Judge rules Oaxaca, Mexico ban on same sex marriage is unconstitutional

Mexico’s Supreme Court ruled Oaxaca state’s ban on same-sex couples marrying to be unconstitutional on Tuesday and also found it to be in violation of Article 143 of the country’s Civil Code.

The action was brought by 39 gay and lesbian Mexicans, and their lawyers successfully argued that the state’s law violated Article 1 of the Mexican Constitution, which amongst other things protects sexual minorities from discrimination in law.

Oaxaca’s Office of Vital Records has said it will abide by the court’s decision and urged lawmakers to act in line with the court’s verdict to provide a legal framework by which same-sex couples may marry.

‘It is time to modernize our laws and our institutions have to adapt to changing times and conditions, because we are being overtaken in the new circumstances,’ Oaxaca director of Vital Records Clarivel Rivera said according to e-consulta.com.

Same-sex marriages are performed by the federal district of Mexico City and the state of Quintana Roo.

Other Mexican states have introduced civil union schemes for gay couples but all must recognize same-sex marriages performed elsewhere even if they do not perform them themselves since August of 2010.


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