Same-sex marriage in Hidalgo

Same-sex marriage in the Mexican state of Hidalgo became legal on 11 June 2019. A bill for legalization was approved by the state Congress on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Legal history

Same-sex unions performed in Mexican states

  Same-sex marriages performed.*
Stripes: Proportion of municipal coverage.

  Civil unions performed; marriage by amparo only.

  Marriage not performed (except by amparo) despite Supreme Court order.

  Marriage accessible by amparo or by traveling out of state.

*Legislation is not equal in all states. See details.

Civil unions

As Mexico City and Coahuila had recently legalized civil unions, a similar measure was proposed in Hidalgo in July 2007.[1] However, it stalled in the state Congress as well as in successive sessions.[2] In October 2013, Congress indicated that there was not sufficient "maturity" in society to accept same-sex marriage and that it would instead consider a conjugal partnership bill.[3]

Injunctions and court challenges

Due to the lack of legislative action, on 8 August 2014 a collective injunction for six same-sex couples was presented to the Third District Court to contest the constitutionality of articles 8, 11 and 143 of the Family Code.[4] Article 8 described marriage as a "social and permanent institution between a man and a woman", and article 143 similarly defined concubinage as "between a man and a woman". Article 11 characterized marriage as an institution whose goal was "perpetuating the species". Almost two years later, in September 2016, the First Chamber of the Mexican Supreme Court declared that the articles in question violated the Constitution of Mexico, and gave the six couples the right to marry.[5] Another injunction contesting the constitutionality of the three articles was filed in December 2014.[6]

In October 2016, Yolanda Molina Reyes, state coordinator of Equal Marriage Mexico (Matrimonio Igualitario México), stated that within the past two years three separate injunctions against the state had been filed, all of which had been successful in the courts. The first same-sex wedding in the state occurred on 8 October 2016.[7]

By August 2017, 8 injunctions had been granted to same-sex couples in Hidalgo.[8]

Marriage

The July 2018 general elections resulted in the National Regeneration Movement (MORENA), a pro-same-sex marriage party, winning the majority of legislative seats in the Congress of Hidalgo. In October 2018, a same-sex marriage bill was introduced to Congress by Deputy Areli Rubí Miranda Ayala from the Party of the Democratic Revolution (PRD).[9] It was approved on 14 May 2019 in a vote of 18–2 with 8 abstentions.[10] Governor Omar Fayad signed the bill into law on 24 May. It was published in the official state journal on 10 June 2019 and took effect the following day.[11] The law allows same-sex couples to adopt children jointly.[12] Article 8 of the Family Code now reads as follows:

• in Spanish: El matrimonio es una institución social y permanente, por la cual se establece la unión jurídica entre dos personas, que, con igualdad de derechos y obligaciones, procuran respeto, igualdad y ayuda mutua, originan el nacimiento y estabilidad de una familia, así como la realización de una comunidad de vida plena y responsable.

• (Marriage is a social and permanent institution, which establishes the legal union between two people, who, with equal rights and obligations, seek respect, equality and mutual assistance, the birth and stability of a family and the realization of a full and responsible life together.)

Political party[13][14]	Members	Yes	No	Abstain	Absent
National Regeneration Movement	17	15		1	1
Institutional Revolutionary Party	5			5
National Action Party	3		2		1
Social Encounter Party	2	2
Labor Party	1			1
Party of the Democratic Revolution	1	1
New Alliance Party	1			1
Total	30	18	2	8	2

Statistics

The following table shows the number of same-sex marriages performed in Hidalgo since legalization in 2019, as reported by the National Institute of Statistics and Geography.[15]

Number of marriages performed in Hidalgo

Year	Same-sex			Opposite-sex	Total	% same-sex
	Female	Male	Total
2019	29	42	71	8,975	9,045	0.78%

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Hidalgo residents supported same-sex marriage. 46% were opposed.[16]

According to a 2018 survey by the National Institute of Statistics and Geography, 42% of the Hidalgo public opposed same-sex marriage.[17]

See also

• Same-sex marriage in Mexico
• LGBT rights in Mexico

References

1. "Presentan iniciativa de Ley de Sociedades de Convivencia para Hidalgo". desdeabajo.org.mx.
2. "El Universal – – Hidalgo no legislar bodas gay". eluniversal.com.mx. 19 June 2013.
3. "Matrimonios gay dependen de "madurez" – Criterio – Hidalgo". criteriohidalgo.com. Archived from the original on 30 August 2014.
4. Gisselle Acevedo. "Se amparan en Hidalgo para realizar bodas gay". Milenio.
5. (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas
6. "Parejas del mismo sexo en Hidalgo presentarán amparo contra ley familiar". Quadratin Hidalgo (in Spanish). 13 December 2014.
7. (in Spanish) CELEBRAN LA PRIMERA BODA GAY EN HIDALGO
8. (in Spanish) Planean estrategia a favor del matrimonio gay en Hidalgo
9. (in Spanish) Buscan aprobar matrimonio igualitario en Hidalgo
10. "Reconocen matrimonio igualitario". El Universal (in Spanish). 15 May 2019.
11. "Periódico Oficial Ordinario 0 del 10 de junio de 2019" (in Spanish). Periódico Oficial del Estado de Hidalgo. Retrieved 10 June 2019.
12. "A partir de hoy Matrimonio Igualitario es oficial". desdeabajo.mx (in Spanish). 10 June 2019.
13. "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019.
14. "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019.
15. "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish).
16. (in Spanish) Encuesta nacional 2017, Gabinete de Comunicación Estratégica
17. (in Spanish) #Data | ¿Quién está en contra del matrimonio gay?