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In Mexico, only civil marriages are recognized by the law, and all its proceedings fall under state legislation. Same-sex marriage is performed without restriction in Mexico City and in the states of Chihuahua, Coahuila, Guerrero and Quintana Roo, but explicitly banned in the state of Yucatán. In addition, courts in all states must approve marriage licenses for same-sex couples when petitioned to do so; so far, individual cases of same-sex marriage have occurred in all states but Hidalgo, Tlaxcala, and Zacatecas. Same-sex civil unions are legally performed in Mexico City and in the states of Coahuila, Colima,〔 Jalisco, Campeche and Michoacán.〔 (Aprueban Código Familiar en Michoacán; no incluye matrimonios gay )〕 Since August 2010, same-sex marriages performed within Mexico are recognized by the 31 states without exception, and fundamental spousal rights (such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system) also apply to same-sex couples across the country. ==History== In late November 2009, the leading party at the Legislative Assembly of the Federal District (ALDF), the Party of the Democratic Revolution (PRD), announced that it was fine-tuning an amendment to the civil code to legalize same-sex marriage in Mexico City, a project endorsed by the local head of government, Marcelo Ebrard, but strongly opposed by the second largest political force in the country, the right-of-center National Action Party (PAN) and the Roman Catholic Church. The bill found support from over 600 non-governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and Amnesty International (AI). On 21 December 2009, Mexico City became the first Latin American jurisdiction to legalize same-sex marriage. The law became effective on 4 March 2010. On 5 August 2010, the Supreme Court voted 8-2 to uphold the constitutionality of Mexico City's same-sex marriage law. The Court later ruled on 10 August 2010, that Mexico City marriages are valid throughout the entire country. On 28 November 2011, the first two same-sex marriages occurred in Quintana Roo after discovering that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage, but these marriages were later annulled by the governor of Quintana Roo in April 2012. In May 2012, the secretary of state of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state. The 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico, through the injunction (amparo) process. Using international decisions, whose verdicts serve as legal precedent in Mexican courts, like the protections in the American Convention on Human Rights Karen Atala Riffo y Niñas v. Chile case, the U.S. cases Loving v. Virginia and Brown v. Board of Education and Mexico's own anti-discrimination ordinances, they ruled 5 December 2012 that: 1) Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violated federal law requiring that they "correspond to all persons without any distinction" and 2) That such laws were unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form a family. Barring legislative will to change State laws, a provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it. Thus, marriages obtained by injunction could be performed in any state, regardless of whether the state Civil Code had been changed. It is also important to notice that a same sex marriage performed in any state is valid in all of the other states in Mexico, even if any particular state has no laws that allow it, according to federal law. A landmark decision, issued on 29 January 2014, was the first injunction for marriage recognition in Puebla. The case involved a same-sex couple who legally married in Mexico City in 2012 and filed for spousal benefits with the Mexican Social Security Institute (IMSS) in the state of Puebla, but were denied. Because the complainant died during the injunction process, a lower court had dismissed the case, but the Supreme Court of the Nation, granted the injunction and ordered recognition of the marriage by both the state of Puebla and the IMSS. The injunction will require IMSS to extend benefits equal to married heterosexual couples' benefits to gays and lesbians who are married or have entered into civil unions throughout Mexico. A decision of the Mexico Supreme Court on 12 June 2015 resulted in a ruling that found that state bans on same-sex marriage were unconstitutional. The court's ruling is considered a "jurisprudential thesis" and does not invalidate any state laws, meaning gay couples denied the right to wed would still have to seek individual injunctions. The ruling standardized the procedures for judges and courts throughout Mexico, to approve all applications for same-sex marriage,〔(【引用サイトリンク】title=Mexico supreme court says state laws limiting marriage to man and woman unconstitutional )〕 and made the approval mandatory. The ruling was published in the country's Judicial Gazette on 19 June 2015 and became binding on 22 June 2015.〔(【引用サイトリンク】title=México avalará el matrimonio gay a partir del lunes )〕 Some have suggested the ruling "effectively legalises" same-sex marriage in Mexico, though without legislative change, civil registrars are still bound to follow the state constitutions. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Same-sex marriage in Mexico」の詳細全文を読む スポンサード リンク
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