The court's ruling is considered a "jurisprudential thesis" and does not invalidate any state laws, meaning gay couples denied the right to wed would still have to seek individual injunctions.
It is also important to notice that a same sex marriage performed in any state is valid in all of the other states in Mexico, even if any particular state has no laws that allow it, according to federal law.
A landmark decision, issued on 29 January 2014, was the first injunction for marriage recognition in Puebla.
Chile case, 5 December 2012 that: 1) Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violated federal law requiring that they "correspond to all persons without any distinction" and 2) That such laws were unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form a family.
Barring legislative will to change State laws, a provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it.
In addition, courts in all states must approve marriage licenses for same-sex couples when petitioned to do so; so far, individual cases of same-sex marriage have occurred in every state.
Same-sex civil unions are legally performed in Mexico City and in the states of Campeche, and Tlaxcala.
In late November 2009, the leading party at the Legislative Assembly of the Federal District (ALDF), the Party of the Democratic Revolution (PRD), announced that it was fine-tuning an amendment to the civil code to legalize same-sex marriage in Mexico City, a project endorsed by the local head of government, Marcelo Ebrard, but strongly opposed by the second largest political force in the country, the right-of-center National Action Party (PAN) and the Roman Catholic Church.
The bill found support from over 600 non-governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and Amnesty International (AI).
, CDMX Netherlands: · Netherlands proper New Zealand: · New Zealand proper Norway Portugal South Africa Spain Sweden United Kingdom: · England and Wales · Scotland · AX and DX, AC, AQ · IO, GI, GG*, IM, PN United States: · United States proper · GU, MP, PR, VI · some tribal jurisdictions Uruguay Japan: · Iga, Naha, Setagaya · Shibuya, Takarazuka Liechtenstein Malta Netherlands: · Aruba* Slovenia Switzerland Taiwan: · CG, CH, CS, HH, · KH, NT, TG, TN, · TP, TY, IL United Kingdom: · Northern Ireland · Jersey Same-sex marriage is performed without restriction in Mexico City and in the states of Campeche, Chihuahua, Coahuila, Colima, Jalisco, Michoacán, Morelos, Nayarit and Quintana Roo, as well as in certain municipalities in Guerrero, Puebla, Querétaro and Tamaulipas.
Legislation to change the laws covering same-sex marriage is currently pending in several states.
It also stated that the National Human Rights Commission considers differentiated marriage constructions for same-sex couples (such as civil unions) to be discriminatory.