Today the Mexican Supreme Court declared the matrimonial articles of Jalisco’s Civil Code unconstitutional for limiting marriage to heterosexual couples.
Citing the nation’s constitution which prohibits discrimination on the basis of sexual orientation, the Justices nullified the text stating that marriage was only between a man and a woman on a vote of 11-0.
This is the first time the Court directly strikes down a law blocking gay couples from marrying. Couples in Jalisco will now be able to go before a Civil Registry to receive a marriage license without needing a court injunction.
Jalisco joins Mexico City and the states of Chihuahua, Coahuila, Guerrero, Nayarit, and Quintana Roo where gay couples can marry freely. Couples from those areas and couples from other states who receive court injunctions have their marriages recognized both on a federal and state level.
In the past the Mexican Supreme Court ruled for gay couples in individual cases around the country, but due to Mexico’s complex rules stating that a suit must be filed within 30 days of a law’s enactment, only Jalisco qualified for immediate Court action. Couples wanting to marry in other states must request injunctions which are always approved by the court system, but the process can take months and cost thousands of pesos.
The Court needed to have at least 8 of its 11 judges side with same-sex couples for the Civil Code to be changed and the unanimous vote assured LGBT rights groups that the plenary of the Court with several new members would knock down any marriage prohibition brought before them.
As a law was changed, the Court’s written opinion will be published in Jalisco’s state gazette, the Federal gazette, and the Judicial gazette. The publication will bind all the Civil Registries in the state of Jalisco to issue marriage licenses to any and all couples.
For more information on the journey to marriage equality in Mexico, please visit: https://en.wikipedia.org/wiki/Same-sex_marriage_in_Mexico