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Americas | Mexican States Ordered to Honor Gay Marriages

https://www.nytimes.com/2010/08/11/earth/americas/11mexico.html

Mexican States Ordered to Honor Gay Marriages

Aug. 10, 2010

MEXICO Urban center — The Mexican Supreme Court ruled Tuesday that each of the country'south 31 states must recognize same-sex marriages registered in Mexico City, potentially giving gay and lesbian couples full matrimonial rights nationwide.

The court had already ruled this calendar month that Mexico City's aforementioned-sexual activity marriage law, which took consequence in March and has resulted in hundreds of aforementioned-sexual activity marriages, was constitutional.

But on Tuesday, the court went a step further, ruling 9 to ii against a complaint from the attorney general's function, which had said that other jurisdictions should non be required to honor marriages that were performed in Mexico City.

While the court made it clear that land governments were not obligated to enact same-sex marriage laws of their own, it did require them to recognize the legality of such marriages performed in United mexican states City.

"What'southward going to happen to a aforementioned-sex activity couple" who marry in Mexico City "when they cross the edge" to another land, asked Justice Arturo Zaldívar, who voted with the bulk, during Tuesday's discussions. "Does this wedlock disappear? They become on vacation and they're no longer married?"

Revelry in Mexico City last week as the Supreme Court upheld a same-sex marriage law. The court went further on Tuesday. — Credit... Eduardo Verdugo/Associated Press

The possibility of having to recognize same-sex activity marriages from Mexico Metropolis had provoked outrage from state governments belonging to the right-leaning National Action Party, which governs nationally, and drew accusations that the left-leaning Mexico City authorities was establishing civil-registry regulations for the residuum of the country.

The court determination leaves dubiousness about which marital rights must be recognized by state governments.

But Arturo Pueblita Fernández, a constitutional law professor at the Ibero-American University in United mexican states Metropolis, said that fundamental spousal rights would apply to aforementioned-sex couples across the country, including alimony payments, inheritance rights and the coverage of spouses by the federal social security organization, which provides wellness and alimony benefits to nearly of Mexico's working population.

The court must still make up one's mind whether another function of the law, which allows aforementioned-sex couples married in United mexican states City to prefer children, is constitutional. If it is, information technology is unclear whether such adoptions would have to exist recognized throughout the state as one of the rights of same-sex activity couples.

The adoption issue could be decided every bit early on as Thursday.

Opponents of same-sex activity marriage, including the leader of Mexico City's Roman Catholic Archdiocese, Fundamental Norberto Rivera, have voiced their displeasure with the law.

In a bulletin read after his Sunday homily, Cardinal Rivera called the courtroom decision to uphold the law "abnormal."