Same-sex marriage in Puebla


Same-sex marriage is legal in the Mexican state of Puebla, following a ruling on 1 August 2017 by the Supreme Court of Justice of the Nation striking down Article 300 of the Civil Code, which limited marriage to one man and one woman, and Article 294, which stated that marriage existed solely for the purpose of procreation. The SCJN further removed the requirement for individuals to obtain an amparo for same-sex marriage in the state, concurring with the National Commission of Human Rights that the Civil Code violated the self-determination of LGBTI citizens. The ruling was officially published in the Diario Oficial de la Federación on 16 February 2018.

History

Legislation

On 7 December 2006, a similar civil union bill to that of Mexico City was proposed in Puebla, but it faced strong opposition and criticism from deputies of the Institutional Revolutionary Party and the National Action Party, who declared that "the traditional family is the only social model, and there cannot be another one." On 15 March 2011, the Ley de Sociedad de Convivencia was proposed again. After five reviews in the ensuing years, on 8 June 2014, the law was postponed until a later session. On 29 September 2014, the Congress announced that there would be no discussion in that legislative term.
On 7 March 2013, a group of activists presented to the Congress of Puebla a proposal, "The Law of Agnès Torres", which aimed at modifying Articles 831, 931, 932 and 935 of the Civil Code of Puebla and Article 751 of the Code of Civil Procedure to allow legal identity documents which are consistent with the personality and sex/gender identity of personal choice and protect LGBT citizens from discrimination. On 8 November 2014, a march was held by activists and supporters, urging the Congress to pass the law to protect gender identity and approve same-sex marriage.
The Congress rejected a civil union bill in December 2014. The Party of the Democratic Revolution, who backed the bill, announced their intention to re-introduce a bill in 2015. On 11 June 2015, a PRD deputy submitted a marriage bill instead citing the national court decisions in favor of same-sex couples wanting to marry. On 18 June 2015, it was announced that the marriage proposal would be reviewed in October 2015, giving deputies time to become educated about the proposal before it was submitted for analysis. In June 2016, representatives of the Congress of Puebla announced that they would not deal with the issue of same-sex marriage until the Mexican Supreme Court ruled on the action of unconstitutionality filed in early May.
In October 2018, PRI Deputy Rocío García Olmedo introduced a bill to Congress that seeks to codify same-sex marriage in the state's Civil Code.

Injunctions (amparos)

A decision of the Mexico Supreme Court on 12 June 2015 resulted in a ruling that found that state bans on same-sex marriage were unconstitutional. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, meaning same-sex couples denied the right to wed would still have to seek individual injunctions. The ruling standardized the procedures for judges and courts throughout Mexico, to approve all applications for same-sex marriages and made the approval mandatory.
An important recognition case was granted via injunction on 29 January 2014. A same-sex couple, married in 2012 in Mexico City, filed an injunction against the IMSS after it refused to register one of the partners for spousal benefits. In a landmark ruling, the Supreme Court ruled that the IMSS was required to recognize the marriage.
Equal Marriage Mexico, the Citizens Observatory of Sexual and Reproductive Rights, and El Taller AC began collecting signatures for a collective injunction in Puebla in early October 2014 with plans to submit the demand on 12 October. On 15 October 2014, it was confirmed that a collective injunction for the legalization of same-sex marriage had been filed by 36 people from throughout the state hoping to gain the right to same-sex marriage and have articles 294 and 297 of the Civil Code declared unconstitutional. In March 2015, reports surfaced that the judge had not ruled for the couples citing a requirement of the plaintiffs to "prove their homosexuality". Activists slammed this as a delay tactic and appealed to both the local court and the Mexican Supreme Court. On 5 May 2016, the Mexican Supreme Court ruled that Articles 294 and 297 of Puebla's Civil Code were unconstitutional. On 1 June 2016, the First Chamber of the Mexican Supreme Court upheld an amparo to 30 gay people who challenged Articles 294 and 297 of the State Civil Code.
In November 2014, a lesbian couple filed for an amparo and were granted an injunction to marry. The state appealed the decision. On 10 July 2015, the Appellate Court upheld the ruling in favor of the couple. Their wedding, which was the first same-sex marriage in the state of Puebla, took place on 1 August 2015. The fifth same-sex marriage in the state took place in March 2017 in Tepeaca.

San Pedro Cholula

In September 2016, officials from the municipality of San Pedro Cholula announced that any same-sex couple who wishes to marry in the municipality may do so without the need for an amparo, citing the jurisprudence established by the Supreme Court in June 2015.

Action of unconstitutionality (2016/17)

On 27 April 2016, an action of unconstitutionality was filed before the Mexican Supreme Court. This lawsuit sought to fully legalise same-sex marriage in Puebla, similarly to what had happened in the states of Chiapas and Jalisco. Actions of unconstitutionality in Mexico can, however, only be filed against a certain law within a 30-day period after they come into force. In this case, the Congress of Puebla modified its marriage laws, but left intact provisions outlawing same-sex marriages. This qualified for an action of unconstitutionality, which LGBT groups quickly filed.
On 1 August 2017, the Mexican Supreme Court ruled that Article 300 of the Civil Code, which limited marriage to one man and one woman, and Article 294, which stated that marriage existed solely for the purpose of procreation, were unconstitutional. In late January 2018, after multiple attempts from Congress to delay enactment of the ruling, the Civil Registry announced that it would abide by the ruling, bypassing the Congress' authority. The Civil Registry's announcement also followed a ruling of the Inter-American Court of Human Rights which states that countries signatory to the American Convention on Human Rights must legalise same-sex marriage. Mexico has ratified the Convention. The ruling officially took effect on 16 February 2018, after it was published in the Diario Oficial de la Federación.
Puebla officials have confirmed that same-sex couples are allowed to adopt.

Response and opposition

The Congress of Puebla has consistently opposed same-sex marriage, and unsuccessfully attempted to block the 2017 Supreme Court ruling from taking effect.
On 4 October 2019, Las Comisiones Unidas de Procuración y Administración de Justicia y de Igualdad de Género of Congress voted against decriminalization of abortion and legalization of same-sex marriage. They reaffirmed the current state law which states, "El matrimonio es un contrato civil, por el cual un sólo hombre y una sola mujer, se unen en sociedad para ayudarse en la lucha por la existencia.". The move, championed by Governor Miguel Barbosa Huerta, is unconstitutional and void, and therefore does not affect the status of same-sex marriage in Puebla, which remains legal and recognized. Shortly following the vote, Deputy Rocío García Olmedo filed a legal challenge with the Supreme Court, arguing that the Congress' refusal to codify the state's marriage law to include same-sex marriages is unconstitutional. García Olmedo also personally criticized deputies of the National Regeneration Movement, who mostly voted for the move, of "betrayal", as the party was elected on a party platform supporting LGBT rights and same-sex marriage.

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 48.5% of Puebla residents supported same-sex marriage. 48% were opposed.
According to a 2018 survey by the Instituto Nacional de Estadística y Geografía, 37% of the Puebla public opposed same-sex marriage.