Same-sex marriage in Baja California Sur
Same-sex marriage became legal in the Mexican state of Baja California Sur on 29 June 2019. On 27 June, the state Congress passed a bill legalizing same-sex marriage. The bill was shortly thereafter signed into law by the Governor and took effect on 29 June.
History
On 9 April 2010, the organization La Comunidad Sudcaliforniana en Diversidad Sexual proposed reforms to the Baja California Sur Civil Code to allow for same-sex marriage and adoption. No action was taken by Congress over the following years, as local politicians deflected the issue saying that the public must be consulted. Even after the granting of a collective amparo, members of the local Congress said that the issue of same-sex marriage had not been discussed and was not on the legislative agenda.On 25 March 2015, the Chief Justice of the Baja California Sur Supreme Court handed Congress a proposal to legalize same-sex marriage. On 15 April, a member of Congress told the media that analysis of the proposal would begin in May. On 17 May 2016, the International Day Against Homophobia, Transphobia and Biphobia, a PAN congresswoman announced that the proposal would be voted upon by the State Congress before 30 June. She also indicated that PAN was in favor of modifying the Civil Code to allow for same-sex marriage to be legal. No vote took place, however, and the proposal was put in the "legislative freezer".
The July 2018 elections resulted in MORENA and other pro-same-sex marriage parties winning a majority of legislative seats in Baja California Sur. In September 2018, several deputies promised to have the same-sex marriage initiative approved by Congress. On 27 June 2019, the state Congress approved the bill to legalize same-sex marriage, in a 14-5 vote, with one abstention. It was signed by Governor Carlos Mendoza Davis the same day and published in the official journal on 28 June. The law took effect the following day.
Article 150 of Baja California Sur's Civil Code now reads as follows:
- in Spanish: El matrimonio es la unión libre de dos personas para realizar la comunidad de vida, en donde ambos se procuran respeto, igualdad y ayuda mutua, mediante la cohabitación doméstica y sexual.
| Political party | Members | Yes | No | Abstain | Absent |
| National Regeneration Movement | 8 | 8 | |||
| Independents | 7 | 3 | 3 | 1 | |
| Institutional Revolutionary Party | 1 | 1 | |||
| National Action Party | 1 | 1 | |||
| Labor Party | 1 | 1 | |||
| Party of the Democratic Revolution | 1 | 1 | |||
| Humanist Party of Baja California Sur | 1 | 1 | |||
| Partido de Renovación Sudcaliforniana | 1 | 1 | |||
| Total | 21 | 14 | 5 | 1 | 1 |
Injunctions
In August 2014, 14 women and 4 men requested a collective injunction against Articles 330 and 150 of the Baja California Sur Civil Code which banned same-sex marriage. The injunction was granted by the First Chamber of the Supreme Court on 9 March 2016.On 21 October 2014, the first amparo in Baja California Sur was granted, declaring articles 330 and 150 of the Civil Code unconstitutional, and on 27 November 2014, a group of 20 people presented an injunction for same-sex marriage in La Paz.
On 10 April 2015, a First District judge approved an injunction involving 36 couples.
By 20 August 2016, 180 people had been granted the right to marry, many via so-called collective amparos.
Public opinion
A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 59% of Baja California Sur residents supported same-sex marriage. 36% were opposed.According to a 2018 survey by the Instituto Nacional de Estadística y Geografía, 42% of the Baja California Sur public opposed same-sex marriage.