Mexican Court Says Same-Sex Marriage Ban is Unconstitutional

In a lawsuit filed by three same-sex couples against the state of Oaxaca, Mexico’s Supreme Court unanimously agreed that a state law stating that “one of the purposes of marriage is the perpetuation of the species” is unconstitutional.

The court said in its ruling that to condition marriages to the union of one man and one woman “violates the principle of equality.”

Currently, same-sex marriage is only legally allowed in Mexico City, where a same-sex marriage law was enacted in 2010.

Okay, America.  We are about to be the last country in North America to prevent two consenting adults from get married.  Mexico is 83% Catholic, and they are well on their way to doing the right thing on this issue.

Time to get it together.

About Jessica Bluemke

Jessica Bluemke grew up in the suburbs of Chicago and graduated from Ball State University in 2008 with a BA in Literature. She currently works as a writer and resides on the North side of Chicago.

  • Richard Wade

    And another finger in the Catholic Church’s death grip on the throat of civilization begins to loosen.

  • Chad Casarotto

    “…last country in North America to **prevent** two…”

  • DR

    Bermuda is a part of North America, and it’s nowhere near allowing same-sex marriage. In fact, it wasn’t that long ago that being gay was punishable by imprisonment in Bermuda. So the US is not likely to be the last refuge of the bigots; Bermuda will be.

  • Russian Alex

    Congratulations to all loving same-sex couples in Mexico! I only wish the US wasn’t so much behind times…

  • Hemant Mehta


  • Jordan Sugarman

    Hey, we’re doing our part here in Washington (first same sex marriage licenses issued today!). Rest of the country: get your $#@&# together.

  • Baal

    ” Mexico is 83% Catholic,”  <– that's what makes this post so interesting.  I'm sure the Pope is currently livid in his livery over this.  It's great that equality won but it's at least as much a victory that the Catholic Church could not or did not get the ruling to not happen.

  • Octoberfurst

     Excellent news! As others have pointed out Mexico is overwhelmingly Catholic but yet the gay marriage ban was struck down as unconstitutional.  I am sure the church is outraged but who cares?  Eventually gay marriage will be recognized all over the world as a right. :-)

  • Coyotenose

    The Atlanta City Council just unanimously voted in favor of a resolution supporting equal marriage rights.

    Atlanta is miles ahead of my state of North Carolina.


  • dorothy30

    if you’re in the US and reading this, the next time you hear someone rant against gay marriage, ask them to check their map and see if Canada is still on it. Gays were granted legal rights here in 1999, gay marriage became legal in some provinces starting in 2003, and  nationwide in 3005. And yup, we’re still here. It’s become such a non-issue that most of us hear very little about it anymore. It doesn’t make the news. The country hasn’t fallen apart over it. The only time i read anything about gay marriage now is in news from elsewhere.

  • Corey

    In the Boston area, and I am sure in pockets throughout the USA, there are Catholic Churches that accept Gays. I am sure these are the ones that also have been black listed by the Vatican, and get no economical help like most Catholic Churches do. One here in Boston is ‘Dignity Boston’: “gay, lesbian, bisexual, transgendered Catholics & allies” who mention many more on their webpage under “links”; American Catholic Church Diocese of California, American Catholic Church in Nevada, National Association of Catholic Diocesan Lesbian and Gay Ministries,Dignity/Arizona, Dignity/New York, Dignity/NY,Dignity/Washington,DignityUSA, … etc. I think the Vatican needs to realize they did a crappy job running churches; letting child rapist to keep raping and not holding them accountable is the first thing that comes to mind. I also think its similar to how our Founders said FU to the Queen, and cut themselves off from that entity that they saw as inadequate, and still, America survived on its own and became recognized as its own country. The Vatican may lose many of its churches the same way.

  • The marmot™

    The 90% is catholic… but as I call them “Party Catholics” (Católicos de Fiesta) only present in festivities or parties (Christmas, baptism, weddings and funerals). Not at church every sunday.
    Good for us the capital (Mexico City) is ruled by a leftist government so yes we have abortion rights and gay marriage. And the pope and the church tell is work of satan and go bananas with it.

  • Andrew B.

     Yes, very much congratulations for your hard work and perseverance!

  • Ann

    “The perpetuation of the species”? I think that humans are doing a pretty darn good job of perpetuating ourselves with or without gay marriage.

  • Carmelita Spats

    Mexico also has had openly atheist politicians, even aggressive, vocal, anti-theists…I’ve always felt that Mexico had a much better grasp of the separation of church and state than the U.S. due to a LOOONG history of visceral, bloody, power struggles between the secular government and the Catholic Church. If you get married in Mexico, the civil marriage and the religious marriage are two separate events that take place in two different locations. If you only get married by the church, your marriage is NOT recognized by the state. The Catholic church FOUGHT civil marriage in Mexico back in the 19th century.  In fact, heterosexual Mexican Catholics are always told that if they get married through a civil ceremony only and sidestep the Catholic marriage, they are FORNICATORS, they are living in sin,  and may NOT receive the sacraments. Thus, I’ve never understood why the Catholic Church gives a damn about the definition of civil marriage which they don’t even recognize!!!! The history of the Catholic Church in Mexico makes for an interesting read…See also, Cristero Wars.

  • Chris Bristol

    Hey! A fellow North Carolinian! I only  know (literally) a couple of other atheists here (and I was starting to think we were alone).

  • Librepensadora

    Jessica:  In counting the countries of North America which have marriage equality, were you including the Central American countries?

  • amycas

     Hail Atlanta!

  • OregoniAn

     Jealous (but thrilled) that you got there first – and determined to join you as soon as we can. Sh!t all lined up and preparing to march!

  • Usclat

    Since the days when Benito Juarez enacted the first official separation of the Catholic Church (and all religion) from the State in the famous Reform Laws or “Ley de la Reforma” enacted into the Mexican Constitution in 1857, the Mexican government – for the most part – has been fiercely secular. In Mexico City even more. But the rest of Mexico was not going to be different.

    My maternal grandfather came to Mexico from Spain as a boy and his family settled in the state of Jalisco in the late 1910′s. He went on to fight on the side of the “Cristeros” who, with the help of many global Catholic interests, rebelled against a newly minted federal government that was born of a bloody revolution intended to destroy all power not vested in the Mexican people and including the ties to Rome. Well, my grandfather lost. Yet, he went on to live a long and prosperous life that saw him become a leading politician in Jalisco. 

    The point? The courts ruling in Mexico comes as no surprise to the many who understand Mexico’s violent struggle to be secular. 

  • Aguz

    Many Catholic countries accept gay marriage (Spain, Belgium, Argentina, etc) so is not that surprising, really. 

  • drakvl

    This cannot be. All I’ve been hearing from Republicans about immigrants from Mexico is how they’re social conservatives who just don’t know it yet!

  • mints11

    church and state separation is a big deal here…
    let’s hope the new president doesn’t screw it all

  • mints11

    And yet, news are filled with festivities of the virgen of guadalupe today..