Post submitted by Ashley Fowler, former HRC Global Coordinator

The Supreme Court of Mexico ruled on Tuesday that a 2013 law passed in the state of Campeche that forbids same-sex couples in civil unions from adopting is unconstitutional. 

Article 19 of the Regulatory Law of Civil Societies of Coexistence of the state of Campeche was struck down in a 9-1 vote. The judges, with the exception of one, agreed that couples united under civil union law should be afforded the same constitutional rights as those united in marriage, including the right to adopt. 

“Are we going to prefer to have children in the street, which according to statistics exceed 100,000?” argued Judge Luis Maria Aguila. “We attend, of course, and perhaps with the same intensity or more, to the interests of the child.”

In June, the Mexican Supreme Court ruled that it was unconstitutional to deny same-sex couples the right to marry. However, the ruling did not directly confirm same-sex marriage nationwide. Same-sex couples must still undergo a lengthy and costly legal process before being permitted to marry in most Mexican states. 

Judge Arturo Zaldivar Lelo de Larrea concluded that Article 19, “Really is discrimination between heterosexual couples and same-sex couples.” He went on to say that “marriage is forbidden for people of the same-sex” and, while different-sex couples have the choice of marriage, “the only possibility for same-sex couples is this civil union.”

With the overwhelming majority of judges voting in favor of allowing same-sex adoption, this ruling indicates that the Supreme Court of Mexico is ready to push for LGBT equality efforts at the federal level. 

Filed under: Adoption, International

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