Is same-sex marriage legal in Mexico, and recognized for immigration in all states? 

Many of our clients from the gay community ask us when applying for residency in Mexico: Is same-sex marriage legal in Mexico, and recognized for the purposes of residency? 


The answer is YES! Most states have legalized it or recognize it nationwide. Furthermore, all states must recognize same-sex marriages (matrimonio igualitario in Spanish) registered in Mexico City by federal rule.


Same-sex Marriage Is Legal in Mexico

However, not all 32 individual states have approved the federal gay marriage reforms. This means that same-sex couples may not enjoy equal rights in those states. For example, a court injunction might be required for a gay marriage to be performed. These limits could have implications if you move to Mexico with, or to join your same-sex spouse or partner. 


Those states are the minority. Currently 5 out of 32 Mexican states have not yet fully approved gay marriage at state level. The non-complying states are as of August 2022: Durango, Guerrero, State of Mexico, Tabasco, Tamaulipas. 


The other 27 states recognize gay marriage. All couples enjoy the same rights in terms of marriage, regardless of their sexual orientation. 


Gay Marriage Is Approved in 27 States

The most recent state to fully approve same-sex marriage was Veracruz in June 2022. Mexico City was the first entity to approve it in 2009. It is hoped that soon same-sex marriage will be fully, legally recognized throughout all of Mexico. 


At Immigration to Mexico it is a pleasure for us to support our clients from the gay community. We can assist with residency, citizenship and relocation matters. 


We currently operate in the states of Quintana Roo, Yucatan, Puebla, Guanajuato and in Mexico City. Those states fully recognize your marriage rights for the purposes of residency. For further information on residency application requirements, please contact us: info@immigrationtomexico.mx


Our blog also offers various articles on residency through spousal/family unity. The information is valid for all couples. Consult the titles below:


How to Change from Temporary to Permanent Resident as a Spouse or Partner in Mexico

How to Get Temporary or Permanent Residency for Spouses and Partners

The Pros and Cons of Temporary and Permanent Residency in Mexico


Sources:

Same-Sex Marriage Around the World 

En 26 estados de México permiten el matrimonio igualitario 

Matrimonio igualitario en México: Estados donde LGBT+ pueden casarse


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