The First Chamber of the Supreme Court of Justice of the Nation (SCJN) must resolve definitively whether it is possible to include more than two people in a marriage or cohabitation after a judge of Puebla declared unconstitutional the Civil Code of that entity for prohibiting this form of “polyamorous”.
The Presidency of the Supreme Court of Justice of the Nation (SCJN) admitted an appeal regarding a ruling issued by a federal judge for limiting marriage and cohabitation between more than two people. This opens the door to the possible recognition of multiple unions in Mexico.
The appeal in question was referred to Minister Jorge Pardo Rebolledo and the matter will have to be resolved in the First Chamber of the Supreme Court.
If it obtains a favorable resolution, with the vote of at least four members of the chamber, it would set a precedent for judges in the rest of the country.
This week the Court admitted the appeal against the sentence issued in May 2021 by the federal judge in Puebla, Pedro Arroyo Soto, where he declared unconstitutional articles 294 and 297 of the local Civil Code for limiting this type of affective contracts to only two persons.
Article 294 establishes that “marriage is a civil contract by which two persons unite voluntarily in society, to lead a life in common, with respect, mutual aid and equality of rights and obligations, while Article 297 defines cohabitation as “the voluntary and de facto union between two persons”.
According to the judge’s criteria, this legislation is discriminatory, since it prevents a person from marrying or living with more than one person in cohabitation. In addition, he considered the violation of the sexual preferences of persons seeking to formalize a polyamorous family.
The injunction was filed by Victor Toledo, who does not seek to maintain several marriages at the same time, but rather seeks the legal reconfiguration of the concept of marriage and cohabitation, all with the purpose of having multiple unions recognized at a national level. In Mexico, both bigamy and polygamy are crimes.
Some specialists consider that the opening for egalitarian marriages was because the main argument was discrimination against couples based on their sexual preference, but in this case, it is a lifestyle, which is not prohibited in the Civil Code of that entity and therefore could determine that there is no constitutional violation.
WHAT IS POLYAMORY?
Polyamory is a consensual form of relationship in which people have multiple simultaneous romantic or sexual relationships, with the knowledge and consent of all parties involved. Unlike traditional monogamous relationships, in which people are committed exclusively to each other, polyamorous relationships recognize and accept the possibility that a person may have romantic or sexual connections with more than one person at the same time.
It is important to note that polyamory is based on honesty, open communication and mutual consent between all people involved.
Each polyamorous relationship may have its own specific rules and agreements, which means that there is no single way to practice polyamory.
Some people may have hierarchical relationships, where one main relationship takes priority over others, while others may prefer non-hierarchical relationships where all relationships are considered equally important.
Polyamory is a conscious choice of the people who practice it and should not be confused with infidelity, which involves cheating on a partner or violating pre-established exclusivity agreements. In addition, polyamory is not suitable for everyone, as it requires a high degree of communication, trust and emotional management.
It is important to note that society and cultural norms may vary in their acceptance and understanding of polyamory, and not all people have the same opinion about this form of relationship. However, for those who choose to practice it, polyamory can be a valid and satisfying way to build loving and fulfilling relationships.