The Reverse DOMA in Mexico

  • Posted by a hidden member.
    Log in to view his profile

    Aug 09, 2010 8:47 PM GMT
    (This was going to my blog but I'll put it here first icon_smile.gif) (Post updated after the Supreme Court ruling)

    We're so excited!

    A majority of 9 justices (out of a total of 11) in the Mexican Supreme Court voted to rule that the constitution compels all Mexican states to recognize same-sex marriages performed in Mexico City and eventually other states like Tabasco or South Baja California where it is being considered.

    In effect, a "reverse-DOMA" or de-facto nationwide marriage equality just-go-to-the-capital-to-marry-and-come-back.

    They are expected to vote a final resolution this month. Meanwhile they are ironing out mostly minor issues.

    Now... do we fear a DOMA-like legislation in Mexico? We are optimistic. We did take note when DOMA happened in the U.S. and work has been done by many groups in various political parties. Only one major party and a couple of small ones would push for a DOMA-like law and they might peel off a few deputies and senators from other parties; but, any such legislation would need to be in the form of a constitutional amendment, not simple statutory law, requiring a super-majority of two thirds of both chambers of the federal legislature and a majority of local congresses ratifying it.

    Going for us: In the lower chamber the parties responsible for Mexico City's marriage equality and Coahuila's civil unions are, combined, an almost super majority of 328 out of 500 members. In the Senate they are 72 out of 128 members. This doesn't mean all those would be no votes for a constitutional amendment, but this makes reaching super majority level very, very difficult considering that these parties are currently the opposition to the president who is adamant in opposing marriage equality and the opposition in the legislature enjoys rebuffing him every chance they got. Besides, in my experience, an overwhelming majority of people doesn't even know what is going on and most of them wouldn't care one way or the other.

    Going against us: Not much. Maybe the federal government will try to make an issue out of this, but there are no elections in sight a year from now (Timing, timing, timing) and the media would probably treat this as an attempt to distract the nation from the not-going-so-well War on Drugs.

    I’ll keep you updated.

    http://mx.news.yahoo.com/s/09082010/90/n-mexico-avanza-aval-suprema-corte-torno.html (Source about the Supreme Court)
  • roadbikeRob

    Posts: 14351

    Aug 09, 2010 9:47 PM GMT
    Hey if this happens, Mexico will become like Canada with same sex marriage. This could possibly put some intense political heat on the US in terms of this controversial issue. I am sure that the hypocritical Roman Catholic Church and right wing fundamentalists will be pressuring the Mexican national government to reject nationwide gay marriage.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 09, 2010 10:49 PM GMT
    If this doesn't increase tourism- I don't know what will.
  • roadbikeRob

    Posts: 14351

    Aug 09, 2010 10:54 PM GMT
    Well if Mexico makes gay marriage the law of the land, than border states like Sonora, Chihuahua, and Nuevo Leon could do what Ontario, Canada did and that is allow American gays to marry under their new law despite the fact that it will not be recognized in the US. That would greatly help increase tourism and revenue for Mexico the same way it did for Canada.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 09, 2010 10:56 PM GMT
    roadbikeRob saidWell if Mexico makes gay marriage the law of the land, than border states like Sonora, Chihuahua, and Nuevo Leon could do what Ontario, Canada did and that is allow American gays to marry under their new law despite the fact that it will not be recognized in the US. That would greatly help increase tourism and revenue for Mexico the same way it did for Canada.


    Except it will be recognized in some states now. icon_wink.gif
  • roadbikeRob

    Posts: 14351

    Aug 09, 2010 11:00 PM GMT
    A1EX, I doubt that Arizona, New Mexico, and Texas will ever allow gay marriage or recognize gay marriages from elsewhere. Arizona and Texas are both extreme right wing conservative and show no signs of changing in the forseeable future.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 09, 2010 11:02 PM GMT
    roadbikeRob saidA1EX, I doubt that Arizona, New Mexico, and Texas will ever allow gay marriage or recognize gay marriages from elsewhere. Arizona and Texas are both extreme right wing conservative and show no signs of changing in the forseeable future.


    Did you not read what I typed?!

    In "some" states- In italic.... icon_rolleyes.gif
  • roadbikeRob

    Posts: 14351

    Aug 09, 2010 11:09 PM GMT
    I understand what you typed and those "some states" are only six out of the fifty states. California would be Mexico's only competition.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 10, 2010 4:52 AM GMT
    roadbikeRob saidWell if Mexico makes gay marriage the law of the land, than border states like Sonora, Chihuahua, and Nuevo Leon could do what Ontario, Canada did and that is allow American gays to marry under their new law despite the fact that it will not be recognized in the US. That would greatly help increase tourism and revenue for Mexico the same way it did for Canada.


    Well, not so fast. Currently only if you travel all the way down to Mexico City... beats flying all the way to Spain or Argentina if you must have your marriage in a Spanish speaking country.

    Border states like Sonora, Chihuahua, Nuevo Leon, etc. would recognize same sex marriages but not perform them until their own local legislatures enact marriage equality laws. In fact, we still do not even know for sure if they would recognize same sex marriages from abroad yet, but people with more knowledge than me in law say that the odds are good given treaties and precedence.

    So in the border states it would be like marrying in D.C. or Massachusets and visiting Maryland where your marriage is valid also, but you could not have married in Maryland itself.


    roadbikeRob saidA1EX, I doubt that Arizona, New Mexico, and Texas will ever allow gay marriage or recognize gay marriages from elsewhere. Arizona and Texas are both extreme right wing conservative and show no signs of changing in the forseeable future.


    My educated guess is that when (not if, but when) Mexican border states with gay friendly goverments begin enacting marriage equality it will an effect north of the border, particularly in New Mexico where same sex marriage is neither enacted nor banned or even mentioned in statutory law. But... well, I think that states like Texas with marriage ban will have to wait until the U.S. Supreme Court overturns that.
  • santz7

    Posts: 47

    Aug 10, 2010 8:40 AM GMT
    Engineer said(This was going to my blog but I'll put it here first icon_smile.gif)

    We're so excited!

    A majority of 7 justices (out of a total of 11) in the Mexican Supreme Court are signing up to a project presented by Justice Valls (I'm beggining to love that guy's common sense) that would declare that the constitution compels all Mexican states to recognize same-sex marriages performed in Mexico City and eventually other states like Tabasco or South Baja California where it is being considered.

    In effect, a "reverse-DOMA" or de-facto nationwide marriage equality just-go-to-the-capital-to-marry-and-come-back.

    They are expected to vote a final resolution this month. Meanwhile they are ironing out mostly minor issues.

    Now... do we fear a DOMA-like legislation in Mexico? We are optimistic. We did take note when DOMA happened in the U.S. and work has been done by many groups in various political parties. Only one major party and a couple of small ones would push for a DOMA-like law and they might peel off a few deputies and senators from other parties; but, any such legislation would need to be in the form of a constitutional amendment, not simple statutory law, requiring a super-majority of two thirds of both chambers of the federal legislature and a majority of local congresses ratifying it.

    Going for us: In the lower chamber the parties responsible for Mexico City's marriage equality and Coahuila's civil unions are, combined, an almost super majority of 328 out of 500 members. In the Senate they are 72 out of 128 members. This doesn't mean all those would be no votes for a constitutional amendment, but this makes reaching super majority level very, very difficult considering that these parties are currently the opposition to the president who is adamant in opposing marriage equality and the opposition in the legislature enjoys rebuffing him every chance they got. Besides, in my experience, an overwhelming majority of people doesn't even know what is going on and most of them wouldn't care one way or the other.

    Going against us: Not much. Maybe the federal government will try to make an issue out of this, but there are no elections in sight a year from now (Timing, timing, timing) and the media would probably treat this as an attempt to distract the nation from the not-going-so-well War on Drugs.

    I’ll keep you updated...I HAVE MY FINGERS CROSSED.. IT WILL BE WONDERFULL.. USA IN THE MIDLE OF TWO COUNTRIES WITH GAY MARRIAGE.. I THINK IT WILL INFLUENCE WHAT'S HAPPENING NOW!!!

    http://mx.news.yahoo.com/s/09082010/90/n-mexico-avanza-aval-suprema-corte-torno.html (Source about the Supreme Court)