Same-sex marriage in Nuevo León

Same-sex marriage became legal in the Mexican state of Nuevo León on 31 May 2019,[1][2] with a ruling by the Supreme Court of Justice of the Nation (SCJN) on 19 February 2019 striking down articles 140 and 148 of the Civil Code which banned same-sex marriage. The SCJN further removed the requirement for individuals to obtain an amparo (injunction) for same-sex marriage in the state.[3][4][5]

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

By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Nuevo León, almost 20 individual injunctions were decided with the same outcome, yet the state did not act. In February 2019, the SCJN issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable. The ruling came into effect on 31 May upon publication in the Official Gazette of the Federation.

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.

Legislative action

On 17 June 2015, 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 22 June 2015, New Alliance member and Congress President, María Dolores Leal Cantú, presented the same-sex marriage bill.[6] On 16 May 2016, the president of the Legislative Commission of the State Congress announced that the bill would be voted on sometime in September,[7] but this did not happen.

In November 2017, the state's PAN leader announced that the Nuevo León Congress would not discuss the same-sex marriage bill. His statement came after LGBT groups organized a protest in favor of same-sex marriage in front of the Congress building.[8]

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

Despite same-sex marriage not being legal at the time, several same-sex couples were able to legally marry in individual cases, through a process called recurso de amparo.

In September 2013, a federal judge ordered the Civil Registry of Nuevo León to register the marriage of a female same-sex couple.[9] Governor Rodrigo Medina de la Cruz said his administration would abide by the order, but only for that specific case.[10]

On 13 November 2013, a male same-sex couple went to the Civil Registry office in San Pedro Garza García and made an application for a marriage license.[11] They were told to expect a response within one week. In December 2013, they filed a complaint with the help of the Comisión Estatal de Derechos Humanos de Nuevo León against the Registry for failure to provide them with an official response.[12]

In June 2014, it was reported that nine injunctions had been filed in the state, but only one had been resolved.[13] By October 2018, 17 amparos had been granted in the state.[14]

The State Constitutional Court held a hearing on 12 September 2014 to rule on an amparo filed by 50 people claiming that Articles 147 and 291 of the Civil Code were discriminatory for banning same-sex marriage.[15] On 16 October 2014, the Supreme Court declared the two articles unconstitutional and granted an injunction to the plaintiffs.[16]

In March 2015, it was confirmed that an amparo for 35 couples was pending in Nuevo León.[17]

On 17 February 2016, the First Chamber of the Supreme Court ordered the Governor of Nuevo León, Jaime Rodríguez Calderón, to recognize cohabitation between same-sex couples.[18]

In September 2016, the First Chamber of the Supreme Court declared various articles in the state's Civil Code unconstitutional for limiting marriage to opposite-sex couples.[19] On 19 October 2017, the First Chamber of the Supreme Court declared Article 147 of the Civil Code of Nuevo León unconstitutional for discriminating against same-sex couples.[20]

On 9 October 2018, the Mexican Supreme Court ruled that Nuevo León's Civil Code was unconstitutional and discriminatory because it limited marriage to different-sex couples. The court ordered the state Congress to change its Civil Code within 180 business days (i.e. 16 April 2019). However, in February 2019 prior to that deadline, the Supreme Court ruled in an action of unconstitutionality against the state (see below), legalizing same-sex marriage.[14]

Action of unconstitutionality

An action of unconstitutionality against Nuevo León's same-sex marriage ban was filed in February 2018.[21] Actions of unconstitutionality are different from the recurso de amparo process mentioned above, as the Supreme Court can directly and completely strike down a state law. The amparo process, on the other hand, requires the state legislatures to act and change the law. As such, many legislatures have chosen to intentionally delay or simply ignore these amparo rulings. Another difference is that actions of unconstitutionality can only be filed within 30 days after the law in question has gone into effect. In this case, the Congress of Nuevo León modified its marriage laws, but left intact provisions outlawing same-sex marriages. This qualified for an action of unconstitutionality, which LGBT groups quickly filed.

On 19 February 2019, the Supreme Court ruled that articles 140 and 148 of the Civil Code were unconstitutional for banning same-sex marriage, legalizing such marriages in the state of Nuevo León.[3][22][23] Governor Jaime Rodríguez Calderón expressed his opposition to the ruling,[24] and religious groups opposed to same-sex marriage asked Calderón to override or ignore the ruling, however, he does not have the power to do so.[25] Congress was officially notified of the ruling on 26 February.[26]

The ruling officially came into force on 31 May 2019 upon publication in the Official Gazette of the Federation (Diario Oficial de la Federación).[27] In the meantime, the Civil Registry began allowing same-sex couples to marry without the need for an injunction. The first couple, Janeth Oliva and Amatzú Aranda, married on 11 March 2019 in San Nicolás de los Garza.[28]

The Supreme Court ruling also struck down the state's same-sex adoption ban.[29]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 48% of Nuevo León residents supported same-sex marriage. 49% were opposed.[30]

According to a 2018 survey by the Instituto Nacional de Estadística y Geografía (INEGI), 44% of the Nuevo León public opposed same-sex marriage.[31]

See also

References
  1. "Legalizan matrimonio igualitario en Nuevo León". El Siglo (in Spanish). 20 February 2019.
  2. "SCJN avala matrimonios gay en Nuevo León". La Silla Rota (in Spanish). 20 February 2019.
  3. (in Spanish) Corte invalida artículos que impedían el matrimonio igualitario en Nuevo León
  4. "La Corte da un revés al Bronco y ordena legalizar bodas gay en Nuevo León". The Huffington Post. 19 February 2019.
  5. Pablo Reyes, Juan (19 February 2019). "Corte ordena legalizar bodas gay en Nuevo León". Excelsior (in Spanish).
  6. "Presentan iniciativa que permita matrimonio gay en NL". Periódico ABC. Archived from the original on 5 July 2015.
  7. "Alistan discusión de matrimonio igualitario en NL". 16 May 2016.
  8. (in Spanish) El líder del PAN en el Congreso de Nuevo León, Arturo Salinas, asegura que no hay iniciativa para discutir el matrimonio entre personas del mismo sexo
  9. Daniela Mendoza y Reynaldo Ochoa. "Amparo abre puerta al matrimonio gay en NL". Milenio.
  10. adminbarrio. "Con los excluidos del Congreso de Nuevo León". El Barrio Antiguo.
  11. "Pareja homosexual pide apoyo a CEDH para casarse en NL". Terra. 4 December 2013.
  12. Prensa. "Registro Civil incumple con respuesta oficial a pareja gay en Nuevo León, México". OrbitaGay.
  13. "Sí hay bodas gay en NL". Periódico ABC. Archived from the original on 6 September 2014.
  14. (in Spanish) En desacato, Congreso de Nuevo León, sino aprueba en 90 días, Matrimonio Igualitario
  15. Daniela Mendoza Luna. "Con amparo luchan por matrimonios igualitarios". Milenio.
  16. Daniela Mendoza. "Juzgado abre la puerta a 48 bodas gay en NL". Milenio.
  17. Huerta, Erik (26 March 2015). "Ganan Amparo para matrimonios gay" (in Spanish). El Mañana. Retrieved 27 March 2015.
  18. "Ordena la Corte a El Bronco reconocer concubinato gay" (in Spanish). Proceso. 17 February 2016.
  19. (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas
  20. (in Spanish) Ganan 118 personas amparo para matrimonio gay en NL
  21. (in Spanish) Corte admite recurso contra matrimonio entre mujer y hombre en NL
  22. (in Spanish) Suprema Corte declara inconstitucional negar matrimonio gay en Nuevo León
  23. (in Spanish) Corte ordena legalizar bodas gay en Nuevo León
  24. (in Spanish) El Bronco en desacuerdo por legalización del matrimonio igualitario en Nuevo León
  25. Castillo, Gabriela (26 February 2019). "Grupos religiosos exigen al 'Bronco' prohibir el matrimonio igualitario". Plumas Atómicas (in Spanish).
  26. "El matrimonio igualitario ya es una realidad en Nuevo León". HuffPost (in Spanish). 26 February 2019.
  27. Silvia Erika Arellano (31 May 2019). "Publican en DOF aprobación del matrimonio gay en NL". Milenio (in Spanish).
  28. César Cubero (11 March 2019). "Registran primer matrimonio gay en NL, sin amparo". Milenio (in Spanish).
  29. ACCIÓN DE INCONSTITUCIONALIDAD 29/2018
  30. (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  31. (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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