Rumbles of litigation, as state representatives straddle the fence
*Updated Feb. 10*
Mérida, Yucatán -
A coalition of 16 organizations here is demanding that the state legislature immediately authorize same sex unions.
But the Colectivo Matrimonio para Todos y Todas - which can be rougly translated as the "Marriage Collective for All Men and All Women" - says legislators are ignoring them.
The coalition delivered its request to the legislative body on Nov. 27, but has heard nothing since. "We're worried the proposal is in the freezer," a spokesman said yesterday.
The group charges that Yucatán's recognition of only opposite sex marriages violates the state and federal constitutions, and human rights provisions in the latter which have been judicially determined to extend to gay unions. They've got plenty of legal authority on their side.
In January 2012, Mexico's Supreme Judicial Court ruled that each of the country's 32 states could decide for itself whether to permit gay marriage (Mexico's highest court upholds right of same-sex couples to marry, but only in some states). The Federal District had already done so in 2009, but legislatures in some states challenged its authority in the matter. The judges rejected that challenge, holding that gay marriage is a local issue to be entrusted to state, not federal, representatives.
In May same sex unions became lawful along Mexico's Caribbean coast (Gay marriages recognized in Quintana Roo). Since then, Cancún and other Riviera Maya locations which depend heavily on the tourist trade have expressed interest in setting up a boutique industry dedicated to gay weddings and honeymoons (Can Quintana Roo state save itself from Los Zetas by promoting gay marriage?).
On Dec. 5 the Supreme Court took a huge leap towards nationwide legal recognition of such unions, irrespective of whether they've been formally approved by local legislators. In a case from Oaxaca state, in southwestern Mexico, the judges ordered a local marriage registrar to recognize a same-sex couple. For all practical purposes the court found there is a fundamental constitutional right to enter into homosexual unions. MGRR noted at the time, "Today's ruling does not automatically legalize gay marriage throughout the nation. But as similar cases are presented to the Supreme Court - a virtual inevitability - that is very likely to occur." Mexico moves towards nationwide recognition of gay unions.
On Dec. 7 the U.S. Supreme Court agreed to consider similar constitutional issues. Two cases, one from California and the other from New York, will be argued later this year.
The coalition did not say whether they plan to sue the state if it fails to adopt their proposed measure, but they would have the legal right to do so - and probably an easy road to victory in the courthouse.
Apr. 30 - Yucatán federal court orders recognition of gay marriage
Feb. 10 - Gay marriage is not lawful in the state of Jalisco, and may not be anytime soon, but that didn't stop these couples from a symbolic tying of the knot in Guadalajara today.
Feb. 4 - Vatican City. In an announcement which will surprise some, the Roman Catholic Pontifical Council for the Family suggested today that is has no opposition to legislation recognizing same-sex unions, together with the civil rights which accompany them. But the Council emphasized that such unions "are not to be confused with marriage, which can only exist between a man and woman." That comment is guaranteed to ignite a spark of debate in nations where the issue is under legal analysis.
Feb. 6 - Ooops . . . Today the Council says that its words were "misunderstood and misreported." The Church says it's still strongly against gay . . . marriage . . . or unions . . . or whatever you call it.
Feb. 2 - French National Assembly deputies approve gay marriage bill
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