Talk:Same-sex marriage in Oaxaca

Latest comment: 12 years ago by Yavidaxiu in topic precedent?

precedent?

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As the washington post wrote:"Under Mexican law, two more cases from Oaxaca must be decided in the same way before a precedent is established allowing gay marriage — and only in that state. For each of Mexico’s 30 other states, five separate cases would have to be decided that way to establish precedent for gay marriage." I though we needed 2 more decisions in Oaxaca for the vote to establish legal precedent... Am I misinterpreting (or is the Wasthington post?)? L.tak (talk) 23:27, 8 December 2012 (UTC)Reply

Yeah, you are right. My mistake. Ron 1987 (talk) 13:26, 9 December 2012 (UTC)Reply
This both interpretations are erroneous. Under Mexican right, individual resolutions of the Supreme Court of Justice of the Nation are a legal precedent (precedente legal) for new resolutions in similar cases. Five resolutions establishes jurispreudence (jurisprudencia). All this article is a misinterpretation of the Mexican law. In fact, Oaxaca does not recognize same-sex marriage because its Civil Code is actually unmodificated by the Supreme Court resolutions. Until Congress of the State do not change the definition of marriage in oaxacan law, there are not possibility for new gay marriages in that state whitout an amparo of the Supreme Court. Disculpen, no domino el inglés. Yavidaxiu (talk) 21:08, 10 December 2012 (UTC)Reply