Lesbian, gay, bisexual, and transgender LGBT rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico —67 resulted in the adoption of the Napoleonic Code , which decriminalized same-sex sexual acts in Change is slower in the hinterlands, however, and even in large cities discomfort with change often leads to backlashes. On 3 June , the Supreme Court of Justice of the Nation released a "jurisprudential thesis" in which the legal definition of marriage was changed to encompass same-sex couples. Laws restricting marriage to a man and a woman were deemed unconstitutional by the court and thus every justice provider in the nation must validate same-sex unions.
The Mexican Supreme Court has limited legal power. Supporters of amending the code vowed Mexico same sex marriage appeal the decision. El Heroico in Spanish. In Mexico, some jurisdictions allow same-sex couples to wed, while others do not. Archived from the original on 18 February Ambiguous, LGBT soldiers marriave in a "legal limbo". His statement was echoed by several deputies and government officials. Mexico City, Mexico: La Journada. Retrieved 10 September
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A Supreme Court press spokeswoman said that the court agrees with the administrative court that current regulations do not allow for same-sex marriages to be legally performed in Latvia. Same-sex marriage is also due to become legally performed and recognized in Costa Mexico same sex marriage [f]. Proponents of the first view believe that the primary goal of marriage is to provide a relatively uniform social institution through which to produce and raise children. Vietnam's Ministry of Justice began seeking advice on legalizing same-sex marriage from other governmental and non-governmental organizations in April and Mayand planned to further discuss Mexico same sex marriage issue at the National Assembly in Spring On 27 Augustthe Justice and Human Rights Committee announced it would enact a civil union law for same-sex couples. Archived from the original on 3 September Mexjco from Open adoption teen adoptees original on 16 December Archived from the original PDF on 17 January Mexico City. Informador Mqrriage in Spanish.
The marriage is the first same-sex marriage outside Mexico under Mexican law, a milestone in marriage equality for L.
- Same-sex marriage also known as gay marriage is the marriage of two people of the same sex or gender , entered into in a civil or religious ceremony.
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A growing number of governments around the world are considering whether to grant legal recognition to same-sex marriages. In Mexico, some jurisdictions allow same-sex couples to wed, while others do not.
The decision, which went into effect immediately, makes the Andean mountain nation the fifth country in Latin America to allow gays and lesbians to wed.
On Jan. The country had granted gay and lesbian couples the right to enter into a civil partnership in On Dec. Along with New Zealand, Australia became the second country in the Asia-Pacific region to make same-sex marriage legal. On June 30, , Germany became the 15th European country to enact legislation allowing same-sex couples to wed. On April 28, , Colombia became the fourth country in Catholic-majority South America to legalize same-sex marriage, following Argentina, Uruguay and Brazil.
Eleven years after same-sex marriage was first made legal in Massachusetts, the U. Supreme Court ruled that the Constitution guarantees it throughout the country. Before the ruling, 36 states and the District of Columbia had legalized same-sex marriage. See a timeline highlighting changes in state policies from On May 22, , Catholic-majority Ireland became the first country to legalize same-sex marriage through a popular referendum.
Same-sex marriage became legal in Finland starting in Finland becomes the last of the five Nordic countries to legalize same-sex marriage, joining Denmark, Iceland, Norway and Sweden.
In addition to allowing same-sex couples to marry and adopt, the legislation sets the legal age of marriage at 18 and eliminates the existing requirement that couples who want to marry must first submit to a medical exam.
On Feb. In addition to allowing same-sex couples to wed, the measure gives churches and other religious groups the option of deciding whether or not they want to conduct such marriages. The two largest churches in Scotland — the Church of Scotland and the Roman Catholic Church — oppose same-sex marriage and lobbied against the bill.
The day before, the measure had won final passage in the British Parliament after months of debate. The law only applies to England and Wales because Scotland and Northern Ireland are semi-autonomous and have separate legislative bodies to decide many domestic issues, including the definition of marriage.
The new law in England and Wales, which was a priority for British Prime Minister and Conservative Party leader David Cameron, allowed gay and lesbian couples to marry beginning March 29, However, the law prohibits same-sex weddings within the Church of England, which continues to define marriage as between one man and one woman.
On May 18, French President Francois Hollande signed into law a measure legalizing same-sex marriage, making France the 14th country to grant gays and lesbians the right to wed. True to their campaign promises, Hollande and the Socialists have pushed through a law that not only legalizes same-sex marriage but also gives gay and lesbian couples the right to adopt children—a provision that has drawn especially strong criticism from French Catholic leaders.
While recent polls show that a majority of French adults support the law, opposition to the change has been intense. Since the beginning of , several anti-gay marriage protests with occasionally volatile crowds numbering in the hundreds of thousands have taken place in Paris and elsewhere. On April 17, the New Zealand Parliament gave final approval to a measure that legalizes same-sex marriage, making the Pacific island nation the 13th country in the world and the first in the Asia-Pacific region to allow gays and lesbians to wed.
The law took effect in August In , New Zealand enacted legislation allowing same-sex couples to enter into civil unions. The measure not only legalizes same-sex marriage but also allows for gay and lesbian couples to adopt children. Civil unions have been permitted in Uruguay since , and gay and lesbian couples were given adoption rights in A Pew Research Center study on the global religious landscape as of found that roughly four-in-ten Uruguayans are unaffiliated with a particular religion.
About 58 percent of Uruguayans are Christian; in the Latin America-Caribbean region as a whole, 90 percent of the population is Christian. The measure was enacted into law a few days later when Queen Margrethe II gave her royal assent to the bill. In , Denmark became the first country to allow same-sex couples to register as domestic partners. And in , the country enacted a law allowing gay couples in registered partnerships the right to adopt children. With the legalization of gay marriage, the Evangelical Lutheran Church in Denmark which is the state church , is required to allow same-sex couples to marry in churches.
In addition, the law leaves it up to other religious groups to determine whether or not to allow same-sex weddings in its churches. In July , Argentina became the first country in Latin America to legalize same-sex marriage. In spite of vigorous opposition from the Catholic Church and evangelical Protestant churches, the measure passed both houses of the Argentine legislature and was signed into law by President Cristina Fernandez de Kirchner.
The law grants same-sex couples who marry all the rights and responsibilities enjoyed by heterosexual couples, including the right to adopt children. In June , Portugal became the eighth country to legalize same-sex marriage. Its parliament had passed the measure legalizing gay marriage earlier in In April , the Constitutional Court declared the law to be constitutionally valid.
It was signed by Silva in May of that year and took effect one month later. A measure legalizing same-sex marriage passed the Icelandic legislature in June Iceland had allowed same-sex couples to register as domestic partners since A decade later, the parliament passed a measure allowing gay couples to adopt children. In April , the Swedish parliament voted by an overwhelming majority to legalize same-sex marriage. Gay couples in Sweden had been allowed to register for civil unions since The law allows gays and lesbians to marry in both religious and civil ceremonies, but it does not require clergy to officiate at such ceremonies.
The Lutheran-affiliated Church of Sweden, to which roughly three-quarters of all Swedes belong, has offered blessings for same-sex partnerships since January Since January , gay couples in Norway legally have been able to marry, adopt children and undergo artificial insemination.
The new law, which was passed in , replaced a law permitting civil unions. It passed despite resistance from members of the Christian Democratic Party and the Progress Party, as well as a public controversy over state funding for fertility treatments for lesbian couples. The largest religious group in the country, the Lutheran-affiliated Church of Norway, initially voted to prohibit its pastors from conducting same-sex weddings.
But the Church of Norway changed course and began sanctioning same-sex weddings in early The new law allows for religious institutions and civil officers to refuse to conduct same-sex marriage ceremonies, a provision that critics claim violates the rights of same-sex couples under the constitution.
The new measure passed by a margin of greater than five-to-one, with support coming from both the governing African National Congress as well as the main opposition party, the Democratic Alliance.
A closely divided Spanish parliament legalized same-sex marriage in , guaranteeing identical rights to all married couples regardless of sexual orientation.
Vatican officials, as well as the Catholic Spanish Bishops Conference, strongly criticized the law, and large crowds demonstrated in Madrid for and against the measure. The high court ruled that the lower court judges lacked legal standing to bring the suits. In , the Canadian Parliament passed legislation making same-sex marriage legal nationwide. In , lawmakers defeated an effort by the ruling Conservative Party of Canada to reconsider the issue, leaving the law unchanged.
Beginning in , the Belgian parliament offered limited rights to same-sex couples through registered partnerships. Same-sex couples could register with a city clerk and formally assume joint responsibility for a household. Five years later, in January , the Belgian parliament legalized same-sex marriage, giving gay and lesbian couples the same tax and inheritance rights as heterosexual couples.
Support for the law came from both the Flemish-speaking North and the French-speaking South, and the law generated surprisingly little controversy across the country. The long-dominant Christian Democratic Party, traditionally allied with the Catholic Church, was out of power when the parliament passed the measure.
The law allowed the marriages of Belgian same-sex couples and recognized as married those from other countries where same-sex marriage was legal. Those provisions were broadened in to allow any same-sex couple to marry as long as one member of the couple had lived in Belgium for at least three months.
In , the parliament also granted same-sex partners the right to adopt children. In December , the Netherlands became the first country to legalize same-sex marriage when the Dutch parliament passed, by a three-to-one margin, a landmark bill allowing the practice.
The legislation gave same-sex couples the right to marry, divorce and adopt children. The only opposition in parliament came from the Christian Democratic Party, which at the time was not part of the governing coalition. Although Muslim and conservative Christian groups continue to oppose the law, same-sex marriage is widely accepted by the Dutch public. In , the Mexican Supreme Court issued a ruling making it much easier for gay and lesbian couples to wed. The decision gave same-sex couples the right to seek a court injunction against state laws banning gay marriage; although it did not technically legalize same-sex unions nationwide, it was a major step in that direction.
Since , the southern Mexican state of Quintana Roo also has allowed gay marriages. In , the congress of the northern state of Coahuila approved same-sex marriage, and in , neighboring Chihuahua followed suit.
About Pew Research Center Pew Research Center is a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping the world. It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts.
Countries that allow same-sex marriage Alphabetical list of countries. Research Areas U.
It would ultimately produce a new national organization called the Movement for Equality in Mexico, which launched a Facebook page on May Archived from the original on 16 December The Unitarian Universalist churches and the gay-oriented Universal Fellowship of Metropolitan Community Churches fully accepted same-sex marriage. Some additional states allow stepchild adoption by those who are in a same-sex relationship but are unmarried: Croatia , Estonia , Italy on a case-by-case basis , Slovenia and Switzerland. The decree took effect on 11 November The establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation. Marriage performed.
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Main article: Same-sex marriage in Hidalgo. Main article: Same-sex marriage in Jalisco. Main article: Same-sex marriage in Nayarit. Main article: Same-sex marriage in Oaxaca. Main article: Same-sex marriage in Puebla. Main article: Same-sex marriage in Quintana Roo. Main article: Same-sex marriage in Guerrero. Same-sex couples allowed to marry.
Same-sex couples are required to receive an injunction before getting married. Main article: Same-sex marriage in Sonora. Main article: Same-sex marriage in Tlaxcala. Main article: Same-sex marriage in Zacatecas. LGBT portal Mexico portal. In Nahuatl : Inin kin manauis nejchikolis uan iueixka iuikaluan. Despite this, in several of the relevant states, the state Civil Registry and many local municipalities chose to issue marriage certificates to same-sex couples prior to this date.
Retrieved 15 December SDP Noticias. Archived from the original on 22 February Retrieved 5 April El Universal in Spanish. Retrieved 29 March New York Times. Retrieved 30 July Retrieved 5 January CBS News. Retrieved 27 August Retrieved 23 September Archived from the original on 6 January Retrieved 2 January Proceso in Spanish. Retrieved 20 April Retrieved 13 June Retrieved 27 February Lester Feder 18 February Archived from the original DOC on 3 September Retrieved 3 July Archived from the original on 1 January Minneapolis Star Tribune.
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Mexico's LGBT rights are stronger than the US's. Here's why | World Economic Forum
In Mexico , only civil marriages are recognized by law, and all its proceedings fall under state legislation. In addition, courts in all states must approve marriage licenses for same-sex couples when petitioned to do so; individual same-sex marriages have occurred in every state.
From to , they were also performed in the state of Colima, but were replaced by same-sex marriage legislation. Since August , same-sex marriages performed within Mexico are recognized by the 31 states without exception, and fundamental spousal rights such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system also apply to same-sex couples across the country.
In June , the Mexican Supreme Court ruled that same-sex marriage bans are unconstitutional. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, but standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages.
On 9 November , after several years of consideration, the Legislative Assembly of Mexico City approved a civil union law called Ley de Sociedades de Convivencia. It was the first such law in Mexico, soon followed by the northern state of Coahuila in January On 21 December , Mexico City became the first Latin American jurisdiction to legalize same-sex marriage.
The law became effective on 4 March On 5 August , the Supreme Court voted 8—2 to uphold the constitutionality of Mexico City's same-sex marriage law. On 28 November , the first two same-sex marriages occurred in Quintana Roo after discovering that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage,  but these marriages were later annulled by the Governor of Quintana Roo in April A Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico, through the recurso de amparo process.
Using international decisions, whose verdicts serve as legal precedent in Mexican courts, like the protections in the American Convention on Human Rights Atala Riffo and Daughters v. Chile case,  the U. Virginia and Brown v. Board of Education and Mexico's own anti-discrimination ordinances,  the Supreme Court of Justice of the Nation ruled on 5 December that: 1 Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violated federal law requiring that they "correspond to all persons without any distinction" and 2 That such laws were unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form a family.
A landmark decision, issued on 29 January , was the first injunction for marriage recognition in Puebla. The injunction required IMSS to extend benefits equal to married heterosexual couples' benefits to gays and lesbians who are married or have entered into civil unions throughout Mexico.
A decision of the Mexico Supreme Court on 12 June resulted in a ruling that found that state bans on same-sex marriage were unconstitutional. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, meaning same-sex couples denied the right to wed would still have to seek individual injunctions. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages,   and made the approval mandatory.
It can only do so one at a time and under specific circumstances. On 20 December , the National Human Rights Commission submitted a general recommendation to all state executive and legislative bodies, requesting them to allow same-sex marriages in their jurisdictions.
Any amendment to the Constitution requires support of at least a two-thirds majority in Congress and ratification from a simple majority of the 31 states. The Court found that the wording of articles 6, 39, 40, and , and sections I and II of the ISSSTE Act violated the rights of same-sex couples to affiliate as beneficiaries of the Institute, and thus, those articles violate the principle of equality and non-discrimination established in Articles 1 and of the Constitution.
The ruling states that all same-sex couples in Mexico have a nationwide right to establish and maintain a family life, whether through procreation, adoption or other means derived from scientific advances. On 19 October , a Mexican federal court ruled that Mexico must recognize same-sex marriages performed in Mexican consulates and embassies abroad as long as one partner is a Mexican citizen.
In late November, Senator Ricardo Monreal introduced a bill to Congress to allow same-sex marriages in Mexican consulates without the need for an amparo. On 16 May , the Secretary of Foreign Relations issued a decree authorizing same-sex marriages without amparo in all Mexican consulates.
The Constitution of Mexico does not explicitly define nor ban same-sex marriage. The Constitution does contain various articles protecting the "integrity of the family" and the "fraternity and equality of rights of all" and forbidding "any form of discrimination, based on [ On these bases, the Mexican Supreme Court has ruled that banning same-sex marriage is unconstitutional. Article 4 provides that men and women have an equal right to marry,   reading that "the law shall protect the organization and development of the family.
When a court in Mexico rules that an existing law is unconstitutional in five separate and consecutive amparos , using identical language in each ruling, this creates jurisprudence against that law and bounds the state legislatures to change the law.
This process is called recurso de amparo. When a same-sex couple is denied the right to marry, they can file an amparo with a court to request that they be allowed to legally marry.
Since , the courts have been obliged to rule in favor of same-sex couples seeking marriage certificates. An amparo may be invoked when a person feels their rights have been violated. The process is not expensive, but is "time-consuming". The English word " injunction " can be used to refer to amparos. Several states have chosen to ignore or delay the implementation of same-sex marriage.
A different procedure exists. The Court gives the state a deadline by which it must modify its laws, usually 90 or business days.
If the state fails to change its laws to allow same-sex marriage by that date, the SCJN will issue a "General Declaration of Unconstitutionality" Spanish : Declaratoria General de Inconstitucionalidad and struck the law down. In these cases, the amparo is also called a "resolution". However, state authorities in several of these states have intentionally delayed and blocked attempts to legalize same-sex marriage in their civil codes, stating among others that they have not yet received the "General Declaration of Unconstitutionality".
In Mexico, they can only be filed within 30 days after the law has come into force. As many state marriage laws in Mexico are decades-old, LGBT groups cannot file an action of unconstitutionality against these laws.
However, if these laws are modified by the state legislatures, then this qualifies for an action of unconstitutionality. For instance, in , the Congress of Puebla modified its marriage laws, but left intact provisions outlawing same-sex marriages. LGBT groups quickly filed an action of unconstitutionality. Actions of unconstitutionality are reviewed by the full bench of the Mexican Supreme Court. The Court decides whether these laws are constitutional, and if they are not, they are struck down.
Unlike the amparo and resolution processes described above, the action of unconstitutionality process is absolute. The states cannot ignore it. The ruling was fully binding on Costa Rica and set binding precedent in other Latin American and Caribbean countries including Mexico.
In the wake of this ruling, LGBT advocacy groups in Mexico have urged the Government to abide by the ruling, and fully legalize same-sex marriage. Being the seat of the Powers of the Union , Mexico City did not belong to any particular state but to all.
After years of demanding greater political autonomy , residents were given the right to directly elect the Head of Government of Mexico City and the representatives of the unicameral Legislative Assembly by popular vote in In early September , modifications to the civil union agreement were drafted to eliminate discrimination on the basis of sexual orientation and dissolution support.
In essence, the law had provided that upon termination, domestic partners were only allowed support for a period equal to half the length of the partnership. The Supreme Court ruled that the provision was discriminatory as it accorded differential treatment in cases of partnership for cohabitation, marriage or concubinage. The bill changed the definition of marriage in the city's Civil Code from "a free union between a man and a woman" to "a free union between two people. In early January , the Constitutional Assembly of Mexico City voted, in its plenary session, to fully enshrine same-sex marriage in Mexico City's first Constitution.
From onwards, multiple same-sex marriage, concubinage and civil union bills were presented to the Congress of Aguascalientes , though all of them stalled due to inaction from the ruling party, PAN.
On 2 April , the full bench of the Supreme Court issued its ruling in the case, invalidating the state's same-sex marriage ban. On 23 August , shortly after the ruling of the Mexican Supreme Court requiring all states to recognise same-sex marriages validly performed in another state, state legislators introduced an amendment to article 7 of the Constitution of the State of Baja California, adding the definition of marriage as being the union of a man and a woman.
On 29 September , the Congress of Baja California voted 18—1 in favor of the amendment, and after approval by municipalities, it was published on 27 May A bill was introduced to the Baja California Congress on 12 February to fully legalise same-sex marriage in the state by changing article 7 of the state Constitution. On 3 November , the State Government announced that it would cease to enforce its same-sex marriage ban and that the Civil Registry will begin accepting applications for marriage licenses by same-sex couples.
The law took effect the following day. The law was published in the official state gazette on 16 May and came into effect on 20 May On 6 April , an action of unconstitutionality was filed before the Mexican Supreme Court.
On 11 June , the state Governor announced the state would no longer prevent same-sex marriages, making Chihuahua the fourth jurisdiction to legalize same-sex marriage. Additionally, according to the state National System for Integral Family Development , same-sex couples are allowed to adopt jointly in Chihuahua. In February , the Mexican Supreme Court issued its fifth resolution against Chihuahua, and ruled the state's Civil Code unconstitutional because it has not yet been modified to reflect the legalization of same-sex marriage.
In October , the 10th District Court ruled that should the Congress fail to update its laws "soon", it would hold legislators in contempt and order their dismissal from office.
The legalization of same-sex civil unions in Coahuila had started to be discussed as early as November , simultaneously with the discussion then ongoing in Mexico City. On 5 March , Congressman Samuel Acevedo Flores, from the Social Democratic Party, introduced a bill to the Congress of Coahuila to legalize same-sex marriages and adoption by same-sex couples.
A bill to legalize same-sex marriage in the state was unanimously approved by the Congress of Colima on 25 May The new law allows couples who previously contracted civil unions before the legislation was repealed to have them recognized by the state or converted to a marriage. As Mexico City and Coahuila had recently legalized civil unions, a similar proposal was introduced in Hidalgo in July After the election, a same-sex marriage bill was introduced to the state Congress.
It was published in the official journal on 10 June and took effect the following day. It did not legalize adoption and mandated that civil unions be performed with a civil law notary.
The first same-sex marriage in the state occurred via amparo in December On 26 January , the full bench of the Mexican Supreme Court unanimously declared the Civil Code unconstitutional for limiting marriage to heterosexual couples.
On 12 May , the Congress of Jalisco instructed all the state's municipalities to issue same-sex marriage licenses. On 27 August , the Justice and Human Rights Committee announced it would enact a civil union law for same-sex couples. On 9 February , the Justice and Human Rights Committee approved a Family Code that would allow same-sex marriage and joint adoption. The law allows couples to adopt children jointly. A constitutional change requires the ratification of at least 17 of the 33 municipalities in the state.
On 17 June , the New Alliance Party announced their intention to introduce a same-sex marriage bill. An Independent congressman announced his intention to submit his own civil union proposal with the support of the ruling PAN. On 26 August , a Mexican federal court judge ordered the state of Oaxaca to perform same-sex marriages based on a constitutional amendment which bans discrimination based on sexual orientation.
This ruling was reviewed by the Mexican Supreme Court and the Court issued a unanimous ruling against the ban on same-sex marriage. In July , a same-sex couple was successful in getting married without first receiving a court order. However, the process takes three business days, compared with two hours for opposite-sex couples.