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  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Same-sex marriage has been legal in Nayarit since 23 December 2015. A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day. Nayarit was the fourth Mexican state to legalise same-sex marriage after Quintana Roo, Coahuila and Chihuahua.

Legal history

Background

See also: Same-sex marriage in Mexico § México Igualitario Project

In July 2014, a male couple was allowed to hold Nayarit's first same-sex wedding after a federal judge ruled that the state's same-sex marriage ban was unconstitutional. [1] [2] The couple married in the state capital of Tepic. Also that same month, four lesbian couples filed an amparo against civil registry officials in Tepic after their application for marriage licenses had been rejected. [3] On 31 October 2014, the LGBT group Asociación Civil de CODISE announced that nine couples were awaiting decisions on amparos in the courts. [4] On 3 November 2014, a lesbian couple were married in Tepic (the second same-sex marriage in the state), [5] and on 13 November the state's third same-sex marriage was held for a lesbian couple, who had been granted an amparo to marry on 22 October. [6]

The fourth same-sex marriage in Nayarit took place in the second week of December 2014, making it the third lesbian union in the state. [7] On 27 January 2015, the fifth same-sex marriage occurred in Tepic between two women. It was the first marriage in which the amparo had been approved by local authorities rather than the federal district courts. [8] [9]

Legislative action

On 13 March 2015, activists introduced a proposal to legalise same-sex marriage to the Congress of Nayarit. [10]

On 25 June 2015, Deputy Luis Manuel Hernández Escobedo from the Party of the Democratic Revolution (PRD) introduced a new bill to allow same-sex couples to marry and make the definition of concubinage gender-neutral. [11] On 17 December 2015, Congress approved the bill 26–1 with 1 abstention. [12] [13] The bill was published in the official state journal on 22 December, following Governor Roberto Sandoval Castañeda's signature, and took effect the following day. [14] The law ensures that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, etc., but notably excluding adoption rights.

Article 135 of the Nayarit Civil Code now reads as follows:

  • in Spanish: El matrimonio es un contrato civil, por el cual dos personas, se unen en sociedad para realizar vida en común, procurando entre ambos respeto, igualdad y ayuda mutua.
  • (Marriage is a civil contract whereby two people unite to establish a community of life, seeking respect, equality and mutual aid.)

Article 136 now reads as follows:

  • in Spanish: El concubinato es la unión de hecho entre dos personas, que realizan en forma continua, pública e ininterrumpida una vida en común de manera notoria y permanente, sin que medie vínculo matrimonial entre sí, o con terceras personas.
  • (Concubinage is the de facto union between two people, who continuously, publicly and uninterruptedly build a community of life in a clear and permanent way, without establishing a marital bond between themselves or with a third party.)
Political party [15] Members Yes No Abstain Absent
Institutional Revolutionary Party 15 14 1
National Action Party 6 4 1 1
Party of the Democratic Revolution 5 5
Labor Party 2 2
Ecologist Green Party 2 1 1
Total 30 26 1 1 2

Adoption and parental rights

The same-sex marriage legislation did not address adoption rights for unmarried or married same-sex couples. [11] In October 2016, a federal judge ruled that the daughter of a married lesbian couple must be registered with the surnames of both her mothers. The judge argued that denying the application for registration of the newborn violated the interests of the child and violated the right to identity (i.e. name, nationality and affiliation). [16] A few days later, the civil registry announced that it would continue to refuse to register children with the surnames of their same-sex parents unless Congress changed the law or if more amparos were granted by the courts. [17] In July 2023, a law went into effect permitting lesbian couples to register their child(ren) with the surnames of both mothers. [18]

It was revealed in May 2018 that 8 same-sex couples were filing adoption applications. [19] According to a 2017 survey by the National Council to Prevent Discrimination, 44% of the Nayarit population supported adoption by same-sex couples. [20] In February 2022, a government official confirmed that same-sex couples are permitted to adopt. [21]

Marriage statistics

The following table shows the number of same-sex marriages performed in Nayarit since legalization in 2015 as reported by the National Institute of Statistics and Geography. [22]

Number of marriages performed in Nayarit
Year Same-sex Opposite-sex Total % same-sex
Female Male Total
2015 12 4 16 5,607 5,623 0.28%
2016 28 21 49 5,660 5,709 0.86%
2017 37 17 54 5,309 5,363 1.01%
2018 69 44 113 5,352 5,465 2.07%
2019 81 37 118 5,323 5,441 2.17%
2020 54 47 101 3,775 3,876 2.61%
2021 73 42 115 4,663 4,778 2.41%

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 50% of Nayarit residents supported same-sex marriage, while 47% were opposed. [23]

According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the Nayarit public opposed same-sex marriage. [24]

See also

References

  1. ^ "Se consumó en Tepic matrimonio gay que había quedado pendiente". Periodico Avance. 1 July 2014. Archived from the original on 6 July 2014.
  2. ^ "Tribunales confirman validez del matrimonio gay en Nayarit". El Economista. 8 July 2014. Archived from the original on 4 March 2016. Retrieved 23 December 2015.
  3. ^ "4 parejas de mujeres solicitan casarse en Tepic". nayaritenlinea.mx. Archived from the original on 2019-04-20. Retrieved 2015-12-23.
  4. ^ "Nueve parejas gay buscan casarse en Nayarit". nayaritenlinea.mx. Archived from the original on 2019-04-20. Retrieved 2015-12-23.
  5. ^ "El Universal - Los Estados - Legalizan matrimonio de dos mujeres en Nayarit". El Universal. 27 July 2015. Archived from the original on 4 November 2014. Retrieved 23 December 2015.
  6. ^ "Segunda boda entre mujeres en Nayarit". La Jornada. Archived from the original on 2017-08-02. Retrieved 2015-12-23.
  7. ^ "Realidades de Nayarit _". periodicorealidadesmx.com. Archived from the original on 2016-03-13. Retrieved 2015-12-23.
  8. ^ Administrator. "Celebra Registro Civil Matrimonio Monoparental Entre Mujeres". elpulsodenayarit.com. Archived from the original on 2016-03-06. Retrieved 2015-12-23.
  9. ^ Se Formalizó Matrimonio De Personas del Mismo Sexo
  10. ^ Adán Rentería. "Comunidad gay entrega iniciativa al Congreso". Periódico Enfoque Nayarit. Archived from the original on December 24, 2015.
  11. ^ a b "Iniciativa con proyecto de decreto, que reforma diversas disposiciones del Código Civil para el Estado de Nayarit, para reconocer el matrimonio entre personas del mismo sexo" (PDF). Archived (PDF) from the original on 2015-12-22. Retrieved 2015-12-23.
  12. ^ "Aprueba el Congreso de Nayarit los matrimonios gay" (in Spanish). La Jornada. December 17, 2015. Archived from the original on December 20, 2015. Retrieved December 18, 2015.
  13. ^ "Fourth Mexico state legalizes gay marriage". Archived from the original on 2019-07-30. Retrieved 2016-01-17.
  14. ^ "Periodico Oficial, Organo Del Gobierno Del Estado De Nayarit" (PDF). 22 December 2015. Archived from the original (PDF) on 17 January 2016.
  15. ^ "RESULTADOS TOTALES DE VOTACION" (PDF). Archived (PDF) from the original on 2015-12-24. Retrieved 2015-12-23.
  16. ^ (in Spanish) Hija de matrimonio igualitario deberá ser registrada con apellido de sus dos madres Archived 2019-04-20 at the Wayback Machine
  17. ^ (in Spanish) Naya Vidal: Parejas igualitarias sólo pueden registrar hijos con amparo Archived 2018-05-23 at the Wayback Machine
  18. ^ "Matrimonios igualitarios ya pueden registrar a sus hijos". Nayarit Noticias (in Spanish). 3 July 2023.
  19. ^ (in Spanish) Ocho parejas entre personas del mismo sexo en Nayarit realizan trámite para adoptar Archived 2019-04-20 at the Wayback Machine
  20. ^ (in Spanish) 40% de los potosinos aprueba que parejas gay adopten: Conapred Archived 2019-04-20 at the Wayback Machine
  21. ^ Gil, Oscar (22 February 2022). "Parejas del mismo sexo pueden adoptar libremente en Nayarit". Meridiano (in Spanish).
  22. ^ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2020-02-03.
  23. ^ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine, Gabinete de Comunicación Estratégica
  24. ^ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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