Many people from the LGBT+ community affirmed that Tamaulipas was the last state that managed to recognize the rights of individuals of the same sex. However, the battle for equality is still going on in six states, where the law has not yet been updated, and this change remains to be made.
This is because in the missing entities the unconstitutionality actionwhich “denounces the possible contradiction between the Constitution and some rule or general provision of a lower hierarchy”, mentions the Legislative Information System (SIL).
Among those that can be determined to be part of that contradiction is the law, international treaty, regulation or decree, in order to preserve or maintain the supremacy of the Magna Carta “and nullify the norms declared unconstitutional.”
The six states that still need to update the civil code are: Aguascalientes, Chiapas, Jalisco and Nuevo León. In these, the constitutionality action was applied to give a step to equal marriage, but it is not yet updated in the Civil Code, this implies that there is a permission to marry, but still it is not established as a law.
On April 2, 2018, the National Human Rights Commission (CNDH) presented an act of unconstitutionality against the state, but a year later the Supreme Court of Justice of the Nation (SCJN) invalidated various articles of the Security and Services Law Social for Public Servants and by extension three of the Civil Code.
These did not recognize same-sex couples, much less health rights. In the end, that informative portion of the Supreme Court was invalidated, in addition to the articles 143, 144 and 313 bis (of the Civil Code) to those that refer to marriage, since in them it is written that the marriage was made up of two people of different sex.
Although something that the Congress of the State of Aguascalientes did not allow was the updating of the Civil Code, since by declaring it unconstitutional, the civil codes any person can marry without the need for an Amparo.
In this state, the CNDH did the same since in 2016 a family law had been amended in the state, although it did not annul the words man and woman when speaking of marriage, it maintained them.
The Commission took advantage of this opportunity to file the unconstitutionality action that sought to legalize same-sex marriage in Chiapas and be the second state to do so.
On July 11, 2017, the SCJN ruled that marriage in the Civil Code was unconstitutional under the equality and non-discrimination of articles 144 and 145 of the Civil Code, legalizing same-sex marriage, specifying that protection is no longer necessary and confirming that the ruling allows same-sex couples to adopt.
Still, the Chiapas Congress must update its civil code to conform to the ruling issued by the court.
The unconstitutionality action was filed in 2015 after the “Free Coexistence Law” was approved, when suing it was mentioned that unequal treatment was given to same-sex couples, integrated into articles 258, 260 and 267 bis of the Civil Code.
After seeing that they were unconstitutional, the state civil registries were ordered to marry all couples regardless of their sexual orientation, and despite the Court’s ruling being published in the Official Gazette of the Federation and in the Official Gazette of Jalisco you can get married without protection.
However, it still needed to update its Civil Code to adjust to the ruling issued after the unconstitutionality action.
In 2018 the state amended a state family law, although it did not add same-sex marriage in articles 140, 147 and 148 of the Civil Code.
For the year 2019, the Supreme Court of Justice of the Nation ruled unanimously that the articles of the Civil Code: limit marriage to couples of the opposite sex, are unconstitutional and null for violating articles 1 and 4 of the Constitution of Mexico, to which led to the legalization of same-sex marriage and adoption by same-sex couples in the state of Nuevo León, although the Civil Code was not updated and the figure “male-female marriage” still remains.
Despite the fact that in this entity there is the law of marrying people of the same sex, it has a valid until 2024since a decree was made by Governor Diego Sinhue Rodríguez Vallejo, which was published in the Official State Newspaper.
Said decree was published in the second part of the Official Newspaper and despite the fact that marriages of the LGBT community will not need protection to be able to marry, this action will only be maintained for two more years.
It mentions that “the current jurisprudential development allows us to conclude that the General Constitution does not prohibit same-sex marriage. Nor does it regulate, keep silent about it. Said silence has allowed the normative and jurisprudential development of said institution”.
In this state it was not necessary for them to use the action of unconstitutionality, since it was part of a decree of the Governor.
Same-sex marriage has been legal since 2015, this being a decree by former Governor César Horacio Duarte Jáquez.
In that year, 20 individual amparos were delivered so that people could get married and although the governor of that time mentioned that there would be no problem, article 134 of the civil code does not have the update, but still has “man and woman”.