Friday, August 06, 2010

Mexico City's Marriage Law Upheld by Supreme Court

In yet another ruling in a foreign nation that indicates that more and more supreme courts get the concept of equality under the civil laws far better than the false "fierce advocate" in the U.S. White House, the Supreme Court of Mexico upheld Mexico City's law allowing same sex couples to marry in that city. Among opponents of the law were the morally bankrupt, child rapist protecting Roman Catholic Church bishops. It has yet to be determined whether the Court's ruling will impact other areas of Mexico. I congratulate the Mexican Supreme Court for not caving into those who continue to seek to use the civil laws to inflict the religious views of some on other citizens. Would that the Virginia Supreme Court - and Justices like Antonin Scalia - could grasp this simple concept. Also, note that the ruling was 8-2 for upholding the law. Here are highlights from Google News:
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The Mexican Supreme Court ruled Thursday that a fledgling law allowing same-sex marriages in Mexico City is constitutional, rejecting an appeal by federal prosecutors who argued that it violated the charter's guarantees to protect the family.
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The justices have not yet determined the scope of their 8-2 ruling, however, saying they still need to decide whether it will affect states outside of the capital. The court must also still rule on the constitutionality of a provision of the Mexico City law that lets same-sex couples adopt children. It is expected to address that issue Monday.
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"We are very happy," said Mexico City lawyer Leticia Bonifaz, who argued the capital's case. "It fell to us to carry to a conclusion a struggle that has taken a long time." Justices who voted on the majority side stressed that while Mexico's constitution enshrines protection for families, it does not define what a "family" is.
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Hundreds of couples have been married so far under the six-month-old law, the first of its kind to be enacted in Latin America when it took effect March 4.
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[J]udge, Jose Fernando Franco, argued that "procreation is not an essential element of marriage." "Those who wish to procreate are free to do so, not only within marriage but in any way they see best, and this happens and can happen in heterosexual marriages, and those that are not, or among single persons," Franco said.
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Rev. Hugo Valdemar, the spokesman for Mexico City's Roman Catholic Archdiocese, said "we regret this ruling because in our opinion, it affects the fundamental nucleus of the family."
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City authorities said that as of earlier this week, 320 couples had been married under the law: 173 weddings between men and 147 between women. Argentina became the first country in Latin America to legalize marriage for same-sex couples with a law approved in July. Mexico City remains the only city in Mexico with a similar law.
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If nothing else, the ruling is encouraging because it shows gays have more and more options of where to move should the U.S. Supreme Court overturn this week's ruling in Perry v. Schwarzenegger. Who would have thought that Latin American countries would get the concept of equal protection more quickly than the theocratic leaning USA.

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