Same-sex marriage in Sonora
Same-sex marriage is currently not legal in the Mexican state of Sonora. On 11 May 2016, the state's Director of the Civil Registry announced that same-sex couples could begin marrying in the state without the need for an amparo (ie: court order). However on 18 May 2016, the Governor ordered all civil registries in the state to stop marrying same-sex couples.
History
Background
An initiative to allow same-sex couples to marry was delivered to the state's Congress by former Labor Party candidate for governor, Miguel Angel Haro Moren, in January 2010.[1] The proposal was rejected in February 2010 and the state filed a constitutional challenge against imposing laws of the Civil Code of the Federal District, concerning same-sex marriage, upon Sonora.[2]
An important recognition case was filed in 2013. A male same-sex couple married in Mexico City in July 2012. They returned to Sonora and attempted to enroll as a couple in the Social Security program Institute for Social Security and Services for State Workers Sonora. They were denied admittance on 8 October 2012 and filed for an injunction (amparo 2564/2013) with Court of Culiacan, Sinaloa. On 9 October 2013 the court granted the injunction holding that the human right to form a family without discrimination had been violated.[3]
In early May, a female couple from municipality of San Luis Río Colorado were denied a marriage license by the Civil Registry. On 26 May 2014, they for filed an injunction in the Fifth District Court of the Fifteenth Circuit in Mexicali.[4] A hearing was held[5] on 17 September 2014[6][7] and the couple received a favorable ruling on 22 October 2014.[8][9][10] The wedding was scheduled to take place at the Civil Registry for the municipality of Luis B. Sanchez on 13 February 2015,[11] but was held in a private home with the consent and participation of registry officials.[12]
A second lesbian couple applied for marriage on 11 August 2014 to begin the injunction process.[13] The injunction was granted in February 2015.[14]
On 1 May 2015, six couples filed an injunction after being denied a marriage license from the Civil Registry in Hermosillo.[15]
Marriage
On 11 May 2016, Sonora's Director of the State Civil Registry, Martha Julissa Bojórquez Castillo, announced that same-sex couples could begin marrying in the state without the need for an amparo (ie: court order). More than 12 court orders had been granted to same-sex couples in Sonora prior to the decision, more than the 5 necessary to make the state's offending provisions in the civil code null and inoperable.[16]
Almost immediately after the aforementioned decision, the civil registrar of the municipality of Navojoa announced that same-sex couples would still have to be granted an injunction to be able to marry in the municipality. He claims that because the Congress of Sonora has not yet changed the law, an amparo is still necessary.[17]
Following the Director of the State Civil Registry's decision, many members of Congress announced their support for amending the Family Code. Here are a few comments made by some members of Congress from different political parties:[18]
- Lisette Lopez Godinez, deputy from the National Action Party:
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"The truth that being a topic that is already approved nationally, us is make it conducive"
- Javier Villarreal Gamez, deputy from the Institutional Revolutionary Party:
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"It (same-sex marriage) is linked to the right to happiness that we all have and we have to give that legal certainty"
- Juan José Angulo Lam, deputy from the Party of the Democratic Revolution:
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"You have to raise it and harmonize the Family Code so there is no contradiction"
On 18 May 2016, Governor Claudia Pavlovich Arellano ordered all civil registries in the state to stop marrying same-sex couples. She said that the Civil Code of Sonora is very clear on what is marriage and that the state would continue to follow those laws, even though the articles in the Civil Code that are denying marriage rights to same-sex couples have already been declared inoperable and unconstitutional. She added that civil registries may still marry same-sex couples only if they are granted an injunction beforehand.[19]
See also
References
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- ↑ Juez da “luz verde” a primer boda gay
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- ↑ Surge nuevo caso de matrimonio “gay”
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- ↑ Impulsan seis parejas gay en Hermosillo amparos federales para casarse por el civil
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