Mexican Supreme Court rules on gay partner benefits

*This piece was originally published by Michael Lavers on Washington Blade on January 31, 2014.

Mexican Supreme Court rules on gay partner benefitsThe Mexican Supreme Court on Wednesday ruled the same-sex spouses of those who receive benefits under the country’s social security system must receive the same benefits as their heterosexual counterparts.

El Economista, a Mexican newspaper, reported the justices in a 3-2 ruling said the Mexican Social Security Institute – Instituto Mexicano del Seguro Social in Spanish – must extend the same benefits that married heterosexual couples receive to gays and lesbians who have either tied the knot or entered into civil unions.

José Alberto Gómez Barroso, who married his partner in Mexico City in 2012, sought legal recourse through the Mexican judicial system after officials denied his request to add his spouse as a beneficiary under the country’s social security system. A lower court last year dismissed Gómez’s case after he passed away.

“The court’s ruling without a doubt is cause for celebration,” Alex Alí Méndez Díaz, a lawyer who filed lawsuits in 2011 and 2012 on behalf of three same-sex couples who tried to apply for marriage licenses in Oaxaca, told the Washington Blade. “The Supreme Court has been at the forefront of taking up decisions in relation to the rights of the LGBT community in Mexico.”

The ruling comes against the backdrop of the movement in support of marriage rights for same-sex couples in Mexico that continues to gain momentum.

The Mexican Supreme Court last February ruled the Oaxacan law that bans same-sex marriage is unconstitutional. States must also recognize gay nuptials that have taken place in Mexico City since the Mexican capital’s same-sex marriage law took effect in 2010.

A lesbian couple last month exchanged vows in Guadalajara in Jalisco. Gays and lesbians have also married in Colima, Chihuahua and in Quintana Roo and Yucatán on the Yucatán Peninsula on which the resort city of Cancún is located.

Same-sex couples in Baja California del Norte in which Tijuana is located and other states have sought marriage rights through the Mexican legal system. Coahuila currently extends property and inheritance rights and other limited legal protections to gays and lesbians.

“Since the legalization of same-sex marriage in Mexico City, the Mexican Social Security Institute has been one of the toughest organizations to lobby, one of the most stubborn institutions when it comes to amending their rules and giving equal treatment to its affiliates who have same-sex couples,” Enrique Torre Molina, an LGBT rights advocate and blogger in Mexico City, told the Blade on Thursday as he discussed the Mexican Social Security Institute ruling. “This is another step towards equality for gay and lesbian couples.”

Méndez stressed gay and lesbian Mexicans continue to suffer discrimination as long as they are unable to secure marriage rights.

“The court responded within the extent of its authority, but the result is insufficient,” he told the Blade. “The respect of human rights should be the general rule and its violation is an exception that must be addressed.”


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