Supreme Court Grants Injunction to 39 Gay Plaintiffs Against Oaxaca Marriage Law
Patricia Mayorga - Proceso
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May 1, 2014
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The First Chamber of the Supreme Court of Justice of the Nation (SCJN) granted an injunction to 39 gay plaintiffs from Oaxaca against article 143 of the Civil Code of the State which defines matrimony as the union between a man and a woman.

The only vote against was that of Minister Jorge Pardo, while his colleagues Arturo Zaldívar, Olga Sánchez Cordero, José Ramón Cossío y Alfredo Gutiérrez considered this law discriminatory and unconstitutional.

The injunction was filed on May 17, 2012, but a District judge dismissed the case as it was considered that the plaintiffs did not have a legitimate interest in challenging the regulation [they were not couples seeking to marry]. The 39 plaintiffs therefore filed an appeal for judicial review, which was referred to the SCJN and on Wednesday, April 23, the First Chamber concluded that the decision to stay the proceedings was incorrect.

The SCJN concluded that the plaintiffs did have a legitimate interest in the case and granted the injunction.

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