Same-sex marriage in Morelos

The Supreme Court of Justice of the Nation ruled on 12 June 2015 that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. Specifically, the court ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states:

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.^[a]

On 28 August 2013, a same-sex couple, José Almanza Luna and Heriberto Álvarez López, filed an amparo seeking the right to marry.^[2] The amparo was granted by a judge of the Second District Court in January 2014, who ordered the civil registry office in Xochitepec to process the marriage application. The couple married on 17 May 2014.^[3] In January 2014, another same-sex couple began the process and in July were granted permission to marry.^[4] After losing an appeal,^[5] the registrar performed the marriage ceremony in Ciudad Ayala on 6 September 2014.^[6] Marquez Edgar Ortega, director of Attention to Sexual Diversity (Atención a la Diversidad Sexual), announced at the wedding that six more amparos for same-sex marriage rights had been requested in Morelos.^[7] On 29 October 2014, a lesbian couple from Cuernavaca were granted the right to divorce, after a court recognized their marriage.^[8][9]

Bills to legalize same-sex marriage and adoption by same-sex couples in Morelos were first proposed by the Labor Party (PT) in January 2010.^[10] The proposal was opposed by the conservative National Action Party (PAN), and rejected in February 2010.^[11] A subsequent proposal was also rejected in March 2013.^[12] The Party of the Democratic Revolution (PRD) announced in July 2014 that a vote on a measure to legalize same-sex marriage would occur in September 2014.^[13] On 19 September 2014, civil society organizations, including the Sexual Diversity March in Morelos (Marcha de la Diversidad Sexual en Morelos), launched impeachment procedures against members of the Committee on Constitutional Issues for failing to debate the same-sex marriage legislation. The impeachment filing noted that the same-sex marriage bill had been in committee for 20 months, even though the committee is legally required to submit its recommendations to Congress within 60 days.^[14][15]

On 27 July 2015, Governor Graco Ramírez introduced legislation to Congress to legalize same-sex marriages.^[16][17] The proposal sought to reform Article 120 of the Constitution of Morelos and articles 22, 65 and 68 of the Family Code to bring them in line with jurisprudence set by the Supreme Court on 12 June 2015, when it ruled that bans on same-sex marriage are unconstitutional nationwide.^[18]

On 18 May 2016, the Congress of Morelos voted 20 to 6 to approve the constitutional change to legalize same-sex marriage. Governor Ramírez welcomed the approval of the bill.^[19][20] Ratification by at least 17 of the state's 33 municipalities was required for the constitutional amendment to take effect.^[21] The municipalities had until 25 June 2016 to act on the proposed change.^[22] If they failed to act by that date, they were deemed to have consented to the amendment under the principle of "constructive assent" (afirmativa ficta).^[23] At the end of the process, a total of 17 municipalities had ratified the constitutional change and 15 had voted against ratification, while 1 municipality was awarded an extra week, although the clear majority being in favor meant that same-sex marriage would become legal in the state.^[24][25] The municipalities that voted in favor of the reform were Cuautla, Emiliano Zapata, Huitzilac, Jantetelco, Jiutepec, Puente de Ixtla, Temixco, Tetecala, Tlaquiltenango, Totolapan, Yautepec de Zaragoza and Yecapixtla. Additionally, the municipalities of Axochiapan, Cuernavaca, Mazatepec, Tepalcingo and Tlayacapan did not vote and were therefore deemed to have assented to the amendment.^[26] The law was promulgated and published in the state's official gazette on 4 July 2016.^[27] It took effect on 5 July.^[28] The state adoption agency clarified that the law allows same-sex couples to adopt jointly as the adoption process is open to all spouses in Morelos.^[29] Article 120 of the Constitution of Morelos now reads: Marriage is the voluntary union of two people, with equal rights and obligations, with the purpose of building a shared life and helping one another.^[b]

On 29 August 2016, 17 municipalities filed a constitutional challenge with the Supreme Court seeking to overturn the same-sex marriage reform. They argued that the Congress of Morelos had "acted illegally" when it validated the amendment. Officials in 2 municipalities (Mazatepec and Tepalcingo) stated that their positions had been treated as "constructive assent", even though they had reportedly voted against the reform.^[31] The Supreme Court dismissed the challenge on 8 September 2016.^[32]

The following table shows the number of same-sex marriages performed in Morelos since legalization in 2016 as reported by the National Institute of Statistics and Geography.^[33]

A 2017 opinion poll conducted by the Strategic Communication Office (Gabinete de Comunicación Estratégica) found that 51% of Morelos residents supported same-sex marriage, while 45% were opposed.^[34] According to a 2018 survey by the National Institute of Statistics and Geography, 38.5% of the Morelos public opposed same-sex marriage.^[35]