In Mexico, equal marriage is defined as the union of two people to make a community of life, in this union backed by the Civil Code of each State, the couple acquires benefits and obligations that the civil union does not have such as adoption.
Achieving recognition of equal marriage has not been an easy task. Activists, civil organizations and the LGBT + community have boosted their approval, State by State and these have been the results:
In 2009, Mexico City was not considered a State and for this reason it had the first legislature that modified the Civil Code, changing the concept of marriage between a man and a woman to: “union of two people”.
The Civil Code of Quintana Roo does not specify that the union must be between a man and a woman, and between 2011 and 2012 the local government recognized that there are no legal obstacles to prohibit same sex marriage.
Back in 2016, Mexico’s ex-president Enrique Peña Nieto sent to the Congress a law initiative to reform the Constitution to recognize the right to marriage without being discriminated because of a different sexual preference, it was left just as an initiative but it was thanks to the work and the pressure of the community and organizations in favor of LGBT+ rights that the following states started joining the reform.
Coahuila (2014) Colima (2016) Campeche (2016) Michoacán (2016) Morelos (2019) Nayarit (2015) Hidalgo (2019) San Luis Potosí (2019) Baja California Sur (2019) Jalisco (where the Court ordered it in 2016, however, organizations have reported that it has not been respected) Chiapas (2017) Puebla (2017) Nuevo León (2019) Aguascalientes (2019) Oaxaca (just a few days ago) the most recent and whose Civil Code has not been modified, but some offices of the Civil Registry allow marriages thanks to the resolution of the SCJN.
States in which same-sex marriage has not yet been approved
The states of Durango, Guanajuato, State of Mexico, Sinaloa, Sonora, Tabasco, Tlaxcala, Veracruz, Yucatan, Zacatecas and Tamaulipas have not advanced in the legislation and for a same-sex couple to marry here, it is necessary to present legal protection. In the case of Tamaulipas, the local Congress had to session on the opinion of the SCJN, but this has not happened. In Chihuahua, equal marriages have been made thanks to a regulatory gap, since only marriage for heterosexual couples is stipulated for the purpose of procreation, however, legislators and activists seek to reform its Civil Code.