Laws

MEXICO

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Censorship, Freedom of Expression
  Civil Unions
Custody of Children
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Surrogacy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

Article 646 of the Civil Code provides that the age of majority is 18 years [R1.1].

Article 262 of the Federal Penal Code provides that –

Whoever has sexual intercourse with person aged twelve and under eighteen, consent obtained by deception, will be applied for three months to four years in prison (machine translation) [R1.1].

R1.1 Federal Criminal Code (in Spanish)
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1.

State

On 14 December 2015, the Tabasco State Legislature voted 21-9 passing legislation to close the door to foreign couples and male gays looking to have a child by surrogacy, restricting the option to Mexicans [R1.1].

R1.1 EdgeMediaNetwork: Mexican State Banning Surrogacy for Male Gays, Foreigners 15 DEC 15
Censorship, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

Courts & Tribunals

On 06 March 2013, the Supreme Court ruled 3–2 that anti-gay slurs like “maricon” and “puñal”, are offensive and discriminatory and no longer protected under the country's freedom of speech lawss [R1.1].

R1.1 SFGN: Anti-Gay Slur 'Maricon' No Longer Protected Under Freedom of Speech Laws in Mexico 07 MAR 13
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE]
1.

National

On 10 January 2017, the Parliament reportedly finally approved 68-11 the right for civil unions between couples in the LGBT community. (On 03 June 2015, the Mexican Supreme Court ruled that state laws restricting marriage only to heterosexual couples were discriminatory) [R1.1].

2.

State

On 29 July 2013, Colima state legislature approved a change in the state's constitution that legalizes same-sex civil unions, providing gay couples with numerous social benefits similar to those of married couples [R2.5].

On 11 May 2012, the House of Representatives was reported to have voted 252–80 with 15 abstentions to amend social security law, granting gay couples access to medical and social security benefits [R2.4].

On 09 November 2010, the House of Representatives voted 232– 58 in favour of amending social security rules to include medical and social benefits for same-sex couples. The measure now goes to the Senate for debate [R2.3].

In 2007, the northern state of Coahuila amended the law to offer same-sex partners some of the rights of marriage [R2.2].

In 2007, it was reported that Hidalgo also recognised same-sex partners, however this has not be confirmed [R2.1].

3.

Cities & Towns

In 2006, same-sex civil unions were legalised in Mexico City [R3.3].

Previously:

In December 2002, the City of Mexico Commissioners approved a measure to recognise same-sex couples [R3.2].

The measure had to be passed by the Assembly before becoming law.

In December 2000, Legislators in Mexico City were planning to introduce legislation that would grant legal recognition to gay and lesbian couples and allow them to adopt children [R3.1].

4.

Cities & Towns

On 29 January 2014, the Supreme Court ruled 3-2 that the same benefits married heterosexual couples receive must be extended to gays and lesbians who have either married or entered into civil unions [R4.1].

R1.1 Konbini: Mexico Finally Recognises Same Sex Marriage 13 JAN 17
R2.5 LesVegasSun: Mexican state approves same-sex civil unions 30 JUL 13
R2.4 GayStarNews: Mexico grants social security benefits to gay couples 11 MAY 12
R2.3 365Gay.com: Mexico House votes for same-sex couple benefits 10 NOV 10
R2.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R2.1 bnews: Making A Commitment 03 MAY 07
R3.3 PinkNews.co.uk: Mexico City becomes first Latin American capital to legalise gay marriage 22 DEC 09
MCV: Welcome to Uruguay 03 JAN 08
R3.2 Gay.com Mexico: Mexico City Commissioners Approve Same-Sex Unions 09 DEC 02
R3.1 The Advocate: Mexico City to Consider Gay Rights Law 16-18 DEC 00
R4.1 WashingtonBlade: Mexican Supreme Court rules on gay partner benefits 31 JAN 14
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

National

On 09 June 2003, Mexican president Vicente Fox signed the new federal antidiscrimination measure [R1.1].

The law requires federal agencies to take steps to eliminate discrimination and calls for a campaign to promote tolerance in society. It also makes it illegal to discriminate against people on the basis of "ethnic or national origin, sex, age, disability, social or economic condition, conditions of health, pregnancy, language, religion, opinions, sexual preferences, or civil status" [R1.1].

But the measure's far-reaching goals seem contradictory in light of its narrow enforcement options. A new National Council to Prevent Discrimination is supposed to receive and act upon complaints. Violators, however, will not be subject to criminal penalties [R1.1].

2.

Regional

In March 2001, Article 205b of the Aguascalientes Penal Code set punishments of "six months to two years in prison, a fine of fifty to two hundred days and twenty five to one hundred days of community service to anyone who on the basis of age, gender, pregnancy, marital status, race, language, religion, ideology, sexual orientation, skin color, nationality, origin or social position, work or profession, economic status, physical character, disabilities or health status

  • provokes or incites hate and violence
  • in the exercise of his professional, trade or business activities refuses services to a person who is entitled to it
  • ostracizes or excludes a person or group with those actions causing material or emotional harm
  • denies or restricts work rights" [R2.3].

In September 1999, the General Assembly of the Federal District (Mexico City) approved and passed a legislative motion that was the first to recognize sexual orientation as a human right in Mexico [R2.2].


In July 1998, Mexico City's Human Rights Commission, the gay group Arcoiris and Congresswoman Patria Jimenez unveiled a booklet which spells out 19 rights in areas such as education, health care, employment, free expression and free association [R2.1].

3.

Cities & Towns

On 20 April 2014, Jorge, 24, and Alan, 26, were arrested and allegedly 'violently' forced into a van being accused of 'disturbing the peace' by police officers as they kissed on a street corner at around 10pm in La Paz, Baja California Sur. They were released after paying a fine of 300 pesos each ($23, €17) [R3.1].

R1.1 The Advocate: Mexico's New Antidiscrimination Law Decried As Too Weak 17 JUN 03
R2.3 IGLHRC: Stop Police Brutality, Arbitrary Arrests at Gay Bars 26 APR 02
Sydney Xpress News: Anti-Gay Discrimination Banned 22 MAR 01
R2.2 Colombian Lesbian & Gay Association (COLEGA): Mexican Anti-gay Discrimination Bill Approved 02 SEP 99
R2.1 Capital Q: Rights Spelt Out 31 JUL 98
R3.1 GayStarNews: Gay couple arrested, fined for kissing in Mexico 22 APR 14
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

States

On 14 November 2014, it was reported that Mexico City lawmakers approved 42-0 with 6 abstentions, a Bill proposed by Mayor Miguel Angel Mancera, that would legally allow transgender people to change their gender without the previously required court order [R1.2].

In August 2008, Mexico City's legislature passed a law making it easier for transgender people to legally change their names and obtain revised birth certificates that reflect their gender identity [R1.1].

2.

Cities & Towns

On 21 October 2002, the Tecate City Council passed an amendment to the city's "Police and Good Governance Act" that defines "men who dress as women and move around public places, causing perturbation" as a "moral offense", punishable with arrest and a fine equivalent to 40 days of the minimum wage (Article 34.15, Chapter VI) [R2.2], [R1.1].

In November 2002, Tijuana, council members promised not to enact the ordinance--after transvestites threatened to publicly reveal the names of officials who have solicited homosexual prostitutes [R2.1].

R1.2 gayapolis: Mexico City Lawmakers Approve Transgender Rights Bill 14 NOV 14
R1.1 The Advocate: Mexico City Approves Easier Transgender Name Changes 03 SEP 08
R2.2 IGLHRC ERN: Tecate, B.C. Mexico: Act Now to Protest Ordinance Against 'Men Who Dress as Women' 30 OCT 02
R2.1 The Advocate: Mexican Town Cracks Down on Cross-dressing 05 NOV 02

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Hate Crimes Legislation/Cases/References
1.

Regional

In March 2001, Article 205b of the Aguascalientes Penal Code set punishments of "six months to two years in prison, a fine of fifty to two hundred days and twenty five to one hundred days of community service to anyone who on the basis of age, gender, pregnancy, marital status, race, language, religion, ideology, sexual orientation, skin color, nationality, origin or social position, work or profession, economic status, physical character, disabilities or health status … provokes or incites hate and violence … " [R1.2].


In December 1998, it was reported that the Comisiín Ciudadana Contra Crímenes de Odio por Homofobia (Citizen's Commission Against Homophobic Hate Crimes) had documented 125 murders of homosexuals from April 1995 to May 1998. Many victims were found in circumstances of extreme violence, such as genital mutilation. According to the Commission, the police often dismisses these crimes as "crimes of passion" between homosexuals and refuses to investigate [R1.1].

R1.2 IGLHRC: Stop Police Brutality, Arbitrary Arrests at Gay Bars 26 APR 02
R1.1 IGLHRC: IGLHRC Celebrates the 50th anniversary of the UDHR 10 DEC 98
Health, Medical Legislation/Cases/References
1.

National

On 25 December 2012, the old health norm (NOM 003-SSA2-1993) that explicitly banned gay and bisexual men from donating blood based on their "practices" and their "increased probability of acquiring HIV or hepatitis infection" reportedly was replaced with the new norm (NOM 253-SSA1-2012) that eliminates specific bans on gay and bisexual men and instead bans blood donations from people with HIV or hepatitis and their partners and people who engage in "risky sexual practices" regardless of their sexual identity. If this report is correct, Mexico might be the first country in the American continent to lift such a ban [R1.1].

R1.1 Blabbeando: Mexico reportedly lifts gay and bisexual blood donor ban 25 DEC 12
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is lawful in Mexico (1872) [R1.2].

In December 1998, Mexico's Chamber of Deputies voted 473 to 0 with two abstentions to delete a Penal Code paragraph that made "homosexualism" and aggravating factor in the corruption of minors [R1.1].

2.

Cities & Towns

In January 1997, Guadalajara passed an ordinance making "abnormal sexual behaviour" unlawful [R2.1].

The city mayor said the words were not meant to describe homosexuality [R2.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.1 Capital Q: Mexico Repeals Last Anti-Gay Law 10 JAN 97
R2.1 Capital Q: New City Law in Mexico 10 JAN 97
Marriage Legislation/Cases/References
1.

National

On 10 January 2017, the Parliament reportedly finally approved 68-11 the right for civil unions between couples in the LGBT community. (On 03 June 2015, the Mexican Supreme Court ruled that state laws restricting marriage only to heterosexual couples were discriminatory) [R1.3].

On 09 November 2016, the Commission on Constitutional Matters was reported to have rejected 19-8, with one abstention, a measure that would have legalized same-sex marriage throughout the country, leaving individual couples in Mexico having to sue for the right to get married [R1.2].

On 03 June 2015, the Mexican Supreme Court ruled that state laws restricting marriage only to heterosexual couples were discriminatory saying, 'As the purpose of matrimony is not procreation, there is no justified reason that the matrimonial union be heterosexual, nor that it be stated as between only a man and only a woman'. The ruling means that gay couples denied marriage in their state may seek injunctions against district judges [R4.14].

On 10 August 2010, the Supreme Court ruled that all 31 states must recognize same-sex marriages performed in the capital, though its decision does not force those states to begin marrying gay couples in their territory [R4.2].

See also: 4. Courts & Tribunals below.


On 27 January 2010, Mexican federal prosecutors announced that they will try to overturn Mexico City's gay marriage law, which allows same-sex couples to adopt children, on the grounds it violates the constitution [R1.1].

See: Courts & Tribunals [R4.1]

2.

Provinces, States

On 12 May 2106, the Campeche congress endorsed same-sex marriage with 34 votes in favor and only one against. The amendments to the Campeche state Civil and Criminal Codes make Campeche one of the first Mexican states to allow union between persons of the same sex without any hindrance [R2.14].

On 17 December 2015, the local Nayarit congress has approved the modification of the Civil Code in Nayarit. Once this change has been published in the Diario Oficial de la Federación same-sex couples will be able get married in the entire state without the need for an appeal [R2.13].

On 11 June 2015, Governor César Duarte Jáquez was reported to have announced that his administration will no longer prevent gay couples from saying their vows. Marriage licenses are expected to be handed out from 12 June [R2.12].

On 02 September 2014, the Congress of Coahuila became the second state to approve (19-3) same sex marriages, modifying more than 40 articles of the State's Civil Law to give all the rights and obligations of a heterosexual marriage to homosexual couples, effective as early as next week [R2.11].

With the changes, the article reportedly states that marriage is "the union between two people with the possibility of procreating or adopting" [R2.11].


Civil Code for the State of Oaxaca

Title 5 Marriage, Chapter 1 Requirements for marriage

Article 143 – "Marriage is a civil contract entered into between a single man and a single woman, coming together to perpetuate the species and provide mutual assistance in life. [L2.10].

Artículo 143. – El matrimonio es un contrato civil celebrado entre un solo hombre y una sola mujer, que se unen para perpetuar la especie y proporcionarse ayuda mutua en la vida [L2.10].

Now see Courts & Tribunals [R4.9], [R4.5]


Civil Code for the State of Quintana Roo [L2.9]

Chapter ll of the substantive requirements for marriage

Article 697 . – For marriage, the man needs to be sixteen years of age and women fourteen …

Note: A “chronic, incurable and contagious” disease is an impediment for marriage as one of the requirements to solicit a marriage license is lab results of a medical test that certifies that the spouses have no sexually transmitted diseases or in its defect a special dispensation from a Family Court Judge allowing the marriage [R2.8].


On 18 March 2014, a lesbian couple only identified as Mary, 34, and Lucha, 32, became the first gay couple to marry in the Mexican state of Guanajuato [R2.7].

On 14 December 2013, lesbian couple Zaira de la O and Martha Sandoval were reportedly married in Jalisco after a judge granted them the right through an injunction [R2.6].

On 02 September 2013, a Chihuahua district judge's ruling on 22 August 2013 that the state must provide marriage licenses to same-sex couples, and giving government officials ten days to file a formal objection to the order, came into effect, the government having made no such objection [R2.5].

On 12 January 2012, La Reforma newspaper apparently reported that Quintana Roo Secretary of State Lois Gonzalez Flores had ordered a review of the legal situation with regard to same-sex marriages [R2.4].

On 01 January 2012, same-sex couples travelling to Quintana Roo were reportedly to be allowed to legally marry as the Quintana Roo's civil code, written in 1980, has no sex or gender requirements for marriage [R2.3].

On 30 November 2011, in Kantunilkin, Quintana Roo, Judge Maria Rosalia Balam granted Caamal Novelo and Areli Castro Garcia de Alba, both natives of the Mexican capital, and Sergio Arturo Monje Cruz and Manuel Reyes Chale de la Fuente from the cities of Merida and Tabasco, respectively, official marriage licenses [R2.2].

In February 2010, the five states of Guanajuato, Jalisco, Morelos, Sonora, and Tlaxcala were reported to be mounting a supreme court challenge to the new marriage equality law passed in Mexico City because they are concerned that the Mexico City law could oblige them to recognize same-sex marriages [R2.1].

3.

Cities & Towns

On 17 January 2015, Victor Fernando Urias Amparo and Victor Manuel Aguirre Espinoza were married in Mexicali City by a local judge. Previously Mexicali officials refused to allow them to exchange vows because a premarital counselor complained the two men "suffer from madness" even though the Mexican Supreme Court last June ruled Aguirre and Urias could legally marry after they sought legal recourse (see [ R4.10]) [R3.4].

On 22 December 2009, Mexico City reportedly became the first capital city to legalise gay marriage in South America. The new legislation will give gay couples equal rights when it comes to family social security benefits and loans and also the right to adopt [R3.3].

On 31 December 2009, Mayor Marcelo Ebrard reportedly refused to exercise his mayoral right to veto the Bill [R3.2].

On 29 December 2009, the law was published in the official government newspaper and will go into effect in 45 days [R3.1].

4.

Courts & Tribunals

On 26 January 2016, the Supreme Court of Mexico (Suprema Corte de Justicia de la Nación) ruled (28/2015) that Article 260 of the Jalisco Civil Code was unconstitutional for limiting marriage to heterosexual couples, so making same-sex marriage lawful in the State when the ruling is published [R4.17].

On 25 November 2015, the First Chamber of the Mexican Supreme Court of Justice ruled in favor of two gay couples, declaring Article 258 of Jalisco Civil Code to be discriminatory and unconstitutional, as it restricted matrimony to a union between a man and a woman, and ruling that Jalisco state authorities could not deny conjugal rights and benefits to gay couples seeking to marry [R4.16].

On 27 June 2015, the First Chamber of the Supreme Court of Justice (SCJ) resolved the amparo 823/2014 review proposal of Minister Jose Ramon Cossio Diaz, related to the law of the State of Colima, which states that marriage is limited to one man and one woman, but provides for a special figure, the "conjugal bond", which is between two people of the same sex, finding this marriage regime violates the right to equality and non-discrimination and the provisions and all the associated rules unconstitutional [R4.15].

On 03 June 2015, the Mexican Supreme Court ruled that state laws restricting marriage only to heterosexual couples were discriminatory saying, 'As the purpose of matrimony is not procreation, there is no justified reason that the matrimonial union be heterosexual, nor that it be stated as between only a man and only a woman'. The ruling means that gay couples denied marriage in their state may seek injunctions against district judges [R4.14].

On 15 April 2015, the Supreme Court ruled that Articles 40 and 165 of the Family Code of the State of Sinaloa banning same-sex marriage are inherently “discriminatory” in excluding same-sex couples [D4.13], [R4.12].

On 08 August 2014, eighteen gays and lesbians in La Paz, Baja California Sur, Mexico appealed to the Judicial Power of the Federation (PJF) and requested the Congress of State and Governor Marcos Covarrubias Villaseñor to amend Articles 330 and 150 of the Civil Code BCS to allow gay marriage, adoption, social security and all other rights enjoyed by straight Mexicans [R4.11].

On 25 June 2014, the Mexican Supreme Court ruled a law that bans same-sex marriage in the state of Baja California is unconstitutional, saying “The exclusion of marriage to same-sex partners goes against the self-determination of people and each individual’s right to freely develop their personality” [R4.10].

On 25 April 2014, a judge in the Supreme Court reportedly ruled Oaxaca state's ban on same-sex couples marrying to be unconstitutional, being in violation of Article 1, and also found it to be in violation of Article 143 of the country's Civil Code. The case was brought by 39 gay and lesbian Mexicans [R4.9].

On 29 January 2014, the Supreme Court ruled 3-2 that the same benefits married heterosexual couples receive must be extended to gays and lesbians who have either married or entered into civil unions [R4.8].

On 18 February 2013, the Supreme Court formally released a 56-page ruling – in the case brought by law student Alex Alí Méndez Díaz on behalf of the couples – that an Oaxacan law that bans same-sex marriage unconstitutional [C4.7], [R4.6].

On 05 December 2012, the Supreme Court ruled in favour of three gay couples seeking to marry in the state of Oaxaca, potentially opening the door for same-sex couples to marry nationwide. The case was brought by law student Alex Alí Méndez Díaz on behalf of the couples [R4.5].

On 23 August 2012, Second District Judge Roque Leyva Gustavo reportedly ordered the state of Oaxaca to perform homosexual “marriages” based on a recent constitutional amendment prohibiting discrimination based on “sexual preferences” [R4.4].

In 2010 a court ordered the Mexican Institute of Social Security to register and treat Judith Vázquez as the legal wife of Lol Kin Castañeda under the national health-care system. The Secretariat of Labor and Social Security appealed, but in January 2011 dropped the appeal, and indicated that it would treat as married all same-sex couples who married under Mexico City's new statutory provisions authorizing samesex marriages [R4.3].

On 10 August 2010, the Supreme Court ruled that all 31 states must recognize same-sex marriages performed in the capital, though its decision does not force those states to begin marrying gay couples in their territory [R4.2].

On 05 August 2010, the Supreme Court ruled that a law allowing same-sex marriages in Mexico City is constitutional. The court, however, must still rule on the adoption clause and whether the ruling will affect states outside of the capital [R4.1].

1. National
R1.3 Konbini: Mexico Finally Recognises Same Sex Marriage 13 JAN 17
R1.2 Mexico congressional committee rejects same-sex marriage measure 10 NOV 16
R1.1 The Advocate: Feds seek to overturn Mexico City gay marriage law 28 JAN 09
2. States
R2.14 TheYucatanTimes: Same-sex marriages now legal in Campeche 12 MAY 16
R2.13 PuertoVallartaDailyNews: Same-Sex marriages become legal in Nayarit 21 DEC 15
R2.12 GayStarNews: Mexico state of Chihuahua officially approves same-sex marriage 11 JUN 15
R2.11 telesur: Mexico’s Northern State Approves Same Sex Marriage 02 SEP 14
L2.10 Congress of Oaxaca: Civil Code for the State of Oaxaca PDF 1.09MB [in Spanish] (Accessed 29 AUG 12)
L2.9 Secretariat for Legal Affairs and Human Rights: Civil Code for the State of Quintana Roo PDF 2.21MB (Accessed 02 JAN 12)
R2.8 My Mexican Lawyer: Sexually transmitted diseases and marriage in Mexico 10 AUG 11
R2.7 OnTopMagazine: Lesbian Couple Marries In Mexican State Of Guanajuato 20 MAR 14
R2.6 The Advocate: Lesbian Couple First to Marry in Mexican State 15 DEC 13
R2.5 The Advocate: Gay Couple Wins Right to Marry in Chihuahua 05 SEP 13
R2.4 SDGLN: Same-sex marriages put on hold in Cancun resort areas 12 JAN 12
R2.3 The Advocate: Same-Sex Marriages Legal in Cancun 01 JAN 12
R2.2 Latin American Herald Tribune: Mexican State's Loosely Worded Law Allows 2 Gay Couples to Wed 04 DEC 11
R2.1 The Advocate: Mexican States Challenge Gay Marriage 18 FEB 10
3. Cities & Towns
R3.4 WashingtonBlade: Gay Mexican couple marries 18 JAN 15
R3.3 PinkNews.co.uk: Mexico City becomes first Latin American capital to legalise gay marriage 22 DEC 09
R3.2 PinkNews.co.uk: Mexico City mayor refuses to veto gay marriage legislation 31 DEC 09
R3.1 The Advocate: One Step Closer to Marriage in Mexico 29 DEC 09
4. Courts & Tribunals
R4.17 abcNEWS: Mexico Supreme Court Legalizes Gay Marriage in Jalisco State 26 JAN 15
R4.16 LatinAmericanHeraldTribune: Mexican Top Court Rules in Favor of Gay Marriage 26 NOV 15
R4.15 Supreme Court (in Spanish): The "Conjugal Bond" established in Colima violates the right to equality and non-discrimination No. 102/2015, 17 JUN 15
R4.14 PanAmPOST: Mexico’s Supreme Court Rules States Must Recognize Gay Marriage 16 JUN 15
D4.13 Press Release (in Spanish): Inconstitucional Normas de Sinaloa Que Excluye a las Pare Jas Del Mismo Sexo: Primera Sala No. 070/2015, 15 APR 15
R4.12 Towelroad: Mexican Supreme Court Strikes Major Blow For Marriage Equality In Sinaloa 17 APR 15
R4.11 GLBTNN: Gay marriage fight comes to Baja California Sur
R4.10 WashingtonBlade: Mexican Supreme Court rules against same-sex marriage ban 25 JUN 14
R4.9 GayStarNews: Judge rules Oaxaca, Mexico ban on same-sex marriage is unconstitutional 25 APR 14
R4.8 WashingtonBlade: Mexican Supreme Court rules on gay partner benefits 31 JAN 14
C4.7 Judgment: Amparo in Review No. 581/2012 (In Spanish)
R4.6 Washington Blade: Mexican Supreme Court finds gay marriage ban unconstitutional 19 FEB 13
R4.5 Xtra1: Mexico: Supreme Court strikes down gay marriage ban in Oaxaca 05 DEC 12
R4.4 LifeSiteNews: Mexican judge orders state to perform homosexual 'marriages' 23 AUG 12
R4.3 PinkPaper: Married Mexican gay couples granted spousal health coverage 10 JAN 11
R4.2 365Gay.com: All Mexican states must recognize gay marriages 11 AUG 10
R4.1 The Huffington Post: Mexico Gay Marriage: Court Upholds Capital's Same-Sex Marriage Law 05 AUG 10
Military Legislation/Cases/References
1.

National

As at October 2010, there is apparently no law or policy preventing homosexuals from serving in the miltary and applicants are not known to be questioned in regard to their sexuality however, there have been reports of outed gay members being subjected to severe harassment.

Further, it is believed that members of the military found to be homosexual are encouraged to withdraw or are dishonourably discharged.

The Code of Military Justice provides in Article 402 (Chapter VII, against military honor) for a sentence to two years imprisonment for members of "the military who commit indecent acts with each other or civilians, [in any] warship, buildings, military posts or points or any other agency of the Army".

In June 2003, it was reported that Directive Secretarial No. 87 described actions against morality or good customs within and outside the service (en contra de la moral o de las buenas costumbres dentro y fuera del servicio) as serious misconduct attracting disciplinary action [R1.1].

R1.1 M Semanal: Homosexualidad y Ejército (in Spanish) 17 OCT 10
Parenting, Adoption, Fostering Legislation/Cases/References
1.

Cities & Towns

In December 2009, Mexico City passed legislation that gave gay couples the right to adopt [R1.2].

On 29 December 2009, the law was published in the official government newspaper and will go into effect in 45 days [R1.1].

2.

Courts & Tribunals

On 11 August 2015, Mexico's Supreme Court ruled 9-1 that a 2013 law in the southeastern state of Campeche that forbids same-sex couples from adopting children is unconstitutional and struck it down [R2.2].

On 16 August 2010, in a 9–11 preliminary vote, the Supreme Court ruled that same-sex married couples have the right to adopt [R2.1].

R1.2 PinkNews.co.uk: Mexico City becomes first Latin American capital to legalise gay marriage 22 DEC 09
R1.1 The Advocate: One Step Closer to Marriage in Mexico 29 DEC 09
R2.2 InternationalBusinesTimes: Mexico Supreme Court Strikes Down Same-Sex Adoption Ban 12 AUG 15
R2.1 365Gay.com: Mexican Supreme Court rules in favor of gay adoption 16 AUG 10

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