Same-sex marriage in Hidalgo

Same-sex marriage in the Mexican state of Hidalgo became legal on 11 June 2019. A bill for legalization was approved by the state Congress on 14 May 2019, and signed by the Governor on 24 May. It was published in the official journal on 10 June 2019 and took effect the following day.

Marriage
LGBT portal

History
Same-sex unions performed in Mexican states
  Same-sex marriages performed*
  Civil unions performed; marriage by amparo only
  Marriage not performed (except by amparo) despite Supreme Court order
  Marriage accessible by amparo or by traveling out of state
*Legislation is not equal in all states. See details.

Civil unions

As Mexico City and Coahuila had recently legalized civil unions, a similar proposal was introduced in Hidalgo in July 2007.[1] However, it stalled in the state Congress as well as in successive congresses.[2] In October 2013, Congress indicated there was not sufficient "maturity" in the society to accept same-sex marriage and that it would instead consider a conjugal partnership bill.[3]

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

Despite same-sex marriage not being legal at the time, multiple same-sex couples were able to legally marry in Hidalgo through a process known in Spanish as recurso de amparo.

Due to the lack of legislative action, on 8 August 2014, a collective injunction for 6 same-sex couples was presented to the Third District Court for the state of Hidalgo to contest the constitutionality of Articles 8, 11 and 143 of the Family Code, which prohibited same-sex marriage.[4]

The first injunction was approved in June 2016. The state subsequently appealed the decision to the Supreme Court. In September 2016, the First Chamber of the Supreme Court declared various articles in the state's Civil Code unconstitutional for limiting marriage to opposite-sex couples.[5] The first same-sex wedding in the state occurred on 8 October.[6]

By August 2017, 8 amparos had been granted to same-sex couples in Hidalgo.[7]

Marriage

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a pro-same-sex marriage party, winning the majority of legislative seats in Hidalgo. In October 2018, a same-sex marriage bill was introduced to Congress by PRD Deputy Areli Rubí Miranda Ayala.[8] It was approved by the Congress on 14 May 2019, in a vote of 18–2, with 8 abstentions.[9] Governor Omar Fayad signed the bill on 24 May. It was published in the official journal on 10 June 2019 and took effect the following day.[10] The law allows same-sex couples to adopt children jointly.[11] Article 8 of the Family Code now reads as follows:

El matrimonio es una institución social y permanente, por la cual se establece la unión jurídica entre dos personas, que, con igualdad de derechos y obligaciones, procuran respeto, igualdad y ayuda mutua, originan el nacimiento y estabilidad de una familia, así como la realización de una comunidad de vida plena y responsable.
(Marriage is a social and permanent institution, which establishes the legal union between two people, who, with equal rights and obligations, seek respect, equality and mutual assistance, the birth and stability of a family and the realization of a full and responsible life in common.)
Political party[12][13] Members Yes No Abstain Absent
National Regeneration Movement 17 15 1 1
Institutional Revolutionary Party 5 5
National Action Party 3 2 1
Social Encounter Party 2 2
Labor Party 1 1
Party of the Democratic Revolution 1 1
New Alliance Party 1 1
Total 30 18 2 8 2

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Hidalgo residents supported same-sex marriage. 46% were opposed.[14]

According to a 2018 survey by the Instituto Nacional de Estadística y Geografía (INEGI), 42% of the Hidalgo public opposed same-sex marriage.[15]

See also

References
  1. "Presentan iniciativa de Ley de Sociedades de Convivencia para Hidalgo". desdeabajo.org.mx.
  2. "El Universal – – Hidalgo no legislar bodas gay". eluniversal.com.mx. 19 June 2013.
  3. "Matrimonios gay dependen de "madurez" – Criterio – Hidalgo". criteriohidalgo.com. Archived from the original on 30 August 2014.
  4. Gisselle Acevedo. "Se amparan en Hidalgo para realizar bodas gay". Milenio.
  5. (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas
  6. (in Spanish) CELEBRAN LA PRIMERA BODA GAY EN HIDALGO
  7. (in Spanish) Planean estrategia a favor del matrimonio gay en Hidalgo
  8. (in Spanish) Buscan aprobar matrimonio igualitario en Hidalgo
  9. "Reconocen matrimonio igualitario". El Universal (in Spanish). 15 May 2019.
  10. "Periódico Oficial Ordinario 0 del 10 de junio de 2019" (in Spanish). Periódico Oficial del Estado de Hidalgo. Retrieved 10 June 2019.
  11. "A partir de hoy Matrimonio Igualitario es oficial". desdeabajo.mx (in Spanish). 10 June 2019.
  12. "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019.
  13. "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019.
  14. (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
  15. (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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