Same-sex marriage in Hidalgo
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Same-sex marriage has been legal in Hidalgo since 11 June 2019. A bill for the legalization of same-sex marriages was approved by the Congress of Hidalgo on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.
Legal history
Summarize
Perspective
Background
The Supreme Court of Justice of the Nation ruled on 12 June 2015 that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. Specifically, the court ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family."[a]
Due to the lack of legislative action, a collective amparo for six same-sex couples was filed with the Third District Court on 8 August 2014 to contest the constitutionality of articles 8, 11 and 143 of the Family Code.[3] Article 8 described marriage as a "social and permanent institution between a man and a woman", and article 143 similarly defined concubinage as "between a man and a woman". Article 11 characterized marriage as an institution whose goal was "perpetuating the species". Almost two years later, in September 2016, the First Chamber of the Mexican Supreme Court declared that the articles violated the Constitution of Mexico, and gave the plaintiff couples the right to marry.[4] Another amparo contesting the constitutionality of the three articles was filed in December 2014.[5] In October 2016, Yolanda Molina Reyes, the state coordinator of Equal Marriage Mexico (Matrimonio Igualitario México), said that within the past two years three separate amparos against the state had been filed, all of which had been successful in the courts. The first same-sex wedding in the state occurred in Pachuca on 8 October 2016.[6] By August 2017, 8 amparos for same-sex marriages had been granted in Hidalgo.[7]
Legislative action
As Mexico City and Coahuila had recently legalized civil unions, a similar measure was proposed in Hidalgo in July 2007.[8] However, it stalled in the Congress of Hidalgo as well as in successive legislative sessions.[9] In October 2013, Congress indicated that there was not sufficient "maturity" in society to accept same-sex marriage and that it would instead consider a bill to recognize same-sex cohabitation,[10] but eventually no such partnership bill was approved by Congress.
The July 2018 general elections resulted in the National Regeneration Movement (MORENA), whose party platform included support for same-sex marriage, winning the majority of legislative seats in Congress. In October 2018, a same-sex marriage bill was introduced to Congress by Deputy Areli Rubí Miranda Ayala from the Party of the Democratic Revolution (PRD).[11] It was approved on 14 May 2019 in a vote of 18–2 with 8 abstentions.[12] Governor Omar Fayad signed the bill into law on 24 May. It was published in the official state journal on 10 June 2019 and took effect the following day.[13] The law ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, and adoption rights, among others.[14] The first same-sex couple to marry in Hidalgo under the new law were two women in Tulancingo on 17 June 2019.[15] Article 8 of the Family Code now reads as follows:
- in Spanish: El matrimonio es una institución social y permanente, por la cual se establece la unión jurídica entre dos personas, que, con igualdad de derechos y obligaciones, procuran respeto, igualdad y ayuda mutua, originan el nacimiento y estabilidad de una familia, así como la realización de una comunidad de vida plena y responsable.
- (Marriage is a social and permanent institution, in which the legal union of two people is established, who, with equal rights and obligations, seek respect, equality and mutual aid, the birth and stability of a family and the realization of a full and responsible community of life.)
| Political party[16][17] | Members | Yes | No | Abstain | Absent |
|---|---|---|---|---|---|
 National Regeneration Movement |
17 | 15 | 1 | 1 | |
 Institutional Revolutionary Party |
5 | 5 | |||
 National Action Party |
3 | 2 | 1 | ||
 Social Encounter Party |
2 | 2 | |||
 Labor Party |
1 | 1 | |||
 Party of the Democratic Revolution |
1 | 1 | |||
 New Alliance Party |
1 | 1 | |||
| Total | 30 | 18 | 2 | 8 | 2 |
Marriage statistics
The National Institute of Statistics and Geography reported that 71 same-sex marriages had been performed in Hidalgo in 2019, representing 0.78% of marriages.[18]
The first same-sex marriage in Tlahuelilpan took place in October 2022.[19] By the end of 2023, 15 same-sex couples had married in Tulancingo.[20]
Public opinion
A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Hidalgo residents supported same-sex marriage, while 46% were opposed.[21] According to a 2018 survey by the National Institute of Statistics and Geography, 42% of the Hidalgo public opposed same-sex marriage.[22]
See also
Notes
- In some official and indigenous languages of Hidalgo:
- in Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
- in Otomi: Ra ñ’o̱ho ne ra be̱hñä rangutho di ge ra hmända. Nuna mädi ra mutsi ne ra te nuya mengu.[1]
- in Nahuatl: Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan.[2]
References
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