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Same-sex marriage in Tabasco

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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.
LGBTQ portal

Same-sex marriage has been legal in Tabasco since 27 October 2022. A bill to legalise same-sex marriage was passed by the Congress of Tabasco on 19 October 2022.[1] It was signed by Governor Carlos Manuel Merino Campos, and published in the official state journal on 26 October, taking effect the next day.[2][3] Tabasco was the fourth-to-last state in Mexico to legalize same-sex marriage.

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Background

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

The Mexican Supreme Court ruled on 12 June 2015 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. Specifically, the court ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family."[a]

On 18 February 2015, a local newspaper announced that the first same-sex marriage had occurred in Villahermosa on 13 February after a legal appeal to the Supreme Court.[6] By May 2017, ten same-sex couples had married in Tabasco via the recurso de amparo remedy.[7]

Legislative action

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Debate surrounding the legalization of same-sex marriage or civil unions emerged in Tabasco in 2009, simultaneously with the discussion then-ongoing in Mexico City. Following the passage of legislation legalizing same-sex marriage in Mexico City in December 2009, debate gained traction in Tabasco. In 2009, a group of 20 same-sex couples sent a motion to the Congress of Tabasco asking that they be allowed to marry.[8] The state's largest political parties, the Institutional Revolutionary Party (PRI) and the Party of the Democratic Revolution (PRD), announced their support for same-sex marriage in 2010.[9] Despite the support of these political parties, there was little legislative will to change the law. As a result, an initiative to reform article 154 of the Civil Code to legalize same-sex marriage was presented by the LGBT organization Tabasqueños Unidos por la Diversidad y la Salud Sexual (Tudyssex) in April 2014,[10] but it stalled and was not voted on.

The Party of the Democratic Revolution submitted another same-sex marriage bill on 3 July 2015, following a ruling from the Supreme Court that same-sex marriage bans are unconstitutional nationwide.[11] On 18 May 2016, a lawmaker said that there was consensus in Congress to approve the bill submitted by the PRD,[12] but eventually no vote happened. The July 2018 elections resulted in the National Regeneration Movement (MORENA), which had expressed support for same-sex marriage in its party platform, winning the majority of legislative seats in Congress and the governorship. In November 2021, the president of Tudyssex, José Cruz Guzmán, criticised the inaction of the state Congress.[13] MORENA had been reportedly reluctant to pass same-sex marriage legislation due to opposition from conservative groups.[14] In April 2022, activists said they were working with MORENA deputies to introduce a bill to legalize same-sex marriage.[15]

Passage of legislation in 2022

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A same-sex marriage bill was introduced to Congress on 12 October 2022 by Deputy José de Jesús Hernández Díaz. It was approved by a Congress committee on 17 October with 4 votes in favour and 2 abstentions,[16] and a final vote was scheduled for Wednesday, 19 October. Congress passed the bill on 19 October by 23 votes to 5 with seven abstentions.[17] Deputy Emilio Antonio Contreras Martínez de Escobar, a supporter of the legislation, said that "[i]t is necessary that, as representatives of society, we listen and represent society through this type of legislative actions". Opponents of the legislation organised prayer rallies outside the Congress building.[18][19] The law was signed by Governor Carlos Manuel Merino Campos, and published in the official state journal on 26 October, taking effect the next day.[2]

Article 154 of the Civil Code was amended to read:

  • in Spanish: El matrimonio, es la unión libre de dos personas, mayores dieciocho años de edad, indistintamente del género, para realizar la comunidad de vida, en donde ambos se procuran respeto, igualdad y ayuda mutua.
  • (Marriage is the free union of two people, who are over eighteen years of age, regardless of gender, to form a community of life, where both partners seek respect, equality and mutual aid.)
Political party Members Yes No Abstain
National Regeneration Movement 21 17 4
Party of the Democratic Revolution 6 3 3
Institutional Revolutionary Party 4 2 2
Ecologist Green Party of Mexico 3 3
Citizens' Movement 1 1
Total 35 23 5 7

Public opinion

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According to a 2018 survey by the National Institute of Statistics and Geography, 56.5% of the Tabasco public opposed same-sex marriage, the second highest in Mexico after the neighboring state of Chiapas at 59%.[20]

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.[4]
    In Chontal Maya: Ni yinik i ni ixik jin tomp'ejo' tupɨnte' ni jɨpt'an. Jinda umek'e' ni woyomjo' i ni uch'ijiba ta ni fa'milya.[5]

References

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  1. ^ "Same-sex marriage has been approved in Tabasco". Mexico Daily News. 21 October 2022.
  2. ^ a b "Decreto 079". Periódico Oficial del Estado Libre y Soberano de Tabasco (in Spanish). 26 October 2022.
  3. ^ "No se ha recibido ningún recurso contra aprobación del matrimonio igualitario, señala coordinadora de Asuntos Jurídicos". XEVA News Tabasco (in Spanish). 28 October 2022.
  4. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 2022-03-06. Retrieved 2022-02-25.
  5. ^ "TUSLOMJƗPOM POLITIKA TA TEROMKAJO' UNTE'JO' AJKƗBNAJO'" (PDF). INALI. Archived (PDF) from the original on 2018-07-22. Retrieved 2022-02-25.
  6. ^ de la Cruz, Arnulfo (18 February 2015). "Boda gay en Tabasco". tabascohoy.com. Archived from the original on 18 February 2015. Retrieved 17 June 2019.
  7. ^ Guzmán, Armando (4 May 2017). "Amparo permite décimo matrimonio entre personas del mismo sexo en Tabasco". Proceso (in Spanish). Archived from the original on 23 March 2019. Retrieved 17 June 2019.
  8. ^ Grillo, Ioan (24 December 2009). "Mexico City's Revolutionary First: Gay Marriage". Time.com. Archived from the original on 4 November 2012. Retrieved 26 December 2009.
  9. ^ Hernández, Fernando (15 January 2010). "A favor PRI y PRD del aborto y matrimonios gays". El Heraldo de Tabasco (in Spanish). Organización Editorial Mexicana S.A. de C.V. Archived from the original on 14 March 2012. Retrieved 21 January 2010.
  10. ^ Cruz Guzmán, José (30 April 2014). "Presentarán iniciativa de matrimonio gay en Tabasco". SDPnoticias.com (in Spanish). Archived from the original on 25 April 2019. Retrieved 17 June 2019.
  11. ^ "Presentan propuesta a favor de matrimonios entre personas del mismo sexo". H. Congreso del Estado de Tabasco 1. 3 July 2015. Archived from the original on 18 January 2016. Retrieved 17 June 2019.
  12. ^ Hernández, Fernando (18 May 2016). "Aprobarían bodas gay en 2do. Periodo de Sesiones". El Heraldo de Tabasco. Organización Editorial Mexicana S.A. de C.V. Archived from the original on 20 May 2016. Retrieved 17 June 2019.
  13. ^ "24 estados han aprobado el matrimonio igualitario... ¿Y Tabasco?". El Heraldo (in Spanish). 4 November 2021. Archived from the original on 25 February 2022. Retrieved 25 February 2022.
  14. ^ "Se resiste Morena a legislar el matrimonio igualitario en Tabasco". El Heraldo de Tabasco (in Spanish). 6 March 2022. Archived from the original on 10 March 2022. Retrieved 20 March 2022.
  15. ^ "Agenda LGBT+: Ley de identidad y matrimonio igualitario en Tabasco". El Heraldo de Tabasco (in Spanish). 2 April 2022. Archived from the original on 3 April 2022. Retrieved 3 April 2022.
  16. ^ "Tabasco aprueba en comisiones el matrimonio igualitario". HidrocálidoDigital.com (in Spanish). 17 October 2022.
  17. ^ "El Congreso de Tabasco aprobó el matrimonio igualitario". infobae (in Spanish). 19 October 2022.
  18. ^ "El estado mexicano de Tabasco aprueba el matrimonio igualitario". Swissinfo.ch (in Spanish). 20 October 2022.
  19. ^ "Congreso de Tabasco aprueba el matrimonio igualitario". Proceso (in Spanish). 19 October 2022.
  20. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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