Same-sex marriage in Baja California: Difference between revisions

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→‎top: It's not actually legal–yet; what happened was that five towns in Baja decided to welcome same-sex couples and issue marriage licenses in contravention to existing law. The Diversity Minister called on the Baja Congress to change the law.
No, it was the 5 municipalities that began marrying gay couples, not 5 cities. Since BC has only 5 municipalities, it's now legal in the entire state.
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'''[[Same-sex marriage]]''' became a reality in the Mexican state of [[Baja California]] on 3 November 2017. On that day, the State Government announced that it would cease to enforce its same-sex marriage ban and that the Civil Registry will begin accepting applications for marriage licenses by same-sex couples. This was in line with jurisprudence established by the [[Supreme Court of Justice of the Nation|Mexican Supreme Court]], which has ruled that same-sex marriage bans are unconstitutional.
'''[[Same-sex marriage]]''' became legal in the Mexican state of [[Baja California]] on 3 November 2017. On that day, the State Government announced that it would cease to enforce its same-sex marriage ban and that the Civil Registry will begin accepting applications for marriage licenses by same-sex couples. This was in line with jurisprudence established by the [[Supreme Court of Justice of the Nation|Mexican Supreme Court]], which has ruled that same-sex marriage bans are unconstitutional.


==History==
==History==
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On 22 December 2016, a judge declared the state's same-sex marriage unconstitutional and granted an amparo to another same-sex couple.<ref>{{es icon}} [http://www.lacronica.com/EdicionEnLinea/Notas/Noticias/27122016/1162797-Otorga-juez-amparo-para-otra-boda-gay.html Otorga juez amparo para otra boda gay]</ref>
On 22 December 2016, a judge declared the state's same-sex marriage unconstitutional and granted an amparo to another same-sex couple.<ref>{{es icon}} [http://www.lacronica.com/EdicionEnLinea/Notas/Noticias/27122016/1162797-Otorga-juez-amparo-para-otra-boda-gay.html Otorga juez amparo para otra boda gay]</ref>


In September 2017, a same-sex couple successfully married without first receiving an amparo.<ref>{{es icon}} [http://www.frontera.info/EdicionEnLinea/Notas/Noticias/20102017/1265969-Logran-ser-el-primer-matrimonio-igualitario-en-BC.html Logran ser el primer matrimonio igualitario en BC]</ref>
In September 2017, a same-sex couple successfully married in [[Tijuana]] without first receiving an amparo.<ref>{{es icon}} [http://www.frontera.info/EdicionEnLinea/Notas/Noticias/20102017/1265969-Logran-ser-el-primer-matrimonio-igualitario-en-BC.html Logran ser el primer matrimonio igualitario en BC]</ref>


===Government decree===
===Government decree===

Revision as of 14:59, 6 November 2017

Part of the LGBT rights series
Marriage

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Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Same-sex marriage became legal in the Mexican state of Baja California on 3 November 2017. On that day, the State Government announced that it would cease to enforce its same-sex marriage ban and that the Civil Registry will begin accepting applications for marriage licenses by same-sex couples. This was in line with jurisprudence established by the Mexican Supreme Court, which has ruled that same-sex marriage bans are unconstitutional.

History

State recognition of same-sex relationships in Mexico.
  Marriage at the state level
  5+ court orders supporting marriage, requiring legalization by the state government
  1–4 court orders supporting individual marriage

On 23 August 2010, shortly after the ruling of the Mexican Supreme Court requiring all states to recognise same-sex marriages validly performed in another state, state legislators introduced an amendment to article 7 of the Constitution of the State of Baja California, adding the definition of marriage as being the union of a man and a woman. On 29 September 2010, the Congress of Baja California voted 18–1 in favor of the amendment, and after approval by municipalities, it was published on 27 May 2011.[1] On 13 November 2014, the Supreme Court of Mexico ruled that Baja California's constitutional ban on same-sex marriage was unconstitutional.[2][3]

Because the Legislature had made no efforts since 2011 to reform the Civil Code, a complaint was filed with the Comisión Ciudadana de Derechos Humanos del Noroeste (CCDH) on 27 November 2014.

On 14 January 2015, Raúl Ramírez Baena, director of the CCDH, filed a petition with the Governor and five municipal officers of the state requiring them to provide notification to the registrars throughout the jurisdiction on how to proceed with same-sex marriages in compliance with the Mexican Constitution.[4]

Legislative action

A bill was introduced in the Baja California Congress on 12 February 2015 to fully legalise same-sex marriage in the state by changing article 7 of the state Constitution.[1][5] In March 2015, politicians in Tijuana began work on an initiative to legalise same-sex marriage in the city.[6]

Amparos

On 18 March 2013, a male same sex couple applied to marry in Ensenada. They were denied on 21 March and filed an amparo on 12 April 2014.[7] On 31 October 2014, the Seventh District Court ordered the City of Ensenada to allow their marriage,[8] which had been denied by the registrar a year and a half earlier.[9] Officials in Ensenada later stated that they would honor an injunction, but noted that though one was approved there, the couple did not ask for a ceremony.[10]

On 17 June 2013, a male same-sex couple were denied the right to marry in Mexicali and applied for an injunction.[11] The injunction was approved in October 2013,[12] but was appealed by the registrar to the Supreme Court.[13] On 25 June 2014, the initial injunction was upheld and Mexico's Supreme Court deemed the state's marriage ban unconstitutional.[14] On 31 October 2014, the officer of civil registrar of Mexicali, Adriana Guadalupe Ramirez, notified the couple that the decision would not be appealed, the refusal was withdrawn, and the marriage could proceed.[15] Though Ramirez scheduled the ceremony for 21 November 2014, when the couple appeared in the Wedding Hall to marry, the judge refused to perform the ceremony and the celebrants were evacuated after a bomb threat was received.[16][17] The Civil Registry claimed that discrepancies in documents had been rectified and announced a rescheduling of the wedding for 10 January 2015.[18] On 10 January 2015, the couple again returned to the registry for their marriage ceremony which was declined for the 4th time, under a citizen's allegation that the couple suffers from insanity. The citizen who made the allegation is an official who performs premarital counseling required by the city and who had refused to give the couple the certificate that they had completed the counseling.[19] In response to the ongoing controversy in Mexicali, officials in Tijuana announced that they were willing to comply with an amparo and offer premarital counseling to same-sex couples.[20] Lawyers for the couple filed contempt of court proceedings against the mayor and registrar for failure to carry out the instructions of the Supreme Court.[21] During a protest march scheduled by the LGBT community, officials in Mexicali announced that they were dismissing the accusation of "madness" and were ready to perform the marriage. On 17 January 2015, the first same-sex couple were married in Baja California.[22][23] In March 2015, it was announced that the Government has asked for a review of the amparos granted in the state thus far with the intent of delaying the issuance of jurisprudence.[24]

On 6 August 2013, a lesbian couple were denied a marriage license by the civil registrar in Mexicali and filed for an injunction. They received notice of the injunction's approval on 30 December 2013.[25]

On 22 January 2015, a lesbian couple applied to marry at the Civil Registry in Tijuana and were denied. The couple vowed to fight the denial and insist that as federal law trumps local law, an injunction is unnecessary since the Supreme Court has declared Baja California's Code unconstitutional.[26][27]

Three additional injunctions were filed in September 2014.[28] One of the three couples involved, married on 14 May 2016 after their injunction was granted.[29]

It was announced in June 2015 that ten persons have filed for a collective amparo in Tijuana.[30] It was granted on 18 March 2016.[31]

On 22 December 2016, a judge declared the state's same-sex marriage unconstitutional and granted an amparo to another same-sex couple.[32]

In September 2017, a same-sex couple successfully married in Tijuana without first receiving an amparo.[33]

Government decree

On 3 November 2017, the Government of Baja California announced that it would cease to enforce its ban on same-sex marriage. It instructed the state's 5 municipalities to immediately begin issuing marriage licenses to same-sex couples without requiring them in receive an injunction beforehand.[34][35]

See also

References

  1. ^ a b "Initiative to change article 7 of the Constitution" (PDF). Congress of Baja California. 2015-02-12.
  2. ^ "Mexico's Supreme Court backs gay marriage in Baja California". UTSanDiego.com. 2014-06-25. Retrieved 27 February 2015.
  3. ^ "Listado de Comunicados". .scjn.gob.mx. Archived from the original on 4 September 2014. Retrieved 27 February 2015. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  4. ^ comScore (2012-02-07). "Demanda de amparo contra gobernador y alcaldes por matrimonios gays - Baja California". Unimexicali.com. Retrieved 27 February 2015.
  5. ^ "Mexico: Baja California Congress may legalize gay marriage". San Diego Gay & Lesbian News. 12 February 2015. Retrieved 27 February 2015.
  6. ^ "Lista la modificación para matrimonio gay". oem.com.mx.
  7. ^ UniradioInforma. "Sin fecha de matrimonio segunda pareja homosexual". UniradioInforma.com.
  8. ^ Lorena Lamas. "Ordena juzgado al ayuntamiento de Ensenada permitir boda gay". Semanario ZETA.
  9. ^ "Ensenada también permitirá matrimonio entre dos hombres que se ampararon ante la SCJN". periodismonegro.com. Archived from the original on 5 November 2014. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  10. ^ García, Jayme (14 January 2015). "Pareja gay ya puede casarse en Ensenada". Frontera. Retrieved 25 October 2015.
  11. ^ UniradioInforma. "Víctor y Fernando los primeros en casarse en Baja California". UniradioInforma.com.
  12. ^ "Víctor y Víctor: Primer matrimonio gay en Baja California". SDPnoticias.com.
  13. ^ "Víctor y Fernando en la primera boda gay". oem.com.mx.
  14. ^ "Mexican Supreme Court Rules Against Same-Sex Marriage Ban". Washington Blade. 25 June 2014.
  15. ^ Gabriela Martinez. "Registro Civil de Mexicali acepta casar a pareja gay". Infobaja.
  16. ^ UniMexicali. "Amenaza de bomba y 'desacato' impiden boda gay - Baja California". UniMexicali.com.
  17. ^ "UPDATED! Chaos ensues when Baja California's first gay marriage is denied". San Diego Gay and Lesbian News.
  18. ^ "Nueva fecha para boda entre personas de mismo sexo en BC". Expresiones (in Spanish). Archived from the original on 21 December 2014.
  19. ^ "Por cuarta vez impiden primera boda gay en Baja California; "están locos", los denuncian". Animal Político.
  20. ^ "Prevén los matrimonios gay, si llenan requisitos". oem.com.mx.
  21. ^ "Demandan al alcalde de Mexicali por impedir la primera boda gay pese a un fallo de la Suprema Corte". Animal Político.
  22. ^ "Mexicali y la democracia que quisieron frenar". México Igualitario.
  23. ^ "Celebra Baja California su primer matrimonio entre personas del mismo sexo". elsoldenayarit.mx.
  24. ^ UniradioInforma. "Mexicali interpone recurso legal contra matrimonios gay". UniradioInforma.com.
  25. ^ Martinez, Yerson (4 January 2015). "Dan amparo a pareja gay; tiene aún recurso autoridad". Frontera. Retrieved 25 October 2015.
  26. ^ "Niegan en Tijuana boda a una pareja de mujeres". oem.com.mx.
  27. ^ Andrade, Luis Gerardo (22 January 2015). "Pareja gay intenta casarse en Ayuntamiento". Frontera. Retrieved 25 October 2015.
  28. ^ Molina, Óscar (26 August 2014). "Presentarán tres amparos más para lograr jurisprudencia en bodas gay". La Cronica. Retrieved 25 October 2015.
  29. ^ "Programan tercer matrimonio gay en Mexicali; 2 mujeres" (in Spanish). UniradioInforma.com. 13 May 2016.
  30. ^ Ramírez, Saúl Alejandro (15 June 2015). "10 parejas del mismo sexo han solicitado matrimonio ante Registro Civil de Tijuana" (in Spanish). Tijuana, Mexico: Zeta Tijuana. Retrieved 16 June 2015.
  31. ^ "It Gets Better Mx on Twitter@MX_Igualitario ganó otro amparo colectivo en Baja California a favor del #MatrimonioIgualitario". twitter.com. Retrieved 5 November 2017.
  32. ^ Template:Es icon Otorga juez amparo para otra boda gay
  33. ^ Template:Es icon Logran ser el primer matrimonio igualitario en BC
  34. ^ "RECONOCIMIENTO DE MATRIMONIO CIVIL IGUALITARIO EN BAJA CALIFORNIA, ALECCIONADORA CONTRIBUCIÓN A LA DIVERSIDAD". diversidadsexual.prd. 4 November 2017.
  35. ^ Template:Es icon Matrimonio igualitario una realidad en Baja California
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