Mexico's Supreme Court moves towards affirming marriage equality

  • Posted by a hidden member.
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    Jun 28, 2010 7:37 PM GMT
    The court’s project authored by Justice Valls (a project is kind of like a U.S. Supreme Court opinion but these ones are presented first and voted on later) is just common sense... and I mean just pure, unadulterated common sense… hope we can have more of it. The project’s main points are:

    - Rejects that the constitution clause of “protect the family” bars the states from implementing same-sex marriage.This is because the constitution doesn’t just protect an “ideal” kind of family.

    - Rather, that clause protects families that are the product of social realities in their current form and manifestation.

    - Ergo, enacting same sex marriage is not only constitutional; it, in fact, does comply with the letter and spirit of the constitution.

    This bodes well for the whole process, and I think we will have good news in Mexico soon. A caveat: while the final decision of the court will become judicial precedent that can be used on following litigation, and it can motivate state legislatures to enact marriage equality on their own (there are a couple of strong possibilities in the near future) it doesn’t compel them to do so.

    The question before the court is not “Are the states compelled by the constitution to offer marriage to same-sex couples” yet, but rather “Can the states offer civil marriage to same-sex couples”. A negative decision would have been devastating, but a positive one means that we get to keep working for equality.

    Same sex marriage is currently recognized in the Federal District (AKA Mexico City) of Mexico.

    Sources (In Spanish)
  • DCEric

    Posts: 3713

    Jun 29, 2010 12:49 AM GMT
    Good news from south of the boarder. Thanks for letting us know.
  • calibro

    Posts: 8888

    Jun 29, 2010 3:31 AM GMT
    and this is exactly why so many mexicans cross the boarder... who would want to live in that sort of uncivilized country compared to ours? icon_rolleyes.gif
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    Jun 29, 2010 3:51 AM GMT
    Actually would give us illegal options on either side of the US border as gay marriage has been legal in Canada for quite a while.

    But why not? Many traditional/religious or maybe formerly religous societies have become quite comfortable with gay marriage -- Spain and now Portugal (still very conservative and traditional), South Africa (also very conservative in many ways), and add Argentina and now Mexico. It really does make you wonder about the US and its current values and orientation.
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    Jun 29, 2010 6:01 PM GMT
    The U.S. and Mexico have a similar path on this issue. And I have no qualms acknowledging the U.S. is farther ahead of us in it. Both are poised for a long state by state battle until that tipping point in which either the federal Congress or the Supreme Court come up with a national standard.

    As far as gay Americans marrying here… well, that would be awesome icon_biggrin.gif but for the time being you’ll have to live in Mexico City first (heck! I am Mexican and I wouldn’t be able to marry there unless my guy lived there) but if you come and marry a Mexican guy you are in the express path towards citizenship so no illegal stuff, haha.

    There are many reasons why many Mexicans cross north of the border but I haven’t heard same sex marriage being one of them… icon_eek.gif but if it is so, don’t deport them back please! Send them to some theocratic country.

    Mexico is still a socially conservative country but we have three things going for us: church-state separation has been a long cherished tradition... heck sometimes those in power overdid it (i.e. Cristero War); gay people has very intelligently worked the legislatures and our Supreme Court has been a bastion of... well, reading the constitution right and not bowing to the current conservative federal administration.

  • metta

    Posts: 38610

    Jun 29, 2010 6:19 PM GMT
    For people that want to read them in (semi) English, you can use the Google Chrome browser and just click on the Translate To English Button at the top of the browser.

    Thanks for the updates. Very exciting!