Mexican Supreme Court rules for marriage equality

Thu, 06 Dec 2012 00:03:00 +0000

In a unanimous ruling Wednesday, the Supreme Court of Mexico has paved the way for same-sex couples to marry in every one of the country’s 31 states before the U.S. has federal marriage equality.

Gay marriage has been legal in the Federal District, Mexico City, since 2010, and the Supreme Court had previously ruled that those marriages must be recognized nationwide. Wednesday’s ruling struck down a law in the southern state of Oaxaca that denied same-sex couples the right to marry there.

The ruling could have repercussions beyond Mexico’s borders. The couples seeking to marry in the Oaxaca case based their claims partly on protections in the American Convention on Human Rights, which has legal force in many Latin American countries. In saying that bans on same-sex marriage are discriminatory, the court may establish a precedent that could be used by LGBT activists throughout the region.

This comes before the U.S. Supreme Court has even decided whether it will hear a gay marriage case.

This Oaxaca case, which has broad implications, had an unlikely beginning. It was initiated by a Oaxacan law student, Alex Alí Méndez Díaz, who brought suits on behalf of a handful of couples even though other LGBT activists in his state warned that they were doomed to fail.

Salon.com > J. Lester Feder

Mexican Supreme Court rules for marriage equality