MEXICO CITY — President Enrique Peña Nieto sent an initiative to Congress to reform the Constitution and the Federal Civil Code, recognizing equal marriage as a human right.
In his proposal, which reforms the first paragraph of Article 4 of the Constitution, Peña Nieto considers equality and anti-discrimination to be fundamental, in the understanding that all human rights are based in human dignity.
Peña Nieto said that this understanding comes from a need for authorities to promote, respect, protect and guarantee equal rights to all people, without discrimination.
The president said that it is important to keep in mind that sexual orientation constitutes an essential element of dignity for all people, which is linked to a person’s right to their identity, self-development, personality, private life, intimacy and personal integrity.
Peña Nieto said that the right to marriage is a fundamental right, related to self-determination, and for many, marriage forms an important institution for existential realization. Because of this, excluding homosexual couples from marriage symbolizes a great exclusion.
He said that the initiative proposes to constitutionally protect and avoid unjust restrictions on marriage.
The president said that the initiative aims to add to Article 4 of the first paragraph of the Constitution that, “all people over 18 years of age, cannot be restricted from marriage based on ethnic origin, nationality, gender, disabilities, social class, heath conditions, religion, sexual preferences or any thing that threatens human dignity.”
He hopes to change Article 2 so that it says: “Legal capacity is the same for men and women. All discrimination based on ethnic origin, nationality, gender, age, disabilities, social class, heath conditions, religion, opinions, sexual preferences, civil status or any thing else that threatens human dignity or diminishes people’s rights and liberties is prohibited.”
Peña Nieto also proposes that in Article 136, “People will be able to request a new birth certificate that recognizes their gender identity, after making the corresponding record on their original birth certificate.”
Translated by Nicole DeFuria