Same-sex marriage in Mexico

Part of the LGBT rights series
Legal status of same-sex unions
Marriage Andorra Argentina Australia Austria Belgium Brazil Canada Chile Colombia Costa Rica Cuba Denmark Ecuador Estonia Finland France Germany Greece Iceland Ireland Luxembourg Malta Mexico Nepal Netherlands1 New Zealand2 Norway Portugal Slovenia South Africa Spain Sweden Switzerland Taiwan United Kingdom3 United States4 Uruguay Recognized Israel5
Civil unions and registered partnerships Bolivia Croatia Cyprus Czech Republic Hungary Italy Israel5 Latvia* Liechtenstein Monaco Montenegro Netherlands:   • Aruba San Marino United Kingdom:   • Bermuda   • Cayman Islands
Minimal recognition Bulgaria6 Cambodia:7   • 68 communes China:8   • Hong Kong9 India10 Japan11   • 460 jurisdictions Lithuania6 Namibia12 Netherlands:1   • Curaçao   • St Maarten Poland6 Romania13 Slovakia6
See also Same-sex union legislation Same-sex union court cases Timeline of same-sex marriage Recognition of same-sex unions in Africa Recognition of same-sex unions in Asia Recognition of same-sex unions in Europe Recognition of same-sex unions in the Americas Recognition of same-sex unions in Oceania Marriage privatization Divorce of same-sex couples Domestic partnership Military policy Adoption Listings by country LGBT rights by country or territory
Notes 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. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands. UK: Neither performed nor recognized in six British Overseas Territories. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities. 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. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights. Romania: Hospital visitation rights through a "legal representative" status. * Not yet in effect
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Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption (such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system) have also applied to same-sex couples across the country.^[1] Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.^[2]

Only civil marriages are recognized by Mexican law, and all proceedings fall under state legislation.^[3] On 12 June 2015, the Supreme Court of Justice of the Nation ruled that state bans on same-sex marriage violate the federal constitution. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, but required judges and courts throughout Mexico to approve all applications for same-sex marriages, and any marriage law that that was changed and did not recognize same-sex marriage would be declared unconstitutional and invalidated.^[4]

By 31 December 2022, Mexico City and all Mexican states had legalized same-sex marriage, either by legislation, executive action, or Supreme Court order.^[5][6] However, marital rights are not necessarily equal when it comes to adoption: only 20 of the 31 Mexican states, plus Mexico City, have civil codes that allow same-sex couples to adopt, though in other states same-sex couples can adopt through the court system under jurisprudence established by the Supreme Court. In 4 of the 31 Mexican states, marriage licenses are issued to same-sex couples despite not being allowed under state law; they may take more time to process or be more expensive than licenses for opposite-sex couples.

Same-sex civil unions (Spanish: sociedad de convivencia, pronounced [sosjeˈðað ðe kombiˈβensja])^[a] are legally performed in Mexico City and in the states of Campeche,^[8] Coahuila, Michoacán,^[9] Tlaxcala and Veracruz.^[10] From 2013 to 2016, they were also performed in the state of Colima, but were replaced by same-sex marriage legislation.^[11] They were also performed in Jalisco beginning in 2014, but the law was struck down on procedural grounds in 2018.

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