Same-sex marriage in Mexico City
Encyclopedia
Same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

is legal in Mexico City
Mexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...

 —the Federal District of Mexico— having been approved by its Legislative Assembly
Legislative Assembly of the Federal District
The Legislative Assembly of the Federal District is the legislative branch of government of the Mexican Federal District. Between 1988 and 1993, it was known as the Assembly of Representatives of the Federal District , during which period it had reduced powers with respect to the current...

 on 21 December 2009, and signed into law by Head of Government
Head of Government of the Federal District
The Head of Government wields executive power in the Mexican Federal District.The Head of Government serves a six-year term, running concurrently with that of the President of the Republic....

 Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...

 on 29 December 2009. The law was effective on 4 March 2010.

Civil unions
Recognition of same-sex unions in Mexico
In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents...

, known as Sociedades de Convivencia and offering some of the rights of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

, have been legal in the city since November 2006.

Legislative history

Being the seat of the Powers of the Union
Powers of the Union
The Powers of the Union is a constitutional term to refer to the three branches of the Mexican government jointly:* the executive power, the president of the United Mexican States;...

, Mexico City did not belong to any particular state but to all. After years of demanding greater political autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...

, residents were given the right to directly elect the Head of Government of the Federal District
Head of Government of the Federal District
The Head of Government wields executive power in the Mexican Federal District.The Head of Government serves a six-year term, running concurrently with that of the President of the Republic....

 and the representatives of the unicameral Legislative Assembly
Legislative Assembly of the Federal District
The Legislative Assembly of the Federal District is the legislative branch of government of the Mexican Federal District. Between 1988 and 1993, it was known as the Assembly of Representatives of the Federal District , during which period it had reduced powers with respect to the current...

 (ALDF) by popular vote in 1997. Ever since, the center-left Party of the Democratic Revolution
Party of the Democratic Revolution
The Party of the Democratic Revolution is a democratic socialist party in Mexico and one of 2 Mexican affiliates of the Socialist International...

 (PRD) has controlled both political power
Political power
Political power is a type of power held by a group in a society which allows administration of some or all of public resources, including labour, and wealth. There are many ways to obtain possession of such power. At the nation-state level political legitimacy for political power is held by the...

s.

In the early 2000s, Enoé Uranga, an openly lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...

 politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...

 and activist, unsuccessfully pushed a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

 that would have legalized same-sex civil unions in Mexico City under the name Ley de Sociedades de Convivencia (LSC, Law for Coexistence Partnerships). Despite being passed four times by legislative commissions, the bill repeatedly got stuck in plenary voting for its sensitive nature, which could be attributed to the widespread opposition from right-wing groups and then-Head of Government Andrés Manuel López Obrador
Andrés Manuel López Obrador
Andrés Manuel López Obrador , also known as AMLO or El Peje, is a Mexican politician who held the position of Head of Government of the Federal District from 2000 to 2005, before resigning in July 2005 to contend the 2006 presidential election, representing the unsuccessful Coalition for the Good...

's ambiguity concerning the bill. Nonetheless, as new left-wing mayor Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...

 was expected to take power in December 2006, the ALDF decided to take up the bill and approved it in a 43-17 vote on 9 November 2006.
Political party Members Yes No Abstain Absent
Party of the Democratic Revolution
Party of the Democratic Revolution
The Party of the Democratic Revolution is a democratic socialist party in Mexico and one of 2 Mexican affiliates of the Socialist International...

34 33 1
National Action Party
National Action Party (Mexico)
The National Action Party , is one of the three main political parties in Mexico. The party's political platform is generally considered Centre-Right in the Mexican political spectrum. Since 2000, the President of Mexico has been a member of this party; both houses have PAN pluralities, but the...

17 16 1
Institutional Revolutionary Party
Institutional Revolutionary Party
The Institutional Revolutionary Party is a Mexican political party that held power in the country—under a succession of names—for more than 70 years. The PRI is a member of the Socialist International, as is the rival Party of the Democratic Revolution , making Mexico one of the few...

4 4
New Alliance Party
New Alliance Party (Mexico)
The New Alliance Party is one of the newest political parties in Mexico.Its creation was proposed by the Sindicato Nacional de Trabajadores de la Educación , the largest trade union in Latin America, led by Elba Esther Gordillo, the controversial former general secretary of the Institutional...

4 2 1 1
Ecologist Green Party of Mexico
Ecologist Green Party of Mexico
The Ecologist Green Party of Mexico is one of the six political parties to have representation in the Mexican Congress. The party's congressional strength currently stands at 17 deputies and five senators .-Elections 2000:...

3 3
Social Democratic Party
Social Democratic Party (Mexico)
The Social Democratic Party was a short-lived Mexican political party.The party's first name was Social Democratic and Peasant Alternative Party but on May 2007 changed its name to Social Democratic Alternative Party, and in 2008 changed once again to simply Socialdemocratic...

2 2
Labor Party
Labor Party (Mexico)
The Labor Party is a nationally recognized political party in Mexico. It was founded on December 8, 1990. The party is currently led by Alberto Anaya....

1 1
Convergence
Convergence (Mexico)
Convergence is a political party in Mexico. It was previously known as Convergence for Democracy but the party assembly decided, in August 2002, to adopt the shorter form of its name.Convergence was founded as a "national political grouping" in 1997...

1 1
Total 66 43 17 5 1


The law was well-received by feminist and LGBT groups, including Emilio Álvarez Icaza, then-chairman of the Federal District's Human Rights Commission, who declared that "the law was not a threat to anyone in particular, and that it will be a matter of time before it shows positive consequences for different social groups." It was strongly opposed by right-wing groups such as the National Parents' Union and the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

, which labeled the assemblymen
Deputy (legislator)
A deputy is a legislator in many countries, particularly those with legislatures styled as a 'Chamber of Deputies' or 'National Assembly'.-List of countries:This is an list of countries using the term 'deputy' or one of its cognates....

 who voted for the law as "sin
Sin
In religion, sin is the violation or deviation of an eternal divine law or standard. The term sin may also refer to the state of having committed such a violation. Christians believe the moral code of conduct is decreed by God In religion, sin (also called peccancy) is the violation or deviation...

ners", and complained it was "vengeance against the Catholic Church from the more radical groups from the left, who felt it was a demand for justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...

." The law officially took effect on 16 March 2007. Mexico City's first same-sex civil union was between Jorge Cerpa, a 31-year-old economist
Economist
An economist is a professional in the social science discipline of economics. The individual may also study, develop, and apply theories and concepts from economics and write about economic policy...

, and Antonio Medina, a 38-year-old journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...

. As of December 2009, 736 same-sex civil unions have taken place in the city since the law became effective, of which 24 have been annulled (3%).

Same-sex marriage

On 24 November 2009, PRD assemblyman David Razú proposed a bill that would legalize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 in Mexico City. According to Razú, "Gays and lesbians pay tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...

es like everyone else, obey the law like everyone else, build the city like everyone else, and there is no reason they should have a different and special set of rules." The bill essentially sought to modify the definition of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

 contained in the Civil Code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...

, using gender-neutral language. Razú added that the bill was "to be in agreement with Article 1 of the Constitution
Constitution of Mexico
The Political Constitution of the United Mexican States is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constitutional convention, during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917...

, which says that no person can be discriminated against for any reason, and with Article 2 of the Civil Code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...

, which says that no person can be deprived of the exercise of their rights for reasons of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

." Emiliano Aguilar, PRI assemblyman, was criticized for giving out homophobic
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...

 pamphlets, which showed transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....

 prostitutes with the inscription "Lawmaker, would you like to see your children ending up like this? Do not promote homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

." Luis González Plascencia, chairman of the Humans Rights Commission of Mexico City, backed the bill and said that it was up to the ALDF to consider LGBT adoption. The International Lesbian, Gay, Bisexual, Trans and Intersex Association
International Lesbian, Gay, Bisexual, Trans and Intersex Association
The International Lesbian, Gay, Bisexual, Trans and Intersex Association is an international organization bringing together more than 750 LGBTI groups from around the world. It continues to be active in campaigning for LGBT rights on the international human rights and civil rights scene and...

 (ILGA), International Amnesty (AI), the AIDS Healthcare Foundation
AIDS Healthcare Foundation
AIDS Healthcare Foundation , the largest global AIDS organization, currently provides medical care and/or services to more than 152,000 individuals in 26 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia-Pacific Region and Eastern Europe...

 and over 600 non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...

s supported the legalization of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 in Mexico City. The PAN has announced it will either go to the courts to appeal the law or demand a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

. However, a referendum on same-sex marriage was rejected by the Legislative Assembly in a 36-22 vote on 18 December 2009.

On 21 December 2009, the Legislative Assembly approved the legalization of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 in a 39-20 vote. PRD Head of Government Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...

 had been expected to sign the bill. The bill changes the definition of marriage in the city's Civil Code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...

 from "a free union between a man and a woman" to "a free union between two people." The law was written to allow same-sex couples to adopt children, apply for bank loans, inherit wealth and be included in the insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...

 policies of their spouse, among other rights they were previously denied under civil unions in the city. The PAN vowed to challenge the law in the courts. On 29 December 2009, Head of Government
Head of Government of the Federal District
The Head of Government wields executive power in the Mexican Federal District.The Head of Government serves a six-year term, running concurrently with that of the President of the Republic....

 Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...

 signed the bill into law and it became effective on March 4, 2010. On August 5, the Supreme Court
Supreme Court of Justice of the Nation
The Supreme Court of Justice of the Nation is the highest federal court in the United Mexican States. It consists of a President of the Supreme Court and ten Ministers who are confirmed by the Senate from a list proposed by the President of the Republic.Justices of the SCJN serve for fifteen...

 voted 8-2 to uphold the constitutionality of Mexico City's same-sex marriage law. On August 10, 2010, the Supreme Court ruled that same-sex marriages performed in Mexico City must be recognized throughout the country.
Political party Members Yes No Abstain Absent
Party of the Democratic Revolution
Party of the Democratic Revolution
The Party of the Democratic Revolution is a democratic socialist party in Mexico and one of 2 Mexican affiliates of the Socialist International...

34 34
National Action Party
National Action Party (Mexico)
The National Action Party , is one of the three main political parties in Mexico. The party's political platform is generally considered Centre-Right in the Mexican political spectrum. Since 2000, the President of Mexico has been a member of this party; both houses have PAN pluralities, but the...

15 15
Institutional Revolutionary Party
Institutional Revolutionary Party
The Institutional Revolutionary Party is a Mexican political party that held power in the country—under a succession of names—for more than 70 years. The PRI is a member of the Socialist International, as is the rival Party of the Democratic Revolution , making Mexico one of the few...

8 2 5 1
Labor Party
Labor Party (Mexico)
The Labor Party is a nationally recognized political party in Mexico. It was founded on December 8, 1990. The party is currently led by Alberto Anaya....

5 5
Ecologist Green Party of Mexico
Ecologist Green Party of Mexico
The Ecologist Green Party of Mexico is one of the six political parties to have representation in the Mexican Congress. The party's congressional strength currently stands at 17 deputies and five senators .-Elections 2000:...

3 3
New Alliance Party
New Alliance Party (Mexico)
The New Alliance Party is one of the newest political parties in Mexico.Its creation was proposed by the Sindicato Nacional de Trabajadores de la Educación , the largest trade union in Latin America, led by Elba Esther Gordillo, the controversial former general secretary of the Institutional...

1 1
Total 66 39 20 5 2

Public opinion

An opinion poll conducted in September 2009 showed that the population of Mexico City was almost evenly divided on the issue of same-sex marriage, with 48% in favour and 46% against.

From 27 November to 30 November 2009, major newspaper El Universal
El Universal (Mexico City)
El Universal is a major Mexican newspaper.El Universal was founded by Félix Palavicini and Emilio Rabasa in October 1916, in the city of Santiago de Queretaro to cover the end of the Mexican Revolution and the creation of the new Mexican Constitution...

polled 1,000 Mexico City citizens concerning the legalization of same-sex marriage in the city. 50% supported it, 38% were against it and 12% had no opinion. The same poll showed that support was stronger among the youngest population (age: 18–29), 67%, and weaker among the oldest (age: 50 and up), 38%. With 48% the most cited reason was "right of choice" for the supporters, followed by "everybody is equal" with 14%. 39% of the opposers cited "it is not normal" as the main reason to not support same-sex marriage, followed by "we lose values" with 18%.

Opposition

The National Action Party
National Action Party (Mexico)
The National Action Party , is one of the three main political parties in Mexico. The party's political platform is generally considered Centre-Right in the Mexican political spectrum. Since 2000, the President of Mexico has been a member of this party; both houses have PAN pluralities, but the...

 issued a statement calling the gay marriage bill "an electoral ploy by the PRD that mocks and abuses a gay community
Gay community
The gay community, or LGBT community, is a loosely defined grouping of LGBT and LGBT-supportive people, organizations and subcultures, united by a common culture and civil rights movements. These communities generally celebrate pride, diversity, individuality, and sexuality...

." The Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

 has strongly opposed the bill since it was taken up by the city Legislative Assembly earlier in September, by calling same-sex marriage, among other things, "immoral," saying marriage must hold the promise of procreation, something that is possible only between a man and a woman. Armando Martínez Gómez, president of a Catholic attorneys group, called on Mayor Marcelo Ebrard
Marcelo Ebrard
Marcelo Luis Ebrard Casaubón is the current Head of Government of the Federal District since December 5, 2006. He is a Mexican politician affiliated to the Party of the Democratic Revolution who served as Secretary-General of the former Mexican Federal District Department, minister of public...

 to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

 the bill, which Martínez noted went further than the city executive had intended when legislators removed a clause that would have forbidden adoption.

See also

  • Same-sex marriage
    Same-sex marriage
    Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

  • Status of same-sex marriage
    Status of same-sex marriage
    The status of same-sex marriage changes frequently as legislation and legal action takes place around the world. Summarized in this article are the current trends and consensus of political authorities and religions throughout the world.-Civil recognition:...

  • Same-sex marriage legislation around the world
    Same-sex marriage legislation around the world
    Same-sex marriage is currently carried out throughout ten countries: the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, and Argentina. Six U.S. states and one U.S. district perform same-sex marriages, those being Massachusetts, Connecticut, Iowa, Vermont, New...

  • Timeline of same-sex marriage
    Timeline of same-sex marriage
    This page contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide in modern history, followed by a timeline of notable same-sex marriages and unions. Also, events concerning same-sex marriages are listed in bold.-2011:* October 25: ...

  • Recognition of same-sex unions in Mexico
    Recognition of same-sex unions in Mexico
    In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents...

  • Civil union
    Civil union
    A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

  • Timeline of LGBT history
    Timeline of LGBT history
    The following is a timeline of lesbian, gay, bisexual, and transgender related history.-9660 to 5000 BC:* Mesolithic rock art in Sicily depicts phallic male figures in pairs that have been interpreted variously, including as depictions of homosexual intercourse.-7000 to 1700 BC:*Among the sexual...

  • LGBT rights in Mexico
  • LGBT rights in the Americas
    LGBT rights in the Americas
    Lesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...

  • LGBT rights in the world
  • 2006 in LGBT rights
  • 2007 in LGBT rights
    2007 in LGBT rights
    This is a list of notable events in the history of LGBT rights that took place in the year 2007.-January:* 1** Registered partnerships begin in Switzerland.** Equality Act Regulations comes into effect in Northern Ireland....

  • 2009 in LGBT rights
    2009 in LGBT rights
    This is a list of notable events in the history of LGBT rights that took place in the year 2009.-February:* 1 — Jóhanna Sigurðardóttir becomes prime minister of Iceland, the first openly gay head of government in the modern world....


Footnotes

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