Same-sex marriage in Sinaloa

Same-sex marriage has been legal in the Mexican state of Sinaloa since 30 June 2021. On 12 June 2021, following years of delay and reluctance by the Congress of Sinaloa, a federal court ordered legislators to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day. Sinaloa became the 20th Mexican state to legalize same-sex marriage.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 states and Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. 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.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
* Not yet in effect
LGBT portal
Same-sex unions performed in Mexican states
  Same-sex marriages performed.*
Stripes: Proportion of municipal coverage.
  Civil unions performed; marriage by amparo only.
  Marriage not performed (except by amparo) despite court order.
  Marriage accessible by amparo or by traveling out of state.
*Legislation is not equal in all states. See details.

Background

In January 2013, the state's Family Code was changed to limit marriage and cohabitation to heterosexual couples. Three injunctions were filed to contest the changes, but two were dismissed.[1]

On 2 September 2014, Deputy Sandra Yudit Lara Díaz from the Institutional Revolutionary Party (PRI) presented an initiative to amend articles 40 and 165 of the Family Code to legalise same-sex marriage in the state.[2] Article 40 described marriage as the "union of a man and a woman" and article 165 similarly defined concubinage as between "a man and a woman".

In February 2015, the conservative National Action Party (PAN) introduced a civil union bill, which was criticized as it would have banned children of same-sex partners from residing with their parents.[3] Both this bill and the measure introduced by Deputy Lara Díaz were not voted on, facing years of delay and lingering in Congress.

Marriage

On 25 November 2016, the Mexican Supreme Court ruled that Sinaloa's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. State officials refused to abide by the decision and continued to enforce the state's discriminatory same-sex marriage ban.[4] On 15 May 2018, approximately 17 months later, the Supreme Court ordered the state to legalize same-sex marriage within 90 days or face unspecified consequences.[5][6] However, that deadline also passed without the state legalizing same-sex marriage.

On 19 June 2019, Congress rejected proposed same-sex marriage legislation by 20 to 18, including six legislators from the National Regeneration Movement (MORENA) voting against, despite having been elected on a party platform supporting same-sex marriage.[7]

On 12 June 2021, a federal court ordered the Congress of Sinaloa to legalize same-sex marriage within three days, with any legislators who voted against the bill to be found in contempt of court and unable to run for or hold office for seven years.[8] On 15 June 2021, Congress voted 23–0 to pass the bill legalizing same-sex marriage, with all dissenters marking themselves absent for the vote.[9][10][11] Governor Quirino Ordaz Coppel subsequently signed the bill, and it was published in the official journal on 29 June.[12] The law entered into force on 30 June, and the first same-sex marriage occurred in Culiacán on 9 July between Janeth Guadalupe Corral Tapia and María de Jesús Cabanillas González.[13][14][15]

Article 40 of the Family Code was amended to read as follows:

  • in Spanish: El matrimonio es una institución por medio de la cual se establece la unión voluntaria y jurídica de dos personas, con igualdad de derechos, deberes y obligaciones, en la que ambos se procuran respeto y ayuda mutua.
  • (Marriage is an institution through which the voluntary and legal union of two people is established, with equal rights, duties and obligations, in which both partners seek mutual respect and aid.)
Political party[16][17] Members Yes No Abstain Absent
National Regeneration Movement 21 18 3
Institutional Revolutionary Party 8 8
Labor Party 5 2 3
National Action Party 2 2
Independent 2 1 1
Partido Sinaloense 1 1
Social Encounter Party 1 1
Total 40 23 0 0 17

Public opinion

According to a 2018 survey by the National Institute of Statistics and Geography, 38% of the Sinaloa public opposed same-sex marriage.[18]

See also

References
  1. "Suprema Corte decidirá si prohibir matrimonio gay en Sinaloa es constitucional". SDPnoticias.com.
  2. "EL DEBATE – Personas del mismo sexo podrían casarse en Sinaloa – Culiacán". EL DEBATE. Archived from the original on 2014-09-04.
  3. "Proponen panistas ley de convivencia". noroeste.com.mx.
  4. "Sin avances en la queja por matrimonio igualitario en CEDH". 27 January 2017.
  5. "Sinaloa tiene 90 días para legislar en materia de matrimonio igualitario". El Universal. 17 May 2018.
  6. "Se debe consensuar el matrimonio igualitario".
  7. "Diputados de Morena sabotean el matrimonio igualitario en Sinaloa". La Jornada (in Spanish). 19 June 2019.
  8. "Poder Judicial ordena al Congreso de Sinaloa aprobar el matrimonio igualitario". Noroeste (in Spanish). 13 June 2021.
  9. "Congreso de Sinaloa aprueba 'matrimonio igualitario'". www.noroeste.com.mx (in Spanish). Retrieved 2021-06-15.
  10. "Congreso de Sinaloa aprueba matrimonio igualitario". Forbes (in Spanish). 15 June 2021.
  11. "El congreso de Sinaloa avala el matrimonio entre personas del mismo sexo". Expansión Politíca (in Spanish). 15 June 2021.
  12. "Decreto Número 646 del H. Congreso del Estado.- Que Reforma el artículo 40, Párrafo Primero y el 165, Párrafo Primero del Código Familiar del Estado de Sinaloa" (PDF). iip.congresosinaloa.gob.mx (in Spanish). 29 June 2021.
  13. "Celebran primer matrimonio igualitario en Culiacán, Sinaloa". Político (in Spanish). 9 July 2021.
  14. "Se casan Janeth y María ante el Registro Civil; la primera pareja LGBT en contraer matrimonio en Culiacán". Radio Fórmula Culiacán (in Spanish). 9 July 2021.
  15. "Matrimonios igualitarios en Sinaloa se pueden llevar acabo "desde ya": Registro Civil". Adiscusión (in Spanish). 6 July 2021.
  16. "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019.
  17. "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019.
  18. (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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