Guanajuato Recognizes the Right to Equal Marriage for LGTB+ Community

Published January 8th, 2021

The Secretary of the Government of Guanajuato has instructed the General Offices of the State Civil Registry to allow Egalitarian Marriage [requirements] for all. Guanajuato was one of the Mexican states that had not, until now, modified its requirements for equal marriage requirements. In September, the Parliamentary Group of the Green Party (PVEM) presented before the court an amendment to the Constitution and the Civil Code for the State of Guanajuato on the matter of equal marriage requirements.

Deputy Gerardo Fernández González pointed out the need for recognition of people’s equal rights, which must be totally independent of their sexual preference or orientation. He argued that “although state congresses have the freedom to regulate civil status, said power is limited by the fundamental right to equality and non-discrimination expressed in international treaties and in the Federal constitution. Therefore, any law of a Federal entity that considers that the purpose of marriage is procreation and that it must be celebrated between a man and a woman is unconstitutional.”

The revision to this amendment submitted last month was to add three clauses that recognize and guarantee the right to marriage between people of the same sex in the state to the Political Constitution for the State of Guanajuato and to the Civil Code for the State of Guanajuato. These were: family, marriage, and cohabitation. It highlighted that homosexual couples are equivalent to heterosexual couples; therefore there is no justification for their exclusion from marriage. This argument was presented in light of the historical legacy of extreme prejudice and discrimination in the past.

Following these arguments, it was not until December 20, 2021, that the proposal was accepted and the government of Guanajuato recognized the right to non-discrimination based on sexual orientation. The right to a civil union is supported by the following Articles: 1, 4, and 19 of the Federal Constitution; Article 1 of the Local Constitution; and Article 2.1 of the International Covenant on Civil and Political Rights. It is also part of the jurisprudence of the Supreme Court of Justice of the Nation that establishes the duty of authorities to grant and ensure the protection of inalienable human rights, and the prohibition of all forms of discrimination based on opinions, sexual preferences, marital status, or any other that violate human dignity.

According to members of the LGBT+ community, it is important to emphasize that the amendment does not mean the legalization of homosexual marriage but rather the recognition of the right to marry with equal requirements. Previously, homosexual marriage was not “illegal,” but there was a long list of obstacles to doing so. To mention a few that were in effect prior to the reforms in the Civil Registry Code, homosexual couples, unlike heterosexual couples, had to go through various procedures prior to marriage. They had to initiate amparo lawsuits, which were expensive at 8-20,000 pesos. The news of the reform implies that legal procedures and amparo lawsuits will no longer be necessary for same-sex marriages within the State of Guanajuato, “It is a right that all people have. Without discrimination due to their sexual preference, couples can be married by a Civil Registry official, if so requested, and without the need for legal recourse,” claims a statement issued by the State agency.

Now there are now only six states in the Mexican Republic that have yet to recognize this right to non-discrimination. The 26 states where this right is already in effect are Baja California, Baja California Sur, Sinaloa, Coahuila, Nuevo León, San Luis Potosí, Nayarit, Jalisco, Colima, Michoacán, Oaxaca, Campeche, Chiapas, Quintana Roo, Yucatán, Chihuahua, Puebla, Tlaxcala, Morelos, CDMX, Hidalgo, Aguascalientes, Querétaro, Sonora, Zacatecas, and now Guanajuato.

However, the opinion of civilians is not all positive. L.C.C. Jacob Castillo Arriaga, a Guanajuato citizen who is part of the LGBT+ community, commented, “Although I see clearly that the Guanajuato Government now recognizes this right equally, and does not support the vision of a conservative party, there is still a gap. It is necessary for the state Chamber of Deputies to reform the Civil Code. The impetus has not been from an effort of the state (or the state government), but rather from the people who fought for the changes. The State Government is complying with the order of the Supreme Court of Justice. This order came from the executive power, and in the next few days we will see the actions the Chamber of Deputies take.”

There are many views regarding the conservative nature of the Guanajuato government. Cristian Moreno Loza, Coordinator of the current Secretariat of Municipal Youth for PAN in Leon, shared that, “Above all, we are a humanist party. One of the party’s pillars is total respect for individuals and human rights. I believe the amendment will be positive for the community, allowing the exercise of rights without discrimination.”

Some public figures in Guanajuato have expressed their support of this new reform on social networks. One is Juan Pablo Delgado, a founding member of León Libre, who tweeted “Today Guanajuato joins the list of states that allow equal marriage requirements. The need to reform local law continues, but a huge step has been taken in the construction of a society that offers equal conditions for all people. Long live diversity.” This celebrates the strengthening of values such as equality, gender equity, and the gradual eradication of discrimination.