Same-sex marriage in Baja California

Legal status of same-sex unions
Marriage
Performed

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· 12 states & CDMX
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Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
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  7. If performed before 1 June 2018
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* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

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 would 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. Additionally, same-sex couples are allowed to adopt in the state.

Baja California became the 12th Mexican state to legalize same-sex marriage.

History

State recognition of same-sex relationships in Mexico.
  Marriage at the state level
  Marriage by amparo only
  Civil unions; marriage by amparo only

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 and the Constitution, 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]

On 22 February 2017, the head of Baja California's adoption agency declared that same-sex couples have the right to adopt in the state; in line with jurisprudence established by the Supreme Court.[5]

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][6] In March 2015, politicians in Tijuana began work on an initiative to legalise same-sex marriage in the city.[7]

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.[8] On 31 October 2014, the Seventh District Court ordered the City of Ensenada to allow their marriage,[9] which had been denied by the registrar a year and a half earlier.[10] 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.[11]

On 17 June 2013, a male same-sex couple were denied the right to marry in Mexicali and applied for an injunction.[12] The injunction was approved in October 2013,[13] but was appealed by the registrar to the Supreme Court.[14] On 25 June 2014, the initial injunction was upheld and Mexico's Supreme Court deemed the state's marriage ban unconstitutional.[15] On 31 October 2014, the officer of the 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.[16] 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.[17][18] The Civil Registry claimed that discrepancies in documents had been rectified and announced a rescheduling of the wedding for 10 January 2015.[19] 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.[20] 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.[21] 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.[22] 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.[23][24] 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.[25]

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.[26]

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 insisted that as federal law trumps local law, an injunction is unnecessary since the Supreme Court had already declared Baja California's Code unconstitutional.[27][28]

Three additional injunctions were filed in September 2014.[29] One of the three couples involved, married on 14 May 2016 after their injunction was granted.[30]

It was announced in June 2015 that ten persons had filed for a collective amparo in Tijuana.[31] It was granted on 18 March 2016.[32]

On 22 December 2016, a judge declared the state's same-sex marriage unconstitutional and granted an amparo to another same-sex couple.[33]

In September 2017, a same-sex couple successfully married in Tijuana without first receiving an amparo.[34]

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 to receive an injunction beforehand.[35][36]

In late December 2017, the State Commission of Human Rights announced that state officials cannot refuse to issue marriage licenses to same-sex couples.[37]

See also

References

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