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Revision as of 02:34, 6 August 2015

This article is about LGBT rights in Mexico. For general LGBT topics in Mexico, see LGBT in Mexico.

LGBTQ rights in Mexico
Mexico
StatusLegal since 1871
Gender identityTransgender persons can change their legal gender and name in Mexico City (since 2008).
Discrimination protectionsSexual-orientation protection nationwide since 2003 (see below)
Family rights
Recognition of relationshipsSame-sex marriage in Mexico City (2010), Quintana Roo (2012), Coahuila (2014), Chihuahua (2015), Guerrero (2015) Civil unions in Coahuila (2007), Colima (2013), Jalisco (2013), Campeche (2013)
AdoptionJoint adoption legal in Mexico City (2010) and Coahuila (2014).
Nationwide, single gay persons may adopt.

Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.[citation needed]

Tolerance of sexual diversity in certain indigenous cultures is widespread, especially among Isthmus Zapotecs and Yucatán Mayas.[citation needed]

As the influence of foreign and domestic cultures (especially from more cosmopolitan areas like Mexico City) grows throughout Mexico, attitudes are changing.[citation needed] This is most marked in the largest metropolitan areas, such as Guadalajara, Monterrey, and Tijuana, where education and access to foreigners and foreign news media are greatest. Change is slower in the hinterlands, however, and even in large cities discomfort with change often leads to backlashes.[citation needed]

Since the early 1970s, influenced by the United States gay liberation movement[citation needed] and the 1968 Tlatelolco massacre, a substantial number of LGBT organizations has emerged. Visible and well-attended LGBT marches and pride parades have occurred in Mexico City since 1979 and in Guadalajara since 1996.

On 3 June 2015, the Supreme Court of Justice of the Nation released a "jurisprudential thesis" in which the legal definition of marriage was changed to encompass same-sex couples. The articles in the constitution restricting marriage to a man and a woman were deemed unconstitutional by the court and thus every justice provider in the nation must validate same-sex unions, thus legalizing gay marriage. However, the process is lengthly as couples must request a jurisdiction from a judge, a process that can take significantly longer than the process for an opposite-sex wedding.

Political and legal gains have been made through the left-wing Party of the Democratic Revolution, leftist minor parties such as the Labor Party and Convergence, and the centrist Institutional Revolutionary Party. They include the 2001 amendment to Article 1 of the Federal Constitution to prohibit discrimination based on sexual orientation. Same-sex marriage are performed in Mexico City, Quintana Roo, Coahuila, Chihuahua and Guerrero and generally in Colima. Civil union are performed in an additional three states, which are Colima, Jalisco and Campeche. Adoption rights have been extended to same-sex couples in Mexico City and Coahuila.

Timeline

Map of Mexico, depicting the status of same-sex unions
State recognition of same-sex relationships in Mexico
  Same-sex marriage
  Same-sex civil unions recognized
  Unregistered cohabitation
September: Mexico City passed an ordinance banning discrimination based on sexual orientation, the first of its kind in the country.[citation needed]
  • 2000: Enoé Uranga, an openly lesbian politician, proposed a bill that would have legalized same-sex civil unions in Mexico City. The local legislature, however, decided not to enact the bill after widespread opposition from right-wing groups.[citation needed]
  • 2001: Article 1 of the Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation.
  • 2003 (29 April): A federal anti-discrimination law was passed and a national council immediately created to enforce it.[citation needed]
Amaranta Gómez became the first transgender woman to run for a seat in the Congress of Mexico.[citation needed]
31 January: The nation's first same-sex civil union ceremony was performed in Saltillo, Coahuila.[5]
Gay-rights parade float with Aztec eagle-warrior theme
Float with Aztec Eagle Warrior theme at 2009 LGBT Pride Parade in Mexico City.
5 August: The Supreme Court of Justice of the Nation, the highest federal court in the country, voted 9–2 to uphold the constitutionality of Mexico City's same-sex marriage reform.[citation needed] Four days later, it upheld the city's adoption law.[citation needed]
  • 2011 (24 November): The Coahuila supreme court struck down the state's law barring same-sex couples from adopting, urging the state's legislature to amend the adoption law as soon as possible.[citation needed]
28 November: Two same-sex couples were married in Kantunilkin, Quintana Roo, after discovering that Quintana Roo's Civil Code does not specify gender requirements for marriage.[9]
  • 2012 (January): Same-sex marriages were suspended in Quintana Roo pending legal review by Luis González Flores,[10] the secretary of state of Quintana Roo.[11]
(April): Roberto Borge Angulo, the governor of Quintana Roo, annulled the two same-sex marriages performed in Kantunilkin.[10]
(May): Luis González Flores reversed Borge Angulo's annulments in a decision allowing for future same-sex marriages to be performed in Quintana Roo.[12]
  • 2012 (December): The Supreme Court in Mexico City struck down a Oaxaca state law that had limited marriage to one man and one woman for purposes of procreation.[13]
  • 2013 (27 February): The first same-sex marriage licenses were issued in the state of Colima, after officials cited the state constitution, which prohibits discrimination due to sexual preference, and the Supreme Court ruling that struck down Oaxaca state's gay marriage ban. Although same-sex marriage is not officially law in Colima state, a same-sex couple can apply for and receive a marriage license.[14][15]
(March 22): First same-sex marriage occurred in Oaxaca.[16]
(June 14): The Second Federal District Court of the State of Colima ruled that the State Civil Code is unconstitutional in limiting marriage to opposite-sex couples.[17]
(July 1): The Third District Court of the State of Yucatán ruled that two petitioners were able to marry. Martha Góngora, director of the civil registry of the state, said the decision would be reviewed and might be returned to the court. Jorge Fernández Mendiburu, defense counsel in the case, indicated that if the registrar refused to complete the marriage, the case would be brought before the Supreme Court of Justice with a request for the state law limiting marriage to one man and one woman to be declared unconstitutional.[18][19]
(August 8): Two men become the first same-sex couple to legally marry in the state of Yucatán.[20]
(December 23): Campeche legalized the civil union called 'Sociedades de Convivencia' [21]
  • 2014 (February 11) Coahuila Congress approved adoption by same-sex couples, by repealing Article 385-7 of the Civil Code.[22]
(March 21): Mexico declared, by Presidential Decree, May 17 as the National Day Against Homophobia.[23] See International Day Against Homophobia, Biphobia and Transphobia.
(September 1): Coahuila Congress approved same sex marriage, by changing the civil code of the state.[24]
  • 2015 (February 26), the Constitutional Court of the State of Yucatán announced that it will decide on 2 March whether state prohibitions against same sex marriage are in violation of the federal constitution and international agreements.
(March 2): the constitutional court of Yucatán dismissed the appeal for constitutional action to change the Civil Code. Supporters of amending the code have promised to appeal the decision.
(June 3): The Supreme Court of Justice of the nation releases a "jurisprudential thesis" expanding the definition of marriage to encompass same-sex couples as state laws restricting it were deemed unconstitutional and discriminatory.[25]
(June 12): The state of Chihuahua became the third state to legalize same-sex marriage after the governor announced that his administration would no longer oppose same-sex marriages within the state. The order was effective immediately.[26][27]
(July 10): The state of Guerrero became the fourth state to legalize same-sex marriage after the governor instructed civil agencies to approve same-sex marriage licenses.[28] Later that day, 20 same-sex couples were married by the Governor Rogelio Ortega in Acapulco.[29]

History

For information before 1970, see LGBT history in Mexico.

1970 to present

Photo from gay-pride parade in Mexico City, with rainbow flag
2009 LGBT Pride Parade in Mexico City. The first parade, in 1979 (also known as LGBT Pride March), attracted over 1,000 marchers.
Gay-pride marchers on a street, with yellow banner and clothing
LGBT marchers demanding equality at the 2009 LGBT Pride Parade in Mexico City

During the early 1970s, influenced by the U.S. gay liberation movement and the 1968 Tlatelolco massacre, small political and cultural groups were formed. Initially, they were strongly linked to the political left and, to a degree, feminist organizations. One of the first LGBT groups in Latin America was the Homosexual Liberation Front (Frente de Liberación Homosexual), organized in 1971 in response to the firing of a Sears employee because of his allegedly-homosexual behavior in Mexico City.[30]

The Homosexual Front of Revolutionary Action (Frente Homosexual de Acción Revolucionaria) protested the 1983 roundups in Guadalajara, Jalisco.[31] The onset of AIDS during the mid-1980s created considerable debate and public discussion about homosexuality. Many voices, both supportive and opposing (such as the Roman Catholic Church), participated in public discussions that increased awareness and understanding of homosexuality. LGBT groups were instrumental in initiating programs to combat AIDS, which was a shift in focus that curtailed (at least temporarily) the emphasis on gay organizing.[30]

In 1991, Mexico hosted a meeting of the International Gay and Lesbian Association (ILGA), which was its first meeting outside Europe.[30] In 1997, LGBT activists were active in constructing the political platform that resulted in Patria Jiménez (a lesbian activist in Mexico City) being selected for proportional representation in the Chamber of Deputies representing the left-wing Party of the Democratic Revolution (PRD).[30] LGBT rights advocate David Sánchez Camacho was elected to the Legislative Assembly of the Federal District (ALDF).[32]

In August 1999, the First Meeting of Lesbians and Lesbian Feminists was held in Mexico City. From this meeting evolved an organized effort for expanded LGBT rights in the country's capital.[33] The following month, the PRD-controlled Legislative Assembly passed an ordinance banning discrimination based on sexual orientation, the first of its kind in Mexico.[34]

Visible (and well-attended) LGBT marches and pride parades have been held in Mexico City since 1979 and in Guadalajara since 1996, the country's largest cities.[30] In 2001, Article 1 of the Federal Constitution was amended to prohibit discrimination based (among other factors) on sexual orientation under the vague term preferences. On 11 June 2003, an anti-discrimination federal law took effect, creating a national council to enforce it.[35] The same year, Amaranta Gómez ran as the first transgender congresswoman candidate affiliated with the former Mexico Posible party.[36]

In 2006, Mexico City legalized same-sex civil unions, the second Latin American jurisdiction to do so after Buenos Aires in 2002. The law allows same-sex couples inheritance and pension rights.[37] The following year, the northern state of Coahuila legalized same-sex civil unions.[38] In 2008, the PRD-controlled Legislative Assembly approved a law allowing transgender people to change their legal gender and name in Mexico City.[39]

In December 2009, Mexico City's Legislative Assembly passed a bill legalizing same-sex marriage and adoption by same-sex couples in the jurisdiction, which became effective in early March 2010.[40][41] In May 2012, a decision by Quintana Roo Secretary of State Luis González Flores[10] allowed for same-sex marriages to be performed in Quintana Roo.[12]

LGBT people in Mexico have organized in a variety of ways: through local organizations, marches, and the development of the Commission to Denounce Hate Crimes. Mexico has a thriving LGBT movement with organizations in various large cities throughout the country and numerous LGBT publications (most prominently in Mexico City, Guadalajara, Monterrey, Tijuana, and Puebla), the majority at the local level (since national efforts often disintegrate before gaining traction).[42]

Anti-discrimination laws

On April 29, 2003, the Federal Congress unanimously passed the "Federal Law to Prevent and Eliminate Discrimination", including sexual preference as a protected category. The law, which went into effect on June 11, 2003, created the National Council to Prevent Discrimination to enforce it.[43] Mexico became the second country in Latin America, after Ecuador, to provide anti-discrimination protection for lesbian, gay, bisexual and transgender people.[43] Article 4 of the law defines discrimination as:

"Every distinction, exclusion or restriction based on ethnic or national origin, sex, age, disability, social or economic status, health, pregnancy, language, religion, opinion, sexual preferences, civil status or any other, that impedes recognition or enjoyment or fights and real equality in terms of opportunities for people."

— Article 4, Federal Law to Prevent and Eliminate Discrimination[43]

Article 9 defines "discriminatory behavior" as:

"Impeding access to public or private education; prohibiting free choice of employment, restricting access, permanency or promotion in employment; denying or restricting information on reproductive rights; denying medical services; impeding participation in civil, political or any other kind of organizations; impeding the exercise of property rights; offending, ridiculing or promoting violence through messages and images displayed in communications media; impeding access to social security and its benefits; impeding access to any public service or private institution providing services to the public; limiting freedom of movement; exploiting or treating in an abusive or degrading way; restricting participation in sports, recreation or cultural activities; incitement to hatred, violence, rejection, ridicule, defamation, slander, persecution or exclusion; promoting or indulging in physical or psychological abuse based on physical appearance or dress, talk, mannerisms or for openly acknowledging one's sexual preferences."

— Article 9, Federal Law to Prevent and Eliminate Discrimination[43]

CONAPRED is an organ of state created by "federal law to prevent and eliminate discrimination", adopted on April 29, 2003, and published in the Diario Oficial de la Federación on June 11. The Council is the leading institution for promoting policies and measures contributing to cultural development and social progress in social inclusion and the right to equality, which is the first fundamental right in the Federal Constitution.[35]

CONAPRED is also responsible for receiving and resolving grievances and complaints of alleged discriminatory acts committed by private individuals or federal authorities in carrying out their duties. CONAPRED also protects citizens with any distinction (or exclusion), based on any aspect mentioned in Article 4 of the federal law.[35] The Council has legal personality, owns property, and is part of the Interior Ministry. Technical and management decisions are independent for its resolutions on claims and complaints.[35]

It is unclear if the anti-discrimination policy applies to the Mexican Armed Forces.[citation needed] The Uniform Code of Military justice does not expressly discriminate on the basis of sexual orientation. Openly gay or bisexual servicemen and women, however, are reportedly often harassed and strongly "encouraged" to resign.[citation needed] The UCMJ does have vague laws against servicemen and women engaging "bad manners" or "immorality", which can be used to unfairly punish or otherwise harass gay or bisexual servicemen and women.[citation needed] When asked, several retired generals stated that the policy, during their tenure, was to strongly encourage them to resign or to use the vague rules against immorality to remove them on bad conduct discharge.[44]

Anti-LGBT violence

Male gay-pride marchers, with signs and rainbow flags
LGBT marchers denouncing hate crimes based on sexual orientation at 2009 LGBT Pride Parade in Mexico City

Same-sex sexual acts are legal in Mexico, but LGBT people have been prosecuted through the use of legal codes that regulate obscene or lurid behavior (atentados a la moral y las buenas costumbres). Over the past twenty years, there have been reports of violence[45] against gay men, including the murders of openly gay men in Mexico City and of transvestites in the southern state of Chiapas. Local activists believe that these cases often remain unsolved, blaming the police for a lack of interest in investigating them and for assuming that gays are somehow responsible for attacks against them.[30]

In mid-2007, Emilio Alvarez Icaza Longoria (chairman of the Human Rights Commission of Mexico City) said he was deeply concerned that Mexico City had the worst record for homophobic hate crimes, with 137 such crimes reported between 1995 and 2005.[46] Journalist and author (Homophobia, Hate, Crime and Justice 1995–2005) Fernando del Collado affirmed that during the decade covered by his book, 387 hate crimes due to homophobia were committed in Mexico (98 percent of which remain unprosecuted).[46]

Del Collado expressed his concern about a lack of prosecution and reported that according to the Citizens Commission Against Hate Crime because of Homophobia (CCCOH), three homosexuals are murdered per month in Mexico.[46] Del Collado indicated that between 1995 and 2005, 126 homosexuals were murdered in Mexico City. Of those, 75 percent were reclaimed by their families. In 10 percent of the cases, families identified the victim but did not reclaim their bodies (which were buried in common graves) and the remaining 5 percent were never identified.[46]

Former assistant attorney for crime victims at the Federal District Attorney General's Office (PGJDF) Barbara Illan Rondero strongly criticized the lack of sensitivity and professionalism on the part of investigators in crimes committed against homosexuals and lesbians:

"I still can't determine if this is due to negligence, lack of preparation or down-right covering up and is a matter that has to do with the intention of not solving these crimes because they carry no weight of importance".[46]

Alejandro Brito Lemus, director of the news supplement Letra S ("Letter S"), claimed that only four percent of gays and lesbians who suffer from discrimination present their complaints to authorities:

"In spite of the gravity of the aggressions suffered, the majority of gays, lesbians and transsexuals prefer to keep silent about what happens and to remain isolated in fear of being attacked again in revealing their sexual orientation".[46]

Political influence

LGBT participation is a part of the long-governing Institutional Revolutionary Party (PRI). Since the triumph of the Liberals under President Benito Juárez in the 1860s and the 1910 Revolution, there has been separation of church and state in Mexico. With morality generally considered the province of the Church, the PRI (which considers itself the party of the Revolution) has generally been reluctant to be seen as implementing the will of the Catholic Church. However, it has also been careful not to offend Catholic moral sensibilities.[47]

In 1998, President Ernesto Zedillo (of the PRI) appointed Pedro Joaquín-Coldwell (an openly-bisexual politician and former governor of Quintana Roo) ambassador to Cuba.[48] Nevertheless, most individual officeholders tend to view LGBT issues as a private matter (to be ignored) or a moral problem (to be opposed). The PRI has allied with the PAN to block legislation concerning LGBT rights in some states (except in two cases). The party unanimously voted in favor of the recognition of same-sex civil unions in Mexico City and Coahuila.[49][50] There was some internal debate within the PRI whether or not the party should have a platform plank on the issue.

The National Action Party (PAN), a rightist party, tends to endorse Roman Catholic Church teachings and oppose LGBT issues on moral grounds. Some PAN mayors have adopted ordinances (or policies) leading to the closing of gay bars or the detention of transvestites (usually on prostitution charges).[47] Many of its leaders have taken public stands describing homosexuality as "abnormal", a "sickness", or a "moral weakness".[47]

In the 2000 presidential elections, PAN candidate (and eventual winner) Vicente Fox used homosexual stereotypes to demean and humiliate his principal opponent (Francisco Labastida). Fox accused Labastida of being a sissy and a mama's boy and nicknamed him Lavestida ("the cross-dressed").[51] When Mexico City and Coahuila legalized same-sex civil unions the chief opposition came from the PAN, former President Vicente Fox and former president Felipe Calderón. Since then the party has opposed similar bills, with the rationale of protecting traditional family values.[52] Nonetheless, PAN officials have insisted that homosexuals have rights as human beings and should in no case be subjected to hatred or physical violence.[47]

Woman with short dark hair, blue lanyard, and black and white blouse speaking at a podium
Patria Jiménez, from the Party of the Democratic Revolution (PRD), became the first openly-lesbian lawmaker in the Federal Congress in 1997.

Participation by sexual minorities is widely accepted in the left-wing Party of the Democratic Revolution (PRD), one of Mexico's three major political parties. Since its creation during the late 1980s, the PRD has supported LGBT rights and has a party program committed to ending discrimination on the basis of sexual diversity.[53] In the 1997 parliamentary elections, Patria Jiménez became the first openly lesbian member of the Federal Congress, and LGBT-rights advocate David Sánchez Camacho was elected to the Legislative Assembly of the Federal District (ALDF).[32]

Two years later, the PRD-controlled Legislative Assembly passed an ordinance banning discrimination based on sexual orientation (the first of its kind in the country).[34] In 2008, a PRD-backed bill concerning gender identity was passed, allowing transgender people to change their gender and sex on official documents.[39] In the 2009 parliamentary elections, of the 38 LGBT candidates presented by several political parties, only Enoé Uranga succeeded:[54] an openly-lesbian politician who, in 2000, promoted the legalization of same-sex civil unions in Mexico City.[55] The bill passed six years later in the PRD-controlled Legislative Assembly, allowing same-sex couples inheritance and pension rights.[37] Similar bills have been proposed by the PRD in at least six states.[56]

In December 2009, Mexico City's PRD-controlled Legislative Assembly passed a bill that would legalize same-sex marriage and adoption by same-sex couples in the jurisdiction. Eight days later, after congressional approval, PRD Head of Government ("Mayor") Marcelo Ebrard signed the same-sex marriage bill into law; it went into effect in early March 2010.[40][41]

Other leftist, smaller parties are Convergence and the Labor Party (PT). Both have supported the LGBT community and PRD-proposed bills regarding LGBT rights.[57]

The defunct Social Democratic Party (PSD), a minor progressive party, was noted for its support of the LGBT community. In the 2006 presidential elections Patricia Mercado, the first woman presidential candidate, was the only candidate openly supporting same-sex marriage.[58] In the 2009 parliamentary elections, the party nominated 32 LGBT candidates (out of a total of 38 presented by other parties) for seats in the Federal Congress.[54]

In the municipality of Guadalajara, the second-largest city of Mexico, Miguel Galán became the first openly gay politician to run for mayor in the country.[55] During his campaign Galán was a target of homophobic comments, notably by Green Party rival Gamaliel Ramírez (who, on a radio show, joked about homosexuals and referred to the PSD as "a dirty party of degenerates"). Ramírez also called homosexual practices "abnormal" and said they should be outlawed. The following day, Ramírez issued a written apology after his party condemned his comments.[59] Despite losing the election, Galán received 7,122 votes (the most for any openly gay politician in Mexico).[54]

LGBT speech laws

Mexico's Supreme Court ruled in 2013 that two anti-gay words, "puñal" and "maricones", are not protected as freedom of expression under the constitution, allowing people offended by the terms to sue for moral damages.[60]

Civil unions and same-sex marriage

Main article: Recognition of same-sex unions in Mexico
State recognition of same-sex relationships in North America & Hawaii.1
  Same-sex marriage
  Other type of partnership
  Same-sex marriages recognized, but not performed
  Binding judicial ruling against a ban on same-sex marriage2
  Binding judicial ruling against a ban on recognizing out-of-state same-sex marriages
  Same-sex marriage banned2
1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
2Some states in these categories also have a binding judicial rulings against bans on unions similar to marriage or ban unions similar to marriage.

The United Mexican States is a federation composed of thirty-one states and a federal district, also known as Mexico City. Although a federal civil code exists, each state has its own code that regulates concubinage and marriage. Same-sex civil unions and same-sex marriages are not recognized at the federal level. Some states, however, have considered legislation on these issues.[61]

In November 2013, Fernado Mayans, senator for the state of Tabasco and representing the Democratic Revolution Party, presented a proposal of changes to the Federal Civil Code in which marriage would be defined as "the free union of two people".[61] The proposal was turned over to the Justice, Legal Studies and Human Rights commissions in the senate to be further studied [62]

A provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it. This means that if 5 injunctions ("amparo" in Spanish) are won in a state, the law has to be changed so that marriage becomes legal for all same sex adult couples. It is also important to notice that a same sex marriage performed in any state is valid in all of the other states in Mexico, even if any particular state has no laws that allow it, according to federal law.

On 14 June 2015, the Supreme Court of Justice declared it unconstitutional to deny marriage licenses to same-sex couples in all states. This does not legalize same-sex marriages nationwide, but in turn means that whenever a state government has an injunction taken out by a couple looking to get marital recognition, they will have to grant it and consider legalization when a certain number of injunctions is fulfilled [63]

Mexico City

Further information: Same-sex marriage in Mexico City

In 2000, Enoé Uranga, an openly lesbian politician and activist, proposed a bill legalizing same-sex civil unions in Mexico City under the name Ley de Sociedades de Convivencia (LSC, or "Law for Coexistence Partnerships").[55] The bill recognized the inheritance and pension rights of two adults, regardless of sexual orientation. Because of widespread opposition from right-wing groups and Mayor Andrés Manuel López Obrador's ambiguity concerning the bill, the Legislative Assembly decided not to consider it.[50]

As new leftist mayor Marcelo Ebrard was expected to take power in December 2006, the Legislative Assembly voted 43-17 to approve the LSC.[50] The law took effect on March 16, 2007.

On November 24, 2009, assemblyman David Razú, a member of the Partido de la Revolución Democrática, proposed a bill that would legalize same-sex marriage in Mexico City.[64] The bill was backed by the Human Rights Commission of Mexico City and over 600 non-governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Amnesty International, and the AIDS Healthcare Foundation.[65][66] The National Action Party (PAN) announced it would either appeal the law in court or demand a referendum.[67][68]

The referendum proposal was rejected by the Legislative Assembly on a 36–22 vote on December 18, 2009.[69] On 21 December 2009, the Legislative Assembly passed the bill by a vote of 39–20 with five abstentions.[70] Eight days later, Mayor Marcelo Ebrard signed the bill.[citation needed] It took effect on March 4, 2010. The law changed the definition of marriage in the city's civil code to "a free union between two people". It also granted same-sex couples the right to adopt children.[71]

In February 2010, the Supreme Court rejected constitutional challenges by six states to the Mexico City law. The federal attorney general, however, had separately challenged the law as unconstitutional, citing an article in the Constitution of Mexico that refers to "protecting the family".[72] Five months later, the Supreme Court ruled 9–2 that the law did not violate the Constitution.[73]

Colima

For the first time in the municipality of Cuauhtémoc in Colima, two people of the same sex were united in marriage. The vows were given on February 27, 2013, under the legal assessment granting the determination to assign based on the Constitution, International Treaties, and Law that prevents, combats, and eliminates discrimination in the State of Colima,[74] In July 2013, the state congress approved a constitutional amendment authorizing same-sex couples to legally formalize their unions by entering into marital bonds with the "same rights and obligations with respect to the contracting of civil marriage".[75]

Coahuila

On January 11, 2007, the Congress of the northern state of Coahuila legalized same-sex civil unions (by a 20–13 vote) under the name Pacto Civil de Solidaridad ("Civil Pact of Solidarity"; PCS), giving property and inheritance rights to same-sex couples.[49] The PCS was proposed by congresswoman Julieta López of the centrist PRI, whose nineteen members voted for the law.[49][76] Luis Alberto Mendoza, deputy of the center-right PAN (which opposed), said the new law was an "attack against the family, which is society's natural group and is formed by a man and a woman".[49] Apart from that, the PCS drew little opposition and was (notably) supported by Bishop Raúl Vera.[76] Unlike Mexico City's law, once same-sex couples have registered in Coahuila the state protects their rights (no matter where they live in Mexico).[76] Twenty days after the law passed, the country's first same-sex civil union took place in Saltillo, Coahuila.[76]

Oaxaca

Mexico's Supreme Court ruled in December 2012 that Oaxaca's marriage law was unconstitutional because it limited the ceremony to a man and a woman with the goal to "perpetuate the species".[77] In 2013 a lesbian couple became the first same-sex couple to marry after this ruling.[77]

Quintana Roo

The Civil Code of Quintana Roo does not state sex or gender requirements for marriage, only specifying "people interested in getting married".[9] A same-sex couple filed for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a man-woman marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkin on November 28, 2011.[78]

Cancún, Cozumel, and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012, but these weddings were suspended upon review by Luis González Flores,[10] the Secretary of State of Quintana Roo.[11][79] In April 2012, the two same-sex marriages performed in Kantunilkin were annulled by Quintana Roo Governor Roberto Borge Angulo,[10] but these annulments were later reversed by González Flores in a decision that allowed for future same-sex marriages to be performed in the state.[12]

Jalisco

A female same-sex couple was able to become the first same-sex couple to marry in Jalisco.[80]

Veracruz

Held at the Civil Registry of the municipality of Veracruz, Jahir Olivares Dario Garcia and Victor Manuel García were legally joined in marriage. Dec, 2014[81]

Other states

LSC bills have been unsuccessfully proposed by the PRD in at least six states: Colima, Guerrero, Jalisco, Michoacán, Puebla and Veracruz.[56] After Mexico City legalized same-sex marriage and adoption by same-sex couples in December 2009, debate resumed in states where civil unions had been previously proposed. In February 2013, the state of Colima started to give marriage licenses to same-sex couples, citing the state constitution, which prohibits discrimination due to sexual preference and the Supreme Court of Mexico's ruling which struck down Oaxaca state's gay marriage ban.[14]

Discrimination and pride

Go-go dancers in costume at gay-pride parade
Go-go dancers at 2009 LGBT Pride Parade in Mexico City.

According to the first National Poll on Discrimination (2005) in Mexico (conducted by the CONAPRED), 48 percent of the Mexican people interviewed indicated that they would not permit a homosexual to live in their house.[46] 95 percent of gays interviewed indicated that in Mexico there was discrimination against them; four out of ten declared they were a victim of exclusionary acts; more than half said they felt rejected, and six out of ten felt their worst enemy was society.[46]

LGBT social life thrives in the country's largest cities and resorts. The center of the Mexico City LGBT community is the Zona Rosa, where over 50 gay bars and dance clubs exist.[82] Surrounding the nation's capital, there is a substantial LGBT culture in the State of Mexico[83] (although some observers claim that gay life is more developed in Mexico's second-largest city, Guadalajara).[31]

Other centers include border city Tijuana,[84] northern city Monterrey,[85] central cities Puebla[86] and León,[87] and major port city Veracruz.[88] The popularity of gay tourism (especially in Puerto Vallarta, Cancún, and elsewhere) has also drawn national attention to the presence of homosexuality in Mexico.[89] Among young, urban heterosexuals, it has become popular to attend gay dance clubs and to have openly gay friends.[89]

In 1979, the country's first LGBT Pride Parade (also known as the LGBT Pride March) was held in Mexico City and was attended by over 1,000 people.[90] Ever since, the parade has been held each June with different themes. It aims to bring visibility to sexual minorities, raise consciousness about AIDS and HIV, denounce homophobia, and demand the creation of public policies such as the recognition of same-sex civil unions, same-sex marriages, and the legalization of LGBT adoption.[91] According to organizers, the XXXI LGBT Pride Parade in 2009 was attended by over 350,000 people (100,000 more than its predecessor).[92]

In 2003, the first Lesbian Pride March was held in the nation's capital.[93] In Guadalajara, well-attended LGBT Pride Parades have also been held each June since 1996.[94] Consecutive LGBT Pride Parades have been held in Monterrey,[95] Tijuana,[96] Puebla,[97] Veracruz,[95] Xalapa,[98] Cuernavaca,[99] Tuxtla Gutiérrez,[100] Acapulco,[101] Chilpancingo,[95] and Mérida.[94]

HIV and AIDS

Main article: HIV/AIDS in Mexico
Red loop-and-cross HIV/AIDS ribbon

The first AIDS case in Mexico was diagnosed in 1983.[102] Based on retrospective analyses and other public-health investigative techniques, HIV in Mexico may be traced back to 1981.[103] LGBT groups were instrumental in initiating programs to combat AIDS—a shift in focus which curtailed (at least temporarily) an emphasis on gay organizing.[30]

The National Center for the Prevention and Control of HIV/AIDS (CENSIDA) is a program promoting prevention and control of the AIDS pandemic with public policies, promotion of sexual health, and other evidence-based strategies. It aims to diminish the transmission of the Human Immunodeficiency Virus and sexually transmitted diseases and to improve the quality of life of affected people (within a framework of the common good).[104] CENSIDA has been active since 1988 and collaborates with other government agencies and non-governmental organizations (including those for persons living with HIV/AIDS).[105]

According to a 2011 estimate, 0.2 percent of persons aged 15–49 were HIV-positive, which along with Cuba and Nicaragua was the lowest rate in Latin America and the Caribbean.[106] In absolute numbers, an estimated 180,000 people in Mexico were living with HIV in 2011, the second-largest affected population in the region after Brazil.[106] According to CENSIDA, as of 2009 over 220,000 adults are HIV-positive; 60 percent are men who have sex with men, 23 percent are heterosexual women and 6 percent are commercial sex workers' clients (mainly heterosexuals).[107] Over 90 percent of the reported cases were the result of sexual transmission.[108]

The spread of HIV in Mexico is exacerbated by stigma and discrimination, which act as a barrier to prevention, testing and treatment. Stigmatization occurs within families, in health services, with the police, and in the workplace.[105] A study conducted by Infante-Xibille in 2004 of 373 health care providers in three Mexican states described discrimination within the health services. Testing was conducted only with perceived high-risk groups (often without informed consent), and AIDS patients were often isolated.[105]

A 2005 five-city participatory community assessment by Colectivo Sol (a non-governmental organization) found that some HIV hospital patients had a sign over their beds stating they were HIV-positive. In León, Guanajuato, researchers found that 7 out of 10 people in the study had lost their jobs because of their HIV status. The same study also documented evidence of discrimination that men who have sex with men experienced within their families.[105]

In August 2008, Mexico hosted the 17th International AIDS Conference, a meeting that contributed to overcoming stigmas and highlighting the achievements in the struggle against the illness.[109] In late 2009, Health Secretary José Ángel Córdova said in a statement that Mexico had met the United Nations Millennium Development Goal concerning HIV/AIDS (which demands that countries begin to reduce the spread of HIV/AIDS before 2015). The HIV infection rate then was 0.4 percent, below the 0.6 percent target set by the World Health Organization for Mexico.[109]

About 70 percent of people requesting treatment for HIV/AIDS arrive without symptoms of the disease, which increases life expectancy by at least 25 years.[109] Treatment for HIV/AIDS in Mexico is free, and is offered at 57 specialized clinics to 30,000 (of 60,000) people living with HIV.[109] The Mexican government spends about $2 billion MXN (US $151.9 million) each year fighting the disease.[109]

Summary table

Same-sex sexual acts legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment Yes
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes
Same-sex marriage(s)[note 1] Yes/No
Recognition of same-sex couples[note 2] Yes
Step-child adoption by same-sex couples[note 3] Yes/No
Joint adoption by same-sex couples[note 4] Yes/No
Gays allowed to serve in the military[note 5] Yes/No
Right to change legal gender[note 6] Yes/No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes
  1. ^ Performed only in Mexico City, Quintana Roo, Coahuila, Chihuahua and Guerrero, but recognized throughout the entire country.
  2. ^ All states are obliged to honour same-sex marriages performed in Mexico.
  3. ^ Legal in Mexico City and Coahuila only.
  4. ^ Legal in Mexico City and Coahuila only.
  5. ^ No explicit ban. However, LGB persons have been reportedly discharged on the grounds of "immorality."[citation needed]
  6. ^ Legal in Mexico City only.

See also

General:

Footnotes

  1. ^ "Mexico City Gay Pride/Orgullo LGBT Mexico City", Gaypedia
  2. ^ "Mexico: Mexico City Amends Civil Code to Include Transgender Rights", International Gay & Lesbian Human Rights Commission, 15 June 2004
  3. ^ "The Violations of the Rights of Lesbian, Gay, Bisexual and Transgender Persons in Mexico: A Shadow Report", submitted to the United Nations Human Rights Committee by The International Human Rights Clinic, Human Rights Program of Harvard Law School; Global Rights; and the International Gay and Lesbian Human Rights Commission, March 2010, footnote 77, page 13
  4. ^ "Mexican State of Coahuila Legalizes Same-Sex Unions", Towleroad, 12 January 2007
  5. ^ "Lesbian couple registers as Mexico's first same-sex civil union", The Advocate, 2 February 2007
  6. ^ G. Partida, Juan Carlos (23 March 2009). "Miguel Galán: la preferencia sexual como bandera política". La Jornada (in Spanish). Desarrollo de Medios, S.A. de C.V.
  7. ^ "We do: Mexico City blazes trail with legalisation of same-sex marriage", The Guardian, reported by Rory Carroll, 22 December 2009
  8. ^ "Mexico City law allowing same-sex unions takes effect", CNN World, 4 March 2010
  9. ^ a b c d e Santana, Rosa (17 April 2012). "Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico". Proceso (in Spanish). Comunicación e Información, S.A. de C.V. Retrieved 18 April 2012.
  10. ^ a b "Gay Marriage In Cancun, Mexico Suspended". On Top Magazine. 12 January 2012. Retrieved 14 January 2012.
  11. ^ a b c Varillas, Adriana (5 June 2012). "Matrimonio gay celebra su unión en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Retrieved 11 June 2012.
  12. ^ "Corte abre puerta para matrimonios gay en el país", Proceso, 5 December 2012
  13. ^ a b "Mexico: First Gay Wedding Held in Colima", Gay Marriage Watch, 23 March 2013
  14. ^ "First gay marriage celebrated in Oaxaca following Supreme Court's December ruling", Justice in Mexico Project, 8 May 2013
  15. ^ "Oaxaca celebra su primera boda gay tras fallo de SCJN", Terra, 28 March 2013
  16. ^ [1][dead link‍]
  17. ^ "Avanza matrimonio igualitario en Yucatán", Vanguardia, 3 Julio 2013
  18. ^ "Pareja gay le gana a las leyes en Yucatán y se podrá casar", La Verdad, 3 Julio 2013
  19. ^ http://www.buzzfeed.com/lesterfeder/first-same-sex-couple-to-marry-in-mexicos-yucatan-state
  20. ^ "Legalizan bodas gays en Campeche". SDP Noticias. 23 December 2013. Retrieved 5 April 2014.
  21. ^ http://www.milenio.com/region/Congreso_de_Coahuila-adopcion_gay-PAN_contra_adopcion_gay_0_243576136.html
  22. ^ . Presidencia de México http://www.presidencia.gob.mx/decreto-por-el-que-se-declara-17-de-mayo-dia-nacional-de-la-lucha-contra-la-homofobia/. Retrieved 14 May 2014. {{cite web}}: Missing or empty |title= (help)
  23. ^ http://www.excelsior.com.mx/nacional/2014/09/01/979406
  24. ^ "Mexico effectively legalizes same-sex marriage", The Independent, 15 June 2015
  25. ^ Mexico state of Chihuahua officially approves same-sex marriage, 12 June 2015
  26. ^ Mexican state to allow same-sex marriage, 12 June 2015
  27. ^ Cite error: The named reference hello was invoked but never defined (see the help page).
  28. ^ "Se casan 20 parejas en boda colectiva de personas del mismo sexo en Guerrero" (in Spanish). Acapulco, Mexico: El Sur. 11 July 2015. Retrieved 11 July 2015.
  29. ^ a b c d e f g Herrick and Stuart, p. 144.
  30. ^ a b Dynes, Johansson, Percy and Donaldson, p. 807.
  31. ^ a b Reding, p. 26.
  32. ^ Padilla, p. 207.
  33. ^ a b Reding, p. 27.
  34. ^ a b c d CONAPRED, official website.
  35. ^ Maggie Van Ostrand (1 July 2005). "The shrewdness of Mexican women". Mex Connect. Retrieved 27 November 2009.
  36. ^ a b "Mexico City passes gay union law". BBC News. 10 November 2009. Retrieved 27 November 2009.
  37. ^ Juan Montano (31 January 2007). "Lesbians Register Mexico's 1st Gay Union". The Washington Post. Retrieved 27 November 2009.
  38. ^ a b International Lesbian and Gay Association (ILGA) Trans (29 August 2008). "Mexico City extends official rights to transgender individuals". Retrieved 27 November 2009.
  39. ^ a b Tracy Wilkinson (29 December 2009). "Gay marriage closer to reality in Mexico". Los Angeles Times. Retrieved 30 December 2009.
  40. ^ Padilla, p. 208.
  41. ^ a b c d International Gay and Lesbian Human Rights Commission (23 April 2003). "Mexico protects its gay and lesbian citizens with new law". Retrieved 27 November 2009.
  42. ^ [2][dead link‍]
  43. ^ [3]
  44. ^ a b c d e f g h "Special Report on Homophobia and Hate Crimes". Human Rights Commission of Mexico City. 27 July 2007. Retrieved 2 December 2009.
  45. ^ a b c d Andrew Reding (April 1998). "Mexico: Treatment of Homosexuals". University of Minnesota. Retrieved 27 November 2009.
  46. ^ Reding, p. 25.
  47. ^ a b c d "Mexican state approves gay civil unions". Mail & Guardian Online. 13 January 2007. Retrieved 27 November 2009.
  48. ^ a b c Erich Adolfo Moncada Cota (19 November 2006). "Mexico City Approves Same Sex Unions". Retrieved 27 November 2009.
  49. ^ Coerver, Pasztor and Buffington, p. 201.
  50. ^ "Mexico City OKs law recognizing gay unions". MSNBC. 9 November 2006. Retrieved 27 November 2009.
  51. ^ "National Committee of Sexual Diversity" (in Spanish). Retrieved 27 November 2009.
  52. ^ a b c Gernaro Lozano (1 August 2009). "¿Dónde quedó el voto gay?" (in Spanish). El Universal. Retrieved 27 November 2009.
  53. ^ a b c Latin American Herald Tribune (16 March 2009). "First Openly Gay Mayoral Candidate Runs in Mexico". Retrieved 27 November 2009.
  54. ^ a b Christine Delsol (26 November 2008). "Mexico's top destinations for gay vacations". San Francisco Gate. Retrieved 27 November 2009.
  55. ^ Rachel Evans (21 May 2009). ""The only fight we lose is the one we abandon": Mexico's first openly lesbian MP on LGBTI rights and people's power". Links International Journal of Socialist Renewal. Retrieved 27 November 2009.
  56. ^ Monica Campbell (29 June 2006). "The Mexican woman running for president". San Francisco Gate. Retrieved 27 November 2009.
  57. ^ Guadalajara Reporter (16 May 2009). "Green Party rival crossed the line, says gay candidate". Retrieved 27 November 2009.
  58. ^ "Mexico's top court says anti-gay terms are hate speech not protected by freedom of expression", The Washington Post, reported by the Associated Press, 7 March 2013
  59. ^ a b "Senadores proponen legalizar el matrimonio gay en todo México". Mexico.cnn.com. 14 November 2013. Retrieved 5 April 2014.
  60. ^ "Propone Fernando Mayans Canabal reconocer el matrimonio sin distinciĂłn de preferencia sexual". Comunicacion.senado.gob.mx. 20 November 2013. Retrieved 5 April 2014.
  61. ^ "Mexico's Supreme Court Effectively Legalizes Same-Sex Marriage Nationwide". glbtq.com. 14 June 2015. Retrieved 15 June 2015.
  62. ^ Latin American Herald Tribune (24 November 2009). "Mexico City Lawmakers to Consider Gay Marriage". Retrieved 15 December 2009.
  63. ^ Mónica Archundia (25 November 2009). "Proyecto de matrimonio gay "divorcia" a la ALDF" (in Spanish). El Universal. Retrieved 15 December 2009.
  64. ^ Anodis (11 December 2009). "Preparan dictamen de matrimonio entre personas del mismo sexo" (in Spanish). Retrieved 15 December 2009.
  65. ^ Horacio Jiménez y Ella Grajeda (16 December 2009). "PAN amaga con impedir bodas gay" (in Spanish). El Universal. Retrieved 16 December 2009.
  66. ^ Notimex (15 December 2009). "Recurrirá PAN a Corte de legalizarse 'matrimonio' entre homosexuales" (in Spanish). Yahoo! México. Retrieved 16 December 2009. [dead link‍]
  67. ^ Rocío González Alvarado (18 December 2009). "Rechaza ALDF referéndum para bodas gay" (in Spanish). La Jornada. Retrieved 18 December 2009.
  68. ^ "Mexico City backs gay marriage in Latin American first", BBC News, 21 December 2009
  69. ^ "Mexico City moves to legalize same-sex marriage", Los Angeles Times, reported by Tracy Wilkinson, 22 December 2009
  70. ^ John Holman (4 March 2010). "Anger at Mexico's gay marriage law". Al Jazeera. Retrieved 6 March 2010.
  71. ^ "Mexico court upholds gay marriage law", Reuters, 5 August 2010
  72. ^ Colima Digital
  73. ^ "Colima avala 'enlace conyugal' entre parejas gay", El Universal, reported by Alfredo Quiles, 4 July 2013
  74. ^ a b c d S. Lynne Walker (5 March 2007). "New law propels gay rights in Mexico". Mail & Guardian Online. Retrieved 27 November 2009. Cite error: The named reference "Coahuila PCS" was defined multiple times with different content (see the help page).
  75. ^ a b "Lesbian couple weds in Oaxaca after Mexico's high court ruling". Sdgln.com. 30 March 2013. Retrieved 5 April 2014.
  76. ^ Brisa Muñoz (30 November 2011). "Sin hacer una reforma legal, Quintana Roo realiza sus primeras bodas gay" (in Spanish). CNN México. Retrieved 2 January 2012.
  77. ^ Brisa Muñoz (2 December 2011). "Dos matrimonios homosexuales se casaron en un municipio conservador" (in Spanish). CNN México. Retrieved 2 January 2012.
  78. ^ Garcia, Michelle (15 December 2013). "Lesbian Couple First to Marry in Mexican State". Advocate.com. Retrieved 5 April 2014.
  79. ^ http://www.demotix.com/news/6425713/first-official-gay-wedding-held-veracruz-mexico#media-6425702
  80. ^ "Mexico City" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  81. ^ "State of Mexico" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  82. ^ "Tijuana, Baja California" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  83. ^ "Monterrey, Nuevo León" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  84. ^ "Puebla, Puebla" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  85. ^ "León, Guanajuato" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  86. ^ "Veracruz, Veracruz" (in Spanish). Antros Gay. Retrieved 2 December 2009.
  87. ^ a b Herrick and Stuart, p. 145.
  88. ^ González, p. 92.
  89. ^ Jiménez, De la Garza and Glockner, p. 10.
  90. ^ "Festeja la Ciudad de México el Orgullo Gay" (in Spanish). Anodis. 22 June 2009. Retrieved 2 December 2009.
  91. ^ Jiménez, De la Garza and Glockner, p. 20.
  92. ^ a b Jiménez, De la Garza and Glockner, p. 19.
  93. ^ a b c González, p. 94.
  94. ^ "Se tiñe Tijuana de arco iris con el Orgullo Gay" (in Spanish). Anodis. 23 June 2009. Retrieved 2 December 2009.
  95. ^ "Convocan a juntas para la 8 Marcha del Orgullo LGBT en Puebla" (in Spanish). Anodis. 2 March 2009. Retrieved 2 December 2009.
  96. ^ "Reúne a 200 personas marcha gay en Xalapa, Veracruz" (in Spanish). Anodis. 9 February 2009. Retrieved 2 December 2009.
  97. ^ Francisco Iglesias (31 August 2009). "Copian gays en Cuernavaca vicios de la marcha gay en el DF" (in Spanish). NotiGay. Retrieved 2 December 2009.
  98. ^ Jiménez, De la Garza and Glockner, p. 16.
  99. ^ José Juan Delgado Alemán (1 August 2009). "Euforia durante primera marcha gay en Acapulco" (in Spanish). Milenio. Retrieved 2 December 2009. [dead link‍]
  100. ^ Jiménez, De la Garza and Glockner, p. 13.
  101. ^ Jiménez, De la Garza and Glockner, p. 12.
  102. ^ CENSIDA, official website.
  103. ^ a b c d United States Agency for International Development (September 2008). "HIV/AIDS health profile" (PDF). Retrieved 4 December 2009.
  104. ^ a b "UNAIDS Report on the Global AIDS Epidemic 2012" (PDF). Retrieved 13 May 2013.
  105. ^ CENSIDA, p. 11.
  106. ^ CENSIDA, p. 13.
  107. ^ a b c d e "Mexico Meets HIV-AIDS Millennium Development Goals". Latin American Herald Tribune. 3 December 2009. Retrieved 4 December 2009.

References

Wikimedia Commons has media related to LGBT in Mexico.

Informative

Other

  • Gay Mexico — online dating BBS.
  • Gay Mexico — gay online magazine.
  • Antros Gay — list of gay bars and clubs in Mexico.
  • MexGay — information about gay-friendly tourist destinations in Mexico.
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