Dear friends and clients:
On November 9th the Chamber of Deputies rejected the proposal of President Enrique Peña Nieto regarding egalitarian marriage, which was presented to the Congress of the Union on May 17th, 2016, which proposed the following:
1. Reform Article 4th of the Constitution, in order to establish the right of people over 18 years old to marry, as well as the protection of that right, which cannot be restricted by ethnic or national origin, gender, disability, social status, health conditions, religion, sexual preferences, or any other that violates human dignity.
2. Reform, add and repeal various dispersions of the Federal Civil Code in order to:
a. Guarantee the right of same-sex persons to contract marriage on an equal basis with heterosexual persons.
b. Establish equal conditions for people of the same sex regarding their right to adopt.
c. Ensure gender identity.
d. Establish divorce without expression of cause.
e. The updating of other legal figures that regulate the Federal Civil Code, such as kinship by affinity, the obligation of birth registration and gender equality, in order to harmonize the legal provisions contained in said Code in accordance with the constitutional principles of Equality and avoid discrimination against persons or groups.
The proposal was rejected by the Constitutional Points Commission, with 19 votes against, eight in favor, and one abstention. The lawmakers stated that it is up to each entity to legislate in civil matters and that, if the initiative is endorsed, it could conflict with the autonomy of the states.
Another of the arguments made at that session was that the Constitution does not prohibit marriage between people of the same sex, so they considered that it is not necessary to make any changes in our Constitution on this issue.
For more information on the content of this provision, we invite you to contact us.
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