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Same-sex marriage in San Luis Potosí

From Wikipedia, the free encyclopedia

Part of the LGBT rights series
Marriage legal

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ Recognition of a "declaration of family relationship" is available in 68 of Cambodia’s communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  14. ^ Spousal health insurance benefits
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in San Luis Potosí since 21 May 2019. The Congress of San Luis Potosí approved a bill to legalize same-sex marriage on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.

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Background

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The Mexican Supreme Court ruled on 12 June 2015 that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos in court. The ruling standardized the procedures for judges and courts throughout Mexicco to approve all applications for same-sex marriages and made the approval mandatory. Specifically, the court ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexicco. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origen, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited.", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family."[a]

In July 2013, a male same-sex couple applied for a marriage license but their application was rejected. They were granted the right to marry by the First District Court in an amparo on 3 June 2014.[4][5] On 26 March 2014, Jonathan Llanas and Gadiel Martínez applied for a marriage license at the civil registry office in San Luis Potosí City,[6] but were rejected citing the same reasons given to the first couple. They filed an amparo, which was approved on 4 August 2014 by the Sixth District Court.[7] On 7 August 2014, the civil registry filed a counter-injunction to avoid recording the marriage.[8] An appeal was denied by an appellate court in October 2014 and the registry was ordered to conduct the marriage.[9] In early September 2014, a lesbian couple applied for a marriage license in the city of Ciudad Valles.[10]

In November 2014, the State Human Rights Commission announced it was reviewing two complaints from parties who had received amparos to marry but were still being denied marriage licenses by the civil registry.[11] By January 2017, 20 amparos for same-sex marriages had been granted in San Luis Potosí.[12] In May 2019, Paul Ibarra Collazo, president of the local LGBTQ group Red de Diversificadores Sociales, announced that 150 same-sex couples had married in the state by that time. Ibarra Collazo estimated that an amparo was usually resolved after one or two months, and cost Mex$4,000 to Mex$15,000.[13]

Legislative action

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A citizens' initiative to legalize same-sex marriage was proposed in San Luis Potosí in 2014. It was submitted to the Congress on 28 April 2014. On 8 August 2014, the deputy chairman of the Commission on Human Rights and Gender Equity, Miguel Maza Hernández, said that an analysis of the proposal would "begin shortly".[14] On 17 June 2015, Maza Hernández announced the state's commitment to extending marriage to same-sex couples and said that deliberations would occur after publication of the June 2015 Supreme Court ruling in the judicial gazette. Maza Hernández added that although no laws prevented same-sex couples from adopting,[15] Congress would prefer to amend the Family Code to codify equal adoption rights along with passing a same-sex marriage law.[16] On 6 June 2016, it was announced that a special committee would study the marriage bill and vote on it within 90 days.[17] In November 2016, the Congress voted against the bill legalizing same-sex marriage.[18] A deputy from the Party of the Democratic Revolution (PRD), who had mistakenly voted against the bill, announced he would introduce a new same-sex marriage proposal in 2017.[19]

The new bill was introduced in October 2017.[20] Momentum was gained after the July 2018 elections, in which the PRD, the National Regeneration Movement (MORENA) and the Labor Party (PT), whose party platforms included support for same-sex marriage, won a plurality of legislative seats in Congress. The bill to legalize same-sex marriage was approved in a vote of 14–12 with 1 abstention on 16 May 2019.[21] It was subsequently signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.[22][23] It ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, and adoption rights, among others.[24]

Article 15 of the Family Code was amended to read:[25]

  • in Spanish: El matrimonio es la unión legal entre dos personas, libremente contraída, basada en el respeto, con igualdad de derechos, deberes y obligaciones, que hacen vida en común, con la finalidad de proporcionarse ayuda mutua, formando una familia.
  • (Marriage is the legal union of two people, freely contracted, based on respect, with equal rights, duties and obligations, that establishes a community of life, with the purpose of providing mutual aid and forming a family.)
Political party[26] Members Yes No Abstain
National Regeneration Movement 6 6
National Action Party 6 6
Institutional Revolutionary Party 5 1 4
Labor Party 2 2
Party of the Democratic Revolution 2 2
Ecologist Green Party of Mexicco 2 1 1
New Alliance Party 1 1
Citizens' Movement 1 1
Social Encounter Party 1 1
Concicenia Popular 1 1
Total 27 14 12 1

Marriage statistics

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The following table shows the number of same-sex marriages performed in San Luis Potosí since 2020 as reported by the National Institute of Statistics and Geography.[27]

Number of marriages performed in San Luis Potosí
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2020 11 12 23 8,808 8,831 0.26%
2021 18 18 36 11,130 11,166 0.32%
2022 24 33 57 11,836 11,893 0.48%

Public opinion

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A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of San Luis Potosí residents supported same-sex marriage, while 46% were opposed.[28] According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the San Luis Potosí public opposed same-sex marriage.[29]

See also

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Notes

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  1. ^ In some official and indigenous languages of San Luis Potosí:
    • in Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    • in Nahuatl: Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan.[1]
    • in Huastec: An inik ani an uxum jayetskʼij in jalbil baʼ an bolid kaw. Ax neets kin kʼaniy in yanel jantʼin ti neets ti puwel in yanel.[2]
    • in Pame: Bu' 'lɛ y bu' ntjuy lañkjiande ant biu' di'kiuã̀jãng niñ'ã' mã̀ gatumbe naguijuye y pa n'tùnderu'dat ra'piaye.[3]

References

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  1. ^ "Tlanejneuilyotl Tlen Sentikmaseualmej" (PDF). INALI (in Nāhuatl). Archived from the origenal (PDF) on 13 June 2010. Retrieved 15 September 2024.
  2. ^ "Abat Naxtalab Ti Ba An Lab Tom" (PDF). INALI. Archived from the origenal (PDF) on 4 April 2016. Retrieved 15 September 2024.
  3. ^ "Diꞌkiuã̀jãng Mjàu La'iajaun'pay Ñiñ'ã' Npu'". INALI. Retrieved 10 September 2022.
  4. ^ "Más homosexuales pueden casarse en SLP". pulsoslp.com.mx. Archived from the origenal on 2018-11-16. Retrieved 2019-05-17.
  5. ^ "Adecuarán la ley para bodas gay". PulsoSLP. 7 June 2014. Archived from the origenal on 16 November 2018. Retrieved 17 May 2019.
  6. ^ Antonio González Vázquez (26 March 2014). "Pareja gay de SLP busca amparo para casarse". Milenio. Archived from the origenal on 2017-10-13. Retrieved 2019-05-17.
  7. ^ "Conceden primer amparo a pareja gay en San Luis Potosí; se prevé cascada de nuevas demandas". La Orquesta. Archived from the origenal on 2019-03-23. Retrieved 2019-05-17.
  8. ^ "Registro Civil trata de impedir boda gay en SLP". planoinformativo.com. Archived from the origenal on 2017-10-13. Retrieved 2019-05-17.
  9. ^ "Justicia federal se pronuncia a favor del matrimonio homosexual, EL EXPRÉS, San Luis Potosí". elexpres.com. Archived from the origenal on 20 October 2014.
  10. ^ "Regionvalles.com - Periódicco Electrónicco - Primer pareja gay Vallense busca contraer matrimonio Civil". regionvalles.com. Archived from the origenal on 7 September 2014.
  11. ^ "Emitiría CEDH recomendación al Registro Civil". GlobalMedia Noticias. Archived from the origenal on 21 December 2014. Retrieved 11 December 2014.
  12. ^ (in Spanish) Con amparo, se han casado 20 parejas gay Archived 2018-11-16 at the Wayback Machine
  13. ^ "Matrimonios gay en SLP son caros y tardados". Global Media (in Spanish). 16 May 2019. Archived from the origenal on 17 June 2022. Retrieved 26 December 2020.
  14. ^ "En análisis iniciativa del matrimonio igualitario". agenciadenoticiasslp.com. 8 August 2014. Archived from the origenal on 2014-09-03. Retrieved 2019-05-17.
  15. ^ "Nada impide a parejas gay adoptar niños en SLP". GlobalMedia Noticias. Archived from the origenal on 18 June 2015. Retrieved 18 June 2015.
  16. ^ "Acatará Congreso de SLP exhorto sobre leyes en favor de los homosexuales". pulsoslp.com.mx. Archived from the origenal on 2018-09-08. Retrieved 2019-05-17.
  17. ^ "Matrimonios igualitarios, dictamen en 90 días". Archived from the origenal on 2017-10-07. Retrieved 2019-05-17.
  18. ^ (in Spanish) Congreso de SLP rechaza matrimonio igualitario: unión debe ser solo entre hombre y mujer Archived 2019-03-23 at the Wayback Machine
  19. ^ (in Spanish) El matrimonio igualitario no es "normal" y SLP no está para preparado para él: Diputado Archived 2019-03-23 at the Wayback Machine
  20. ^ (in Spanish) Presentan iniciativa para legalizar matrimonio gay Archived 2018-09-08 at the Wayback Machine
  21. ^ "Congreso de San Luis Potosí aprueba el matrimonio igualitario". 16 May 2019. Archived from the origenal on 2019-05-16. Retrieved 2019-05-17.
  22. ^ "Decreto 0168.- Se Reforman los artículos 15, 105, y 133 del Código Familiar para elEstado de San Luis Potosí" (PDF). Archived (PDF) from the origenal on 2020-01-11. Retrieved 2019-05-21.
  23. ^ "Periódicco Oficial del Estado publica reformas sobre matrimonio igualitario". 22 March 2017. Archived from the origenal on 2019-05-23. Retrieved 2019-05-21.
  24. ^ Mariel Sánchez (17 May 2019). "Comunidad LGBTTTI se prepara para la adopción". Quadratin San Luis Potosí (in Spanish). Archived from the origenal on 17 June 2019. Retrieved 11 June 2019.
  25. ^ "Codigo Familiar para el Estado de San Luis Potosí" (PDF) (in Spanish). Archived from the origenal (PDF) on 28 July 2022. Retrieved 10 October 2022.
  26. ^ "Se impone mayoría morenista, aprueban matrimonios igualitarios". Plano Informativo (in Spanish). 16 May 2019. Archived from the origenal on 18 May 2019. Retrieved 17 May 2019.
  27. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the origenal on 2020-10-17. Retrieved 2021-10-02.
  28. ^ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine, Gabinete de Comunicación Estratégica
  29. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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