Comunicados @HRW sobre decisión de la SCJN #matrimonioDF

Rulings Support Same-Sex Marriage

"Proposition 8 denies people the equal protection of the laws, a fundamental human right. Judge Walker's exhaustive legal analysis showed that Proposition 8 was based on fear and prejudice for which there was no legitimate state interest."
Boris Dittrich, advocacy director in the lesbian, gay, bisexual and transgender rights program
California Court, Mexico’s Supreme Court, Play Important Role in Right to Equality

August 10, 2010
(New York) - Two landmark rulings on same-sex marriage were issued last week - a US district court struck down Proposition 8's ban on gay marriage in California, and Mexico's Supreme Court recognized the right to same-sex marriages in Mexico City. Both rulings uphold the core principle of equality for same-sex partners in all aspects of their lives, including family life.

In California, a federal court said that society has moved away from a time when different genders played different and distinct roles in marriage and in their communities. As a result, society has moved toward marriage as an institution that is "free from state-mandated gender roles."

"The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household," read Judge Vaughn R. Walker's decision. Regardless of their gender, spouses have an obligation to each other and their children, the decision read.

California first legalized marriage for gay couples in May 2008, and more than 18,000 lesbian and gay couples married in California in the following months. Proposition 8, a state referendum that narrowly passed in November, withdrew the right to marry from gay and lesbian couples and put those existing marriages at risk.

"Proposition 8 denies people the equal protection of the laws, a fundamental human right," said Boris Dittrich, advocacy director in the lesbian, gay, bisexual and transgender rights program. "Judge Walker's exhaustive legal analysis showed that Proposition 8 was based on fear and prejudice for which there was no legitimate state interest."

The case is being appealed and will likely reach the US Supreme Court.

In the Mexico case, the Supreme Court upheld a law that Mexico City's legislators passed in December, 2009, allowing gay and lesbian couples to marry. Mexico's highest court voted 8-2 in favor of the same-sex marriage provision.

Later this week, the Supreme Court is expected to rule on whether same-sex marriages formed in Mexico City will be recognized across the country and whether same-sex couples can legally adopt children.

The decision followed a legal challenge to Mexico City's law.

On the issue of same-sex adoption, Human Rights Watch said that all couples should be allowed to exercise their right under international law to form families. Human Rights Watch has urged Mexico to guarantee equality for same-sex couples and to recognize the existence of various types of families.

Currently, same-sex marriages are legal in nine countries - the Netherlands, Belgium, Spain, Canada, South Africa, Iceland, Norway, Sweden, and Argentina.

The California and Mexico decisions demonstrate the important role courts can play in protecting everyone's right to equal protection and to be fee from discrimination under the law. Ultimately, however, it will be up to the government to ensure that these rights are respected both in policy and practice.

http://www.hrw.org/en/news/2010/08/10/rulings-support-same-sex-marriage
© Copyright 2010, Human Rights Watch

Mexico: Landmark Adoption Ruling for Same-Sex Couples


The Supreme Court's ruling confirms that the state cannot withhold any legal rights on the grounds of a person's sexual orientation and gender identity. This decision will have resonance for courts throughout the continent for protecting the basic human rights of LGBT people.
Juliana Cano Nieto, researcher in the LGBT rights program at Human Rights Watch
Supreme Court Ruling Follows Decision Upholding Marriage Rights

August 16, 2010
The landmark ruling on August 16, 2010, by Mexico's Supreme Court recognizing the right of same-sex couples to adopt children in Mexico City upholds the core principle of equality for lesbian, gay, bisexual, and transgender (LGBT) people in all aspects of their lives, including family life, Human Rights Watch said today.

Mexico's high court voted 9-2 to guarantee adoption for these couples. Last week it decided in favor of the right to same-sex marriage and made clear that other states in the country have to recognize the same-sex marriages that take place in Mexico City.

"The Supreme Court's ruling confirms that the state cannot withhold any legal rights on the grounds of a person's sexual orientation and gender identity," said Juliana Cano Nieto, researcher in the LGBT rights program at Human Rights Watch. "This decision will have resonance for courts throughout the continent for protecting the basic human rights of LGBT people."

The Supreme Court's decision came in response to a challenge brought by the federal attorney general's office to the December 2009 law in the Mexico City federal district that extended the definition of marriage to include marriage between same-sex couples.

The attorney general's office contended that the law breached the concept of family and the "best interest of the child" guaranteed in the constitution by allowing LGBT couples to adopt.

The court, however, said that the definition of a family is not restricted to one formed by a man and woman. The court cited the European Court of Human Rights judgment in E.B. v France, which held that a single lesbian woman could not be denied the right to adopt a child due to her sexual orientation and reiterated that same-sex couples should have the same rights to adopt as heterosexual couples and single parents to fully guarantee equality and freedom from discrimination. Finally, it made clear that the "best interest" of the child is to have a loving family, regardless of the sexes of the family members.

"The Supreme Court's decision is clear cut: prejudice should not interfere in guaranteeing family rights," Cano Nieto said. "The other states in Mexico should follow suit."

With this decision, Mexico becomes the 11th country in the world to provide LGBT people equal access to marriage, along with the Netherlands, Belgium, Portugal, Spain, Canada, South Africa, Iceland, Norway, Sweden, and Argentina.

States including Iceland, the Netherlands, Spain, Sweden, and the United Kingdom allow same-sex couples to adopt children jointly. Uruguay allows adoption by same-sex couples joined by a civil union. Denmark, Germany, and Norway permit one lesbian or gay partner to adopt the other's children.

http://www.hrw.org/en/news/2010/08/16/mexico-landmark-adoption-ruling-same-sex-couples
© Copyright 2010, Human Rights Watch