Mexico's supreme court removes Oaxaca Civil Code Article 143 ..... marriage is now "between two people"

The Mexican Supreme Court today made a unanimous ruling which could signal the beginning of equal marriage rights across the entire country.

The ruling by the court has not been officially announced yet, however the advocates of equal marriage who started the case, have said that this decision “opens the door to equal marriage in the whole country”, reports After Marriage Blog.

The Supreme Court ruled in favour of three couples wishing to marry in the southern Mexican state of Oaxaca.

The court ruled that the ban on same-sex marriage is discriminatory, and that it is unconstitutional. The decision was partly based on a ruling from February, in which the Inter-American Court of Human Rights decided that governments couldn’t discriminated on the basis of sexual orientation.

The court already ruled in 2010, that same-sex marriages performed in Mexico City, where equal marriage is already legal, would be recognised throughout the country.

Today’s ruling could set a precent which would see the removal of any remaining equal marriage bans, in other states.

This decison by the Supreme Court does not mean an immediate end to some limitations of the definiton of marriage as one man and one woman, as the court does not have the power to do so, however Alex Alí Méndez Díaz, the lawyer who brought the case, said it represented the beginning of the end for equal marriage bans.

Today’s ruling could also have international repercussions, as courts in other Latin American countries which recognise the Inter-American Accord on Human Rights could follow this precedent. Not only that, but the Inter-American Court could be more likely to recognise universal marriage rights.

Three couples in Chile have already begun a case to remove the ban on equal marriage there.

Almost 400 same-sex couples married in Mexico within the first six months of the law permitting same-sex marriage coming into effect. The law also allowed gay couples to adopt.

The The SCJN removed Oaxaca Civil Code Article 143 which stated that marriage is only between a man and a woman.

The Supreme Court of Justice of the Nation ( SCJN) eliminated Oaxaca Civil Code Article 143 which stated that marriage is only between a man and a woman.

Beginning today, is replaced with the Court ruling, involving marriages "between two people", so it does not matter if they are of different sexes or the same.

So that there is case law needed five resolutions in the same direction, so the three injunctions granted this afternoon, missing only two cases that are approved without interruption.

By now the three theses cases are isolated, but feel the precedent for any partner country for protection in order to be recognized as a marriage.

The case could be a support for cases that couples are granted, but does not imply that it should based on approved, but up to the judge to analyze each case.

The SCJN attracted three shelters on marriage between same sex in Oaxaca. The three couples went to the registry office in Oaxaca to get married, but the refusal of the authorities, took refuge.

In amparos 457/2012, 567/2012 and 581/2012 , alleging the unconstitutionality of discrimination of Article 143 of the Civil Code of Oaxaca and the failure to protect homo families.

The injunction was resolved in favor unanimously by the Court was the 581/2012, led by Minister Arturo Zaldivar.

In 2011, a federal judge granted an injunction Oaxacan capital to a couple of women who tried to legalize their union before the civil registrar of the city.

Since August 2011, the concerned submitted their application to the first Administrative Office of Vital Records downtown Oaxaca, but were rejected on the grounds that e l Article 143 defines marriage as a union between one man and one woman.

Lizeth and Montserrat promoted an injunction against the decision of the court Oaxaca, arguing that Article 143 of the Civil Code of Oaxaca violates their fundamental rights to equality and non-discrimination.

The project aimed Minister Arturo Zaldivar sort, for the first time a state government to recognize and register the marriage between two people of the same sex.

The project was approved by three of the five members of the First Chamber. Was approved unanimously.

All civil codes allow only heterosexual marriage registration, unless the City, because in August 2010 the Supreme Court declared constitutional marriage between same sex in this capital.

However, with today's resolution of the Court opens the door to ensure that marriage is equal throughout Mexico.

also see: 

The US Supreme Court's Four Most Likely Moves On Gay/Lesbian Couples' Marriage Rights .............