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First gay marriage in Tijuana (Mexico)
(Blogmensgo, blog gay September 7, 2015) Although the Constitution of the State of Baja California states that marriage unites a man and a woman, two gay couples were legally married to it six months apart. But in both cases, after a long legal process.
Below is the official video - and so cute, despite his assumed kitsch - the first gay marriage in Tijuana:
Two Gay Marriages in Baja California:
The Mexican Supreme Court ruled on June 12, 2015, that any provision aimed at limiting marriage to the union of a man and a woman violated the Mexican Constitution. This judgment of the Supreme Court does not legalize gay and lesbian marriage. That is, each same-sex couple can marry in Mexico, as they are provided the right to fight judiciaries, if he resides in a state that has not legalized gay marriage.
That's what happened to six month intervals for two gay couples living in Mexicali and Tijuana, respectively the capital and the largest city in Baja California. The two couples had to fight a battle in the courts to win the right to marry civilly and legally. They had also taken the same lawyer, Jose Luis Márquez.
The most recent case concerns a couple of Tijuana, married for fourteen years: Michael Bujazán, a businessman of 71 years and Luis Vargas, a designer of 48 years (see video above). The two men had to carry out a procedure eleven months before pronouncing a wedding injunction against the municipality of Tijuana. Their civil marriage took place August 26, 2015.
The Mexican couple’s court battle was a until epilogue in January 2015, but after two years proceedings.
A Grotesque Situation:
Since the decision of 12 June 2015, Mexico saw the light of gay marriage under the neither-nor neither legalization nor prohibition. This means that any gay or lesbian couples can legally marry anywhere in Mexico, provided they file a complaint in case of refusal and therefore have won before trial.
Only couples fortunate enough to afford a lawyer may marry if they live in a state where gay marriage is not explicitly legal and that the local administration opposes.
All States are also required to recognize as legitimate couples of lesbians and gay marriages legally contracted outside their territory. This also applies to the Yucatán, which remains the only Mexican State whose law explicitly prohibits marriage between persons of the same sex.
So far, one or more gay marriages have been celebrated in 28 states - including the Yucatán - the 31 states that make up Mexico. But only five states have legalized gay marriage: the District of the federal capital Mexico (December 2009), Chihuahua (June 2015), Coahuila (September 2014), Guerrero (July 7, 2015, by decree not yet voted gouvernoral) and Quintana Roo (May 2012).
The legislature of Michoacán for his part refused to legalize marriage between same sex. A text establishing a homosexual PACS was about to be voted in September 2015 to start there.
About 5,300 gay and lesbians couples were married in the federal capital since December 2009. Mexico is also the only Mexican territory where we celebrate marriages between same sex without hesitation or administrative chicanery of any kind. Moreover, the context is more fluctuating. But things progress - at their own pace.
This article has been translated from our French blog, to view the original, click here