Legal Commentary

SSM in Mexico

By Dale Carpenter

While we?ve been focusing on whether proponent-intervenors have standing under Article III to defend a citizen initiative, gay marriage is taking hold in Mexico. Over the past few weeks, that country?s supreme court has decided three important cases on the issue.  On March 4, Mexico City?s council voted to recognize SSM. In the first of its decisions, the supreme court agreed that Mexico City had the power to recognize SSMs under that country?s federalist system.  Second, it held that such marriages are valid throughout the country. Today, it held that Mexico City had the power to include adoptions by same-sex couples in its marriage law.

This isn?t the same thing as saying that Mexico now fully recognizes gay marriages in the way that, say, Canada does. But it appears that we?re pretty close, since Mexico City undoubtedly has the country?s greatest concentration of gay couples and it seems relatively easy for couples from other parts of the country to obtain a marriage license there.  I?d welcome any insights on the latter point, especially, by those who actually know something about marriage law there.

Full post as published by The Volokh Conspiracy on August 16, 2010 (boomark / email).