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Same-sex marriage is legally recognized and performed or pending throughout Mexico. Since August 2010, same-sex marriages performed anywhere within Mexico have been 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) have also applied to same-sex couples across the country. As of , marriage in
Guerrero Guerrero is one of the 32 states that comprise the 32 Federal Entities of Mexico. It is divided in 81 municipalities and its capital city is Chilpancingo and its largest city is Acapulcocopied from article, GuerreroAs of 2020, Guerrero the popu ...
is only available in certain municipalities, with statewide legislation pending. Only
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...
s are recognized by Mexican law, and all proceedings fall under state legislation. In June 2015, the Supreme Court of Justice of the Nation ruled that state bans on same-sex marriage violate the federal constitution. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, but required judges and courts throughout Mexico to approve all applications for same-sex marriages, and any marriage law that that was changed and did not recognize same-sex marriage would be declared unconstitutional and invalidated. By 26 October 2022, all Mexican states and Mexico City had legalized same-sex marriage, either by legislation (pending in a few cases), executive action, or Supreme Court order. However, marital rights are not necessarily equal when it comes to
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
: Only 21 of the 31 Mexican states and Mexico City permit same-sex married couples to adopt, despite "married" couples being able to adopt. Same-sex civil unions ( es, link=no, sociedad de convivencia, ) are legally performed in Mexico City and in the states of Campeche, Coahuila, Michoacán, Tlaxcala and Veracruz. From 2013 to 2016, they were also performed in the state of Colima, but were replaced by same-sex marriage legislation. They were also performed in Jalisco beginning in 2014, but the law was struck down on procedural grounds in 2018.


History

On 9 November 2006, after several years of consideration, the
Legislative Assembly of Mexico City The Mexico City Congress ( es, Congreso de la Ciudad de México, ALCDMX) is the legislative branch of government of Mexico City. Between 1988 and 1993, it was known as the Assembly of Representatives of the Federal District ( es, Asamblea de Re ...
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 2007. In late November 2009, the leading party in the Legislative Assembly of Mexico City, the
Party of the Democratic Revolution The Party of the Democratic Revolution (PRD, es, Partido de la Revolución Democrática, ) is a social democratic political party in Mexico. The PRD originated from the Democratic Current, a political faction formed in 1986 from the Institu ...
(PRD), announced that it was introducing an amendment to the Civil Code to legalize same-sex marriage in Mexico City, a project endorsed by the local Head of Government,
Marcelo Ebrard Marcelo Luis Ebrard Casaubón (; born 10 October 1959) is a Mexican politician who is serving as the Secretary of Foreign Affairs of Mexico. Affiliated with the National Regeneration Movement (MORENA) since 2018, he was appointed to lead the f ...
, but strongly opposed by the second-largest political force in the country, the right-of-center National Action Party (PAN) and the Roman Catholic Church. The bill found support from over 600 non-governmental organizations, including the
International Lesbian, Gay, Bisexual, Trans and Intersex Association The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization who is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a ...
(ILGA) and
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
. On 21 December 2009, Mexico City became the first Latin American jurisdiction to legalize same-sex marriage. The law became effective on 4 March 2010. On 5 August 2010, the Supreme Court voted 8–2 to uphold the constitutionality of Mexico City's same-sex marriage law. The Court later ruled on 10 August 2010 that Mexico City marriages are valid throughout the entire country. On 28 November 2011, the first two same-sex marriages occurred in Quintana Roo after discovering that the state's Civil Code did not explicitly prohibit same-sex marriage, but these marriages were later annulled by the
Governor of Quintana Roo The governors of the Mexican state of Quintana Roo, since statehood. Governors of the Free and Sovereign State of Quintana Roo since 1975 *Note: In 2001 Mario E. Villanueva was sentenced to prison due to corruption involving Mexican drug war ...
in April 2012. In May 2012, the Secretary of State of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state. A 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico, through the ''
recurso de amparo In most legal systems of the Spanish-speaking world, the writ of ("writ of protection"; also called , "appeal for protection", or , "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdicti ...
'' process. Using international decisions, whose verdicts serve as legal precedent in Mexican courts, such as the protections in the '' Atala Riffo and Daughters v. Chile'' case, the U.S. cases ''
Loving v. Virginia ''Loving v. Virginia'', 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth A ...
'' and ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'' and Mexico's own anti-discrimination laws, the Supreme Court ruled on 5 December 2012 that: 1) Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violate federal law requiring that they "correspond to all persons without any distinction" and 2) That such laws are 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. The ruling did not directly overturn the impugned laws, but established that marriages obtained by injunction (''amparo'') can be performed in any state, regardless of whether the state Civil Code has been changed. A landmark decision, issued on 29 January 2014, was the first injunction for marriage recognition in Puebla. The case involved a same-sex couple who legally married in Mexico City in 2012 and filed for spousal benefits with the Mexican Social Security Institute (IMSS) in the state of Puebla, but were denied. Because the complainant died during the injunction process, a lower court had dismissed the case, but the Supreme Court granted the injunction and ordered recognition of the marriage by both the state of Puebla and the IMSS. The injunction required IMSS to extend benefits it offered to married heterosexual couples to same-sex couples anywhere in Mexico who are married or in civil unions. A ruling by the Supreme Court on 12 June 2015 stated that state bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. 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 in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages, and made the approval mandatory. The ruling was published in the country's Judicial Gazette on 19 June 2015 and became binding on 22 June 2015. Some have suggested the ruling "effectively legalizes" same-sex marriage in Mexico, though without legislative change, civil registrars are still bound to follow state laws. Indeed, the Supreme Court does not have the legal power to strike down all the states' same-sex marriage bans. It can only do so one at a time and under specific circumstances. The ruling states: On 20 December 2015, the
National Human Rights Commission A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
submitted a general recommendation to all state executive and legislative bodies, requesting them to allow same-sex marriages in their jurisdictions. The Commission considers differentiated marriage constructions for same-sex couples (such as civil unions) to be discriminatory. On 17 May 2016, President
Enrique Peña Nieto Enrique Peña Nieto (; born 20 July 1966), commonly referred to by his initials EPN, is a Mexican politician who served as the 64th president of Mexico from 1 December 2012 to 30 November 2018. A member of the Institutional Revolutionary Party ...
announced he had signed an initiative to amend Article 4 of the Constitution to legalize same-sex marriage nationwide. Any amendment to the Constitution requires support of at least a two-thirds majority in Congress and ratification by a simple majority of the 31 states. He also submitted a bill to make appropriate changes in the Civil Code. Chairman of the Committee on Constitutional Issues of the Chamber of Deputies,
Daniel Ordoñez Hernández Daniel is a masculine given name and a surname of Hebrew origin. It means "God is my judge"Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 68. (cf. Gabriel—"God is my strength"), ...
, announced in June 2016 that the President's initiative would be debated by the committee later in the year. Ordoñez also said that 47,000 letters expressing opposition to the initiative were received though none of them were signed. On 9 November 2016, the committee rejected the initiative by 19 votes to 8. On 30 November 2016, the Supreme Court unanimously declared that six articles of the ''Law of the Institute of Social Security and Social Services of State Workers'' (ISSSTE; ) were unconstitutional because they discriminated against same-sex couples. The Court found that the wording of articles 6, 39, 40, 131 and 135, 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 123 of the Constitution. A further ruling issued by the Supreme Court holding that 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, took effect on 30 January 2017. The 2018 general elections resulted in the
National Regeneration Movement MORENA () is a major Mexican left-wing political party. It is described as an anti-neoliberal and populist party. It is the ruling party of Mexico since 2018. The name is an acronym for the Movimiento Regeneración Nacional (National Regener ...
(MORENA), a left-wing party that supports same-sex marriage, winning the majority or plurality of legislative seats in 13 states where same-sex marriage was not legal at the time. MORENA along with the Labor Party also won an absolute majority in the
Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and the Senate. In October 2018, shortly after the beginning of the new
legislative term A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections ...
, PRD Senator Juan Zepeda Hernández introduced a draft proposal to legalize same-sex marriage nationwide in Mexico. On 18 December 2019, the ruling party introduced a constitutional amendment to legalize same-sex marriage at the federal level, upgrade civil unions to marriage, and require all states to adjust their laws correspondingly within three months of passage. In September 2018, MORENA Senator Germán Martínez introduced a draft proposal to codify certain court rulings pertaining to the legal rights of same-sex couples into law, namely social security benefits and the right to a widow or widower's pension. On 6 November 2018, the Senate unanimously (110–0) approved the bill, and it unanimously (415–0) passed the Chamber of Deputies later that month. The bill was gazetted on 29 November 2018. On 19 October 2018, a 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. The plaintiffs in the case, activist Daniel Berezowsky Ramirez and Jaime Chavez Alor, married at the Mexican consulate in New York City on 26 November. In late November, Senator
Ricardo Monreal Ricardo Monreal Ávila (born September 19, 1960 in Fresnillo, Zacatecas) is a Mexican politician affiliated with the National Regeneration Movement (Morena). He is a Senate of Mexico, senator and the Senate Majority Leader, a former Governor of ...
introduced a bill to Congress to allow same-sex marriages in Mexican consulates without the need for couples to obtain a court injunction. On 16 May 2019, the Secretary of Foreign Relations issued a decree authorizing same-sex marriages in Mexican consulates.


Constitutional wording

The
Constitution of Mexico The Constitution of Mexico, formally the Political Constitution of the United Mexican States ( es, Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in th ...
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 ..sexual orientation, marital status, ..which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people". For these reasons, the Supreme Court has ruled that banning same-sex marriage is unconstitutional. Article 4 provides that men and women have an equal right to marry, and states that "the law shall protect the organization and development of the family."


México Igualitario Project

The activist group ''México Igualitario'' is pursuing a legal strategy to win same-sex marriage state-by-state through court action. 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 In most legal systems of the Spanish-speaking world, the writ of ("writ of protection"; also called , "appeal for protection", or , "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdicti ...
''. 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 2015, 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 An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in ...
" can be used to refer to amparos. Despite the legal requirement for the states to legalize same-sex marriage after 5 ''amparo'' rulings, this has often not been followed through. In Chihuahua, prior to the legalization of same-sex marriage there in 2015, almost 20 injunctions were carried out. Same-sex marriages by ''amparo'' have occurred in every state.


Actions of unconstitutionality

An "action of unconstitutionality" ( es, link=no, acción de inconstitucionalidad) is a lawsuit 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, in 2016, 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 Supreme Court. The Court decides whether these laws are constitutional, and if they are not, they are struck down and thereafter null and void. As of June 2022, six states (Aguascalientes, Chiapas, Jalisco, Nuevo León, Puebla, and Veracruz) have had their same-sex marriage bans struck down in this way.


2018 Inter-American Court of Human Rights ruling

On 8 January 2018, the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human ...
(IACHR) ruled that the
American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...
mandates and requires the recognition of same-sex marriage. The ruling was fully binding on Costa Rica and set binding precedent in other Latin American and Caribbean countries including Mexico. LGBT advocacy groups in Mexico urged the government to abide by the ruling, and fully legalize same-sex marriage.


By state


Mexico City

;Civil unions 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 In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ow ...
, residents were given the right to directly elect the
Head of Government of Mexico City The Head of Government ( es, Jefe de Gobierno) wields the executive power in Mexico City. The Head of Government serves a six-year term, running concurrently with that of the President of the Republic. Mexico City, or CDMX, is the seat of nat ...
and the representatives of the unicameral Legislative Assembly by
popular vote Popularity or social status is the quality of being well liked, admired or well known to a particular group. Popular may also refer to: In sociology * Popular culture * Popular fiction * Popular music * Popular science * Populace, the total ...
in 1997. For the following two decades, the center-left
Party of the Democratic Revolution The Party of the Democratic Revolution (PRD, es, Partido de la Revolución Democrática, ) is a social democratic political party in Mexico. The PRD originated from the Democratic Current, a political faction formed in 1986 from the Institu ...
(PRD) controlled both political powers. In the early 2000s, Enoé Uranga, an openly lesbian politician and activist, unsuccessfully pushed a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
that would have legalized same-sex civil unions in Mexico City under the name ''Ley de Sociedades de Convivencia'' (LSC). Despite being passed four times by legislative commissions, the bill repeatedly got stuck in plenary voting for its sensitive nature, which could be attributed to the widespread opposition from right-wing groups and then Head of Government
Andrés Manuel López Obrador Andrés Manuel López Obrador (; born 13 November 1953), also known by his initials AMLO, is a Mexican politician who has been serving as the 65th president of Mexico since 1 December 2018. He previously served as Head of Government of Mexico ...
's ambiguity concerning the bill. Nonetheless, since new left-wing Head of Government
Marcelo Ebrard Marcelo Luis Ebrard Casaubón (; born 10 October 1959) is a Mexican politician who is serving as the Secretary of Foreign Affairs of Mexico. Affiliated with the National Regeneration Movement (MORENA) since 2018, he was appointed to lead the f ...
was expected to take power in December 2006, the Assembly decided to take up the bill and approved it in a 43–17 vote on 9 November. The law was well received by
feminist Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
and LGBT groups, including
Emilio Álvarez Icaza Emilio Álvarez Icaza Longoria (born 31 March 1965) is a Mexican human rights ombudsman and activist serving as a senator in the LXIV Legislature of the Mexican Congress from Mexico City. He previously served as the president of the Inter-Ameri ...
, then-chairman of Mexico City's Human Rights Commission, who declared that "the law was not a threat to anyone in particular and that it will be a matter of time before it shows positive consequences for different social groups." It was strongly opposed by conservative groups such as the National Parents' Union and the Roman Catholic Church, which labeled the assemblymen who voted for the law as "
sin In a religious context, sin is a transgression against divine law. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered immoral, selfish, s ...
ners" and complained it was "vengeance against the Catholic Church from the more radical groups from the left, who felt it was a demand for
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
." The law officially took effect on 16 March 2007. Mexico City's first same-sex civil union was between Jorge Cerpa, a 31-year-old economist, and Antonio Medina, a 38-year-old journalist. By December 2009, 736 same-sex civil unions had taken place in the city, of which 24 had been annulled (3%). In early September 2014, 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. ;Marriage On 24 November 2009, PRD Assemblyman David Razú proposed a bill to legalize same-sex marriage in Mexico City. Luis González Plascencia, chairman of the Human Rights Commission of Mexico City, backed the bill and said that it was up to the Legislative Assembly to consider
LGBT adoption Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption). Joint adoption by same-sex co ...
. The
International Lesbian, Gay, Bisexual, Trans and Intersex Association The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization who is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a ...
(ILGA),
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
, the
AIDS Healthcare Foundation AIDS Healthcare Foundation (AHF) is a Los Angeles-based 501(c)(3) nonprofit organization providing medicine and health care to individuals living with or affected by HIV/AIDS. As of 2020, it operates about 400 clinics, 64 outpatient healthcare ce ...
and over 600 non-governmental organizations supported the legalization of same-sex marriage in Mexico City. The conservative National Action Party (PAN) announced it would either go to the courts to appeal the law or demand a referendum. However, a referendum on same-sex marriage was rejected by the Legislative Assembly in a 36–22 vote on 18 December 2009. On 21 December 2009, the Legislative Assembly legalized same-sex marriage (39–20) in Mexico City. The bill changed the definition of marriage in the city's
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core are ...
from "a free union between a man and a woman" to "a free union between two people." The law grants same-sex couples the same rights as opposite-sex couples, including adopting children. PAN vowed to challenge the law in the courts. On 29 December 2009, Head of Government
Marcelo Ebrard Marcelo Luis Ebrard Casaubón (; born 10 October 1959) is a Mexican politician who is serving as the Secretary of Foreign Affairs of Mexico. Affiliated with the National Regeneration Movement (MORENA) since 2018, he was appointed to lead the f ...
signed the bill into law, which became effective on 4 March 2010. On 5 August, the Supreme Court voted 8–2 to uphold the constitutionality of Mexico City's same-sex marriage law. The Court further ruled on 10 August 2010 that Mexico City marriages are valid throughout the country. In early January 2017, the
Constituent Assembly of Mexico City The Constituent Assembly of Mexico City (''Asamblea Constituyente de la Ciudad de México'') is a body formed to create a new constitution for Mexico City in the wake of the 2016 political reforms that convert Mexico City into a federative entity c ...
voted, in its plenary session, 68–11 to fully enshrine same-sex marriage in the Mexico City Constitution.


Aguascalientes

From 2014 onwards, multiple same-sex marriage, concubinage and civil union bills were proposed in
Aguascalientes Aguascalientes (; ), officially the Free and Sovereign State of Aguascalientes ( es, Estado Libre y Soberano de Aguascalientes), is one of the 32 states which comprise the Federal Entities of Mexico. At 22°N and with an average altitude of a ...
, though all of them stalled in Congress due to inaction from the ruling National Action Party. An action of unconstitutionality was filed in 2018 by the State Human Rights Commission of Aguascalientes, challenging articles 143, 144 and 313bis of the Civil Code, which limited marriage to opposite-sex couples to "perpetuate the species". On 2 April 2019, the full bench of the Supreme Court ruled unanimously that the state's same-sex marriage ban was discriminatory against same-sex couples and unconstitutional. The ruling went into effect upon publication in the '' Official Gazette of the Federation'' on 16 August 2019. The Civil Registry had already begun issuing same-sex marriage certificates prior to this date, however.


Baja California

On 23 August 2010, shortly after the ruling of the Supreme Court requiring all states to recognise same-sex marriages validly performed in other states, state legislators introduced an amendment to article 7 of the Constitution of
Baja California Baja California (; 'Lower California'), officially the Free and Sovereign State of Baja California ( es, Estado Libre y Soberano de Baja California), is a state in Mexico. It is the northernmost and westernmost of the 32 federal entities of Mex ...
, adding the definition of marriage as being "the union of a man and a woman". On 29 September 2010, the
Congress of Baja California The Congress of the State of Baja California ( es, Congreso del Estado de Baja California) is the legislative branch of the government of the State of Baja California. The Congress is the governmental deliberative body of Baja California, which ...
voted 18–1 in favor of the amendment, and after approval by municipalities, it was published on 27 May 2011. On 13 November 2014, the Supreme Court of Mexico ruled that the state's ban on same-sex marriage was unconstitutional. A bill was introduced to the Baja California Congress on 12 February 2015 to legalize same-sex marriage in the state by changing article 7 of the state Constitution. However, the legislation was stalled for years by opponents of same-sex marriage. On 3 November 2017, the Government of Baja California 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 Congress of Baja California passed a bill legalizing same-sex marriage by a vote of 18–4 on 16 June 2021. The bill modified the Constitution to remove the ban on same-sex marriage added back in 2011. The amendment entered into force on 17 July 2021 after three of Baja California's six municipalities ratified it and the three others were deemed to have accepted it by taking no action ahead of the 30-day time period to consider the amendment. The amendment took effect on 9 August, one day after being published in the government gazette.


Baja California Sur

A same-sex marriage bill was first proposed in
Baja California Sur Baja California Sur (; 'South Lower California'), officially the Free and Sovereign State of Baja California Sur ( es, Estado Libre y Soberano de Baja California Sur), is the least populated state and the 31st admitted state of the 32 federal ent ...
on 9 April 2010 by the organization ''La Comunidad Sudcaliforniana en Diversidad Sexual''. No action was taken by the state Congress. The July 2018 elections resulted in the National Regeneration Movement and other supportive parties winning a majority of legislative seats in Congress. On 27 June 2019, the state Congress approved a bill to legalize same-sex marriage in a 14–5 vote with one abstention. It was signed by Governor
Carlos Mendoza Davis Carlos Mendoza Davis (born 21 April 1969) is a Mexican public official who served as the Governor of Baja California Sur from 2015 to 2021. A lawyer by profession, he has earned two master's degrees and has held several positions in the federa ...
the same day and published in the official journal on 28 June 2019. The law took effect the following day. The congress of Baja California Sur passed a bill allowing same-sex couples to adopt on 16 November 2022.


Campeche

In April 2016, Campeche Governor
Alejandro Moreno Cárdenas Rafael Alejandro Moreno Cárdenas (born 25 April 1975) is a Mexican politician who has been the President of the Institutional Revolutionary Party (PRI) since 2019. He is best known as "Alito". Biography and personal life He was born in 25 A ...
submitted a same-sex marriage bill to Congress, which was approved on 10 May 2016. The law was published in the official state gazette on 16 May 2016 and came into effect on 20 May 2016. Campeche became the seventh state to allow same-sex marriage without the need for a court order.


Chiapas

On 6 April 2016, an action of unconstitutionality was filed with the Supreme Court. The Supreme Court ruled, in a 9–2 decision, on 11 July 2017 that the heterosexual definition of marriage in the Civil Code was unconstitutional, legalizing same-sex marriage in Chiapas and eliminating the need for an court injunction. The ruling came into effect upon publication in the Official Gazette of the Federation on 11 May 2018. Nonetheless, the Civil Registry began accepting marriage applications from same-sex couples from 30 October 2017, and same-sex couples have been able to marry since that date. As of June 2022, a bill to codify same-sex marriage into the state Civil Code is pending in the state congress.


Chihuahua

On 11 June 2015, Governor
César Duarte Jáquez César Horacio Duarte Jáquez (born April 14, 1963) is a Mexican politician, a member of the Institutional Revolutionary Party, who has twice been a federal deputy. He was President of the Chamber of Deputies of Mexico from 2008 to 2009, while ...
announced the state would no longer prevent same-sex marriages, making
Chihuahua Chihuahua may refer to: Places * Chihuahua (state), a Mexican state **Chihuahua (dog), a breed of dog named after the state **Chihuahua cheese, a type of cheese originating in the state **Chihuahua City, the capital city of the state **Chihuahua Mu ...
the fourth jurisdiction to legalize same-sex marriage. Duarte Jáquez announced that licenses would be available by 12 June 2015. On 16 June 2015, the president of the state Congress announced that it would debate the legal codification of the executive decision. Additionally, according to the state National System for Integral Family Development, same-sex couples are allowed to adopt jointly in Chihuahua. In February 2017, the Supreme Court ruled that the state's Civil Code was unconstitutional because it has not yet been modified to reflect the legalization of same-sex marriage. The Supreme Court ordered the state Congress to change its Civil Code within 90 days. However, the Congress refused to do so. In October 2018, 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.


Coahuila

The legalization of same-sex civil unions in
Coahuila Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico. Coahuila borders the Mexican states of Nu ...
had started to be discussed as early as November 2006, simultaneously with the discussion then ongoing in Mexico City. On 11 January 2007, the state Congress legalized same-sex civil unions under the name ''pacto civil de solidaridad'', which gave property and
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officiall ...
rights to
same-sex couple A same-sex relationship is a romantic or sexual relationship between people of the same sex. '' Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...
s. Twenty days after the law had passed, the country's first same-sex civil union took place in Saltillo. It was between 29-year-olds Karina Almaguer and Karla Lopez, a lesbian couple from
Tamaulipas Tamaulipas (), officially the Free and Sovereign State of Tamaulipas ( es, Estado Libre y Soberano de Tamaulipas), is a state in the northeast region of Mexico; one of the 31 states which, along with Mexico City, comprise the 32 Federal Entiti ...
. On 5 March 2013, Congressman Samuel Acevedo Flores, from the Social Democratic Party, introduced a bill to the
Congress of Coahuila The Congress of Coahuila is the state legislature of Coahuila, a state of Mexico. The Congress is unicameral. The Congress has 25 members: 16 elected in single-member districts via first-past-the-post voting and 9 elected via proportional represen ...
to legalize same-sex marriages and adoption by same-sex couples. On 11 February 2014, Congress approved the adoption bill and passed the same-sex marriage bill on 1 September 2014. It took effect on 17 September, and the first couple married on 20 September.


Colima

In July 2009, the
Party of the Democratic Revolution The Party of the Democratic Revolution (PRD, es, Partido de la Revolución Democrática, ) is a social democratic political party in Mexico. The PRD originated from the Democratic Current, a political faction formed in 1986 from the Institu ...
(PRD) introduced a formal initiative to legalize civil unions in the western state of
Colima Colima (), officially the Free and Sovereign State of Colima ( es, Estado Libre y Soberano de Colima), is one of the 31 states that make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima. Colima i ...
. Nevertheless, the following month, the local Congress decided not to take up the initiative, following widespread opposition from right-wing groups. In December 2009, Governor Mario Anguiano Moreno agreed to discuss the legalization of civil unions and adoption by same-sex couples. On 4 July 2013, the state Congress approved a new form of union called ''enlace conyugal'' (conjugal bond) for same-sex couples, which according to Deputy Martín Flores Castañeda grants the same rights and obligations as marriage. A bill to legalize same-sex marriage in the state was unanimously approved by the
Congress of Colima The Congress of the State of Colima (aka Congress of Colima) is the legislative branch of the government of the State of Colima. The Congress of Colima is a unicameral legislature. The Congress consist of 25 local deputies (16 elected by the f ...
on 25 May 2016. The bill was passed 24 to 0. The existing same-sex civil union law was repealed simultaneously. The same-sex marriage law was published in the state's official gazette on 11 June 2016 and came into effect on 12 June 2016. 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. It also allows same-sex couples to adopt children jointly.


Durango

Same-sex marriage became legal in Durango state on 19 September 2022, with a decree from the state governor. In September 2013, PRD Deputy Israel Soto Peña introduced a bill to legalize same sex marriage in the state. On 10 April 2014, the bill was rejected on the basis that it would not sufficiently address the legal changes necessary to correct the Civil Code. In May, Soto Peña announced that he would revamp the initiative and resubmit it, which he did on 1 November 2014. On 10 February 2016, the Justice Commission of the Congress of
Durango Durango (), officially named Estado Libre y Soberano de Durango ( en, Free and Sovereign State of Durango; Tepehuán: ''Korian''; Nahuatl: ''Tepēhuahcān''), is one of the 31 states which make up the 32 Federal Entities of Mexico, situated in ...
approved a draft bill to legalize same-sex marriage in the state. However, the bill's plenary discussion was postponed for 6 months to organize discussions on the matter and to inform legislators on the subject before a vote. On 31 January 2017, Congress rejected the bill, in a 15–4 vote with 4 abstentions. The bill proposed by PAN was supported by both the PRD and PAN, but was opposed by the PRI. The July 2018 elections resulted in MORENA, PRD and the Labor Party, pro-same-sex marriage parties, winning the majority of legislative seats in Durango. In July 2022 a federal judge ordered the Durango Congress to consider an abandoned same-sex-marriage bill in their next session, due to the critical number of amparos having been reached. The ruling does not require a particular vote, but does require legislators to go on record as to whether they will comply with the Supreme Court ruling. On 16 September 2022, the newly-elected governor
Esteban Villegas Villarreal Esteban Villegas Villarreal (born 22 February 1976) is a Mexican surgeon, singer and politician affiliated with the Institutional Revolutionary Party and the current Governor of Durango. He previously served as the mayor of Durango City, the ...
published a decree for same-sex marriage. Five days later, on 21 September 2022, the Congress of Durango voted 15-9 to pass a bill codifying the right to same-sex marriage and non-discrimination based on sexual orientation, religion, disability, or health status by marriage officiants.


Guanajuato

Same-sex marriage became legal in Guanajuato on 20 December 2021, when government secretary Libia García Muñoz Ledo announced that the right to marry would be extended to any two people regardless of gender in strict adherence to the constitutions of Mexico and Guanajuato, precedents of the Supreme Court of Justice of the Nation, and requirements under the International Covenant on Civil and Political Rights. In response to the first amparo approval, on 21 February 2014, the PRD introduced a bill to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
to amend the Guanajuato Civil Code so as to allow same-sex marriages. The plan was endorsed by the PRI, but on 13 April 2015, the Justice Committee, with a majority from the state's ruling PAN party, voted 3–2 to shelve both bills citing PAN's objection to same-sex unions. On 29 April 2016, the Guanajuato City Council unanimously passed a resolution allowing a lesbian couple to marry in the municipality. Additionally, they urged Governor Miguel Márquez Márquez to change the Civil Code to allow for same-sex marriages. In October 2018, PRD Deputy Isidoro Bazaldúa Lugo introduced a same-sex marriage bill to Congress. Guanajuato is the 23rd Mexican state to approve same-sex marriage.


Guerrero

The Congress of Guerrero passed a same-sex marriage bill on 25 October 2022, by 38-6. The bill also recognizes same-sex concubinage. After the Supreme Court ruling went into effect on 22 June 2015, officials in
Guerrero Guerrero is one of the 32 states that comprise the 32 Federal Entities of Mexico. It is divided in 81 municipalities and its capital city is Chilpancingo and its largest city is Acapulcocopied from article, GuerreroAs of 2020, Guerrero the popu ...
began announcing plans for a series of collective group weddings. Governor Rogelio Ortega submitted a same-sex marriage bill to Congress on 7 July 2015. Legislators complained that they would have preferred to have the bill passed before marriages took place, but it was not feasible in the available time-frame. On 10 July 2015, 20 same-sex couples were married by Governor Ortega in
Acapulco Acapulco de Juárez (), commonly called Acapulco ( , also , nah, Acapolco), is a city and major seaport in the state of Guerrero on the Pacific Coast of Mexico, south of Mexico City. Acapulco is located on a deep, semicircular bay and has bee ...
. On 13 January 2016, the head of the Civil Registry of Acapulco stated 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. 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 jurisdiction willing to marry the couples and criticised Acapulco's Civil Registry and other civil registries throughout the state for not allowing the weddings. The department head stated that same-sex marriages conducted in Guerrero would be legally valid. Some other Guerreran municipalities, such as Chilpancingo de los Bravo and
Zihuatanejo de Azueta Zihuatanejo de Azueta is a municipality located on the Pacific coast in the western part of the Mexican state of Guerrero. It includes the major resort communities of Zihuatanejo and Ixtapa in addition to numerous other towns. In 2010 it had a p ...
, began to marry same-sex couples. In August 2020, Acapulco announced that it would perform same-sex marriages.


Hidalgo

As Mexico City and Coahuila had recently legalized civil unions, a similar proposal was introduced in
Hidalgo Hidalgo may refer to: People * Hidalgo (nobility), members of the Spanish nobility * Hidalgo (surname) Places Mexico * Hidalgo (state), in central Mexico * Hidalgo, Coahuila, a town in the north Mexican state of Coahuila * Hidalgo, Nuevo L ...
in July 2007. However, it stalled and never reached a vote. In October 2013, the Congress indicated there was not sufficient "maturity" in the society to accept same-sex marriage and that it would instead consider a conjugal partnership bill. The
2018 elections The following elections are scheduled to occur in 2018. The National Democratic Institute also maintains a calendar of elections around the world. Africa * 2018 Djiboutian parliamentary election 23 February 2018 *2018 Sierra Leonean general elec ...
resulted in the National Regeneration Movement (MORENA) winning the majority of legislative seats in Congress. After the election, a same-sex marriage bill was introduced to the state Congress. The bill was approved on 14 May 2019 in a vote of 18–2 with 8 abstentions. Governor Omar Fayad signed the bill on 24 May. It was published in the official journal on 10 June 2019 and took effect the following day.


Jalisco

In April 2013, a cross-party group of deputies presented the ''Free Coexistence Act'' ( es, link=no, Ley de Libre Convivencia) to the state Congress. The Act established that same-sex civil unions can be performed in the state, as long as they are not considered marriages. It did not legalize
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
and mandated that civil unions be performed with a
civil law notary Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers wit ...
. On 31 October 2013, the
Congress of Jalisco The Congress of the State of Jalisco ( es, Congreso del Estado de Jalisco) is the legislative branch of the government of the State of Jalisco. It was constituted for the first time after the independence of Mexico on September 8, 1823. Having its ...
approved the Act in a 20–15 vote, one abstained and three were absent. The law took effect on 1 January 2014. On 13 September 2018, the Supreme Court of Justice of the Nation struck down the law on procedural grounds. The first same-sex marriage in the state occurred via injunction in December 2013. On 26 January 2016, the full bench of the Supreme Court unanimously declared the Civil Code unconstitutional for limiting marriage to heterosexual couples. The
Jalisco Jalisco (, , ; Nahuatl: Xalixco), officially the Free and Sovereign State of Jalisco ( es, Estado Libre y Soberano de Jalisco ; Nahuatl: Tlahtohcayotl Xalixco), is one of the 31 states which, along with Mexico City, comprise the 32 Federal En ...
State Civil Registry Directory changed all marriage licenses to gender-neutral on 22 March 2016 so that same-sex couples could already begin receiving them. On 21 April 2016, the Supreme Court ruling took effect after being printed in the ''Official Gazette of the Federation''. On 12 May 2016, the Congress of Jalisco instructed all the state's municipalities to issue marriage licenses to same-sex couples. In June 2017, a bill removing the heterosexual definition of marriage and inserting a gender-neutral definition was introduced to Congress. On 6 April 2022, the Congress of Jalisco passed a bill codifying same-sex marriage into law, on a vote of 26–8 with 3 abstentions.


México

In 2008, an initiative for the legalization of civil unions was launched in the
State of México The State of Mexico ( es, Estado de México; ), officially just Mexico ( es, México), is one of the 32 federal entities of the United Mexican States. Commonly known as Edomex (from ) to distinguish it from the name of the whole country, it is ...
, but never advanced. In 2010, a citizen's initiative to legalize same-sex marriage was presented to Congress. After three years, it had not been reviewed, so in mid-2013 PRD Deputy Octavio Martínez introduced a same-sex marriage bill. The state Governor submitted a new marriage bill, while PRD submitted a proposal to legalize same-sex adoption on 5 March 2015. Neither bill was brought to a vote. On 11 October 2022, the Congress of the State of Mexico voted 49-12 with six abstentions to pass a bill legalizing same-sex marriage and concubinage. It was published on 1 November 2022, and took effect the next day.


Michoacán

On 27 August 2015, the Justice and Human Rights Committee announced it would enact a civil union law for same-sex couples. It was approved unanimously in a 34–0 vote by the Congress of Michoacán on 7 September 2015. The law was published on 30 September 2015 in the state's official journal. On 9 February 2016, the Justice and Human Rights Committee approved a Family Code that would allow same-sex marriage and joint adoption. It was stated that the Michoacán Congress would vote on the proposal in the coming days. However, the vote was postponed until sometime in May 2016. On 18 May 2016, the state Congress eventually approved the proposal by a vote of 27 in favor, none opposed and 8 abstentions. The law was published in the state's official diary on 22 June 2016 and came into effect on 23 June. The law allows couples to adopt children jointly.


Morelos

On 18 May 2016, the Congress of Morelos voted 20 to 6 to approve a constitutional change to legalize same-sex marriage. A constitutional amendment requires the ratification of at least 17 of the 33 municipalities in the state. The 33 municipalities had until 25 June 2016 to act on the amendment. At the end of the process, a total of 17 municipalities had ratified the constitutional change and 15 had voted against ratification, while 1 municipality was awarded an extra week, although the clear majority being in favor meant that same-sex marriage would become legal in the state. The law was promulgated and published in the state's official gazette on 4 July 2016. It took effect on 5 July. The state adoption agency clarified that the law shall allow same-sex couples to adopt jointly as the process is open to all spouses in Morelos.


Nayarit

On 25 June 2015, Deputy Luis Manuel Hernández Escobedo introduced a bill allowing same-sex couples to marry and making the definition of
concubinage Concubinage is an interpersonal and sexual relationship between a man and a woman in which the couple does not want, or cannot enter into a full marriage. Concubinage and marriage are often regarded as similar but mutually exclusive. Concubina ...
gender-neutral. On 17 December 2015, the state Congress approved the bill in a 26–1 vote with 1 abstention. The bill was published in the official journal, following Governor Roberto Sandoval Casteñeda's signature, on 22 December 2015, and took effect the following day.


Nuevo León

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. On 16 May 2016, the president of the Legislative Commission of the State Congress announced that the bill would be voted upon sometime in September, but this did not happen. An action of unconstitutionality against Nuevo León's same-sex marriage ban was filed in February 2018. On 19 February 2019, the Supreme Court declared articles 140 and 148 of the state Civil Code unconstitutional, fully legalizing same-sex marriage in Nuevo León. The ruling came into effect on 31 May 2019 upon publication in the Official Gazette of the Federation.


Oaxaca

On 26 August 2012, a 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 Supreme Court, which issued a unanimous ruling against the ban on same-sex marriage. In July 2017, a same-sex couple was successful in getting married without first receiving a court order. From late August 2018, the Civil Registry has allowed same-sex couples to marry without the need for an amparo. However, the process took three business days, compared with two hours for opposite-sex couples. On 28 August 2019, the
Congress of Oaxaca The Congress of Oaxaca ( es, link=no, Congreso del Estado de Oaxaca) is the legislature of Oaxaca, a state of Mexico. The Congress is unicameral. Electoral system There are 42 seats, 25 deputies are elected with first-past-the-post in sing ...
passed legislation bringing the state into line with the executive order.


Puebla

On 7 December 2006, a similar civil union bill to that of Mexico City was proposed in
Puebla Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
, but it faced strong opposition and criticism from deputies of the
Institutional Revolutionary Party The Institutional Revolutionary Party ( es, Partido Revolucionario Institucional, ; abbr. PRI) is a political party in Mexico that was founded in 1929 and held uninterrupted power in the country for 71 years, from 1929 to 2000, first as the Nati ...
(PRI) and the National Action Party (PAN), who declared that "the
traditional family A nuclear family, elementary family, cereal-packet family or conjugal family is a family group consisting of parents and their children (one or more), typically living in one home residence. It is in contrast to a single-parent family, the larger ...
is the only social model, and there cannot be another one." Though proposals were presented in 2011 and repeatedly introduced in successive years, no change to the law was approved by the legislatures. On 27 April 2016, an action of unconstitutionality was filed before the Supreme Court. On 1 August 2017, the Supreme Court unanimously declared same-sex marriage to be legal in Puebla, striking down the Civil Code which limited marriage to one man and one woman for the purpose of procreation, and eliminating the need for individual amparos. The ruling came into effect on 16 February 2018, after publication in the Official Diary of the Federation. Shortly after the ruling, Puebla officials confirmed that same-sex couples are allowed to adopt. The Congress of Puebla passed a bill codifying the legality of same-sex marriage on 3 November 2020.


Querétaro

The Congress of Querétaro passed a bill to amend the state civil code to allow same-sex marriage on 22 September 2021. It will take effect upon publication in the official gazette. On 21 July 2015, the civil registrar of the municipality of
Santiago de Querétaro Santiago (, ; ), also known as Santiago de Chile, is the capital and largest city of Chile as well as one of the largest cities in the Americas. It is the center of Chile's most densely populated region, the Santiago Metropolitan Region, who ...
, which comprises 46% of the state's population, announced that same-sex couples may marry in the municipality without the need for an amparo. As of January 2017, seven other municipalities in the state are marrying same-sex couples without requiring them to receive an amparo beforehand: Amealco de Bonfil,
Cadereyta de Montes Cadereyta de Montes () is a city and municipality in Querétaro, Mexico. The municipality is the second most extensive in the state. The city was founded in 1640, and received its current name in two stages: first in 1642 in honor of Viceroy Don ...
, Ezequiel Montes, Huimilpan,
Pedro Escobedo Pedro Escobedo is the seat of Pedro Escobedo Municipality Pedro Escobedo is a municipality in Querétaro in central Mexico Mexico ( Spanish: México), officially the United Mexican States, is a country in the southern portion of North Am ...
,
San Joaquín San Joaquín (Spanish for Saint Joachim) is a commune of Chile located in Santiago Province, Santiago Metropolitan Region. It is part of Greater Santiago. Demographics According to the 2002 census of the National Statistics Institute, San Jo ...
and Tolimán, comprising 60% of the state's population altogether. The state congress legalized same-sex marriage statewide on 22 September 2021.


Quintana Roo

Same-sex marriages can be performed in
Quintana Roo Quintana Roo ( , ), officially the Free and Sovereign State of Quintana Roo ( es, Estado Libre y Soberano de Quintana Roo), is one of the 31 states which, with Mexico City, constitute the 32 federal entities of Mexico. It is divided into 11 mu ...
after a decision by the state's Secretary of State. In November 2011, some public officials in the state began performing same-sex marriages after reviewing the state's Civil Code. The Civil Code of Quintana Roo does not state
sex or gender Though the terms '' sex'' and ''gender'' have been used interchangeably since at least the fourteenth century, in contemporary academic literature they usually have distinct meanings. ''Sex'' generally refers to an organism's biological sex, while ...
requirements for marriage, only specifying "people interested in getting married". A same-sex couple filed for a marriage license in
Cancún Cancún ( ), often Cancun in English (without the accent; or ) is a city in southeast Mexico on the northeast coast of the Yucatán Peninsula in the Mexican state of Quintana Roo. It is a significant tourist destination in Mexico and the seat ...
and
Chetumal Chetumal (, , ; yua, label=Yucatec Maya, Chactemàal , ) is a city on the east coast of the Yucatán Peninsula in Mexico. It is the capital of the state of Quintana Roo and the municipal seat of the Municipality of Othón P. Blanco. In 2020 ...
after discovering this legal quirk, but both cities rejected their applications, arguing that a man-woman marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkin on 28 November 2011. In May 2012, the Secretary of State issued a decision allowing for future same-sex marriages to be performed in Quintana Roo. In November 2014, it was announced that a bill to officially legalize same-sex marriage in the state would be introduced and voted on in the current legislative session, thereby replacing the loophole used by couples. In May 2017, a new same-sex marriage bill was introduced to the state Congress.


San Luis Potosí

On 28 April 2014, a citizens' initiative to legalize same-sex marriage was submitted to the Congress of
San Luis Potosí San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
. On 8 August 2014, the Deputy Chairman of the Commission on Human Rights and Gender Equity, Miguel Maza Hernández, said that analysis of the proposal would begin. On 17 June 2015, Hernández announced the state's commitment to extending marriage to same-sex couples and stated that deliberations would happen after the June 2015 Supreme Court ruling declaring all laws against same-sex marriage unconstitutional is published in the judicial gazette. On 6 June 2016, it was announced that a special committee would study the marriage bill and vote on it within 90 days. In November 2016, the state Congress voted against the bill legalizing same-sex marriage. One PRD deputy, who mistakenly voted against the bill, announced that he would introduce a new same-sex marriage proposal in 2017. The new bill was introduced in October 2017. It was approved by the state Congress on 16 May 2019, in a vote of 14–12, with 1 abstention and signed by the Governor on 20 May 2019.


Sinaloa

In January 2013, the Family Code of the state of Sinaloa was changed to limit marriage or cohabitation to couples consisting of a man and a woman. Three injunctions were filed to contest the changes, but two were dismissed. On 2 September 2014, Deputy Sandra Lara launched an initiative to amend articles 40 and 165 of the Family Code and allow for same-sex marriage in the state. In February 2015, the conservative National Action Party (PAN) introduced a civil union bill which would have banned children of same-sex partners from residing with their same-sex parents. In July 2017, PAN and the New Alliance Party of Sinaloa announced their support for same-sex marriages. According to a September 2017 poll, 57% of Sinaloans supported same-sex marriage. The July 2018 elections resulted in MORENA, a pro-same-sex marriage party, winning the majority of legislative seats in Sinaloa. On 25 November 2016, the Supreme Court issued its fifth
resolution Resolution(s) may refer to: Common meanings * Resolution (debate), the statement which is debated in policy debate * Resolution (law), a written motion adopted by a deliberative body * New Year's resolution, a commitment that an individual m ...
against Sinaloa's same-sex marriage ban. The Court declared the state's same-sex marriage ban unconstitutional, void and inoperable. According to local LGBT activists however, state authorities deliberately delayed the legalization of same-sex marriage. On 15 May 2018, following approximately 17 months of delay, the Supreme Court ordered the state to legalize same-sex marriage within 90 days or face unspecified consequences. However, that deadline also passed without the state legalizing same-sex marriage. On 19 June 2019, Congress rejected proposed same-sex marriage legislation by 20 to 18, including six legislators from MORENA voting against. On 12 June 2021, a federal court ordered the Sinaloa Congress to legalize same-sex marriage within three days, with any legislators who vote against the bill to be found in contempt of court and unable to run for or hold office for seven years. On 15 June 2021, the Sinaloa Congress voted 23–0 to pass the bill legalizing same-sex marriage in the state, with all dissenters marking themselves absent for the vote. It took effect one day after being published in the official gazette on 29 June 2021.


Sonora

Same-sex couples could marry only with the assistance of an amparo (court order) until 11 May 2016, when the Director of the State Civil Registry, Martha Julissa Bojórquez Castillo, announced that same-sex couples could begin marrying in the state without the need for an amparo. However, on 18 May 2016, the Governor ordered all civil registries in the state to retain the existing statutory ban on same-sex marriage and only provide same-sex couples with marriage certificates if they successfully receive an amparo. In September 2017, all political parties in the state agreed to begin analyzing a proposed same-sex marriage bill. The bill's main sponsor said he was hopeful it would be accepted. The July 2018 elections resulted in pro-same-sex marriage parties winning a majority of legislative seats in Sonora. On 23 September 2021, the Congress of Sonora passed a bill legalizing same-sex marriage throughout the state. It went into force on 22 October.


Tabasco

The Congress of Tabasco passed a bill to reform the state civil code to allow same-sex marriage on 19 October 2022. It was scheduled to take effect on 30 October 2022. After Mexico City's Legislative Assembly legalized same-sex marriages and
LGBT adoption Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption). Joint adoption by same-sex co ...
in December 2009, debate resurged in states where civil unions had been previously proposed. In 2009, in the southeastern state of
Tabasco Tabasco (), officially the Free and Sovereign State of Tabasco ( es, Estado Libre y Soberano de Tabasco), is one of the 32 Federal Entities of Mexico. It is divided into 17 municipalities and its capital city is Villahermosa. It is located in ...
, 20 same-sex couples sent a motion to the state Congress, asking it to allow them to marry. The state's largest political parties, the
Institutional Revolutionary Party The Institutional Revolutionary Party ( es, Partido Revolucionario Institucional, ; abbr. PRI) is a political party in Mexico that was founded in 1929 and held uninterrupted power in the country for 71 years, from 1929 to 2000, first as the Nati ...
(PRI) and the
Party of the Democratic Revolution The Party of the Democratic Revolution (PRD, es, Partido de la Revolución Democrática, ) is a social democratic political party in Mexico. The PRD originated from the Democratic Current, a political faction formed in 1986 from the Institu ...
(PRD), announced their support for same-sex marriage in 2010. Despite the support of political parties, there was no legislative will to change the law, so in April 2014 an initiative to reform Article 154 of the Civil Code of the State of Tabasco and legalize same-sex marriage was presented by the organization Tabasco Unites for Diversity and Sexual Health ( es, link=no, Tabasqueños Unidos por la Diversidad y la Salud Sexual; Tudyssex). PRD submitted its own same-sex marriage and adoption bill on 3 July 2015. The July 2018 elections resulted in MORENA, a pro-same-sex marriage party, winning the majority of legislative seats and the governorship. The Congress passed the same-sex marriage bill on 19 October 2022 with a 23-5 vote. It was signed by Governor
Carlos Manuel Merino Campos Carlos Manuel Merino Campos (born 11 August 1963) is a Mexican politician affiliated with the National Regeneration Movement party and the current interim Governor of Tabasco List of governors of the Mexican state of Tabasco See also * Li ...
, and published in the official state journal on 26 October, taking effect the next day.


Tamaulipas

The Congress of Tamaulipas passed a bill to reform the state civil code to allow same-sex marriage on 26 October 2022 in a 23-12 vote. It was the final state to legalize same-sex marriage. In 2011, a bill to provide "coexistence" for same-sex couples was promoted by local organizations in
Tamaulipas Tamaulipas (), officially the Free and Sovereign State of Tamaulipas ( es, Estado Libre y Soberano de Tamaulipas), is a state in the northeast region of Mexico; one of the 31 states which, along with Mexico City, comprise the 32 Federal Entiti ...
. In 2012, organizers presented legislators with 25,000 signatures in favor of same-sex marriage. In 2013, the PRD agreed to bring the issue to the Congress of Tamaulipas and support the proposal. In June 2015, Deputy Olga Sosa Ruiz confirmed that the Congress of Tamaulipas was working on a bill to legalize same-sex marriage. She stated that the reform is complex as they are attempting to remove all discriminatory terms and are working with the Gender Equality Commission. She predicted that the law would be passed within the next legislative session, though no bill has passed as of October 2022. In September 2018, the Supreme Court began proceedings against Tamaulipas' same-sex marriage ban. On 16 November 2018, the Court issued its fifth
resolution Resolution(s) may refer to: Common meanings * Resolution (debate), the statement which is debated in policy debate * Resolution (law), a written motion adopted by a deliberative body * New Year's resolution, a commitment that an individual m ...
against Tamaulipas, declaring the state's marriage ban unconstitutional and ordering the state to modify it within 180 business days. Tamaulipas was one of four states without same-sex marriage where pro-same-sex marriage parties did not win a majority of legislative seats in the 2018 election. However, the other three had all passed same-sex marriage legislation by early 2022. A state deputy filed a lawsuit with the Supreme Court against the state, to force it to comply with the earlier ruling. A bill to legalize same-sex marriage was passed through the commission stage on a 14-1 vote on 19 October 2022. It was then passed by the unicameral Congress of Tamaulipas on 26 October 2022 with 23 votes in favour and 12 against, and was published in the government gazette on 18 November.


Tlaxcala

On 29 December 2016, the Congress of Tlaxcala approved a coexistence bill. The bill established
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s, under the name ''sociedad de convivencia solidaria'', which provides cohabiting same-sex and opposite-sex couples with many of the same rights and obligations of marriage. It was published in the official journal, following the Governor's signature, on 11 January 2017 and took effect the following day. On 13 October 2017, the
New Alliance Party The New Alliance Party (NAP) was an American political party formed in New York City in 1979. Its immediate precursor was an umbrella organization known as the Labor Community Alliance for Change, whose member groups included the Coalition of ...
introduced a same-sex marriage bill to the State Congress. The July 2018 elections resulted in MORENA and the Labor Party, pro-same-sex marriage parties, winning the majority of legislative seats in Tlaxcala. On 8 December 2020, the Congress of Tlaxcala approved a marriage-equality bill in a 16–3 vote.


Veracruz

Same-sex marriage was approved by the Congress of Veracruz in a 38–4 vote on June 2, 2022, three days after the Supreme Court of Justice of the Nation ruled that articles of the state Civil Code that barred same-sex couples from marriage were invalid. Congress had previously enacted recognition of same-sex concubinage in May 2020. In September 2016, the head of Veracruz's adoption agency announced that same-sex couples may adopt children jointly in the state. In April 2017, the Civil Registry of
Xalapa Xalapa or Jalapa (, ), officially Xalapa-Enríquez (), is the capital city of the Mexican state of Veracruz and the name of the surrounding municipality. In the 2005 census the city reported a population of 387,879 and the municipality of whi ...
announced its support for same-sex marriage. On 20 February 2017, Governor Miguel Ángel Yunes issued an executive order legalizing same-sex marriage in the state. Four days later, following protests from Catholic groups, Governor Yunes repealed the order. Following the repeal of the order, LGBT activists announced they were filing a case to legalize same-sex marriage in the state. On 20 July 2017, the case against the Governor and the state's same-sex marriage ban was filed before the Fourth District Court. On 7 November 2017, the Court issued its ruling in the case, declaring the state's ban on same-sex marriage unconstitutional. Some LGBT groups had suggested that the ruling effectively legalizes same-sex marriage in the state, though state officials announced that they would continue to enforce the state's marriage ban. In July 2018, as one of their last actions before leaving office, PAN submitted a proposal to Congress to explicitly ban same-sex marriage in the state Constitution. It failed to pass, with 32 deputies in favor, 10 against and 2 absentions. It needed 33 votes to pass, thus failing by one vote.


Yucatán

The Yucatán state congress legalized same-sex marriage in a unanimous vote on 1 March 2022, after it overwhelmingly approved a state constitutional amendment in August 2021 that would permit same-sex marriage legislation. The local Congress had overwhelmingly approved a constitutional ban on same-sex marriage in a 24–1 vote on 21 July 2009. The bill was promoted by right-wing organization ''Pro Yucatán Network'' to reject all efforts by people of the same sex to form a family and adopt children. PAN politicians justified the ban alleging that "there still aren't adequate conditions within Yucatán society to allow for unions between people of the same sex". The event led to protests outside the local Congress by LGBT organizations, whose leaders were expected to appeal the case to the Supreme Court. On 17 May 2014, a group of civil society organizations brought a legal action before the Constitutional Court of the State of Yucatán under the guise of "correcting a legislative omission." It was the first time a mechanism to correct an omission had been used in Mexico as the basis of a suit. The organizations claimed 10 injunctions had been approved in the state without legislative action. The suit asked for Articles 49 and 94 of the Family Code which limit marriage to one man and one woman to be "considered in the broadest sense and that the gender of its members be undefined." On 2 March 2015, the Yucatán court dismissed the appeal for constitutional action to change the Civil Code. Supporters of amending the code vowed to appeal the decision. In June 2015, they filed a lawsuit against the Yucatán court in federal court. The suit argued that the Yucatán court's decision was flawed as the Constitution prohibits discrimination on the basis of sexual orientation. After postponing a hearing five times, the Supreme Court dismissed the lawsuit on 31 May 2017. On 24 May 2016, a prominent member of the state Congress stated that Yucatán would wait for the
Congress of the Union The Congress of the Union ( es, Congreso de la Unión, ), formally known as the General Congress of the United Mexican States (''Congreso General de los Estados Unidos Mexicanos''), is the legislature of the federal government of Mexico con ...
to legislate on same-sex marriage before taking the necessary steps to legalize it. In September 2017, the Yucatán Congress unanimously approved a PRD-proposed bill to begin discussion on issues that had previously been neglected and not discussed, including same-sex marriage. On 15 August 2018, Governor Rolando Zapata Bello introduced bills to amend the state Constitution and Family Code to legalize same-sex marriage. On 10 April 2019, the state Congress rejected an amendment to repeal the constitutional ban on same-sex marriage, in a 9–15 vote. In response to the failure to pass legislation, the 17th Pride Parade in Mérida saw the unprecedented participation of around 8,000 people. A second attempt at legalizing same-sex marriage failed on 15 July 2019, with 15 votes against and 9 votes in favor. On 25 August 2021, the Congress of Yucatán approved in a 20–5 vote a bill that would repeal the heterosexual definition of marriage in the state constitution, thus allowing same-sex marriage. The bill was signed by the Governor on 3 September 2021 and published on 7 September 2021. Congress had 180 days from that date (i.e., until 6 March 2022) to amend all laws, including the Family Code, to conform with the new wording of the constitution. The state congress voted unanimously to pass secondary legislation allowing same-sex marriage on 1 March 2022.


Zacatecas

On 18 June 2015, a member of PRD announced that she would submit a bill to reform the state's Civil and Family Codes to give same-sex couples the same rights as heterosexual married couples. The July 2018 elections resulted in pro-same-sex marriage parties winning a majority of legislative seats in Zacatecas. On 14 February 2019, the city of Zacatecas announced it would begin issuing same-sex marriage certificates. Despite claims from the Governor that the marriages would be void, and calls from Bishop Sigifredo Noriega to stop the marriages, the first couple married on 23 February. The municipality of
Cuauhtémoc Cuauhtémoc (, ), also known as Cuauhtemotzín, Guatimozín, or Guatémoc, was the Aztec ruler (''tlatoani'') of Tenochtitlan from 1520 to 1521, making him the last Aztec Emperor. The name Cuauhtemōc means "one who has descended like an eagle" ...
followed suit on 1 March, while a new same-sex marriage bill was introduced to the state Congress around that time. Villanueva followed suit on 20 May 2019. On 14 August 2019, the state Congress rejected a bill to legalize same-sex marriage, in 11–13 vote, with 2 abstentions. On 14 December 2021, the state Congress approved a bill to legalize same-sex marriage, in 18–10 vote, with 1 abstention. It took effect on 30 December 2021, the day after its publication in the official gazette.


Marriage statistics

In 2020, 335,563 marriages were celebrated in Mexico. Of these, 2,476 (0.7%) were between same-sex partners,


Public opinion

In a Parametría poll, conducted from 17 to 20 November 2006, 1,200 Mexican adults were asked if they would support a constitutional amendment that would legalize same-sex marriage in Mexico. 17% responded yes, 61% said no and 14% had no opinion. The same poll showed 28% in support of same-sex civil unions, 41% were opposed and 28% had no opinion. From 27 to 30 November 2009, major Mexican newspaper '' El Universal'' polled 1,000 Mexico City citizens concerning the legalization of same-sex marriage in the city. 50% supported it, 38% were against it and 12% had no idea. The same poll showed that support was stronger among the youngest population (age: 18–29), 67%, and weaker among the oldest (age: 50-onwards), 38%. With 48%, the most cited reason was "right of choice" for the supporters, followed by "everybody is equal" with 14%. 39% of the opposers cited "it is not normal" as the main reason to not support same-sex marriage, followed by "we lose values" with 18%. Guillermo Bustamante Manilla, a PAN member and president of the National Union of Parents of Families ( es, link=no, Unión Nacional de Padres de Familia), as well as the father of Guillermo Bustamante Artasánchez, a law director of the
Secretary of the Interior Secretary of the Interior may refer to: * Secretary of the Interior (Mexico) * Interior Secretary of Pakistan * Secretary of the Interior and Local Government (Philippines) * United States Secretary of the Interior See also *Interior ministry An ...
, opposes abortion and same-sex civil unions and has described the latter as "anti-natural." He has publicly asked voters not to cast votes for "abortionists" parties and those who are in favor of homosexual relationships. A study conducted by Vanderbilt University in 2010 concluded that 37.8% of Mexicans supported same-sex marriage. A poll conducted in July 2013 found a significant increase in support for same-sex marriage, with 52% of Mexicans in favour of legalising same-sex marriage. When broken down by religion, support was 52% among Roman Catholics and 62% among non-religious people. However, in the same poll, only 24% of respondents supported same-sex adoption. According to a Pew Research Center survey, conducted between 30 October and 12 November 2013, 49% of Mexicans supported same-sex marriage, 43% were opposed. In early 2014, the Strategic Communication Cabinet, a statistical consulting services company, published a report called "Social Intolerance in Mexico", in which polls that covered several social issues were conducted in the 45 largest cities and municipalities. The study found that the strongest support for same-sex marriages was registered in Mexico City, Tijuana,
San Luis Potosí San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
,
Colima Colima (), officially the Free and Sovereign State of Colima ( es, Estado Libre y Soberano de Colima), is one of the 31 states that make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima. Colima i ...
and
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; whereas it was the weakest in
Durango Durango (), officially named Estado Libre y Soberano de Durango ( en, Free and Sovereign State of Durango; Tepehuán: ''Korian''; Nahuatl: ''Tepēhuahcān''), is one of the 31 states which make up the 32 Federal Entities of Mexico, situated in ...
,
Ciudad Victoria Ciudad Victoria () is the seat of the Municipality of Victoria, and the capital of the Mexican state of Tamaulipas. It is located in the northeast of Mexico at the foot of the Sierra Madre Oriental. It borders the municipality of Güémez to t ...
,
Aguascalientes Aguascalientes (; ), officially the Free and Sovereign State of Aguascalientes ( es, Estado Libre y Soberano de Aguascalientes), is one of the 32 states which comprise the Federal Entities of Mexico. At 22°N and with an average altitude of a ...
,
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and Monterrey. Additionally, adoption by same-sex couples was more widely accepted in Mexico City, the border cities of Tijuana and Ciudad Juárez, as well as
Xalapa Xalapa or Jalapa (, ), officially Xalapa-Enríquez (), is the capital city of the Mexican state of Veracruz and the name of the surrounding municipality. In the 2005 census the city reported a population of 387,879 and the municipality of whi ...
and
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; meanwhile the least support was found in Chihuahua,
Guadalajara Guadalajara ( , ) is a metropolis in western Mexico and the capital of the state of Jalisco. According to the 2020 census, the city has a population of 1,385,629 people, making it the 7th largest city by population in Mexico, while the Guadalaj ...
, Aguascalientes, Durango and Campeche. Following President Enrique Peña Nieto's proposal to legalize same-sex marriage in Mexico in May 2016, a poll on the issue was carried out by ''Gabinete de Comunicación Estratégica''. 69% of respondents were in favor of the change. 64% said they saw it as an advance in the recognition of human rights. Public opinion changed radically over the course of 16 years. In 2000, 62% felt that same-sex marriage should not be allowed under any circumstances. In 2016, only 25% felt that way. In addition, a BGC-Excélsior survey conducted the same month found similar numbers: 65% of Mexicans expressed support for same-sex marriage. However, a poll conducted by Parametría that same month found completely opposite figures. According to the polling firm, 59% of Mexicans opposed same-sex marriage. The 2017 AmericasBarometer showed that 51% of Mexicans supported same-sex marriage. A 2017 survey by the ''Instituto Nacional de Estadística y Geografía'' (INEGI) found that opposition to same-sex marriage was most marked in southern Mexico, namely the states of Chiapas (58.7%), Tabasco (56.5%), Campeche (56.1%), Veracruz (54.3%) and Guerrero (54.0%). It was lowest in the central and northwestern parts of the country, with Mexico City (28.6%), Baja California (30.7%), Sonora (31.4%), Querétaro (32.4%) and México (33.8%) being the five states/districts with the least opposition. Overall, 42.6% men and 38.5% women in Mexico opposed same-sex marriage. A study by the National Institute of Statistics and Geography (INEGI) in 2022 indicated that 76% of Mexicans supported same-sex marrige.


See also

* LGBT rights in Mexico * Recognition of same-sex unions in the Americas


Notes


References


External links


Law for Coexistence Partnerships (Mexico City)
— full text
Civil Pact of Solidarity (Coahuila)
— full text {{DEFAULTSORT:Recognition Of Same-Sex Unions In Mexico LGBT rights in Mexico 2006 in Mexico 2007 in Mexico