Supreme Court Rules Against Same-Sex Marriage Ban in Baja California
Washington Blade
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June 26, 2014
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The Mexican Supreme Court

The Mexican Supreme Court on Wednesday ruled a law that bans same-sex marriage in the state of Baja California is unconstitutional.

The decision came in the case of a gay couple who brought a legal challenge — known as an “amparo” in Mexico — after officials in the city of Mexicali denied their request for a marriage license.

“The exclusion of marriage to same-sex partners goes against the self-determination of people and each individual’s right to freely develop their personality,” reads a press release that announces the court’s decision. “In addition, it implicitly generates a violation of the principle of equality, because it gives differential treatment to same-sex couples with respect to heterosexual couples.”

The court also concludes the “reproductive function or perpetuation of the species” and “the formation of a family is not, in any way, the purpose of marriage.”

“Each person will determine what they will do as they wish, as part of the free development of their personality, whether that is through the institution of marriage — heterosexual or not — or of another type of union,” it says.

The Baja California decision is the latest in a series of rulings from the Mexican Supreme Court in support of marriage rights for same-sex couples.

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