Same-sex marriage in Baja California Sur
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Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
has been legal in Baja California Sur since 29 June 2019. On 27 June, the state Congress passed a bill opening
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
to same-sex couples. It was published in the official state gazette on 28 June and took effect the following day, legalizing same-sex marriage in Baja California Sur.


Legal history


Background

The
Mexican Supreme Court The Supreme Court of Justice of the Nation ( es, Suprema Corte de Justicia de la Nación (SCJN) is the Mexican institution serving as the country's federal high court and the spearhead organisation for the judiciary of the Mexican Federal Gov ...
ruled on 12 June 2015 that state bans on
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual '' amparos'' in court. The ruling standardized the procedures for judges and courts throughout
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
to approve all applications for same-sex marriages and made the approval mandatory. The first ''amparo'' in favor of same-sex marriage in Baja California Sur was granted on 21 October 2014. The case involved 9 same-sex couples, 14 women and 4 men, who had filed an ''amparo'' in August 2014 contesting the constitutionality of articles 150 and 330 of the state Civil Code. Article 150 defined
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
as the "legitimate union of a man and a woman" and whose goal was "perpetuating the species", and article 330 similarly defined
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. Concubin ...
as between "a man and a woman". On 21 October, a district court judge declared the two articles unconstitutional and gave the 9 couples in question the right to marry. The Supreme Court ruled in favor of the couples on appeal in March 2016. This court decision only allowed the 9 couples involved in the case to marry. The couples were represented by LGBT activist and lawyer Nolzuly Almodóvar García. In February 2015, 18 same-sex couples, 32 women and 4 men, filed an ''amparo'' in court seeking the right to marry their partner. It was granted by the First District Court in April 2015. Lawyer Almodóvar García has represented several same-sex couples in these ''amparos''. In November 2014, he helped 10 couples from La Paz file an ''amparo'' for the right to marry, and did so again in April 2015 for 6 more couples. By 20 August 2016, 180 people had been granted the right to marry by the courts.


Legislative action

On 9 April 2010, the
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
organization proposed amendments to the Civil Code of Baja California Sur to legalize same-sex marriage and adoption by same-sex couples. No action was taken by the state Congress over the following years, as local politicians deflected the issue arguing that "the public must be consulted". Even after several court decisions in favor of same-sex couples, members of the local Congress said that the issue was not on the legislative agenda. On 25 March 2015, the Chief Justice of the Baja California Sur Supreme Court, Daniel Gallo Rodríguez, introduced a same-sex marriage bill to Congress. On 15 April, a member of Congress told the media that analysis of the proposal would begin in May 2015. On 17 May 2016, the
International Day Against Homophobia International Day Against Homophobia, Biphobia, Lesbophobia and Transphobia is observed on May 17 and aims to coordinate international events that raise awareness of LGBT rights violations and stimulate interest in LGBT rights work worldwide. By ...
, a congresswoman from the conservative National Action Party (PAN) announced that the bill would be voted on before 30 June. No vote took place however, and the proposal was put in the "legislative freezer" (''congelador legislativo''). In the July 2018 elections, 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 Regene ...
(MORENA) and other parties supporting same-sex marriage won a majority of legislative seats in Congress. In September 2018, several deputies promised to push for the legalization of same-sex marriage. In May 2019, Deputy Rosalba Rodríguez López introduced a same-sex marriage bill to Congress. On 27 June 2019, the state Congress approved the legislation 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 federal ...
the same day and published in the official state gazette on 28 June. The law took effect the following day. Article 150 of the Civil Code of Baja California Sur now reads as follows: * in
Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Can ...
: * (''Marriage is the free union of two people with the purpose of building a community of life, where both partners seek respect, equality and mutual aid, by means of domestic and sexual cohabitation.'') The law granted married same-sex couples the same rights, benefits and responsibilities as married opposite-sex couples, including
property rights The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
,
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. Officia ...
rights, hospital visitation rights, the right to make emergency medical decisions for a partner, protection from domestic violence, etc., but with the exception of adoption rights. In June 2022, Deputy María Guadalupe Moreno Higuera introduced legislation to Congress to permit married same-sex couples to petition to adopt. The bill was passed into law in November 2022. In May 2023, the Baja California Sur Congress approved a citizen-initiated bill expanding the recognition of concubinage to same-sex couples.


Marriage statistics

The following table shows the number of same-sex marriages performed in Baja California Sur since 2019 as reported by the
National Institute of Statistics and Geography The National Institute of Statistics and Geography (INEGI by its name in es, Instituto Nacional de Estadística, Geografía e Informática) is an autonomous agency of the Mexican Government dedicated to coordinate the National System of Stat ...
.


Public opinion

A 2017 opinion poll conducted by found that 59% of Baja California Sur residents supported same-sex marriage, while 36% were opposed.Encuesta nacional 2017
, ''Gabinete de Comunicación Estratégica''
According to a 2018 survey by the
National Institute of Statistics and Geography The National Institute of Statistics and Geography (INEGI by its name in es, Instituto Nacional de Estadística, Geografía e Informática) is an autonomous agency of the Mexican Government dedicated to coordinate the National System of Stat ...
, 42% of the Baja California Sur public opposed same-sex marriage.


See also

*
Same-sex marriage in Mexico 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 (s ...
* LGBT rights in Mexico


References

{{DEFAULTSORT:Same-Sex Marriage in Baja California Sur Baja California Sur Baja California Sur 2019 in LGBT history