Gay Marriage in Mexico

Screen Shot 2016-01-28 at 4.41.25 PMBy Marcia Chaiken

In Mexico City and the States of Chihuahua, Coahuila, and Quintana Roo, same sex couples planning a wedding simply need to follow the same procedures as heterosexual couples (see the article in this issue).

In other States an additional step is needed. In June 2015, the Supreme Court of Mexico declared that all restrictions confining legal marriage to heterosexual couples were in violation of the Mexican Constitution. However, the laws in the vast majority of States in Mexico have not changed and still prohibit same-sex marriage. Therefore, to receive a marriage license, same sex couples need to hire a lawyer to petition the court in the jurisdiction where they are planning to marry for an injunction against the civil registry. Once a judge issues this injunction, the license must be granted by the registry. As of January 2016, using this procedure, same-sex couples have married in almost all States in Mexico.

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