A victory for marriage equality in Mexico’s Supreme Court

Posted on 05 Aug 2010 at 9:45pm

Muy buena noticia desde México, via Blabbeando:

The Mexican Supreme Court of Justice has been holding hearings this week on the constitutionality of Mexico City’s groundbreaking marriage equality law which was adopted by the city on December 21st, 2009.

The law, the first of its kind in all of Latin America, not only granted gay couples in Mexico City the right to marry but also explicitly said that gay couples could adopt children (previously gay individuals were allowed to adopt but, if they had a partner, that partner could not file for parenthood rights).

Upon passage of the law, Mexican president Felipe Calderón stated that the constitution only allowed marriages “between a man and a woman” and had his attorney general file an appeal before the Supreme Court.

Guess what! Earlier today the Mexican Supreme Court ruled by a vote of 8-2 that Mexico City’s marriage equality law is indeed constitutional (“Mexican court upholds capital’s gay marriage law”, AP). Suck it, Calderón!

Echoing California federal court judge Vaugh R. Walker in ruling that Proposition 8 was unconstitutional, Milenio reports that, in backing the law, Justice Fernando Franco stated the following:

Procreation is not an essential element of marriage nor does it threaten the protection the Constitution grants to the family and procreation, since those who want to conceive, have the full capacity of doing it.

History in on the move.

We’ll soon see if Obama has his Attorney General appeal the court decisions that found DOMA is unconstitutional. He can be like Calderón. Unfortunately, we got more evidence this week that we’re a long way from Obama being like Argentina’s President Cristina Fernández de Kirchner.




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