Same-sex marriage in Guerrero

Legal status of same-sex unions
Marriage
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LGBT portal

Same-sex marriage was legal in the Mexican state of Guerrero per a decision of the chief executive of the state. After the Supreme Court of Justice of the Nation's ruling went into effect on 22 June, officials in Guerrero began announcing plans for a collective group wedding.[1] Governor Rogelio Ortega Martínez submitted a same-sex marriage bill to Congress on 7 July 2015 and instructed civil agencies to approve same-sex marriage licenses.[2] Legislators lamented they would have preferred to have the bill passed before marriages took place, but given the time line presented, it was unlikely.[3] On 10 July 2015, twenty same-sex couples were married by the Governor in Acapulco.[4] By March 2017, every state municipalities had stopped issuing same-sex marriage licenses.[5]

History

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

Legislation

A civil unions bill was being debated in Guerrero in 2009,[6] but the legislation stalled.[7] In 2014, gay rights organizations were still pressing the Legislature to approve same-sex marriage and adoption.[8]

On 7 July 2015, the state Governor submitted a same-sex marriage bill to Congress.[3] On 20 May 2016, PRI Deputy Vicario Castrejón announced that the bill was on Congress' agenda; however, it has not been voted upon because same-sex marriage was already discussed on the federal level. Castrejón said that if the Congress of the Union legalizes same-sex marriage, Guerrero would update its Civil Code.[9]

Amparos

The first same-sex marriage in Guerrero was announced for 28 September 2013,[10] but did not actually occur until 5 June 2014 in the town of Teloloapan, witnessed by the Mayor, Ignacio Valladares.[11] Valladares approved the couple's request for a marriage license based upon the Supreme Court of Justice's 2012 ruling that prohibiting same-sex marriage was unconstitutional.[12] However, Guerrero's Civil Code did not allow for same-sex marriage. Lawyers in the state declared that the marriage was both illegal and void and indicated that the Mayor could be prosecuted and an appeal filed with the Supreme Court for not following the injunction procedure.[13]

On 20 December 2014, a same-sex ceremony was held in the city of Chilapa de Álvarez though the civil marriage was conducted in Iztapalapa in Mexico City. The couple expressed that they felt it was important for them to have a celebration complete with rings from their godparents, vows, and a toast with their friends and families in the city where they live and work, to help other same-sex people gain societal acceptance.[14]

Executive decision

On 25 June 2015, following the Supreme Court's ruling striking down district same-sex marriage bans on a "jurisprudential" basis, a civil registrar of Guerrero announced that they had planned a collective same-sex marriage ceremony for 10 July 2015 and indicated that there would have to be a change to the law to allow gender-neutral marriage, passed through the state Legislature before the official commencement.[1] The Registry announced more details of their plan, advising that only select registration offices in the state would be able to participate in the collective marriage event.[15] The Governor instructed civil agencies to approve same-sex marriage licenses.[2] On 10 July 2015, 20 same-sex couples were married by Governor Rogelio Ortega in Acapulco.[4]

On 12 July 2015, the Civil Registry for the municipality of Tecpán de Galeana announced that the civil registration offices in that municipality which can accept same-sex marriage applications are #01 Tecpán (which is the seat of the municipality), #03 in the town of San Luis de la Loma, #05 in the town Tenexpa and #06 in Papanoa.[16]

On 13 January 2016, the head of the Civil Registry of Acapulco claimed that the 20 same-sex couples that married on 10 July 2015 in Acapulco were only deceived by the Governor and his wife, as there is no law that permits same-sex marriage in the state.[17] On 13 February 2016, a day before mass Valentine's Day weddings were planned statewide, the head of Guerrero's State Civil Registry department announced that same-sex couples could marry in any of the jurisdictions that want to marry the couples and criticised Acapulco's Civil Registry and other civil registries throughout the state for not allowing these kinds of weddings. The department head also stated that any marriage conducted in Guerrero will be legally valid.[18]

Some Guerreran municipalities such as Taxco de Alarcón and Zihuatanejo de Azueta married same-sex couples while others such as Acapulco refused to do so.[19][20][21]

In March 2016, an LGBT rights group in the state began the process of filing lawsuits to have existing marriages in the region recognised.[22]

Same-sex marriages stopped in the state of Guerrero in March 2017; from then on, same-sex couples need to get an amparo to marry in one of the 81 municipalities of the state.[5]

In February 2018, the Civil Registry confirmed that the same-sex marriages performed in Guerrero between 2015 and 2017 are valid and recognised by the state.[23]

Marriage statistics

By September 2015, approximately 60 same-sex marriages had occurred in the state. Most took place in the municipalities of Chilpancingo de los Bravo, Acapulco (married by the Governor) and Zihuatanejo de Azueta.[24]

See also

References

  1. 1 2 La Jornada. "A partir de julio, en Guerrero se permitirá casarse a parejas del mismo sexo". Lajornadaguerrero.com.mx. Archived from the original on 2015-07-01. Retrieved 2015-07-03.
  2. 1 2 Allan Garcia (10 July 2015). "Acapulco holds mass gay wedding on beach". Agence France-Presse. Raw Story.
  3. 1 2 "Recibe el Congreso iniciativa que permitirá matrimonios entre personas del mismo sexo" (in Spanish). Acapulco, Mexico: El Sur Periódico de Guerrerro y Acapulco. 8 July 2015. Archived from the original on 8 July 2015. Retrieved 8 July 2015.
  4. 1 2 "Se casan 20 parejas en boda colectiva de personas del mismo sexo en Guerrero" (in Spanish). Acapulco, Mexico: El Sur. 11 July 2015. Archived from the original on 11 July 2015. Retrieved 11 July 2015.
  5. 1 2 (in Spanish) Está suspendido el matrimonio igualitario en Zihuatanejo; Registro Civil
  6. ↑ Delsol, Christine (26 November 2008). "Mexico's top destinations for gay vacations". San Francisco, California: SF Gate. Retrieved 11 July 2015.
  7. ↑ Primer matrimonio gay en Guerrero, pese a que no hay ley de convivencia
  8. ↑ Pide Marcha Legalizar Matrimonios Gay
  9. ↑ "En proceso iniciativa para legalizar matrimonios gay en Guerrero" (in Spanish). Milenio.com. 20 May 2016.
  10. ↑ Se consuma el primer matrimonio gay en Acapulco; se casa Igor Petit
  11. ↑ Celebran la primera boda gay en Guerrero
  12. ↑ Mientras tanto, en Guerrero se llevó a cabo primera unión civil entre gays
  13. ↑ Ilegal y nulo, primer matrimonio gay en Guerrero
  14. ↑ Contrae matrimonio civil la primera pareja homosexual radicada en Chilapa - El Sur de Acapulco I Periódico de Guerrero Archived 2015-07-12 at the Wayback Machine.
  15. ↑ Trujillo, Javier (29 June 2015). "Invitan a boda colectiva del mismo sexo en Acapulco" (in Spanish). Acapulco, Mexico: Milenio. Retrieved 30 June 2015.
  16. ↑ Valadez Luviano, Rodolfo (12 July 2015). "Hay cuatro oficialías en Tecpan para matrimonios del mismo sexo: oficial" (in Spanish). Tecpan, Mexico: La Jornada Guerrero. Retrieved 12 July 2015.
  17. ↑ Galarza, Cristian (13 January 2016). "Inválidos 20 matrimonios gays en Acapulco: Registro Civil". El Big Data.
  18. ↑ (in Spanish) Pueden casarse parejas del mismo sexo en las bodas del Día del Amor, informa el Registro Civil Archived 2016-12-28 at the Wayback Machine.
  19. ↑ (in Spanish) Acapulco realizará boda masiva por el 'Día del Amor'
  20. ↑ (in Spanish) Megaboda gay fue ilegal, señalan abogados de Acapulco
  21. ↑ (in Spanish) Permitidas, las bodas gay en Zihuatanejo
  22. ↑ Promueve Iglesia ataques de homofobia, señala comunidad gay
  23. ↑ (in Spanish) Sepulta Congreso el matrimonio igualitario en Guerrero: Registro Civil
  24. ↑ (in Spanish) Detetcta Registro Civil De Guerrero Más De Cien Métodos de Corrupción
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