By the way, Mexico basically legalized gay marriage a couple weeks ago
4 replies, posted
[quote]In ruling after ruling, the court has said that state laws restricting marriage to heterosexuals are discriminatory. Though the decisions have been made to little public fanfare, they have had the effect of legalizing gay marriage in Mexico without enshrining it in law.
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A major turning point occurred this month when the court expanded on its rulings to issue a decree that any state law restricting marriage to heterosexuals is discriminatory.
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The ruling does not automatically strike down the state marriage laws. But it allows gay couples who are denied marriage rights in their states to seek injunctions from district judges, who are now obligated to grant them.[/quote]
[url=http://www.nytimes.com/2015/06/15/world/americas/with-little-fanfare-mexican-supreme-court-effectively-legalizes-same-sex-marriage.html?_r=0]NYT[/url]
Basically, even though it's not "legal" through state laws, if recognition of a gay marriage is denied and it's challenged in court, then a marriage must be recognized.
So it doesn't necessarily void gay marriage bans but allows people to take their case to court on the grounds of discrimination to overturn it?
Any specific reason why they don't straight up legalize it?
[QUOTE=Octopod;48068985]So it doesn't necessarily void gay marriage bans but allows people to take their case to court on the grounds of discrimination to overturn it?
Any specific reason why they don't straight up legalize it?[/QUOTE]
Unlike the US the Supreme Court in Mexico can't just override or undo law. The Federal government must recognize the unions, and therefore so must state governments, but state governments can still ban them until overridden because that's the law. Federalism in Mexico is a lot more powerful than in the US.
[QUOTE='[Seed Eater];48068995']Unlike the US the Supreme Court in Mexico can't just override or undo law. The Federal government must recognize the unions, and therefore so must state governments, but state governments can still ban them until overridden because that's the law. Federalism in Mexico is a lot more powerful than in the US.[/QUOTE]
Alright thanks, sounds good.
While this is all good I guess, I just think it's kind of funny how the court has to work around their own government to "allow" gay marriage.
I didn´t know of this, neither my family or friends.
My facebook tryhard religious friends should have been complaining to the heavens right now,
so I´m guessing that this was declared very quietly or "under the table".
This is good news!
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