^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 inOaxaca since 5 October 2019. A landmark 2012Supreme Court order for Oaxaca established the right tomarriage byamparo acrossMexico. In August 2019, theCongress of Oaxaca passed legislation amending various articles of the Civil Code to recognise same-sex marriages. The law went into force on 5 October. Previously, same-sex couples could marry in the state from August 2018 but required additionalred tape compared to opposite-sex partners.
In August 2011, three same-sex couples, four women and two men, applied to marry inOaxaca City but were rejected by city officials.[1] They sought anamparo, but it was denied on 31 January. The couples appealed the judgment to the Collegiate Courts in Civil and Administrative Matters for Oaxaca.[1] On 9 April 2012, one of thelesbian couples was granted permission by a judge to marry, thus becoming the first approval forsame-sex marriage in the state. The case wasappealed. On 5 December 2012, the three couples won their appeal from theMexican Supreme Court,[1] but local officials refused to perform themarriages. The case returned to the Supreme Court and an additional ruling in favor of the couples was issued. The first lesbian couple received authorization to marry from the civil registry on 25 February 2013.[1] They were the first same-sex couple to marry in Oaxaca, on 22 March 2013.[1][2] The male couple received notice of their authorization on 3 June 2013,[1] and the third couple two days later.[3]
On 26 August 2012, a Mexican federal judge ordered the state of Oaxaca to perform same-sex marriages based on theConstitution of Mexico which bansdiscrimination on the grounds ofsexual orientation. This ruling and two others were reviewed by the Mexican Supreme Court, which issued unanimous rulings on 5 December 2012, overturning the ban on same-sex marriage in three individual cases.[4] To establishprecedent, however, five individual cases must be decided this way.[5] The 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in everystate in Mexico through therecurso de amparo remedy. Using international decisions, includingAtala Riffo and Daughters v. Chile,[6] the U.S. cases ofLoving v. Virginia andBrown v. Board of Education,[7] and Mexico's own anti-discrimination laws, the Supreme Court ruled on 5 December 2012 that laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violate federal law requiring that they "correspond to all persons without any distinction", and that such laws are unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form afamily.[8] The court based its ruling on 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] Barring legislative will to change state laws, a provision of Mexican law allows that five rulings in a state with the same outcome on the same issue override astatute and establish the legaljurisprudence to overturn it.[9] Thus, marriages obtained byamparo can be performed in any state, regardless of whether the state civil code has been changed.[10]
On 23 April 2014, the Mexican Supreme Court ruled on anotheramparo, granting 39 same-sex couples the right to marry.[11] A couple fromSan Juan Bautista Tuxtepec won anamparo for same-sex marriage in 2016.[12] In July 2017, a same-sex couple from Oaxaca City was successful in getting married without receiving anamparo.[13] The first same-sex marriage inSantiago Jamiltepec took place in April 2018,[14] andSalina Cruz's first same-sex marriage was performed for a lesbian couple the following month.[15] Both marriages were performed after the couples had successfully requested anamparo in court.
On 26 August 2018, the Oaxaca civil registry began allowing same-sex couples to marry without the need of their first obtaining anamparo. However, the process took three business days compared to two hours for opposite-sex couples.[16][17][18][19] Lawyer Daniel Merlin Tolentino explained that the difference of waiting time between heterosexual and same-sex couples was to "ensure the marriage would comply with jurisprudence". The civil registry would "carefully" consider and analyse each marriage request from same-sex couples to ensure its legitimacy, as state law at the time still banned same-sex marriages. To marry, a couple must present valid documents, including a marriage request, both spouses'birth certificates and official documents and the results of a premarital medical test, as well as have at least 4 witnesses present. The cost was identical to heterosexual couples.
On 28 August 2019, theCongress of Oaxaca passed a bill in a 25–10 vote to make the definition of marriage andconcubinage in the Civil Codegender-neutral.[20][21][22] The legislation was signed by GovernorAlejandro Murat Hinojosa on 29 August, published in the official state journal on 5 October 2019 and came into effect that same day.[23] Article 143 of the Civil Code was amended to read:
inSpanish:El matrimonio es un contrato civil celebrado entre dos personas, que se unen para realizar una vida en común y proporcionarse respeto, igualdad y ayuda mutua.
(Marriage is a civil contract between two people, who unite to establish a community of life and to provide each other with respect, equality and mutual aid.)
A 2017 opinion poll conducted byGabinete de Comunicación Estratégica found that 43% of Oaxaca residents supported same-sex marriage, while 55% were opposed.[25]
A 2020 survey conducted by the Center for Social Studies and Public Opinion (CESOP) on 1,400 respondents showed that 62% of Oaxacans were opposed to same-sex marriage, while 37% supported and the remaining 1% were undecided. Levels of support varied greatly with age; it was highest among 18–24-year-olds at 61% and 25–34-year-olds at 50%, while among those aged 55 and above 78% were opposed. Attitudes also varied amongdistricts; with support highest in the 8th electoral district (which includes the state capital,Oaxaca City) at 59%, followed by the 6th electoral district (located in the western part of the state, containing municipalities from theMixteca andSierra Sur regions) at 58%. Opposition reached 90% in the 5th and 7th electoral districts in the eastern part of the state (containing the entirety of theIstmo Region). Women were also more likely to support same-sex marriage than men.[27]
^InSpanish:El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia. InMixtec:Ndihi ñivi iyo cha cuiti cha cua cachi ñi cha cua savaha cha vaha chi ñi chi iqui cuñu ñi, ta cha vaha iyo chi cha cua cuu chi. InZapotec:Casi na gui'chi' bia' ro' ri' la?, guirá' gunaa ne nguiu napa xi guizaca' biaca biaca. Ne laaca laani nga gusiroobani, ne gutagulisaani xquenda biaani binni ti guibani ca jneza. InMazatec:Jè xi̱ta̱ 'xi̱n ko̱ jè chjo̱ón ta ngásón chjí la̱ ra a̱'ta 'tse̱ kjoa̱téxoma. Jè kjoa̱téxoma si̱ikonda̱ ní nga mi ki mé katama la̱ koni 'sín nga si̱íxájtín ko̱ nga ma katamiìjin ra jngo ni'ya xi̱ta̱. InChinantec:Jo̱ røøbˋ cǿøngˋ jaléngꞌˋ dseamɨ́ˋ jo̱guɨ dseañʉꞌˋ fɨˊ quiniˇ jaleꞌ júuˆ quiʉꞌˊ ta˜. Jo̱ e júuˆ e lɨ́ˋ la, íingˆ ta˜ e laco̱ꞌ nilɨseengˋ dseaˋ sɨnʉʉˆ quiáꞌrˉ jo̱guɨ cajo̱ e laco̱ɨ niguiárˉ guiʉ̱́ˉ jial nilɨseiiñˋ colɨɨng˜. InMixe:A ëda ley je'e nëwa'an guwa'anaamp jadu'un ja tu' jëën tu' tëjkpë ajxy oy jyak'yeegët. InZoque:Amkimkuy maka kiotsøwe te' pøt y te' yomo jutse maka iri mi towojindam. InChatino:Tsaña'an yu qui'yu lo'o ne' cuna'an su'hua ña'an ntsu'hui lyoo can' tloo lee, lo' cui' na culaa na 'in lo'o ña'an tyi'in a cunta lo'o tyi'o nde loo se'en ndi'in la na'an 'in. InTrique:Síi ngà siyànà ni̱ gu̱ña̱n huin nguèj sij riñan ley. Ni̱ ley huin sa du̱gumîn dàj ga̱ hue'ê ga̱ne nej dùguì' nej guiì màn 'ngo̱ hue'e. InHuave:Aaga naxey makiiüb najtaj noik miün nejiw ajlüyiw teombas nembeat poch. Aag agüy apmajiür mesapüy at majüyiw najneajay teat, müm makiiüb nakualaran. InCuicatec:Chiⁿ caca yicadi ne ä dama nuⁿ yina d'ätä nducu sa'aⁿ. Caca c'u ne cane chiⁿ nd'ätä iy'aⁿ nimmacu nducu daya yaⁿ.
LGBTQ portal
National Regeneration Movement
Institutional Revolutionary Party
Labor Party.svg){kind=logo}
Ecologist Green Party
Mujeres Independientes
Social Encounter Party
National Action Party
