Following a ruling upholding the constitutionality of the marriage equality bill passed in Mexico City in 2009, Mexico’s Supreme Court ruled today that the same-sex marriages performed in Mexico City must be recognized by all 31 of Mexico’s states. After the first gay marriage ruling last week, opponents of marriage equality (largely backed by the Catholic Church) argued that forcing Mexico’s 31 states to recognize same-sex marriages performed in the capital would violate the “sovereignty” of the states. The Supreme Court has rejected this argument, choosing instead to advance equality for all Mexicans, regardless of sexual orientation.
The ruling was 9-2, and it was based on an article in the Mexican constitution requiring states to recognize legal contracts drawn up elsewhere in Mexico.
Of course, this is not marriage equality – it’s only a step in that direction. The ruling does not require Mexico’s 31 states to begin allowing same-sex marriages, nor does it specify how many of the rights and benefits (which include adoption) conferred by the Mexico City law to gay and lesbian Mexicans must be recognized by the states. The ruling simply requires that the 31 states that comprise the federation of Mexico recognize the marriages of gay and lesbian residents of Mexico City as legitimate.
In fact, based on everything I’ve read, it appears that the Supreme Court has not even decided yet on the constitutionality of gay adoption. Discussions are being held this week, and a ruling should come soon. Gay adoption is a central issue in this legal fight, and defeating it is very important to the anti-gay bigots. While the outlook looks good (if the other pro-equality rulings are any indication), one Justice – Sergio Aguirre – argued today that gay adoption is unconstitutional and may result in children suffering discrimination. This is what gay and lesbian Mexicans are up against, but based on the rulings so far (knock on wood), it seems that people like Aguirre are going to be overwhelmingly defeated.
So it’s not over yet, but the future of LGBT equality in Mexico is looking brighter today. It’s not marriage equality, but it’s an encouraging ruling, and it could ultimately lead to full marriage equality in the future for Mexico.
Hopefully the pro-equality tendencies of the Mexican Supreme Court will rub off on our own Supreme Court by the time it hears the Prop 8 case.