Same-sex couples have effectively been able to marry nationwide in Mexico since June 2015, although couples continue to face roadblocks or hurdles in some states.  

In eighteen of Mexico’s 31 states (and the federal capital, Mexico City), same-sex couples can marry immediately. In the other 13 states, same-sex couples must seek a personalized injunction (an amparo) from a federal judge, which can be a time-consuming and expensive process, although the judge may not refuse the amparo

The requirement on judges resulted from a 2015 ruling by the Supreme Court of Justice of the Nation (SCJN) that declared all bans on marriage equality unconstitutional. The Supreme Court, however, has no power to end all states’ bans simultaneously, and can only force individual states’ bans out of existence in specific situations.

Same-sex marriages performed within Mexico are recognized by the 31 states without exception, and fundamental spousal rights (such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system) also apply to same-sex couples across the country.  

On January 10, 2017, the Parliament of Mexico approved the right for civil unions between same-sex couples. The decision was made with 68 votes in favor, with 11 against.

Court Rulings from Mexico

Ruling from the Mexico Supreme Court on Civil Marriage (2014)

A second ruling from the Mexico Supreme Court on civil marriage.

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Ruling from the Mexico Supreme Court on Civil Marriage

On December 5, 2012 the Supreme Court of Justice in Mexico ruled in favor of three same-sex couples in Oaxaca, writing that laws restricting marriage to different-sex couples violated federal law and are unconstitutional. The ruling did not immediately establish civil marriage for same-sex couples nationwide but did affirm that same-sex couples who obtain an injunction in any state can marry. 

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