The Mexican state of Oaxaca will
legalize gay marriage after the nation's top court unanimously
declared its marriage law, which excludes gay and lesbian couples, to
be unconstitutional.
On Wednesday, the nation's Supreme
Court (la Suprema Corte de Justicia de la Nacion (SCJN)) sided with
three gay couples who wish to marry in the state.
Lawmakers on Thursday met to discuss
two proposals aimed at amending the state's civil code, which
currently defines marriage as a heterosexual union.
Unlike the U.S. Supreme Court, Mexico's
court does not have the authority to simultaneously strike down laws
throughout the nation. However, it's clear the ruling paves the way
for Mexico to legalize marriage equality now that such bans have been
deemed unconstitutional.
The federal municipality of Mexico City
first legalized such unions in 2009, and the Supreme Court has
previously ruled that those marriages must be recognized nationwide.
Salon.com
reported that the ruling could affect other Latin American
countries.
“The couples seeking to marry in the
Oaxaca case based their claims partly on protections in the American
Convention on Human Rights, which has legal force in many Latin
American countries. In saying that bans on same-sex marriage are
discriminatory, the court may establish a precedent that could be
used by LGBT activists throughout the region.”