Mexico Lawmakers Fight Same-Sex ‘Marriage’

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by Martin Barillas  •  •  November 5, 2020   

Courageously defy national party

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MEXICO CITY ( - The pro-life National Pro-Family Front of Mexico recognized the "courageous" legislators in the State of Guerrero who, in a rare display of partisan comity, voted in the state legislature against redefining marriage to include same-sex unions.

President Andrés Manuel López Obrador

On the pro-life group's Facebook page, the pro-life, pro-family organization praised in the state legislature legislators from across the political spectrum who, on Oct. 27 "defended the institution of marriage in Guerrero." The social media post shared photos of 23 state deputies representing the Institutional Revolutionary Party (PRI), Democratic Revolutionary Party (PRD), National Action Party (PAN) and the Morena Party.

The pro-family group stated, "We recognize and congratulate the Guerrero legislatures who recognized the importance of the marital institution [and] decided to reject a redefinition that vacates the reality."

Pro-LGBTQ Morena, also known as the Movement for National Regeneration, was founded by President Andrés Manuel López Obrador, a socialist, who has promised to push for abortion for girls as young as 13 years of age, as well as so-called same-sex marriage. Morena member Moisés Reyes Sandoval introduced the measure in 2018. On Oct. 29, Reyes Sandoval said that he is filing a complaint to their party's executive committee.

President Andrés Manuel López Obrador [is] a socialist, who has promised to push for abortion for girls as young as 13 years of age, as well as so-called same-sex marriage.

Reyes Sandoval told local media, "Marriage equality is coming despite the conservative legislators because Guerrero is in the vanguard." He promised to take the members of his party before Mexico's Supreme Court so that its decision can be overturned.

Still Recognized in Practice

By order of the Supreme Court, Mexico's states must either allow the performance of same-sex marriages or recognize these marriages when performed in other states. So-called same-sex marriage is performed in Mexico City and in the states of Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Hidalgo, Jalisco, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Quintana Roo and San Luis Potosí, as well as in certain municipalities in Guerrero, Querétaro and Zacatecas.

Courts in all states must approve marriage licenses for same-sex couples when petitioned to do so. Same-sex marriages have occurred in every state. Additionally, same-sex marriages can be conducted at Mexican consulates and thereby recognized in the United States and Mexico.

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But members of Morena, who voted against same-sex marriage in Guerrero, were Ricardo Castillo Peña, Adalid Pérez Galeana, Alfredo Sánchez Esquivel, Antonio Helguera Jiménez, Erika Valencia Cardona and Celeste Mora Eguiluz. They were seconded by deputies representing the PRI, PRD and PAN parties, plus an independent. Nationally, the Morena Party controls the national congress as well as the presidency.

Currently in Guerrero, marriage is allowed only for one man and one woman of at least 16 years of age, with parental or guardian consent. If passed, the bill defeated in the chamber would have changed the state's civil code to allow marriage to any person regardless of sex to marry so long as they are of age.

Mayor Adela Roman Ocampo

Invoking Pope Francis' 'Acceptance'

On the Pacific shore of Guerrero is the famous resort city Acapulco, whose mayor is a declared supporter of same-sex marriage. Mayor Adela Roman Ocampo, according to local media, claimed on Oct. 29 that even "ultra-conservatives" must recognize that Pope Francis has recently shown support for LGBTQ civil unions.

She opined:

My point of view is that the laws must adapt to reality. I was a legislator and have had the opportunity to put the law into practice as an administrator of justice. To the ultra-conservatives, Pope Francis — who is a progressive pope — has said that people who have same-sex preferences are also children of God.

PRI deputy Flores Majúl, who presides over the Justice Committee in the Guerrero legislature, told his colleagues that public consultations on marriage concluded in May of this year. The deputies found that in most of their meetings, marriage was recognized as a union of heterosexual couples that provide rights and responsibilities in addition to guaranteeing the care of children that are the fruit of the marital union.

The report from the Justice Committee explained that marriage is thousands of years old and in various cultures it has remained exclusively as the union of one man and one woman. It also noted that marriage is solemnized by a competent authority in order to stabilize heterosexual relations and establish families for the purpose of procreation, mutual aid and happy homes. While he said that homosexual pairs can form partnerships, marriage is out of the question.

To the ultra-conservatives, Pope Francis — who is a progressive pope— has said that people who have same-sex preferences are also children of God.

Morena deputy Ricardo Castillo Peña criticized fellow party member Deputy Reyes Sandoval for seeking approval from the chamber for the same-sex measure. Calling him a "blowhard," Castillo Peña said, "I think that my colleague lacks a bit of sense. We told him that we are not against people of the same sex having a life together, but we are against breaking with an ancient institution that is between one man and one woman."

Mexico's Supreme Court

Castillo Peña added that he believes that Reyes Sandoval was mimicking initiatives found in other areas of Mexico rather than consulting his own constituents. He said, "I talked to the people in my district, and the majority told me that they are not in favor of the bill." Castillo Peña further stated that he had consulted various sectors of society and several organizations, which also affirmed their support for traditional marriage.

Constitutional Issues

Mexico's constitution does not currently mention same-sex marriage. However, it contains articles protecting the "integrity of the family" and the "fraternity and equality of rights" of all.

Following several reforms in the early 2000s, the constitution currently states: "Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited."

It was, therefore, that Mexico's Supreme Court ruled in 2015 that same-sex marriage bans are unconstitutional. While the ruling did not invalidate state laws, it provided judges and courts throughout the country procedures to approve applications for same-sex marriages. In 2019, the Morena Party introduced a constitutional amendment that would legalize same-sex marriage at the federal level while transforming civil unions into marriage, requiring all states to amend their laws accordingly within 90 days of its passage.

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