Last Wednesday, April 3, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) rejected a protection in which it was intended include more than two people (polyamory) in a legally recognized relationship of marriage either concubinage.
The term polyamory is a neologism used to refer to a consensual non-monogamy romantic relationship and in a way simultaneousof two, three or more peoplewith the knowledge of all those involved.
He polyamoryor not monogamy Consensual is the practice of having multiple intimate relationships, whether sexual or simply romantic, with the full knowledge and consent of all parties involved.
The decision was made with four votes in favor and one against by the ministers, who also supported the project of Minister Jorge Mario Pardo Rebolledo who proposed denying the protection that a resident of Puebla filed three years ago.
The matter arose from a man who challenged the reform of articles 294 and 297 of the Civil Code for the State of Puebla, which provide for the institutions of marriage and concubinage as a union between two people, because he considered that these regulations exclude consensual relationships made up of more than two, who seek access to these institutions.
In the first instance, the District Judge granted the protection, considering that the regulations violate the principle of equality and non-discrimination, because they contain a distinction based on a suspicious category (sexual preferences), since they make an explicit value judgment in relation to that the unions that deserve to be promoted through law are only between two people and limit the scope of these institutions without there being constitutional justification.
The Governor of the state appealed this determination and argued that the figure of polyamory is contrary to the nature and purposes of marriage and concubinage, since it arises as a criticism of monogamy and the traditional values of these institutions, and is based on freedom of choice regarding the number of people with whom those who practice this type of relationships can associate.
In his project, Minister Jorge Mario Rebolledo argued that “this type of demonstration is not common in Mexican society” and also warned that this figure could generate situations of inequality and discrimination in women, girls and boys.
The Court of the SCJN specified that polyamory entails a different operation from monogamous relationships, so the rules of marriage and cohabitation would not be suitable to achieve full operation and, within the existing regulation, polyamorous relationships would be limited.
Likewise, the Minister mentioned that if the figure of polyamory grows in Mexican society, it must be regulated by Local Congresses to protect the rights of its members and avoid situations of inequality.
Polyamory and other non-monogamous relationships are not explicitly regulated in Mexican law. Despite this, the SCJN has recognized the existence of simultaneous links in which people can access food rights (such as maintenance and widowhood pensions), however, access to other rights such as property and inheritance rights are not guaranteed in this type of relationships.
However, there are countries in which polyamory is allowed, such as Afghanistan, Algeria, Bangladesh, Benin, Burma, Burkina Faso, Cameroon, Qatar, Chad, Congo, Egypt, the United Arab Emirates, among others.
As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
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