March 25, 2010

The law that legalizes same-sex marriage and adoption in Mexico City goes into effect today. Mexico City's passage of this law has angered the Catholic Church and the president of Mexico (President Calderon and his conservative National Action Party). Mexico allows the federal district of Mexico City to pass their own laws, and Mexico City's center-left Democratic Revolution Party (PRD) has been able to advance liberal legislation. In recent years, Mexico City's PRD-dominated Legislative Assembly has recognized civil unions, instituted no-fault divorce, legalized abortion in the first trimester, and gave terminally ill patients the right to refuse treatment. Now they have legalized same-sex marriage and legalized gay people to adopt -- a first in Latin America.

Many gay couples in Mexico City are planning on getting married. Mexican actress Jesusa Rodriguez will marry her partner after 30 years together. Another couple planning to get married -- Reyna and Sandra -- expressed their happiness that the new law grants equality and security. Reyna and Sandra have been together 36 years. Reyna, who is a literature professor, has cancer and is on chemotherapy. She said, "This way, [Sandra] is protected. She will get my pension, our house, everything from the life we built together."

Advocates of the law say that there has been no popular backlash against the law. A Mexican intellectual said, "There has been a campaign by the church and the right, but not by the people. There is still a lot of machismo, but not as much as there used to be -- and not nearly as much as people believed." An opinion poll in November by El Universal newspaper found that 50% of Mexico City respondents accepted gay marriage and 38% opposed it. Residents aged 18 to 39 were more likely to be supporters. In a completely-legitimate-I'm-sure survey by Calderon's conservative party found that more than half of those polled opposed same-sex marriage and 74% oppose adoption by gay couples.

Critics of the law have promised to challenge same-sex marriage. Gay rights activists fear there will be a backlash and that conservative provincial leaders will chip away at same-sex marriage. For example, after abortion was legalized, states altered their constitutions to say that life begins at conception. There also are concerns among gay couples and activists about the legal complications with binational couples. For instance, one couple that plans to wed includes a Mexican native and a California native. When they get married, their marriage will not be recognized in California. This can effect benefits and also citizenship. Mexicans who marry partners from countries that recognize same-sex marriage, such as Spain and Canada, could ask for citizenship; but their spouses would not be eligible for the same in Mexico. One gay rights activist said, "If a heterosexual couple gets married, they're automatically eligible for citizenship." Still, advocates say the law is a significant milestone and a very important first step forward. (Full Story)