Same-sex marriage in Colima

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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 will soon become legal in the Mexican state of Colima. On 25 May 2016, a bill to legalise same-sex marriage in the state passed the Congress of Colima.

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
  5+ court orders supporting marriage, requiring legalization by the state government
  1–4 court orders supporting individual marriage
  No court orders, but marriage performed in other states recognized under federal law (applies to all states

On 22 January 2013 the Civil Registry in Cuauhtémoc received a request from a gay couple to marry. After a team of lawyers reviewed the petition,[1] on 27 February 2013, basing the decision on the declaration of the unconstitutionality of discriminatory laws, mayor Vizcaíno Indira Silva, from the municipality of Cuauhtémoc, granted the first same-sex marriage license in Colima.[2] On 25 March 2013, the second same-sex marriage, and first lesbian union occurred.[3] A third same-sex marriage in Cuauhtémoc was held on 4 April 2013 for a lesbian couple and the registrar announced at that time there were 20 to 30 marriages scheduled on the calendar.[4] On 9 June 2013, a male gay couple was granted an injunction to marry in Colima, making the state the second in Mexico to win the right to marriage via "amparo" (injunction).[5]

On 14 June 2013, Rosa Lilia Vargas Valle, a judge of the Second District Court of the Colima State, ruled that the Colima Civil Code is unconstitutional in limiting marriage to opposite-sex couples.[6][7]

On 4 July 2013 the State Congress approved an amendment to Article 147 of the constitution which formalized same-sex civil unions. However it also changed the definition of marriage to be the union of one man and one woman, thus constitutionally banning same-sex marriage. Within 30 days, seven of Colima's ten municipalities approved the change to the civil code.[8] An appeal to the changes was filed and the Supreme Court of the Nation agreed in August 2014 to review it.[9] Deliberations began at the Supreme Court in September 2014 to determine whether the new Civil Code which provides only "wedlock" for same-sex couples and "marriage" to opposite-sex couples is discrimination via sexual orientation.[10] On 18 March 2015, a district judge declared that "separate but equal treatment is discriminatory" and unconstitutional.[11] The decision also stated that section 201 of the Civil Code which defines gendered roles for men and women is discriminatory and reiterated that adoption open to heterosexual married couples must also be open to homosexual couples.[12] Shortly after the ruling, a local LGBT rights group announced that it will help any couple who joined in a civil union receive a marriage certificate.[13] The state appealed the ruling and on 17 June 2015, the Mexican Supreme Court agreed that the 'separate but equal' union laws were unconstitutional.[14] The government has since announced that the civil unions will cease and on 10 July 2015, PRD submitted a same-sex marriage bill to Congress.[15]

Colima's Congress unanimously repealed their partnership law as well as Colima's constitutional ban on same-sex marriage on 5 May 2016 through reform of Article 147. A vote on the legislation was scheduled for later in the month.[16] The bill was approved on 25 May 2016.[17][18]

Political party Members Yes No Abstain Absent
National Action Party 13 13
Institutional Revolutionary Party 8 7 1
Citizens' Movement 1 1
New Alliance Party 1 1
Labor Party 1 1
Ecologist Green Party of Mexico 1 1
Total 25 24 1

See also

References

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  16. Anula Congreso Enlaces Conyugales
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  18. Colima aprueba matrimonio igualitario