Same-sex marriage in San Luis Potosí

A decision of the Mexican Supreme Court on 12 June 2015 resulted in a ruling which found that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, meaning same-sex couples denied the right to wed would still have to seek individual injunctions (amparo) in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory.

In July 2013, a male couple applied for a marriage license, but were rejected based on the decision that same-sex couples were not entitled to marry under state law. They were granted the right to marry by the First District Court on 3 June 2014.[1][2] On 26 March 2014,[3] couple Jonathan Llanas and Gadiel Martínez applied for a marriage certificate at the civil registry office in San Luis Potosí City, but were rejected. They filed for an injunction, which was approved on 4 August 2014 by the Sixth District Court.[4] On 7 August 2014, the Civil Registry filed a counter-injunction to avoid recording the marriage.[5] An appeal was denied by an appellate court in October 2014 and the registry was ordered to conduct the marriage.[6] In early September 2014, a lesbian couple applied for a marriage license in the city of Ciudad Valles.[7]

In November 2014, the State Human Rights Commission announced that it was reviewing two complaints from parties who had received injunctions to marry but were still being denied marriage certificates by the Civil Registry.[8]

By January 2017, 20 injunctions had been granted to same-sex couples in the state.[9] In May 2019, Paul Ibarra Collazo, president of local LGBT group Red de Diversificadores Sociales, announced that 150 same-sex couples had married in the state by that time. Ibarra Collazo estimated that the injunction process takes between one to two months to be resolved, and the cost of the process to be between 4,000 to 15,000 pesos.[10]

A citizens' initiative to legalize same-sex marriage was proposed in San Luis Potosí in 2014. It was submitted to the state Congress on 28 April 2014. On 8 August 2014, the deputy chairman of the Commission on Human Rights and Gender Equity, Miguel Maza Hernández, said that analysis of the proposal would begin shortly.[11] On 17 June 2015, Maza Hernández announced the state's commitment to extending marriage to same-sex couples and stated that deliberations would occur after the June 2015 Supreme Court ruling, which declared all same-sex marriage bans unconstitutional nationwide, is published in the judicial gazette. Maza Hernández added that although no laws prevented same-sex couples from adopting,[12] Congress would prefer to amend the Family Code to codify equal adoption rights along with passing a same-sex marriage law.[13]

On 6 June 2016, it was announced that a special committee would study the marriage bill and vote on it within 90 days.[14] In November 2016, the state Congress voted against the bill legalizing same-sex marriage.[15] A deputy from the Party of the Democratic Revolution (PRD), who had mistakenly voted against the bill, announced he would introduce a new same-sex marriage proposal in 2017.[16]

The new bill was introduced in October 2017.[17] After the July 2018 elections resulted in the National Regeneration Movement (MORENA) winning a plurality of legislative seats in Congress, the bill to legalize same-sex marriage was approved in a vote of 14–12 with 1 abstention on 16 May 2019.[18] It was subsequently signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.[19][20] It allows same-sex couples to adopt children jointly.[21]

Article 15 of the Family Code was amended to read:[22]

• in Spanish: El matrimonio es la unión legal entre dos personas, libremente contraída, basada en el respeto, con igualdad de derechos, deberes y obligaciones, que hacen vida en común, con la finalidad de proporcionarse ayuda mutua, formando una familia.
• (Marriage is the legal union of two people, freely contracted, based on respect, with equal rights, duties and obligations, that establishes a life together, with the purpose of providing mutual assistance and forming a family.)

Political party[23]	Members	Yes	No	Abstain
National Regeneration Movement	6	6
National Action Party	6		6
Institutional Revolutionary Party	5	1	4
Labor Party	2	2
Party of the Democratic Revolution	2	2
Ecologist Green Party of Mexico	2		1	1
New Alliance Party	1		1
Citizens' Movement	1	1
Social Encounter Party	1	1
Concicenia Popular	1	1
Total	27	14	12	1