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Same-sex marriage in Quintana Roo

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage is performed and recognized in all municipalities of the state of Quintana Roo.[1] The first two same-sex marriages occurred in Kantunilkin on 28 November 2011 after it was discovered that the state's Civil Code does not specify sex or gender requirements for marriage. However, future same-sex marriages were suspended in January 2012 upon review by the state's Secretary General of Government.[2] The two same-sex marriages in the state were annulled by the Governor of Quintana Roo, Roberto Borge Angulo, in April 2012, but these annulments were reversed by the Secretary General of Government on 3 May. The Secretary's decision allows for future same-sex marriages to be performed in Quintana Roo.[3]

Quintana Roo was the first Mexican state, and the second jurisdiction in Mexico after Mexico City, to legalize same-sex marriage. Further legislation and rulings from the Supreme Court of Justice of the Nation that same-sex marriage bans violate the Constitution of Mexico have expanded same-sex marriage to every state.[a]

[edit]

The Civil Code of Quintana Roo does not define gender requirements for marriage, specifying only "people interested in getting married".[5] A same-sex couple, Patricia Novelo and Areli Castro, applied for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a heterosexual marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkín on 28 November 2011.[6]

Cancún and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012.[7] Newspaper Reforma reported that upcoming ceremonies were suspended following an order by the Quintana Roo Secretary General of Government, Luis González Flores, to review the legality of the ceremonies.[8][9] In April 2012, both marriages were annulled by Governor Roberto Borge Angulo.[8] On 3 May 2012, the Secretary General of Government reversed the annulments.[10] The next month, both marriages became legal because there was no estoppel in due time.[11] González Flores announced that same-sex marriages are legal in all the municipalities of Quintana Roo.[11] However, in 2013, a lesbian couple were denied the right to marry and forced to obtain an amparo in Tulum. The court concluded that discriminatory acts had occurred and ordered the state to prevent further discrimination against same-sex couples, requiring all civil registry offices in Quintana Roo to process marriage applications from same-sex couples.[12]

In September 2014, Bacalar Municipality approved changes to equalize procedures for all marriages.[13] Officials in Playa del Carmen announced that same-sex couples could begin marrying in the municipality from the last week of September 2014.[14][15] The municipality of Othón P. Blanco announced that their first same-sex marriage would occur on 26 November 2014,[16] and the municipality of José María Morelos announced in 2017 that it had equalized procedures for all marriages. Marriage services are also available in Yucatec Maya in the municipality.[17]

Legislative action

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In November 2014, it was announced that a bill to officially legalize same-sex marriage in the state would be introduced and voted on in the current legislative session, thereby replacing the loophole used by couples.[18] In May 2017, after legislative inaction, another same-sex marriage bill was introduced to the Congress of Quintana Roo.[19]

Adoption by same-sex couples

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In January 2018, a married same-sex couple in Puerto Morelos were granted the right to register their child. In April 2018, with the help of the State Human Rights Commission, a same-sex couple in the city of Cancún were also allowed to register their newborn son.[20] According to 2021 statistics from the civil registry, about 30 to 40 lesbian couples register their children in the state every year.[21]

Marriage statistics

[edit]

As of mid-December 2014, officials announced that there had been 14 same-sex marriages in Quintana Roo.[22]

The National Institute of Statistics and Geography announced that there had been 163 same-sex marriages in 2018, of which 96 (59%) had been between lesbian couples and 67 (41%) between male couples.[23] According to data from the civil registry, most same-sex marriages in 2018 took place in the northern region, particularly in the municipalities of Benito Juárez, Solidaridad, Cozumel, Puerto Morelos, Isla Mujeres and Tulum, but also Bacalar in the south.[24] From January to August 2018, only 3 same-sex marriages were performed in Othón P. Blanco Municipality, and one same-sex couple married in José María Morelos Municipality in that same time period.[17]

277 same-sex marriages were performed in 2019, of which 139 were between two men and 138 between two women. In 2020, 210 same-sex marriages were performed in Quintana Roo; 107 between two men and 103 between two women.[21]

Public opinion

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A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 56% of Quintana Roo residents supported same-sex marriage, while 37.5% were opposed.[25]

According to a 2018 survey by the National Institute of Statistics and Geography, 38% of the Quintana Roo public opposed same-sex marriage.[26]

See also

[edit]

Notes

[edit]
  1. ^ The Supreme Court has ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. In Spanish, Article 4 of the Constitution states El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia., and in Yucatec Maya it reads Jxiib yéetel xch’uupe’ keeto’ob tu táan a’almajt’aan. Le je’ela’ yaan u kanáantik u nu’ukbesajil yéetel u jóok’ol táanil le láak’tsililo’., translating to "Man and woman are equal under the law. The law shall protect the organization and development of the family."[4]

References

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  1. ^ Vázquez, Jesús (18 July 2012). "Bodas gay generan interés en el sector turismo de Quintana Roo". El Economista (in Spanish). El Economista S.A. de C.V. Archived from the original on 3 April 2017. Retrieved 23 December 2012.
  2. ^ "Same-sex marriages put on hold in Cancun resort areas". San Diego Gay & Lesbian News. 12 January 2012. Archived from the original on 10 September 2018. Retrieved 14 January 2012.
  3. ^ Varillas, Adriana (3 May 2012). "Revocan anulación de bodas gay en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Archived from the original on 30 July 2012. Retrieved 13 June 2012.
  4. ^ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 6 March 2022. Retrieved 18 June 2022.
  5. ^ EFE (29 December 2011). "Cancun Plans to Pass Gay Marriage Bill to Attract Tourists". Fox News Latino. Archived from the original on 23 January 2013. Retrieved 2 January 2012.
  6. ^ Brisa Muñoz (30 November 2011). "Sin hacer una reforma legal, Quintana Roo realiza sus primeras bodas gay" (in Spanish). CNN México. Archived from the original on 4 March 2016. Retrieved 2 January 2012.
  7. ^ Brisa Muñoz (2 December 2011). "Dos matrimonios homosexuales se casaron en un municipio conservador" (in Spanish). CNN México. Archived from the original on 6 January 2012. Retrieved 2 January 2012.
  8. ^ a b Santana, Rosa (17 April 2012). "Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico". Proceso (in Spanish). Comunicación e Información, S.A. de C.V. Archived from the original on 11 July 2012. Retrieved 18 April 2012.
  9. ^ "Gay Marriage in Cancun, Mexico Suspended". On Top Magazine. 12 January 2012. Archived from the original on 23 April 2014. Retrieved 14 January 2012.
  10. ^ Sánchez, Manuel (4 May 2012). "Legalizan los matrimonios gay" (in Spanish). Diario Respuesta. Archived from the original on 31 December 2019. Retrieved 11 June 2012.
  11. ^ a b Varillas, Adriana (5 June 2012). "Matrimonio gay celebra su unión en QRoo". El Universal (in Spanish). El Universal Compañia Periodística Nacional S.A. de C.V. Archived from the original on 8 June 2012. Retrieved 11 June 2012.
  12. ^ "In English - First gay marriage is celebrated in Tulum". El Universal. 12 August 2014. Archived from the original on 4 September 2014. Retrieved 27 December 2015.
  13. ^ "Bacalar modifica Reglamento del Registro Civil para bodas gay | UN1ÓN | Cancún". Unioncancun.mx. 30 September 2014. Archived from the original on 7 July 2018. Retrieved 27 December 2015.
  14. ^ Grupo SIPSE (3 October 2014). "Dan luz verde a bodas gay en Playa del Carmen". Sipse.com. Archived from the original on 6 October 2014. Retrieved 27 December 2015.
  15. ^ Grupo SIPSE (28 December 2014). "Se registra el primer matrimonio gay en Solidaridad". Sipse.com. Archived from the original on 15 August 2020. Retrieved 27 December 2015.
  16. ^ Nombre (requerido) (23 November 2014). "Alistan primera boda gay en Chetumal". Noticaribe. Archived from the original on 28 March 2016. Retrieved 27 December 2015.
  17. ^ a b "Registro Civil ofrece bodas gay y actas digitalizadas en maya". Quinta Fuerza (in Spanish). 3 August 2018. Archived from the original on 24 April 2019. Retrieved 18 June 2022.
  18. ^ "Ingresan al Congreso uniones gay". La Verdad Noticias. 4 November 2014. Archived from the original on 2 November 2020. Retrieved 18 June 2022.
  19. ^ (in Spanish) Quintana Roo garantiza derechos de comunidad LGBTI Archived 21 May 2017 at the Wayback Machine
  20. ^ (in Spanish) Autorizan registrar al hijo de matrimonio gay Archived 24 April 2019 at the Wayback Machine
  21. ^ a b "Parejas de mujeres lideran uniones del mismo sexo en QRoo". La Jornada Maya (in Spanish). 5 July 2021. Archived from the original on 11 July 2021. Retrieved 18 June 2022.
  22. ^ Grupo SIPSE (18 December 2014). "Quintana Roo se abre paso en realización de bodas rosas". Sipse.com. Archived from the original on 7 August 2018. Retrieved 27 December 2015.
  23. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 17 October 2020. Retrieved 18 June 2022.
  24. ^ (in Spanish) Parejas del mismo sexo prefieren casarse frente al mar Archived 4 February 2019 at the Wayback Machine
  25. ^ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine, Gabinete de Comunicación Estratégica
  26. ^ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019. Archived from the original on 16 April 2019. Retrieved 18 June 2022.
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