Published On: Mon, Jul 14th, 2014

Gay Marriage is now Legal in the Mexican State of Nayarit

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The Civil Registry of Tepic, capital city of the State of Nayarit has adopted the federal ruling to formalize same-sex marriages, informed the Council of the Federal Judiciary.

In resolving a case involving the writ of habeas corpus, the Second District Court in Matters of Civil Protection, Federal Administrative, Litigation, and Labor declared Article 135 of the Civil Code of Nayarit, which accounts only for marriages between a man and woman, to be unconstitutional. A federal judge granted the defense and protection of the federal courts to people of the same sex, and ordered the state Civil Registry to cooperate in processing their application for marriage once all other legal requirements were fulfilled.

The Federal Judiciary Council (CJF) noted that Article 135 of the Civil Code of Nayarit violates the principles of equality and non-discrimination enshrined in the first and fourth articles of the Constitution, creating a distinction that excludes the right of same-sex couples to get married.

The CJF concluded that to deprive gay couples of enjoying the benefits of the legal institution of marriage is unreasonable and discriminatory.


Nayarit has adopted the federal ruling to formalize same-sex marriages

This includes not only the right to have access to all the benefits implied by matrimony, but also the rights and material benefits ascribed by the law.

In order to resolve a case of unconstitutionality, the Second District Court based its ruling on criteria adopted by the High Court as well as the fourth article of the Constitution, which protects various rights such as equality before the law of both genders.

The same article provides protection to families, in accordance with the law on organization and development, including the rights of people to decide how many children to have and how often in an unregulated manner.

The CJF said that while there is no constitutional right to same-sex marriages, there is a principle ensuring the right to free development of personality, which involves deciding whether or not to marry and who to marry.


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  1. Alejandro Alejandro says:

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