After three attempts, the State Congress approved equal marriage in Yucatán.
This reform aims to rethink the terms: instead of considering marriage as exclusive «between a man and a woman», it proposes that it be a «union between two people».
Among the approved provisions is established:
Sole Article.- The second and third paragraphs of Article 94 of the Political Constitution of the State of Yucatán are modified to read as follows:
Marriage is an institution through which the free and voluntary legal union of two people with equal rights, duties and obligations is established to carry out the community of life where both respect and mutual help are sought.
The State recognizes that it is of vital interest to society that in the union of two people they establish limits regarding age, physical and mental health.
A few days ago, the Supreme Court of Justice of the Nation (SCJN) had invalidated the vote with which the Yucatan Congress rejected the legalization of same-sex marriage in the state, so legislators should do it again.
In 2015, the SCJN declared that it was unconstitutional to prohibit marriage to same-sex couples for going against the principle of non-discrimination, so the only solution was for local congresses to modify their legislation.
However, there are 11 local Congresses that have refused to correct their civil and family codes. Same-sex couples who wish to marry in these entities only have the option of demanding an amparo lawsuit, so that a federal judge can order the marriage, on a case-by-case basis.
In 2019, after the Yucatan Congress rejected an initiative to allow equal marriage, the PTFY Collective filed an amparo lawsuit against the Yucatecan Legislative Power for going against the provisions of the SCJN and for breaching its duty. to adapt its legislation with international human rights treaties.
Source: EL UNIVERSAL
