The court ruled on behalf of three same-sex couple seeking to marry in the southern state of Oaxaca. The court had already ruled in 2010 that gay marriages performed under a Mexico City ordinance had to be recognized nationwide. With this precedent, the remaining bans on gay marriage in most Mexican states could quickly fall.
This ruling does not immediately eliminate marriage statutes limiting unions to a man and a woman—the Mexican Supreme Court doesn’t have the power to strike down state laws like that en mass as the United States Supreme Court does. But the lawyer who brought the case, Alex Alí Méndez Díaz, said before the ruling that victory would mean the beginning of the end for bans on same-sex marriage.
The court’s ruling that the ban on same-sex marriage is unconstitutionally discriminatory is partly based on a February ruling from the Inter-American Court of Human Rights that governments can’t discriminate on the basis of sexual orientation, Karen Atala Riffo y Niñas v. Chile.
Wednesday, December 5, 2012
Mexican Supreme Court strikes down ban on same-sex marriage
In what activists are hailing as a landmark ruling, today the Mexican Supreme Court struck down the ban on same-sex marriage:
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