^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
^Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
Same-sex marriage has been legal inMichoacán since 23 June 2016. On 18 May 2016, theCongress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.[1]
Michoacán also offersdomestic partnerships to same-sex and opposite-sex couples. Legislation to this effect passed Congress in September 2015.
In November 2006, it was announced that severalcivil union bills would be formally introduced to theCongress of Michoacán. A bill was introduced in 2007, but it stalled and was not voted on.[2] Aftersame-sex marriage was approved inMexico City in 2010, theParty of the Democratic Revolution (PRD) announced it would propose bills forsame-sex marriage andadoption, along with a "law for coexistence partnerships" to legalize same-sex civil unions.[3] A bill was submitted in March 2010 by theGrupo de Facto Diversidad Sexual en Michoacán, which proposed both marriage andcohabitation, but did not mention adoption rights.[4] As with the previous proposals, it stalled.[5]
On 27 August 2015, the Justice and Human Rights Committee approved a new text of the Family Code that maintained the heterosexual definition ofmarriage but enacteddomestic partnerships (Spanish:sociedad de convivencia,pronounced[sosjeˈðaððekombiˈβensja]) for same-sex couples. It was approved unanimously by Congress in a 34–0 vote on 7 September 2015.[6][7] The law was published on 30 September 2015 in the state's official journal.[8] The following month, an action of unconstitutionality (accion de inconstitucionalidad; docketed 107/2015) was filed with theMexican Supreme Court by the State Human Rights Commission. The Commission argued that providing only partnerships to same-sex couples and marriage to opposite-sex couples was discriminatory and violated Articles 1 and 4 of theConstitution of Mexico.[9] Thelawsuit was rendered moot as a result of the state's legalization of same-sex marriage in May 2016. The court voted unanimously to dismiss the challenge on 18 June 2018 for this reason.[10]
Domestic partnerships were previously available to same-sex couples only. Since 23 June 2016, heterosexual couples may enter into domestic partnerships as well.[11]
After 4 years of legal process,[12] a federal court ruled on 5 March 2014 that the state hadunfairly discriminated against alesbian couple, Alejandra Banderas Rosales and Claudia Brizeiry López Ramos, by preventing them from marrying. The court ordered the local civil registrar to perform the marriage.[13] The couple married inMorelia on 12 March 2014, making them the first same-sex couple to marry in Michoacán.[14]
On 6 May 2014, it was announced that a second lesbian couple, Elizabeth Cervantes Guerrero and Cecilia González Villanueva, had obtained anamparo, and seven more cases were pending.[15] The couple married on 16 May and subsequently on 15 August 2014 applied to register the birth of their twin children, which had also been approved by anamparo. It was the firstregistration in the state of a child born to a same-sex couple.[16] Gerardo Herrera Pérez, president ofGrupo de Facto Diversidad Sexual en Michoacán, announced that they had collected 100 signatures for a collectiveamparo in September 2014 and the initiation of the firstadoption in the state by a couple who hadmarried in Mexico City.[17][18]
It was announced on 20 June 2015 that a third lesbian couple had obtained anamparo to marry.[19] On 29 June 2015, a spokesperson for the civil registry said they had formalized six same-sex unions in the previous year.[20] On 10 July 2015, a judge from the Seventh District Court ordered the state to accommodate a lesbian couple'samparo. The ruling gave theGovernor of Michoacán and the President of Congress until 15 July 2015 to make the arrangements and revise the laws regarding marriage, or face penalties. The attorney leading theamparo told the media that state leaders would be found liable for not repealing the discriminatory parts of the Family Code in accordance with the judge's order.[21] It was announced on 13 July that Congress would abide by the judge's ruling.[22] When questioned by the media on 14 July, GovernorSalvador Jara Guerrero declared that the changes would be applied on 15 July and was quoted as saying "Of course!" to removing the heterosexual definition of marriage in the state's code.[23] On 31 July 2015, it was announced that an additional 19amparos to marry had been granted to same-sex couples in Michoacán. In making the announcement, deputies Talía Vázquez Alatorre andCristina Portillo Ayala regretted that the Congress still had yet to act, but hoped that these furtheramparos would emphasize the need for passage of the reforms to the Family Code.[24]
Previously, the Family Code prevented same-sex couples from marrying. Article 123 (now known as article 127) defined marriage as the "union of a man and a woman", and article 125 (now repealed) described marriage as an institution whose goal was "perpetuating the species". Numerous state and federal judges had declared these two articles unconstitutional and discriminatory, and granted individual same-sex couples the right to marry. TheSupreme Court of Justice of the Nation ruled on 12 June 2015 that bans on same-sex marriage are unconstitutional nationwide under Article 4 of theConstitution of Mexico,[25] which reads: "Man and woman are equal under the law. The law shall protect the organization and development of the family."[a]
On 18 May 2016, theCongress of Michoacán approved a same-sex marriage bill by 27 votes to 0 with 8 abstentions. This had followed previous attempts to pass a domestic partnership law instead of a same-sex marriage law as required by a judicial ruling in July 2015.[27][28] The law was published in the state's official journal on 22 June 2016, following GovernorSilvano Aureoles Conejo's signature, and came into effect on 23 June. It ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, includingtax benefits,immigration rights,property rights,inheritance, adoption rights, etc.[29]
inSpanish:El matrimonio es la unión legítima de dos personas para realizar una comunidad de vida permanente, en la que se procuren respeto, igualdad y ayuda mutua.
(Marriage is the legal union of two people who establish a permanent community of life, in which they seek respect, equality and mutual aid.)
The following table shows the number of same-sex marriages performed in Michoacán since legalization in 2016 as reported by theNational Institute of Statistics and Geography.[31] Figures for 2020 are lower than previous years because of the restrictions in place due to theCOVID-19 pandemic. The civil registry of Michoacán estimated that 598 same-sex marriages had been performed in Michoacán by the end of 2020.[32]
Number of marriages performed in Michoacán
Year
Same-sex
Opposite-sex
Total
% same-sex
Female
Male
Total
2016
34
21
55
22,648
22,703
0.24%
2017
62
39
101
22,516
22,617
0.45%
2018
86
50
136
20,499
20,635
0.66%
2019
108
70
178
20,966
21,144
0.84%
2020
30
24
54
10,831
10,885
0.50%
2021
110
47
157
18,525
18,682
0.84%
86 same-sex marriages took place in the state between June 2016 and May 2017. Most of these marriages were performed inMorelia, the state's capital, followed byUruapan,Zamora,Apatzingán,La Piedad,Lázaro Cárdenas,Pátzcuaro andPuruándiro.[33] The civil registry began training its employees to realise that same-sex marriage is indeed legal in Michoacán as according to some reports several same-sex couples were turned away when applying formarriage licenses.[34]
The first same-sex marriage for aPurépecha same-sex couple was performed inIhuatzio on 12 February 2022. There was no vocal objection from the inhabitants of the community, and the couple said they "were proud of [their] people, because being in a small community and having large families, where we all know each other, there was not, thank God, a negative response".[35]
A 2017 opinion poll conducted byGabinete de Comunicación Estratégica found that 48% of Michoacán residents supported same-sex marriage, while 49% were opposed.[36]
^InSpanish:El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia. InPurépecha:Achaatini ka warhiitini mák’u exeasïnti juramúkwa. I kwách’akwati tánkurhikwani ka kw’íripikwa sïrukwichiri.[26]
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