08/16/10 – On Tuesday of last week the Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación –SCJN), the highest federal court in Mexico, ruled by a majority vote that marriages between people of the same-sex currently celebrated in Federal District (Distrito Federal –DF) are valid in the entire Republic. That is to say that if married in the DF they are still considered married anywhere in Mexico. However, this does not imply that the rest of the states adopt the union between people of the same-sex. Supporters of the reform argue that it is not a matter of sexual orientation but of fundamental right to happiness guaranteed to each human being.
With nine votes in support of the reform and two agianst, members of the court ruled that the possibility of same-sex unions in the capital does not violate article 121 of the Mexican Constitution, which concerns the recognition of civil acts performed by entities in others. Specific rights given to same-sex unions now depend on each state in conjunctions with their own legislation. After the court confirmed reforms to the DF Civil Code that permit same-sex marriages, the majority of the members coincided in that the states should recognize the civil acts of others. The only members to oppose the reform were Salvador Aguirre Anguiano and Guillermo Ortiz Mayagoitia.
Anguiano also opposed adoption rights by the homosexual community arguing that Mexican society stigmatizes homosexuals and is not ready to accept adoptions made by same-sex marriages. In support of his argument he referred to several studies carried out by the Mexican Institute of Pediatrics (Instituto Mexicano de Pediatría) and the Psychology Department at the UNAM (Facultad de Psicología de la UNAM) highlighting the repercussion in minors with homosexual parents, noting that “we live in a society that unjustly neglects and discriminates homosexuals” and exposing a child to such conditions would be grave. Likewise, the reform has had a negative response by the Church which is threatening to file a judicial suit against the SCJN if adoption rights by same-sex marriages are approved.
Notimex. “Da SCJN validez en todo el país a matrimonios homosexuales del DF.” La Cronica de Hoy. 10 Agosto, 2010.
Notimex. “Bodas gays del DF, válidas en el país: SCJN.” La Jornada. 10 Agosto, 2010.
Mosso, Rubén. “Discute Corte posibilidad de adopción por parejas gay.” La Cronica de Hoy. 10 Agosto, 2010.
Bañuelos, Claudio, Andrés Timoteo Morales and Gabriel León. “Ebrard maiceó a los ministros para que se permitieran bodas gays: Sandoval Íñiguez.” La Jornada. 16 Agosto, 2010.
Orenday, Jacobo, and Eugenia Jiménez. “¿Les gustaría que los adopten maricones?”: Sandoval Íñiguez.” Milenio. 16 Agosto, 2010.