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Mexico Supreme Court strikes down ban on same-sex marriage

Wednesday, December 5, 2012

The Supreme Court of Mexico on Wednesday issued a unanimous ruling in favor of three same-sex couples seeking to marry in the southern state of Oaxaca, paving the way for universal marriage rights throughout Mexico.

The actual ruling won’t be published for a little while, but the gay rights advocates who brought the case are proclaiming that today’s ruling “opens the door to equal marriage in the whole country,” reported After Marriage.

The court previously ruled in 2010 that same-sex unions performed under a Mexico City ordinance had to be recognized nationwide. With this precedent, the remaining bans on gay marriage in most Mexican states could quickly fall.

This ruling does not immediately eliminate marriage statutes limiting unions to a man and a woman — the Mexican Supreme Court doesn’t have the power to strike down state laws like that en mass as the United States Supreme Court does. But the attorney who brought the case, Alex Alí Méndez Díaz, said before the ruling that victory would mean the beginning of the end for same-sex marriage bans in Mexico.

After Marriage noted that the case “could have repercussions” outside of Mexico — by expanding this precedent to include the right to marry, courts in other Latin American countries that recognize the Inter-American Accord on Human Rights could follow this precedent and determine that marriage rights are also protected in their countries.

A case brought by three couples trying to strike down Chile’s ban on gay marriage has already begun making its way through the international judicial system.”

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Filed under: North America

26 more reader comments:

  1. Que Bueno!!! yayyyy!!!!

    Posted on Wednesday, December 5, 2012 at 6:52pm
  2. awesome

    Posted on Wednesday, December 5, 2012 at 6:54pm
  3. OLE!

    Posted on Wednesday, December 5, 2012 at 6:54pm
  4. It is sad when the Supreme Court of Mexico has already worked harder on same-sexy marriage protections. Instead of the United States Supreme Court.

    Posted on Wednesday, December 5, 2012 at 6:54pm
  5. Sad for the US! GREAT for Mexico!

    Posted on Wednesday, December 5, 2012 at 6:55pm
  6. Maybe it is time I learned Spanish.

    Posted on Wednesday, December 5, 2012 at 6:56pm
  7. First Canada, Now Mexico! We’re Surrounded!

    Posted on Wednesday, December 5, 2012 at 6:57pm
  8. Well, since it just got to the SCOTUS, let’s give them a chance to do their work. They can’t deal with a case that has not been filed. :-)

    Posted on Wednesday, December 5, 2012 at 7:00pm
  9. Wow even mexico more advance when it come to this issue

    Posted on Wednesday, December 5, 2012 at 7:03pm
  10. Geez, the only countries who border us are awesome for this. I think America really needs to get with the times now. Pretty soon people will be leaving here as opposed to people coming in.

    Posted on Wednesday, December 5, 2012 at 7:05pm
  11. looks like the rest of the world are making the US soooo last century

    Posted on Wednesday, December 5, 2012 at 7:09pm
  12. orale! vamos a la chapel baby

    Posted on Wednesday, December 5, 2012 at 7:13pm
  13. Wow! :)

    Posted on Wednesday, December 5, 2012 at 7:16pm
  14. Viva Mexico !!!!!!

    Posted on Wednesday, December 5, 2012 at 7:28pm
  15. Saludos de Costa Rica !!!!

    Posted on Wednesday, December 5, 2012 at 7:29pm
  16. Enjoy living a backwards life.

    Posted on Wednesday, December 5, 2012 at 7:44pm
  17. Dillon James Mathers: Can you not read?

    Posted on Wednesday, December 5, 2012 at 8:01pm
  18. Nice

    Posted on Wednesday, December 5, 2012 at 8:15pm
  19. :(

    Posted on Wednesday, December 5, 2012 at 8:23pm
  20. <3

    Posted on Wednesday, December 5, 2012 at 8:31pm
  21. thats awesome!!!!

    Posted on Wednesday, December 5, 2012 at 8:42pm
  22. It is awesome! Job well done, Mexico. USA to follow this week :)

    Posted on Wednesday, December 5, 2012 at 11:02pm
  23. Excellent news. This will inspire similar legal actions in other states. It will only take two more victories for this to become binding precedent in the Mexican legal system! But it’s clear from the previous decisions that the Supreme Court finds that marriage equality is guaranteed by the Mexican Constitution.

    Posted on Wednesday, December 5, 2012 at 11:40pm
  24. P.S. This means that the courts of the U.S. two closest neighbors have found constitutional guarantees of marriage equality. Are we really going to lag behind them?

    Posted on Wednesday, December 5, 2012 at 11:41pm
  25. Equality NOW!!!

    Posted on Thursday, December 6, 2012 at 6:14am
  26. It’s a Great thing. Hopefully the US will follow in the footsteps of Canada and Mexico.

    Posted on Thursday, December 6, 2012 at 7:55am