Neha Patil (Editor)

Same sex marriage in Michoacán

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Same-sex marriage is legal in the Mexican state of Michoacán since 23 June 2016. On 18 May 2016, the state Congress approved a bill to legalise same-sex marriage in the state by a vote of 27 in favour, none opposed and 8 abstentions. Previously, congress had refused to amend sections 123 and 125 of the Civil Code following a ruling by a state judge requiring the legislature to do so.

Contents

Civil unions

On 13 November 2006, it was announced that civil unions bill for Michoacán, would be formally proposed. However, as of August 2009, the bills stalled, meaning they were not discussed by the local congress. After marriage was passed in the Federal District, the PRD announced it would propose bills for same-sex marriage and adoption, along with same-sex civil unions (Law for Coexistence Partnerships) in 2010. A bill was submitted in March 2010 by the Grupo de Facto Diversidad Sexual, which proposed both marriage and cohabitation, but did not mention same-sex adoption. As with the previous proposal, it stalled.

On 27 August 2015, the Justice and Human Rights Committee approved a new text of the Family Code that would maintain the heterosexual definition of marriage but enact a domestic partnership law for same-sex couples. It was approved unanimously by the full Michoacán Congress on 7 September 2015. The law was published on 30 September 2015 in the state's official journal. Following the Family Code's passage, a lawsuit claiming discrimination and unconstitutionality was filed before the Mexican Supreme Court in October.

Since 23 June 2016, a domestic partnership is defined as the legal union between two individuals. Such unions are therefore open to both opposite-sex and same-sex couples (they were previously open to same-sex couples only).

Injunctions

After 4 years of legal processes, on 5 March 2014, a federal court ruled that a lesbian couple could marry. It was the first case in Mexico which was not elevated to the Supreme Court. The couple married on 12 March 2014. On 6 May 2014, it was announced that a second lesbian couple had obtained an injunction and seven more cases were pending. They married on 16 May 2014 and subsequently on 15 August 2014 filed the registration of their twin children's birth, which had also been approved by an injunction. It was the first registration in the state of a child born to a same-sex couple. Gerardo Herrera Pérez, leader of Grupo Facto de Diversidad Sexual en Michoacán, announced the collections of 100 signatures for a collective amparo in Michoacán in September 2014 and initiation of the first same-sex adoption in the state by a couple who are from Michoacán, but were married in Mexico City.

On 20 June 2015, it was announced that a lesbian couple had gained an amparo in Michoacán, making them the third couple to obtain an amparo in the jurisdiction. It was noted that their initial application for an injunction was made one month prior. On 29 June 2015, the Civil Registry announced that they had formalized six same-sex unions in the last year, but the laws of the state had not changed and it might take an injunction to force the issue. On 10 July 2015, a 7th district judge ordered the state to accommodate a lesbian couple's injunction. The ruling gave the Governor and Congress President until 15 July 2015 to make the arrangements and revise the laws mentioning marriage, or face penalties for the previous approval of a Family Code which excluded same-sex couples that was later deemed unconstitutional. The attorney leading the injunction had told the media that state leaders would be found liable for not vetoing the discriminatory revision of the Family Code if it is not modified in accordance with the judge's order. It was announced on 13 July 2015 that Congress would abide by the judge's ruling. When questioned by the media on 14 July 2015, Governor Salvador Jara Guerrero declared that the changes will be applied on 15 July and was quoted as saying "Of course!" to removing the heterosexual definition of marriage in the state's code. On 31 July 2015, it was announced that an additional 19 new amparos permitting same-sex marriage have been granted in Michoacán. In making the announcement, Deputies Talía Vázquez Alatorre and Cristina Portillo Ayala, regretted that the Congress still had yet to act, but hoped that these further injunctions would emphasize the need for passage of the reforms to the civil code.

Legalisation

On 18 May 2016, the state Congress approved a same-sex marriage bill by 27 votes to 0, with 8 abstentions. This had followed previous attempts by the legislature to pass a domestic partnerships law for same-sex couples instead of a same-sex marriage law as required by a judicial ruling in July 2015 (see above). The marriage law was published in the state's official diary on 22 June 2016 and came into effect on 23 June. The law allows same-sex couples to adopt children jointly.

References

Same-sex marriage in Michoacán Wikipedia