Gay Marriage License in Baja California Approved by Supreme Court Ruling

Mexico’s Supreme Court grants approval for a Gay Marriage application on appeal

The Supreme Court in Mexico has ruled that the State of Baja California’s civil code defining marriage between a man and a woman is unconstitutional, therefore paving the way for Baja’s first gay marriage.

The case was brought to the upper court by Víctor Manuel Aguirre and Fernando UrÍas Amparo of Baja California who were denied a same-sex marriage certificate in the state last year.

The court determined that the law in Baja California denied same-sex couples the right to free development of personality. The court also said in their statement that the purpose of marriage was not exclusively for reproductive or family purposes, as the State of Baja California argued.

With this ruling, the Supreme Court under appeal has granted a marriage application to the complainants, however the court stopped short of overturning the state law. Other gay couples wishing to marry in the state would need to follow the same appeals process at this time.

The Baja California decision is the latest in a series of rulings from the Mexican Supreme Court in support of marriage rights for same-sex couples. In April the courts ruled in favor of 39 cases that challenged laws in Oaxaca that banned gay marriage. In 2012 the courts ruled that three gay couples were to be permitted marriage in the state.

Gays and lesbians have had the right to same-sex marriage in Mexico City (DF) since 2010, and those marriages are recognized throughout the country by federal protection.

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