In Mexicoonly 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 were also performed in the state of Colima, but were replaced by same-sex marriage legislation. Since Augustsame-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 Junethe 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.
It was the first such law in Mexico, soon followed by the northern state of Coahuila in January On 21 DecemberMexico City became the first Latin American jurisdiction to legalize same-sex marriage. The law became effective on 4 March On 5 Augustthe Supreme Court voted to uphold the constitutionality of Mexico City's same-sex marriage law.
On 28 Novemberthe 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 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: A landmark decision, issued on 29 Januarywas 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 "Union homosexual en mexico" 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 the time and in specific circumstances. On 20 Decemberthe 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, andand 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 Federal Constitution.
"Union homosexual en mexico" ruling states that all same-sex couples in Mexico have a nationwide right to establish Union homosexual en mexico maintain a family Union homosexual en mexico, whether through pro-creation, adoption or other means derived from scientific advances. The general elections resulted in the National Regeneration Movement MORENAa pro-same-sex marriage left-wing party, winning the majority of legislative seats in 12 states where same-sex marriage has not yet been legalized.
When a court in Mexico rules that an existing law is unconstitutional in five separate and consecutive amparosusing identical language in each ruling, this creates jurisprudence against that law. This process is called recurso de amparo. When a same-sex couple is denied the right to they can file an amparo with a court to request that they be allowed to legally marry.
Sincethe 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 "Union homosexual en mexico" "time-consuming". A different procedure exists. If officials in a given state repeatedly appeal amparo cases to a federal appeals court and lose five times in Union homosexual en mexico row note that since no court in Mexico is allowed to rule against same-sex marriageand if the appellate court then forwards the results to the Supreme Court SCJNthe SCJN can issue a "General Declaration of Unconstitutionality" Spanish: Declaratoria General de Inconstitucionalidad and force the state legislature to repeal its ban.
In these cases, the amparo is also called a "resolution". However, state authorities in these states have intentionally delayed and blocked attempts to legalize same-sex marriage in their civil codes, stating among others that they have not received the "General Declaration of Unconstitutionality".
Actions of unconstitutionality are "Union homosexual en mexico" seeking to determine if a certain law is unconstitutional. 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, inthe 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. As of Aprilthree states Chiapas, Jalisco and Puebla have had their same-sex marriage bans struck down by the Supreme Court in such a way. 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. This table shows only states that regularly license same-sex marriages or have legalized them.
It does not include states where same-sex couples have been able to marry in individual cases. Being the seat of the Powers of the UnionMexico City did not belong to any particular state but to all. After years of demanding greater political autonomyresidents were given the right to directly elect the Head of Government of the Federal District and the representatives of the unicameral Legislative Assembly ALDF by popular vote in In early Septembermodifications to the civil union agreement were drafted to eliminate discrimination on the basis of sexual orientation Union homosexual en mexico 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 Union homosexual en mexico man and a woman" to "a free union between two people.
In early Januarythe Constitutional Assembly "Union homosexual en mexico" Mexico City voted, in its plenary session, to fully enshrine same-sex marriage in Mexico City's first Constitution. In SeptemberCuauhtemoc Escobedo Tejada, legislative member of the Party of the Democratic Revolution PRDannounced that a civil union bill and possibly a same-sex marriage bill were to be introduced by the Governor of the state for consideration.
On 15 Junea PAN congresswoman indicated that her party is preparing a civil union proposal and would present it to Congress when ready. In Aprilthe president of the State Commission of Human Rights announced Union homosexual en mexico they would introduce a new same-sex marriage proposal. In AprilPAN, which holds a majority in the Aguascalientes Congress, announced that it would continue to oppose same-sex marriage and would not allow the PRD bill introduced in October to be approved.
On 23 Augustshortly 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 Septemberthe 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 Novemberthe 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.