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Same sex marriage, under revision once again in Yucatán

by Yucatan Times
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The Collective for the Protection of All Families in Yucatan (Colectivo PTFY) reported in a statement that on February 7th, with the support of the “Article 19 Mexico” organization, asked the Supreme Court of Justice of the Nation (SCJN) to directly resolve the various violations of the federal constitution, allegedly committed in 2019 by the Congress of Yucatan.

Due to the seriousness of these violations, the activists believe that the case involves a legal and political decision by a state congress not to continue to comply with the Federal Pact (i.e. the Mexican Constitution).

Last year, the PTFY Collective and various organizations filed four injunctions (amparos), against the Yucatan Congress for twice secretly voting against the initiative to recognize same-sex marriage. When the request is presented, the SCJN will decide if it will directly resolve two of these lawsuits.

The first is the injunction number 233/2019 (Amparo en Revisión), filed in conjunction with “Article 19” and other organizations against the July 15 legislative vote by ballot, preventing the direction of each state legislator’s vote from being known, and going against the internal regulations of the Yucatan Congress.

The other is the injunction number 357/2019 (Amparo en Revisión), which was filed against the April 10 refusal to reform the Yucatan constitution to recognize equal marriage, which “violates both the principle of non-discrimination established in the federal constitution and the prohibition of local constitutions from contradicting the federal constitution, as well as SCJN case law, fille number 43/2015, that mandates local congresses to allow equal marriage.

The PTFY Collective pointed out that what the local Congress did was to decide that different points of the federal Constitution would not be complied with in Yucatan, “generating a dangerous precedent of contempt”. This is why the hashtag #YucaBrexit emerged in social networks.

“The Legislative Power, on two occasions, decided that the federal Constitution would not be obeyed and in defiance they held a secret vote, which is unconstitutional. They decided that the principle of non-discrimination would have a different scope than what the SCJN has said and, furthermore, that the Yucatan constitution could disobey what the federal constitution ordered,” said Alex Orué, a member of the PTFY Collective.

“In other words, in Yucatan we live with a constitutional protection that is different from the rest of the country because Congress unilaterally decided to de facto separate itself from the Federal Pact”.

Finally, the PTFY Collective, recognizing the efforts of the SCJN and its Minister President, Arturo Zaldívar, to reform the Judicial Branch, stressed that the two cases presented to the country’s highest court are highly relevant, not only for Yucatán, but for the entire Federation.

“Not only because of its clear implications for the exercise of human rights by families made up of LGBTQ+ people, but because allowing the Yucatan Congress to decide to contradict the federal constitution would weaken the rule of law, leaving a negative and worrying precedent,” the Colectivo PTFY spokesperson concluded.

The Yucatan Times

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