 3 September 2019.

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