In Mexico, any same-sex couple in a state that does not currently have a law allowing gay nuptials can sue for a marriage license. The license would be recognized on both a federal and a state level, but the process of receiving a court injunction can be both long and costly.
New legal rhetoric is likely to substantially increase the pressure to change marriage laws in at least two states and make it easier for couples in the long run.
Over time, the language used by the pro-LGBT courts has become harsher against state congresses, and a new chapter may be in the works where couples who sue a state not only receive their marriage licenses but are also entitled to some sort of compensation from the local government. The mounting court pressure and call for reparations already resulted in one state, Chihuahua, having their Governor issue an executive order in 2015 calling on all Civil Registries in the state to hand out a marriage license to anyone regardless of the gender makeup of the couple applying. This happened due to the state having to pay thousands of pesos to couples.
Earlier this month, lawsuits in Baja California Sur and Chiapas were turned over to the First Chamber of the Mexican Supreme Court who has shown intent to label the heterosexual-only matrimonial laws as unconstitutional and hint at reparations for the plaintiffs. States can always appeal, but as history has shown, the Supreme Court of Mexico is a friend to the LGBT community and will uphold any ruling in favor of a gay couple.
Currently, couples can freely marry in Mexico City and the states of Chihuahua, Coahuila, some municipalities in Guerrero, Jalisco, Nayarit, and Quintana Roo.
For more information on Mexico’s journey to marriage equality, please visit: https://en.wikipedia.org/wiki/Same-sex_marriage_in_Mexico.