Marriage Equality Becomes Law in Mexico’s Most conservative State — Guanajuato
Mexico’s path to marriage equality has reached another significant milestone with a historic legislative vote in the state of Guanajuato. Long considered one of the country’s more conservative states, Guanajuato’s decision to reform its civil code and legalize same-sex marriage directly marks a profound shift in the national landscape.
This move proves that the push for equal marriage rights is now advancing decisively, even in regions where opposition was once strongest. During the same legislative session, the state’s congress banned the practice of so-called “conversion therapy”, which seeks to “correct” a person’s sexual orientation.
The right to same-sex marriage in Mexico has been primarily secured through two avenues: state-level legislative changes and landmark rulings by the federal judiciary. The national journey was fundamentally shaped by a 2015 Mexican Supreme Court ruling, which declared laws limiting marriage to a man and a woman unconstitutional.
This decision established a critical legal mechanism: if a same-sex couple is denied a marriage license anywhere in the country, they can file an amparo (a protective injunction) and are guaranteed to win based on this precedent. Thus, even before Guanajuato’s legislative change, couples there could marry through this legal process, although it involved additional steps and costs.
Guanajuato’s legislative action, therefore, is about aligning state and local law with federal rulings and, more importantly, removing bureaucratic and symbolic barriers for couples. It follows the pioneering step of Mexico City in 2010 and a growing wave of states that have reformed their codes, meaning a majority of Mexico’s 32 states now have marriage equality written into law.
Guanajuato’s shift is particularly resonant because it demonstrates how sustained advocacy, strategic litigation, and evolving public opinion can lead to change even in traditionally resistant areas. This is not to say that detractors continue to work to reverse the progress that has been made.
Despite this accelerating legal progress, challenges remain. Advocacy groups report that social acceptance can lag, and some couples, particularly in more conservative municipalities, may still encounter hesitant officials or social stigma. However, the nationwide recognition of these marriages is absolute; all states must recognize a marriage performed in any other jurisdiction.
Despite Marriage Equality Win, Challenges Still Remain
Even though the term marriage equality has traditionally been used as a synonym for allowing same sex marriage, other rights such as same sex adoption have not been achieved in Mexico to the same extent.
The primary legal hurdle to the adoption of children by same sex couples was removed in 2017 when the Supreme Court established mandatory jurisprudence declaring any ban on adoption by same-sex couples unconstitutional. This means any couple denied the process can file and win a protective injunction, or amparo. However, this very requirement to litigate highlights the deep disparity in how this right is applied locally.
The difficulty is not a matter of explicit legal prohibition, but rather a systemic administrative obstruction, cultural bias, and a lack of political will in certain states.
Reports from civil society organizations have documented that states with the most hostile and challenging environments for same-sex couples seeking to adopt include conservative strongholds such as Aguascalientes, Guanajuato, Jalisco, Querétaro, San Luis Potosí, and Zacatecas, as well as several states in the south and southeast like Chiapas, Tabasco, and Veracruz.
In these regions, obstacles are severe and institutional. State-level family services agencies and judges frequently employ tactics like outright initial refusal (which is clearly illegal), deliberate delays, biased psychological evaluations, and a restrictive interpretation of local laws to deny or indefinitely stall applications. This forces couples into lengthy, expensive, and emotionally draining legal battles to claim a right the Supreme Court has already guaranteed.
Senior Editor Carlos Rosado van der Gracht is a journalist, photographer, and expedition leader. Born in Mérida, Carlos holds degrees from universities in Mexico, Canada, and Norway.
