Same-sex marriage in Guerrero

Same-sex marriage is not legal in the Mexican state of Guerrero. After the Supreme Court of Justice of the Nation's ruling, in which it ruled same-sex marriage bans unconstitutional, went into effect on 22 June, officials in Guerrero began announcing plans for a collective group wedding.[1] Governor Rogelio Ortega Martínez submitted a same-sex marriage bill to Congress on 7 July 2015 and instructed civil agencies to approve same-sex marriage licenses.[2] Legislators lamented they would have preferred to have the bill passed before marriages took place, but given the time line presented, it was unlikely.[3] On 10 July 2015, twenty same-sex couples were married by the Governor in Acapulco.[4]

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

Same-sex marriage legalization is not universal in the state. Several municipalities issue same-sex marriage licenses, covering 15% of the population in 2020, while others choose not to do so.

History
Same-sex unions performed in Mexican states
  Same-sex marriages performed.*
Stripes: Proportion of municipal coverage.
  Civil unions performed; marriage by amparo only.
  Marriage not performed (except by amparo) despite Supreme Court order.
  Marriage accessible by amparo or by traveling out of state.
*Legislation is not equal in all states. See details.

Legislation

A civil unions bill was debated in Guerrero in 2009,[5] but the legislation stalled.[6]

In 2014, LGBT rights organizations began pressing the Congress of Guerrero to approve same-sex marriage and adoption.[7]

On 7 July 2015, the state Governor submitted a same-sex marriage bill to Congress.[3] On 20 May 2016, PRI Deputy Vicario Castrejón announced that the bill was on the Congress' agenda; however, it has not yet been voted upon.[8]

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a pro-same-sex marriage party, winning the majority of legislative seats in Guerrero.[9] In January 2019, the state Justice Committee began analyzing the initiative to legalize same-sex marriage.[10]

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

The first same-sex marriage in Guerrero was announced for 28 September 2013,[11] but did not actually occur until 5 June 2014 in the town of Teloloapan, witnessed by Mayor Ignacio Valladares.[12] Valladares approved the couple's request for a marriage license based upon the Supreme Court of Justice's 2012 ruling that prohibiting same-sex marriage was unconstitutional.[13] However, Guerrero's Civil Code did not allow for same-sex marriage. Lawyers in the state declared that the marriage was both illegal and void and indicated that the Mayor could be prosecuted.[14]

On 20 December 2014, a same-sex ceremony was held in the city of Chilapa de Álvarez though the civil marriage was conducted in Iztapalapa in Mexico City. The couple expressed that they felt it was important for them to have a celebration complete with rings from their godparents, vows, and a toast with their friends and families in the city where they live and work, to help other same-sex couples gain societal acceptance.[15]

Executive decision

On 25 June 2015, following the Supreme Court's ruling striking down district same-sex marriage bans on a "jurisprudential" basis, a civil registrar of Guerrero announced that they had planned a collective same-sex marriage ceremony for 10 July 2015 and indicated that there would have to be a change to the law to allow gender-neutral marriage, passed through the state Congress before the official commencement.[1] The registry announced more details of their plan, advising that only select registration offices in the state would be able to participate in the collective marriage event.[16] The Governor instructed civil agencies to approve same-sex marriage licenses.[2] On 10 July 2015, 20 same-sex couples were married by Governor Rogelio Ortega in Acapulco.[4]

On 12 July 2015, the Civil Registry for the municipality of Tecpán de Galeana announced that the civil registration offices in that municipality which can accept same-sex marriage applications are Tecpán (which is the seat of the municipality), the town of San Luis de la Loma, the town of Tenexpa and Papanoa.[17]

On 13 January 2016, the head of the Civil Registry of Acapulco claimed that the 20 same-sex marriages that occurred on 10 July 2015 in Acapulco were void, as there was no law to permit same-sex marriage in the state.[18] On 13 February 2016, a day before mass Valentine's Day weddings were planned statewide, the head of Guerrero's State Civil Registry department announced that same-sex couples could marry in any of the municipalities that want to marry the couples and criticised Acapulco's Civil Registry and other civil registries throughout the state for not allowing these kinds of weddings. The department head stated that same-sex marriages conducted in Guerrero will be legally valid.[19]

Some Guerreran municipalities such as Chilpancingo de los Bravo, Taxco de Alarcón, Tecpán de Galeana and Zihuatanejo de Azueta marry same-sex couples, while others such as Acapulco refuse to do so.[20][21][22]

In March 2016, an LGBT rights group in the state began the process of filing lawsuits to have all municipalities perform same-sex marriages.[23]

Marriage statistics

By September 2015, approximately 60 same-sex marriages had occurred in the state. Most took place in the municipalities of Chilpancingo de los Bravo, Acapulco (married by the Governor) and Zihuatanejo de Azueta.[24]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of Guerrero residents supported same-sex marriage. 46% were opposed.[25]

According to a 2018 survey by the Instituto Nacional de Estadística y Geografía (INEGI), 54% of the Guerrero public opposed same-sex marriage.[26]

See also

References
  1. La Jornada. "A partir de julio, en Guerrero se permitirá casarse a parejas del mismo sexo". Lajornadaguerrero.com.mx. Archived from the original on 2015-07-01. Retrieved 2015-07-03.
  2. Allan Garcia (10 July 2015). "Acapulco holds mass gay wedding on beach". Agence France-Presse. Raw Story.
  3. "Recibe el Congreso iniciativa que permitirá matrimonios entre personas del mismo sexo" (in Spanish). Acapulco, Mexico: El Sur Periódico de Guerrero y Acapulco. 8 July 2015. Archived from the original on 8 July 2015. Retrieved 8 July 2015.
  4. "Se casan 20 parejas en boda colectiva de personas del mismo sexo en Guerrero" (in Spanish). Acapulco, Mexico: El Sur. 11 July 2015. Archived from the original on 11 July 2015. Retrieved 11 July 2015.
  5. Delsol, Christine (26 November 2008). "Mexico's top destinations for gay vacations". San Francisco, California: SF Gate. Retrieved 11 July 2015.
  6. Primer matrimonio gay en Guerrero, pese a que no hay ley de convivencia
  7. Pide Marcha Legalizar Matrimonios Gay
  8. "En proceso iniciativa para legalizar matrimonios gay en Guerrero" (in Spanish). Milenio.com. 20 May 2016.
  9. (in Spanish) Comunidad gay pide a Morena lograr matrimonio igualitario en Guerrero
  10. (in Spanish) Analiza Comisión de Justicia iniciativa sobre el matrimonio igualitario
  11. Se consuma el primer matrimonio gay en Acapulco; se casa Igor Petit
  12. Celebran la primera boda gay en Guerrero
  13. Mientras tanto, en Guerrero se llevó a cabo primera unión civil entre gays
  14. Ilegal y nulo, primer matrimonio gay en Guerrero
  15. Contrae matrimonio civil la primera pareja homosexual radicada en Chilapa - El Sur de Acapulco I Periódico de Guerrero Archived 2015-07-12 at the Wayback Machine
  16. Trujillo, Javier (29 June 2015). "Invitan a boda colectiva del mismo sexo en Acapulco" (in Spanish). Acapulco, Mexico: Milenio. Retrieved 30 June 2015.
  17. Valadez Luviano, Rodolfo (12 July 2015). "Hay cuatro oficialías en Tecpan para matrimonios del mismo sexo: oficial" (in Spanish). Tecpan, Mexico: La Jornada Guerrero. Retrieved 12 July 2015.
  18. Galarza, Cristian (13 January 2016). "Inválidos 20 matrimonios gays en Acapulco: Registro Civil". El Big Data.
  19. (in Spanish) Pueden casarse parejas del mismo sexo en las bodas del Día del Amor, informa el Registro Civil Archived 2016-12-28 at the Wayback Machine
  20. (in Spanish) Acapulco realizará boda masiva por el 'Día del Amor'
  21. (in Spanish) Megaboda gay fue ilegal, señalan abogados de Acapulco
  22. (in Spanish) Permitidas, las bodas gay en Zihuatanejo
  23. Promueve Iglesia ataques de homofobia, señala comunidad gay
  24. (in Spanish) Detetcta Registro Civil De Guerrero Más De Cien Métodos de Corrupción
  25. (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  26. "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019.
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