Same-sex marriage in Colima


Same-sex marriage became legal in the Mexican state of Colima on 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage in the state passed the Congress of Colima and was published as law in the state's official newspaper on 11 June 2016. It came into effect the next day.

Civil unions

On 4 July 2013, the State Congress approved an amendment to Article 147 of the state Constitution to formalize same-sex civil unions. Within 30 days, seven of Colima's ten municipalities had approved the constitutional change. An appeal to the changes was filed and the Supreme Court agreed in August 2014 to review it. Deliberations began at the Supreme Court in September 2014 to determine whether the new Civil Code which provided only "wedlock" for same-sex couples and "marriage" to opposite-sex couples was discrimination via sexual orientation. On 18 March 2015, a district judge declared that "separate but equal treatment is discriminatory" and unconstitutional. The decision also stated that section 201 of the Civil Code, which defined gendered roles for men and women, was discriminatory and reiterated that adoption open to heterosexual married couples must also be open to homosexual couples. Shortly after the ruling, a local LGBT rights group announced that it would help any couple who joined in a civil union to receive a marriage certificate. The state appealed the ruling and on 17 June 2015, the Mexican Supreme Court agreed that the "separate but equal" union laws were unconstitutional. The state subsequently announced that the civil union law would be repealed.
On 5 May 2016, Colima's Congress unanimously repealed their partnership law through reform of Article 147. All previous partnerships performed before the repeal of the civil union legislation are recognised by the state and can be converted to marriage upon request.

Marriage

Injunctions

On 22 January 2013, the civil registrar of Cuauhtémoc received a request from a same-sex couple to marry. After a team of lawyers reviewed the petition on 27 February 2013, Mayor Vizcaíno Indira Silva, from the municipality of Cuauhtémoc, granted the first same-sex marriage license in Colima. On 25 March 2013, a second same-sex marriage occurred. A third same-sex marriage in Cuauhtémoc was held on 4 April 2013 for a lesbian couple and the registrar announced at the time that there were 20 to 30 marriages scheduled on the calendar. On 9 June 2013, a male gay couple was granted an injunction to marry.
On 14 June 2013, Judge Rosa Lilia Vargas Valle, of the Second District Court, ruled that the Colima Civil Code was unconstitutional in limiting marriage to opposite-sex couples.

Constitutional ban

On 4 July 2013, the State Congress approved an amendment to Article 147 of the Colima Constitution defining marriage as the union between a man and a woman, thus constitutionally banning same-sex marriage.
On 5 May 2016, the State Congress unanimously repealed Colima's constitutional ban on same-sex marriage, paving the way for a bill legalizing same-sex marriage in the state to be approved.

Legislation

Following the Mexican Supreme Court's ruling on 17 June 2015 declaring that a "separate but equal" treatment for same-sex couples is discriminatory and unconstitutional, the Party of the Democratic Revolution submitted a same-sex marriage bill to Congress. The bill would also allow same-sex couples to adopt children jointly.
A vote on the legislation was scheduled for May 2016. The bill was approved on 25 May 2016 in a unanimous 24-0 vote. It was published in the state's official journal on 11 June 2016 and came into effect the following day.
Political partyMembersYesNoAbstainAbsent
National Action Party1313
Institutional Revolutionary Party871
Citizens' Movement11
New Alliance Party11
Labor Party11
Ecologist Green Party of Mexico11
Total25241

Statistics

The following table shows the number of same-sex marriages performed in Colima, as reported by the National Institute of Statistics and Geography.

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 47% of Colima residents supported same-sex marriage. Another 47% were opposed.
According to a 2018 survey by the Instituto Nacional de Estadística y Geografía, 39% of the Colima public opposed same-sex marriage.