Home Sinaloa News Imminent approval of equal marriage in Sinaloa

Imminent approval of equal marriage in Sinaloa

In the next period of sessions it will be a priority to modify articles 40 and 165 of the Sinaloa Family Code, deputies from Morena agreed.

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There are many issues in which there is legislative work to be done, but talk about some as equal marriage is to deal with an issue that has no turning back, as recognized by the deputy president of the Coordination Board Politics (Jucopo) in the Sinaloa Congress, Graciela Domínguez Nava. 

The legislator argued that in this line there is a pending backlog that has been the claim of groups of citizens seeking equality of conditions between heterosexual couples and between homosexuals before the law, so in the next regular period of the LVIII Legislature Progress will be priority.  

Francisca Abelló Jordá, president of the Gender and Family Commission of the State Congress, added to this position, explaining that there is a very large population that is demanding legalization of equal marriage, so they can not listen. deaf to this request, being a priority issue. “All laws for all people,” he said. 

History of struggle and neglect 

It is not known with precision how many couples in the state are waiting for the equal marriage to be legalized , however, it is clear that more and more groups are supporting and claiming equal ground in terms of rights for these citizens, because it is considered that by not allowing them to marry in marriage their human rights are violated.

In June 2016, former President Enrique Peña Nieto sent to the Congress of the Union a reform initiative to include in Article 4 the right to equal marriage, which also provides for adoption, as determined by the Supreme Court of Justice of the Nation to have a national model, but when faced with the autonomy of each state in its Family Code , it is the local deputies who have the competence to legislate so that this step is taken.

Since September 2014 the then PRI deputy Sandra Lara Díaz presented an initiative to reform the Family Code in order that the state should take the step towards this type of unions, however this initiative remained in the so-called “Freezer” for more of five years.

On the other hand, Merary Villegas Sánchez, as well as José Baltazar Rendón, were in charge of presenting the May 4, 2017 by the deputies of Morena in the LVII Legislature the proposal to seek this same end; Once again, the initiative was placed in the freezer, generating a sense of dissatisfaction among the groups that have searched for years for this process to take shape. 

It was not until Thursday, December 6, already in the LVIII Legislature, when the first reading was given to the initiative to reform articles 40 and 165 of the Family Code so that these civil unions can be legalized.

Santiago Ventura Cárdenas, representative of the Committee for Diversity in Sinaloa , who has been one of the most constant activists and reluctant to claim the same rights for these minorities, explained that rather than waiting for the next regular period to begin they require that they give an extraordinary session in which to discuss and vote, because the opinion is ready to be submitted to a vote in plenary.

“We have already been five years and two legislatures, this would be the third we are working with to change the articles 40 and 165 of the Family Code of the State of Sinaloa. Now with this legislature we must recognize that we have been working with much more openness and we consider that there is attention from the deputies, especially we have coordinated a lot with the deputy Graciela Dominguez. In what we have put the confidence now is that there is a special session before the next period begins, that is where you discuss and vote, because this initiative is already on track, the opinion is ready to be given your vote in the plenary session that this is what we have really looked for all this time. ” 

The activist commented that they are aware that there are some positions within the Congress against the approval of these modifications to open the way for same-sex marriage, however, he indicated that given the legal and legal arguments that support this initiative, that it is the most advanced that you have, they do not doubt that the deputies are committed to the defense of human rights and to equalize and equalize the rights of minorities. 

In 13 of the 32 states of the republic, there has been legislation in favor of equal marriage, being in this sense the City of Mexico a pioneer in taking that step towards equality, approving the union between same-sex couples on March 4. 2010. On May 3, 2012 in Quintana Roo, this type of union was also legalized. 
A year later, in 2015 Chihuahua (June 12) and Nayarit (December 23) followed the steps.  

2016 has been the year in which there have been more approvals in this area, since in five states the approval was given: in the case of Jalisco, it was granted on May 12, in Campeche on May 20, in Colima, the June 12, while in Michoacán and Morelos, on June 23 and July 5, respectively.   
In the case of Chiapas, it was on July 11, 2017 when the approval was finalized, while in Puebla it was held on August 1 of the same year. 

Baja California has been the last state where approval has been given, which was achieved just a few days later than in Puebla, on August 3, 2017. During 2018 no state joined this group where it is already legal to celebrate this type of unions. 
Nuevo Leon and Tamaulipas are federal entities where, as in Sinaloa, the groups of activists representing these minorities are waiting for the modification of the law to take place.

The formality that protects you before the law
“Roberto” and “Luis”, (fictitious names that will be used at the request of the interviewees to omit their identity), are a couple that having lived for more than seven years in concubinage they looked for last year legal your link. Beyond the romantic connotations that can surround this intention, are framed also to give legal certainty and count before the law with all the benefits that marriage recognizes a couple, they point out. 

“We had to go to Mexico City to get married because here in the state it is not yet possible to do it, obviously because the importance and speed that this requires has not been given, because as things are now it is inconceivable that they continue without recognizing that our rights in all senses must be the same regardless of race, social status, or in this case sexual preference. We are all human beings and deserve as such the same treatment before the law, ” said Luis. 

Not because they are above the money, but the same desire to formalize that union as a couple before the law is what made them run with all the expenses that the transfer generates, however they point out that not all couples in the state are in the same conditions, that is what limits those who intend to join their lives in marriage but can not leave the state. 

“It is not only for us this fight, it is for all our friends, acquaintances and for all the people that deserve to be recognized before the law as marriages, that is why we want that in Sinaloa the equal marriage is legal. We know many couples who have a whole life together, of course they would like to give legality to their union and that if any of them are missing they can preserve benefits and protection before the law as it happens between heterosexual couples. “

Although the state has not yet approved equal marriages, it does recognize the equal marital unions that have been made in other jurisdictions, this happens throughout the country. 

In Sinaloa through judicial protection there are those who have managed to get a judge to grant them a union, although the demand of these groups goes further. They point out that the times are not enough to continue fomenting the discrimination of their rights from public institutions, so they trust that the legislators give approval in the short term.  

It is time, this struggle has been undertaken for years, society and the government should be open to all equally, is not asking anything outside the legal and fair, “he said.

Source: El debate

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