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Puerto Vallarta News NetworkNews Around the Republic of Mexico 

Supreme Court Overturns Jalisco's Gay Marriage Ban

December 2, 2015

Mexico's Supreme Court ruled in June 2015 that any law that considers the purpose of marriage to be "procreation, and/or defines it as a union between a man & a woman," is unconstitutional. (Chris Wojdak)

Mexico City - The First Chamber of the Mexican Supreme Court of Justice last week struck down an article of civil code in the state of Jalisco that prohibited gay couples from marrying. Two gay couples challenged the state's civil code after their marriage applications were rejected, and their right to marry was denied.

Article 258 of the Jalisco Civil Code describes marriage as "An institution of public character and social interest, through which a man and a woman decide to share a state of life in search of personal fulfillment and the foundation of a family."


Nevertheless, the nation's highest court once again found that definition to be unconstitutional as it excludes gay couples from marriage. It added that state authorities could not "deny benefits to the claimants or set charges related to the regulation of marriage."

Some states have already begun to overturn bans, and marry same-sex couples, but earlier this year a decision was made to end bans on a country-wide level in Mexico.

It was in June that a court first ruled that bans on same-sex marriage are unconstitutional, effectively legalizing it.

The ruling stated: "As the purpose of matrimony is not procreation, there is no justified reason that the matrimonial union be heterosexual, nor that it be stated as between only a man and only a woman. Such a statement turns out to be discriminatory in its mere expression."

In April, a court reached a similar decision, stating that the bans are 'totally unjustifiable.'

"For all of those relevant effects, homosexual couples can find themselves in an equivalent situation to heterosexual couples, in such a way that their exclusion from both institutions is totally unjustified."

Following the decision, Mexico City law professor Estefanía Vela Barba said: "Without a doubt, gay marriage is legal everywhere. If a same-sex couple comes along and the code says marriage is between a man and a woman and for the purposes of reproduction, the court says, 'Ignore it, marriage is for two people.'"

However, same-sex marriage has not been specifically written into Jalisco law, and same-sex couples may still require a judge's approval before being wed.

Sources: Pink NewsOn Top Magazine