Recognition of same-sex unions in Mexico

In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation.^[1] As of November 2009^[update] no state recognizes nor performs same-sex marriages, but civil unions between same-sex couples are legally performed and recognized in Mexico City and in the northern state of Coahuila,^[2] whose legal residents constitute 10.31% of the national population approximately.^{[nb 1]} Nevertheless, on November 2009, the leading party at the Legislative Assembly of the Federal District announced that is fine-tuning an amendment to the Civil Code to legalize same-sex marriage in Mexico City;^[3] a project that is endorsed by the local Head of Government^[4] but strongly opposed by the second largest political force in the country, the right-of-center National Action Party, which threatened to neutralize it with an amendment banning LGBT adoption.^[5]

Civil unions

Civil unions are legal in Mexico City and in the northern state of Coahuila.

Mexico City

On November 9, 2006 (fr), Mexico City legalized civil unions between same-sex couples. It came into force on March 16, 2007^[6] The first gay couple is journalist Antonio Medina, 38, and economist Jorge Cerpa, 31 ^[7].

The new law called Ley de Sociedad de Convivencia (Spanish Wikipedia) grants the following rights and has the following limitations:

Rights

• Allows the disposition of one party's estate in the event of death.
• Generates the requirement mutual provision of food & basic needs.

Limitations

• Does not allow same-sex marriage
• Does not allow adoption by same-sex couples.
• Omits social security benefits
• Does not allow medical coverage or seeking a credit as a partnership.
• Ending the union does not require the consent of both parties, and neither party shall have any claims against the other. Fault is not a consideration.
• If a Mexican and a foreigner enter a civil union, the foreigner does not get the same benefits he/she would get regarding the acquisition of the Mexican Nationality were they to be legally married.

Coahuila

A similar law creating a Pacto Civil de Solidaridad (es) was adopted in the northern state of Coahuila on January 11, 2007^[8].

On January 31, 2007 the first civil union in the state took place. It was between two women from Matamoros, Tamaulipas, Karina Almaguer and Karla López, in state capital Saltillo^[9].

Pending Legislation

As of 2009, the state of Michoacán^[10] is considering passing a similar bill on civil unions (sociedad de convivencia) to the one currently existing in Mexico City. Additionally, gay rights legislation that could likely include civil unions is being debated in the states of Jalisco, Guerrero and Puebla.^[11]

In July 2009, the Party of the Democratic Revolution introduced a formal initiative to legalise civil unions in the western state of Colima.^[12] Nevertheless, in August 2009, the local legislature decided not to take up the initiative, following widespread opposition from right-wing groups.^[13]

Same-sex marriage

It was announced in November 2008 that two bills are pending in Mexico City — one which would recognize marriage between members of the same sex and another which would require procreation to be a necessary component of a marriage. Updates on either of the bills has yet to surface as of April 2009.^[14]

Public opinion

In a Parametría poll, respondents were asked if they would support a constitutional amendment that would legalize same-sex marriage; 17% responded yes, 61% said no and 14% had no opinion.^[15] The same poll showed 28% in support of same-sex civil unions, 41% were opposed and 28% had no opinion.

The Mexican Federal District approved the first law establishing civil unions in Mexico on November 9, 2007. The members of the PAN, and a member of New Alliance were the only legislators that voted against it^[16].

The same year, the local legislature of Coahuila approved the law of civil unions to which the PAN also opposed ^[17]. The PAN also presented an unconstitutionality resource before the Supreme Court of Justice of the State of Coahuila, alleging that the constitution has vowed to protect the institution of the family^[18].

Guillermo Bustamente Manilla, member of the PAN, president of the National Parents Union (UNPF) and father of Guillermo Bustamante Artasánchez, law director of the Secretary of the Interior, opposes abortion and same-sex civil unions^[19], and has called the latter as "anti-natural"^[20]. He has publicly asked voters not to cast votes for "abortionists" parties and those who are in favor of homosexual relationships^[21].

See also

• LGBT rights in Mexico

Notes

1. ^ The sum of legal residents of the Mexican Federal District (8,836,045) and Coahuila (2,495,200) divided by the total population of Mexico (109,955,400) according to the National Institute of Statistics and Geography (INEGI).

References