Monday, August 20, 2012

Mexico Supreme Court Orders All States To Recognize Mexico City Gay Weddings

With marriage equality still working its way through the federal courts towards the U.S. Supreme Court, south of the border the Supreme Court of Mexico has handed down a ruling that should make it even more difficult for its American equivalent to refrain from striking down the Defense of Marriage Act or avoid ruling that bans on same sex marriage are unconstitutional.  What am I talking about? A ruling today by Mexico's Supreme Court that requires ALL states in Mexico  to recognize the validity of same sex marriages conducted in Mexico City.  Huffington Post has these details:

Mexico's Supreme Court ruled Tuesday 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.

In a 9-2 decision, the tribunal cited an article of the constitution requiring states to recognize legal contracts drawn up elsewhere.

Mexico City's same-sex marriage law, enacted in March, extends to wedded gay couples the right to adopt children, to jointly apply for bank loans, to inherit wealth and to be covered by their spouses' insurance policies. Some of those may end up applying only in the capital.

The parallels in the Mexican ruling to the outcome under the Full Faith and Credit Clause of the U.S. Constitution are striking.  Indeed, but for DOMA, the non-gay marriage states would be forced to recognize same sex marriages that are legally performed in other states.


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