Same-sex marriage in Tabasco

Same-sex marriage in Tabasco is currently not legal. Bills to legalize civil unions or same-sex marriage in Tabasco have been proposed numerous times over the past decade, but none have passed the Congress of Tabasco.

Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in six British Overseas Territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
LGBT portal
Same-sex unions in Mexico
  Same-sex marriages performed.*
Stripes: In some municipalities only.
  Civil unions performed; marriage by amparo only.
  Marriage not performed (except by amparo) despite court order.
  Marriage accessible by amparo or by traveling out of state.
*Legislation is not equal in all states. See details.

Debate surrounding the legalization of same-sex marriage or civil unions emerged in Tabasco in 2009, simultaneously with the discussion then-ongoing in Mexico City. Following the passage of legislation legalizing same-sex marriage in Mexico City in December 2009, debate gained traction in Tabasco. In 2009, a group of 20 same-sex couples sent a motion to the Congress of Tabasco asking that they be allowed to marry.[1] The state's largest political parties, the Institutional Revolutionary Party (PRI) and the Party of the Democratic Revolution (PRD), announced their support for same-sex marriage in 2010.[2] Despite the support of political parties, there was little legislative will to change the law. As a result, in April 2014 an initiative to reform article 154 of the Civil Code to legalize same-sex marriage was presented by the LGBT organization Tabasqueños Unidos por la Diversidad y la Salud Sexual (Tudyssex).[3]

The Party of the Democratic Revolution submitted another same-sex marriage bill on 3 July 2015, following a ruling from the Supreme Court of Justice of the Nation that same-sex marriage bans are unconstitutional nationwide under Articles 1 and 4 of the Constitution of Mexico.[4][5] On 18 May 2016, a member of the state Congress said that there was consensus in Congress to approve the bill submitted by the PRD,[6] but eventually no vote happened.

The July 2018 elections resulted in the National Regeneration Movement (MORENA), a party that supports same-sex marriage, winning the majority of legislative seats in Congress and the governorship. In November 2021, the president of Tudyssex, José Cruz Guzmán, criticised the inaction of the state Congress.[7] MORENA has been reportedly reluctant to pass same-sex marriage legislation due to opposition from conservative groups.[8] In April 2022, activists said they were working with MORENA deputies to introduce a bill to legalize same-sex marriage.[9]

Injunctions
See also: Same-sex marriage in Mexico § México Igualitario Project

The Mexican Supreme Court 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 injunctions (amparo) 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."[lower-alpha 1]

On 18 February 2015, a local newspaper announced that the first same-sex marriage had occurred in Villahermosa on 13 February after a legal appeal to the Supreme Court.[12] By May 2017, ten same-sex couples had married in Tabasco via the amparo process.[13]

Public opinion

According to a 2018 survey by the National Institute of Statistics and Geography, 56.5% of the Tabasco public opposed same-sex marriage, the second highest in Mexico after the neighboring state of Chiapas at 59%.[14]

See also

Notes
  1. In Spanish, the text reads El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.[10]
    In Chontal Maya, it reads Ni yinik i ni ixik jin tomp'ejo' tupɨnte' ni jɨpt'an. Jinda umek'e' ni woyomjo' i ni uch'ijiba ta ni fa'milya.[11]

References
  1. Grillo, Ioan (24 December 2009). "Mexico City's Revolutionary First: Gay Marriage". Time.com. Archived from the original on 4 November 2012. Retrieved 26 December 2009.
  2. Hernández, Fernando (15 January 2010). "A favor PRI y PRD del aborto y matrimonios gays". El Heraldo de Tabasco (in Spanish). Organización Editorial Mexicana S.A. de C.V. Archived from the original on 14 March 2012. Retrieved 21 January 2010.
  3. Cruz Guzmán, José (30 April 2014). "Presentarán iniciativa de matrimonio gay en Tabasco". SDPnoticias.com (in Spanish). Retrieved 17 June 2019.
  4. "Presentan propuesta a favor de matrimonios entre personas del mismo sexo". H. Congreso del Estado de Tabasco 1. 3 July 2015. Archived from the original on 18 January 2016. Retrieved 17 June 2019.
  5. "propondra bodas gay en Tabasco.html". El Heroico (in Spanish). 15 May 2014. Retrieved 17 June 2019.
  6. Hernández, Fernando (18 May 2016). "Aprobarían bodas gay en 2do. Periodo de Sesiones". El Heraldo de Tabasco. Organización Editorial Mexicana S.A. de C.V. Archived from the original on 20 May 2016. Retrieved 17 June 2019.
  7. "24 estados han aprobado el matrimonio igualitario... ¿Y Tabasco?". El Heraldo (in Spanish). 4 November 2021.
  8. "Se resiste Morena a legislar el matrimonio igualitario en Tabasco". El Heraldo de Tabasco (in Spanish). 6 March 2022.
  9. "Agenda LGBT+: Ley de identidad y matrimonio igualitario en Tabasco". El Heraldo de Tabasco (in Spanish). 2 April 2022.
  10. "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org.
  11. "TUSLOMJƗPOM POLITIKA TA TEROMKAJO' UNTE'JO' AJKƗBNAJO'" (PDF). INALI.
  12. de la Cruz, Arnulfo (18 February 2015). "Boda gay en Tabasco". tabascohoy.com. Archived from the original on 18 February 2015. Retrieved 17 June 2019.
  13. Guzmán, Armando (4 May 2017). "Amparo permite décimo matrimonio entre personas del mismo sexo en Tabasco". Proceso (in Spanish). Retrieved 17 June 2019.
  14. (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?
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