Same-sex marriage in Zacatecas

Part of the LGBTQ rights series

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See also

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* Same-sex union court cases
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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. ^ a b 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. ^ A "declaration of family relationship" is available in several 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.

1. ^ a b Not yet in effect.

LGBTQ portal

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Same-sex marriage has been legal in Zacatecas since 30 December 2021. On 14 December 2021, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10.[1] The legislation was published in the official state gazette on 29 December, and came into force the following day.[2] Prior to statewide legalisation, five municipalities of Zacatecas issued marriage licenses to same-sex couples despite a state ban, comprising about a quarter of the state population.[3][4] These five municipalities were Zacatecas, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

## Legal history

[edit]

### Civil unions

[edit]

A civil union bill was first proposed in Zacatecas in June 2011. The measure, which would have provided same-sex couples with a subset of the rights and benefits offered to married opposite-sex couples, was submitted to the Congress of Zacatecas on 30 June, but was stalled in committee. In 2013, the main sponsor of the bill, Jorge Álvarez Máynez, said that it was not prioritized.[5] It had gathered the support of one deputy from the Institutional Revolutionary Party (PRI), some independents, and some deputies from the Party of the Democratic Revolution (PRD), but was opposed by the conservative National Action Party (PAN). It was again discussed in March 2014, but the majority did not approve the measure.[6]

### Same-sex marriage

[edit]

#### Background

[edit]

On 12 June 2015, the Mexican Supreme Court ruled 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. The ruling standardized the procedures for judges and courts throughout Mexico 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 Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, 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." Reacting to the Supreme Court ruling, a PRD deputy announced on 18 June 2015 that she would submit a bill to reform the state's civil and family codes to give same-sex couples the same rights as married heterosexual couples. A spokeswoman for the National Action Party immediately announced the party's opposition and condemned the Supreme Court ruling.[7] The PRD bill was still pending in Congress in November 2017.[8]

The state's first amparo was approved in May 2016. The couple, Rodolfo Eduardo Flores Nava and Francisco Domínguez Galindo, married in the city of Zacatecas in July 2016, making them the first same-sex couple to marry in the state.[9] On 3 April 2017, a lesbian couple from Fresnillo was granted the right to marry by a court.[10] Another same-sex couple from the same city was given the right to marry a few months later. They married in October 2017 in a private ceremony alongside family and friends, marking the first same-sex marriage in Fresnillo.[11] By January 2019, three same-sex couples had married in the city of Zacatecas.[12]

#### Failed attempts in 2019 and municipalities issuing licenses

[edit]

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a party in support of same-sex marriage, winning a plurality of legislative seats in Zacatecas.[13] In late February 2019, MORENA Deputy Mónica Borrego Estrada introduced a new same-sex marriage bill to Congress,[14][15] which she was hopeful would be passed "soon". Borrego Estrada called the heterosexual definition of marriage "a violation of the constitutions of Mexico and Zacatecas".[16] The National Council to Prevent Discrimination also called on the state to legalize same-sex marriage.[17] On 14 August 2019, Congress rejected the bill to legalize same-sex marriage in a 11–13 vote with 2 abstentions.[18]

On 14 February 2019, officials in the city of Zacatecas announced they would begin issuing marriage licenses to same-sex couples.[19][20] Governor Alejandro Tello Cristerna argued that the marriages would be invalid and expressed his personal opposition to the recognition of same-sex marriage, saying that authorities had to be "careful dealing with the topic".[21] Bishop Sigifredo Noriega, who headed the Roman Catholic Diocese of Zacatecas, also stated his opposition, but nevertheless considered it necessary to find an alternative measure protecting the legal rights of same-sex couples without the "destruction of marriage".[22] The first couple married on 23 February,[23] and by 27 February another couple had married and five further couples had submitted marriage applications.[24] The municipality of Cuauhtémoc followed suit in legalizing same-sex marriage on 1 March,[25] and Villanueva on 18 May 2019.[26][27] By 5 July 2019, Miguel Auza had also announced its intention to issue marriage licenses to same-sex couples,[28] and on 1 July 2020 the city council of Fresnillo approved a motion to conduct same-sex marriages in the municipality by a 12–0 vote with 2 abstentions.[29][30][31]

#### Passage of legislation in 2021

[edit]

In September 2021, Deputy Xerardo Ramírez Muñoz from the Labor Party introduced a bill to legalize same-sex marriage to the Congress of Zacatecas.[32] The bill was passed by a Congress committee on 9 December,[33] and a final vote was scheduled for Tuesday, 14 December 2021. The legislation was passed by Congress on 14 December by a vote of 18–10 with 1 abstention.[34] The law was published on 29 December 2021, following Governor David Monreal Ávila's signature, and took effect the following day, on 30 December 2021.[2] The law 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, and inheritance, among others, but excluding adoption rights.[35]

Article 100 of the Family Code was amended to read as follows:

* in Spanish: El matrimonio es la unión jurídica de dos personas donde ambas, mediante una comunidad de vida, y procurándose respeto, igualdad y ayuda mutua, constituyan una familia.

(Marriage is the legal union of two people who, by means of a community of life, and procuring respect, equality and mutual aid, constitute a family.)
Political party | Members  | Yes  | No  | Abstain  | Absent

|
|
|
|
|

National Regeneration Movement | 9  | 8  |  |  | 1
Institutional Revolutionary Party | 7  |  | 6  | 1  |
National Action Party | 3  |  | 3  |  |
Labor Party | 3  | 3  |  |  |
Party of the Democratic Revolution | 3  | 3  |  |  |
Social Encounter Party | 2  | 2  |  |  |
New Alliance Party | 2  | 1  | 1  |  |
Ecologist Green Party of Mexico | 1  | 1  |  |  |
Total | 30 | 18 | 10 | 1 | 1

## Marriage statistics

[edit]

The following table shows the number of same-sex marriages performed in Zacatecas since 2021 as reported by the National Institute of Statistics and Geography.[36]

Number of marriages performed in Zacatecas  Year  | Same-sex  | Opposite-sex  | Total  | % same-sex

|
|
|
|

Female  | Male  | Total
2021 | 20 | 8 | 28 | 7,011 | 7,039 | 0.40%
2022 | 23 | 9 | 32 | 7,002 | 7,034 | 0.45%
2023 | 28 | 15 | 43 | 6,624 | 6,667 | 0.64%

The first same-sex marriage in Jerez de García Salinas took place in May 2022.[37]

## Public opinion

[edit]

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 46% of Zacatecas residents supported same-sex marriage, while 49% were opposed.[38] According to a 2018 survey by the National Institute of Statistics and Geography, 37% of the Zacatecas public opposed same-sex marriage.[39]

## See also

[edit]

* LGBTQ portal
* Mexico portal

* LGBT rights in Mexico
* Same-sex marriage in Mexico

## References

[edit]

1. ^ "Zacatecas Congress approves same-sex marriage". Mexico News Daily. 15 December 2021. Archived from the original on 16 December 2021. Retrieved 16 December 2021.
2. ^ a b "Periodcio Oficial del estado de Zacatecas - 29 December 2021" (PDF). Congress of Zacatecas (in Spanish). Archived (PDF) from the original on 14 January 2022. Retrieved 17 June 2022.
3. ^ "Aprueban matrimonio igualitario en Zacatecas". Periódico Mirador (in European Spanish). 2019-02-14. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
4. ^ "Zacatecas tiene cinco 'paraísos' para el matrimonio igualitario". Homosensual (in Spanish). 3 July 2021. Archived from the original on 6 July 2020. Retrieved 4 July 2020.
5. ^ "En la congeladora, desde 2011, iniciativa de Ley de Sociedades de Convivencia: Jorge Alvarez". Noticias de Zacatecas - La Jornada Zacatecas (in Spanish). Archived from the original on 2014-09-08. Retrieved 2019-03-14.
6. ^ "Rehúyen diputados tema de matrimonio gay". NTR Zacatecas .com (in Spanish). Archived from the original on 2014-09-08. Retrieved 2019-03-14.
7. ^ "Promoverá PRD reformas a códigos Civil y de lo familiar". NTR Zacatecas .com (in Spanish). Archived from the original on 2019-03-30. Retrieved 2019-03-14.
8. ^ (in Spanish) Analizará Legislatura matrimonio igualitario este martes Archived 2019-03-30 at the Wayback Machine
9. ^ (in Spanish) Contraerá matrimonio primera pareja del mismo sexo en el estado de Zacatecas Archived 2019-03-31 at the Wayback Machine
10. ^ (in Spanish) Aprueban primer matrimonio homosexual en Fresnillo Archived 2017-04-03 at the Wayback Machine
11. ^ (in Spanish) Celebrarán primer matrimonio gay en Fresnillo Archived 2019-03-30 at the Wayback Machine
12. ^ (in Spanish) Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo Archived 2019-03-30 at the Wayback Machine
13. ^ (in Spanish) Poder Legislativo del Estado de Zacatecas - LXIII Legislatura Archived 2019-03-15 at the Wayback Machine
14. ^ "Presentan diputados iniciativa a favor de matrimonio igualitario". zacatecasonline.com.mx. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
15. ^ "Presentarán hoy, en Legislatura de Zacatecas, nueva iniciativa en materia de matrimonio igualitario". La Jornada Zacatecas (in Spanish). 2019-02-28. Archived from the original on 2019-03-02. Retrieved 2019-03-15.
16. ^ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
17. ^ "Conapred pide a Zacatecas respaldar matrimonio igualitario". El Informador :: Noticias de Jalisco, México, Deportes & Entretenimiento (in European Spanish). 23 February 2019. Archived from the original on 2019-03-30. Retrieved 2019-03-15.
18. ^ "Congreso de Zacatecas rechaza el matrimonio igualitario". Archived from the original on 2019-09-14. Retrieved 2019-08-14.
19. ^ (in Spanish) Matrimonio igualitario en Zacatecas Archived 2019-03-30 at the Wayback Machine
20. ^ (in Spanish) Ayuntamiento de Zacatecas reconoce matrimonio igualitario Archived 2019-02-23 at the Wayback Machine
21. ^ (in Spanish) Preocupa a Tello la legalidad del matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
22. ^ (in Spanish) Obispo de Zacatecas no acepta matrimonios igualitarios Archived 2019-03-30 at the Wayback Machine
23. ^ "Zacatecas celebra primer matrimonio igualitario sin necesidad de amparo". Mirador (in Spanish). 24 February 2019. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
24. ^ (in Spanish) Presentan diputados iniciativa a favor de matrimonio igualitario Archived 2019-03-30 at the Wayback Machine
25. ^ (in Spanish) En Cuahutémoc, a favor de los matrimonios igualitarios Archived 2019-03-30 at the Wayback Machine
26. ^ "Villanueva, primer municipio perredista del estado en aprobar los matrimonios igualitarios". La Jornada Zacatecas (in Spanish). 20 May 2019. Archived from the original on 23 May 2019. Retrieved 20 May 2019.
27. ^ "SCOTUS update and open thread". Equality on Trial. Archived from the original on 17 September 2021. Retrieved 8 October 2024.
28. ^ "Ombudsman de Zacatecas insta a clero y gobierno a respetar la ley". Jornada (in Spanish). 5 July 2019. Archived from the original on 22 August 2021. Retrieved 23 March 2021.
29. ^ "Aprueba ayuntamiento de Fresnillo matrimonios igualitarios". PÓRTICO: Noticias de Zacatecas con tinta de libertad (in Mexican Spanish). 2020-06-30. Archived from the original on 2020-07-07. Retrieved 2020-07-07.
30. ^ "Da Fresnillo el sí a matrimonios igualitarios". NTR Zacatecas .com (in Spanish). Archived from the original on 2020-07-02. Retrieved 2020-07-07.
31. ^ "Cabildo de Fresnillo aprueba matrimonio igualitario". La Cueva del Lobo (in Spanish). 2 July 2020.
32. ^ "Diputado propone reconocer el matrimonio igualitario en Zacatecas". Zacatecas Al Minuto (in Spanish). 14 September 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
33. ^ "Matrimonio homosexual avanza para ser aprobado en Zacatecas". Zacatecas online (in Spanish). 9 December 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
34. ^ "Zacatecas aprueba el matrimonio igualitario". El Sol de México (in Spanish). 14 December 2021. Archived from the original on 15 December 2021. Retrieved 15 December 2021.
35. ^ "Adopción homoparental, reto para la comunidad LGBT+". La Nota Zacatecas (in Spanish). July 14, 2022.
36. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2021-02-07.
37. ^ "Realizan en Jerez, Zacatecas primer matrimonio igualitario". El Sol de Zacatecas (in Spanish). 20 May 2022.
38. ^ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine, Gabinete de Comunicación Estratégica
39. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine

## External links

[edit]

* "Decreto No. 42" [Text of Zacatecas' same-sex marriage law] (PDF). Periódico Oficial del Estado de Zacatecas (in Spanish). 29 December 2021. Archived from the original (PDF) on 9 February 2022.

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