Same-sex marriage in Guerrero

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Legal status of same-sex unions
Marriage
Performed
Recognized
  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Same-sex marriage is legal in the Mexican state of Guerrero per a decision of the chief executive of the state, even though some municipalities are resisting marrying same sex couples until the law is change in the civil code ,couples may marry in those municipalities when amparos are granted. 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] The 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]

History

File:Map of Mexico, gay rights.svg
State recognition of same-sex relationships in Mexico.
  Marriage at the state level
  Other type of partnership, with at least one court order supporting marriage as well
  1–4 court orders supporting individual marriage
  5+ court orders supporting marriage, requiring legalization by the state government
  No court orders, but marriage performed in other states recognized under federal law (applies to all states

Legislation

Gay rights legislation that included civil unions was being debated in Guerrero in 2009,[5] but the legislation stalled.[6] In 2014, gay rights organizations were still pressing the legislature to approve same sex marriage and adoption.[7] On 7 July 2015, the state's governor submitted a same-sex marriage bill to Congress.[3]

Executive decision

The first same-sex marriage in Guerrero was announced for 28 September 2013,[8] but did not actually occur until 5 June 2014 in the town of Teloloapan, witnessed by the mayor, Ignacio Valladares.[9] Valladares approved the couple's request for marriage based upon the Supreme Court of Justice's 2012 ruling that prohibiting same-sex marriage was unconstitutional.[10] However, Guerrero's Civil Code did not allow for same-sex marriage. Lawyers in the state declared 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.[11]

On 20 December 2014 the first same sex ceremony was held in the city of Chilapa de Álvarez, Guerrero, Mexico, 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.[12]

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.[13] The governor instructed civil agencies to approve same-sex marriage licenses.[2] On 10 July 2015, 20 same-sex couples were married by the Governor Rogelio Ortega in Acapulco.[4]

On 12 July 2015, the Civil Registry for Tecpán de Galeana Municipality announced that the civil registration offices in that municipality which can accept same-sex marriage applications are #01 Tecpán as the seat of the municipio, #03 in the town of San Luis de la Loma, #05 in the town Tenexpa and #06 in Papanoa.[14]

On January 13, the head of Civil Registry of Acapulco claimed that the 20 same sex couples that married on July 11 of 2015 in Acapulco were only deceived by the governor and his wife, as there is no law that permit same sex marriage in the state, unless an amparo is granted.[15] 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.[16]

In March of 2016, an LGBT rights group in the state began the process of filing lawsuits to have existing marriages in the region recognised.[17]

References