Same-sex marriage in Michoacán

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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
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Notes
  1. ^ a b 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. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in Michoacán since 23 June 2016. On 18 May 2016, the Congress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.[1]

Michoacán also offers domestic partnerships to same-sex and opposite-sex couples. Legislation to this effect passed Congress in September 2015.

Domestic partnerships

In November 2006, it was announced that several civil union bills would be formally introduced to the Congress of Michoacán. A bill was introduced in 2007, but it stalled and was not voted on.[2] After same-sex marriage was approved in Mexico City in 2010, the Party of the Democratic Revolution (PRD) announced it would propose bills for same-sex marriage and adoption, along with a "law for coexistence partnerships" to legalize same-sex civil unions.[3] A bill was submitted in March 2010 by the Grupo de Facto Diversidad Sexual en Michoacán, which proposed both marriage and cohabitation, but did not mention adoption rights.[4] As with the previous proposals, it stalled.[5]

On 27 August 2015, the Justice and Human Rights Committee approved a new text of the Family Code that maintained the heterosexual definition of marriage but enacted domestic partnerships (Spanish: sociedad de convivencia, pronounced [sosjeˈðað ðe kombiˈβensja]) for same-sex couples. It was approved unanimously by Congress in a 34–0 vote on 7 September 2015.[6][7] The law was published on 30 September 2015 in the state's official journal.[8] The following month, an action of unconstitutionality (accion de inconstitucionalidad; docketed 107/2015) was filed with the Mexican Supreme Court by the State Human Rights Commission. The Commission argued that providing only partnerships to same-sex couples and marriage to opposite-sex couples was discriminatory and violated Articles 1 and 4 of the Constitution of Mexico.[9] The lawsuit was rendered moot as a result of the state's legalization of same-sex marriage in May 2016. The court voted unanimously to dismiss the challenge on 18 June 2018 for this reason.[10]

Domestic partnerships were previously available to same-sex couples only. Since 23 June 2016, heterosexual couples may enter into domestic partnerships as well.[11]

Same-sex marriage

Background

See also: Same-sex marriage in Mexico § México Igualitario Project

After 4 years of legal process,[12] a federal court ruled on 5 March 2014 that the state had unfairly discriminated against a lesbian couple, Alejandra Banderas Rosales and Claudia Brizeiry López Ramos, by preventing them from marrying. The court ordered the local civil registrar to perform the marriage.[13] The couple married in Morelia on 12 March 2014, making them the first same-sex couple to marry in Michoacán.[14]

On 6 May 2014, it was announced that a second lesbian couple, Elizabeth Cervantes Guerrero and Cecilia González Villanueva, had obtained an amparo, and seven more cases were pending.[15] The couple married on 16 May and subsequently on 15 August 2014 applied to register the birth of their twin children, which had also been approved by an amparo. It was the first registration in the state of a child born to a same-sex couple.[16] Gerardo Herrera Pérez, president of Grupo de Facto Diversidad Sexual en Michoacán, announced that they had collected 100 signatures for a collective amparo in September 2014 and the initiation of the first adoption in the state by a couple who had married in Mexico City.[17][18]

It was announced on 20 June 2015 that a third lesbian couple had obtained an amparo to marry.[19] On 29 June 2015, a spokesperson for the civil registry said they had formalized six same-sex unions in the previous year.[20] On 10 July 2015, a judge from the Seventh District Court ordered the state to accommodate a lesbian couple's amparo. The ruling gave the Governor of Michoacán and the President of Congress until 15 July 2015 to make the arrangements and revise the laws regarding marriage, or face penalties. The attorney leading the amparo told the media that state leaders would be found liable for not repealing the discriminatory parts of the Family Code in accordance with the judge's order.[21] It was announced on 13 July that Congress would abide by the judge's ruling.[22] When questioned by the media on 14 July, Governor Salvador Jara Guerrero declared that the changes would be applied on 15 July and was quoted as saying "Of course!" to removing the heterosexual definition of marriage in the state's code.[23] On 31 July 2015, it was announced that an additional 19 amparos to marry had been granted to same-sex couples 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 amparos would emphasize the need for passage of the reforms to the Family Code.[24]

Legislative action

Previously, the Family Code prevented same-sex couples from marrying. Article 123 (now known as article 127) defined marriage as the "union of a man and a woman", and article 125 (now repealed) described marriage as an institution whose goal was "perpetuating the species". Numerous state and federal judges had declared these two articles unconstitutional and discriminatory, and granted individual same-sex couples the right to marry. The Supreme Court of Justice of the Nation ruled on 12 June 2015 that bans on same-sex marriage are unconstitutional nationwide under Article 4 of the Constitution of Mexico,[25] which reads: "Man and woman are equal under the law. The law shall protect the organization and development of the family."[a]

On 18 May 2016, the Congress of Michoacán approved a same-sex marriage bill by 27 votes to 0 with 8 abstentions. This had followed previous attempts to pass a domestic partnership law instead of a same-sex marriage law as required by a judicial ruling in July 2015.[27][28] The law was published in the state's official journal on 22 June 2016, following Governor Silvano Aureoles Conejo's signature, and came into effect on 23 June. It ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, adoption rights, etc.[29]

Article 127 of the Family Code now reads:[30]

  • in Spanish: El matrimonio es la unión legítima de dos personas para realizar una comunidad de vida permanente, en la que se procuren respeto, igualdad y ayuda mutua.
  • (Marriage is the legal union of two people who establish a permanent community of life, in which they seek respect, equality and mutual aid.)

Statistics

The following table shows the number of same-sex marriages performed in Michoacán since legalization in 2016 as reported by the National Institute of Statistics and Geography.[31] Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic. The civil registry of Michoacán estimated that 598 same-sex marriages had been performed in Michoacán by the end of 2020.[32]

Number of marriages performed in Michoacán
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2016 34 21 55 22,648 22,703 0.24%
2017 62 39 101 22,516 22,617 0.45%
2018 86 50 136 20,499 20,635 0.66%
2019 108 70 178 20,966 21,144 0.84%
2020 30 24 54 10,831 10,885 0.50%
2021 110 47 157 18,525 18,682 0.84%

86 same-sex marriages took place in the state between June 2016 and May 2017. Most of these marriages were performed in Morelia, the state's capital, followed by Uruapan, Zamora, Apatzingán, La Piedad, Lázaro Cárdenas, Pátzcuaro and Puruándiro.[33] The civil registry began training its employees to realise that same-sex marriage is indeed legal in Michoacán as according to some reports several same-sex couples were turned away when applying for marriage licenses.[34]

The first same-sex marriage for a Purépecha same-sex couple was performed in Ihuatzio on 12 February 2022. There was no vocal objection from the inhabitants of the community, and the couple said they "were proud of [their] people, because being in a small community and having large families, where we all know each other, there was not, thank God, a negative response".[35]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 48% of Michoacán residents supported same-sex marriage, while 49% were opposed.[36]

According to a 2018 survey by the National Institute of Statistics and Geography, 46% of the Michoacán public opposed same-sex marriage.[37]

See also

Notes

  1. ^ In Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    In Purépecha: Achaatini ka warhiitini mák’u exeasïnti juramúkwa. I kwách’akwati tánkurhikwani ka kw’íripikwa sïrukwichiri.[26]

References

  1. ^ Meza Hernández, Miriam (15 July 2015). "Se detienen bodas entre personas del mismo sexo" (in Spanish). Morelia, Mexico: El Sol de Morelia. Archived from the original on 4 March 2016. Retrieved 15 July 2015.
  2. ^ Vizcaíno López, María Teresa. "Consideraciones Acerca de la Convivencia de Parejas del Mismo Sexo en el Contexto Plural del Estado Mexicano". Universidad Latina de América (in Spanish).
  3. ^ Nicolás Casimiro (25 December 2009). "Matrimonios gay y despenalización del aborto, en la agenda del PRD para 2010" (in Spanish). Quadratín. Archived from the original on 13 January 2018. Retrieved 26 December 2009.
  4. ^ "Recibe Michoacán propuesta para legalizar bodas gay". 4 March 2010. Archived from the original on 2018-07-07. Retrieved 2015-07-15.
  5. ^ "Matrimonios gay, tema pendiente en el Congreso en Morelia". Archived from the original on 2018-12-28. Retrieved 2015-07-15.
  6. ^ Añadirán al Código Familiar del estado la figura de “sociedades de convivencia” Archived 2015-09-03 at archive.today
  7. ^ "Aprueban Código Familiar en Michoacán; no incluye matrimonios gay". 7 September 2015. Archived from the original on 2019-05-02. Retrieved 2015-09-07.
  8. ^ "PERIÓDICO OFICIAL DEL GOBIERNO CONSTITUCIONAL DEL ESTADO DE MICHOACÁN DE OCAMPO" (PDF). Archived from the original (PDF) on 2015-10-30. Retrieved 2015-10-22.
  9. ^ "Asunto: Se presenta Demanda de Acción de Inconstitucionalidad, Contra Normas del Código Familiar de Michoacán" (PDF). Archived (PDF) from the original on 2016-01-18. Retrieved 2015-11-07.
  10. ^ "SENTENCIA dictada por el Tribunal Pleno de la Suprema Corte de Justicia de la Nación en la Acción de Inconstitucionalidad 107/2015 y su acumulada 114/2015 y los Votos Particular formulado por el señor Ministro Jorge Mario Pardo Rebolledo, y Concurrentes formulados por los Ministros Eduardo Medina Mora I. y Luis María Aguilar Morales". Diario Oficial de la Federación (in Spanish). 3 June 2019.
  11. ^ "Michoacán legalizará el Matrimonio Igualitario". Boy4ME. 23 June 2016. Archived from the original on 18 March 2019. Retrieved 28 June 2016.
  12. ^ "Primera boda del mismo sexo, en Michoacán | Estados". Archived from the original on 2016-03-04. Retrieved 2015-07-15.
  13. ^ "El politico de cordoba - Michoacán tendrá su primer matrimonio gay". Archived from the original on 2016-03-06. Retrieved 2015-07-15.
  14. ^ "Confirman validez constitucional del primer matrimonio gay en Michoacán". Archived from the original on 2018-07-07. Retrieved 2015-07-15.
  15. ^ "En puerta segundo matrimonio entre personas del mismo sexo en Michoacán". Archived from the original on 2018-07-07. Retrieved 2015-07-15.
  16. ^ (in Spanish) Histórico registro de bebés de pareja homosexual en Michoacán Archived 2018-07-07 at the Wayback Machine
  17. ^ "Preparan amparo colectivo para realizar enlaces nupciales entre personas del mismo sexo". Archived from the original on 2016-03-04. Retrieved 2015-07-15.
  18. ^ "Pareja gay de Michoacán inicia trámites para adoptar a menor". Archived from the original on 2015-09-23. Retrieved 2015-07-15.
  19. ^ Morales Pérez, Uriel (20 June 2015). "Obtienen otro amparo para otra boda gay en Michoacán" (in Spanish). Morelia, Mexico: Quadratin. Archived from the original on 7 July 2018. Retrieved 22 June 2015.
  20. ^ Juárez, Sarah (29 June 2015). "Tan sólo 6 parejas del mismo sexo han tramitado matrimonios en Michoacán" (in Spanish). Morelia, Michoacán, Mexico: Quadratin. Archived from the original on 7 July 2018. Retrieved 30 June 2015.
  21. ^ "Apercibe jueza al Gobernador y Presidente del Congreso en Michoacán". Quadratín (in Spanish). 10 July 2015. Archived from the original on 7 July 2018. Retrieved 15 July 2015.
  22. ^ "Cumplirá Legislativo sentencia de amparo dictada por jueza federal". Archived from the original on 2015-07-14. Retrieved 2015-07-15.
  23. ^ "Jara acatará resolución judicial sobre trámite para permitir matrimonio homosexual". Archived from the original on 2018-07-07. Retrieved 2015-07-15.
  24. ^ Monreal Vázquez, Patricia (31 July 2015). "Prevén arriben a Congreso 19 sentencias más sobre matrimonios igualitarios" (in Spanish). Moralia, Mexico: Cambio de Michoacan. Archived from the original on 7 July 2018. Retrieved 31 July 2015.
  25. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 2022-03-06. Retrieved 2022-06-18.
  26. ^ "P'orhépicha Jimpo Móki'akuni Karata K'éri Iretiri Énka Arhikurhika Méxiku" (PDF). INALI. Retrieved 15 September 2022.
  27. ^ "Mexico: Michoacán becomes 9th state to approve same-sex marriage". The Perchy Bird. 18 May 2016. Archived from the original on 23 March 2019. Retrieved 24 May 2016.
  28. ^ "Diputados aprueban matrimonios igualitarios en Michoacán". Provincia. 18 May 2016. Archived from the original on 4 June 2016. Retrieved 18 June 2022.
  29. ^ (in Spanish) Ahora sí, Michoacán entre los 8 estados que permiten matrimonios igualitarios Archived 2016-08-16 at the Wayback Machine
  30. ^ "Código Familiar para el Estado de Michoacán de Ocampo" (PDF). congresomich.gob.mx (in Spanish). Archived (PDF) from the original on 2020-02-03. Retrieved 2020-02-03.
  31. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2020-02-03.
  32. ^ "Matrimonio igualitario: a 6 años de su aprobación en Michoacán". El Sol de Morelia (in Spanish). 16 May 2021. Archived from the original on 27 February 2022. Retrieved 18 June 2022.
  33. ^ (in Spanish) Suman en Michoacán 86 matrimonios entre personas del mismo sexo Archived 2018-10-08 at the Wayback Machine
  34. ^ (in Spanish) En Michoacán, se sigue negando el matrimonio entre personas del mismo sexo, a pesar de que la ley lo permite desde 2016 Archived 2017-10-16 at the Wayback Machine
  35. ^ "Se celebra en Michoacán el primer matrimonio igualitario purépecha". 24 Horas (in Spanish). 13 February 2022. Archived from the original on 27 February 2022. Retrieved 18 June 2022.
  36. ^ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine, Gabinete de Comunicación Estratégica
  37. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019. Archived from the original on 16 April 2019. Retrieved 1 September 2019.