They give 'NO' to legal polyamory: The SCJN rejects protection for marriage of more than 2 people

The First Chamber of the Supreme Court of Justice of the Nation (SCJN) rissued an injunction this Wednesday with which one was looking legally maintain a polyamorous relationshipthat is, establish a marriage of more than two people in Mexico.

With four votes in favor and one against, the Chamber supported the project of Minister Jorge Mario Pardo Rebolledo, who proposed denying the protection that three years ago it was intervened in Puebla.

It was in May 2021, when the Eighth District Judge in Matters of Civil, Administrative and Labor Protection and Federal Trials in the State of Puebla, Pedro Arroyo Soto, granted the legal remedy to the citizen, based on the criteria established in the Constitution, which protect all forms and manifestations of families that exist.

However, The Government of Puebla challenged the Judge's resolution after declaring articles 284 and 297 of the Civil Code as unconstitutional, which were ordered not to apply to the complainant.

But Minister Pardo Rebolledo highlighted in his project that this type of “polyamorous” manifestations do not have much presence in Mexican society, which is why he warned that The figure could generate situations of inequality and discrimination in women, girls and boys.

“We must emphasize that, without detracting from the viability of polyamorous relationships over internationally proscribed polygamous relationships, for the purposes of this resolution, this First Chamber of the Court cannot use marriage and/or concubinage as a point of comparison applicable to polyamory, since “These are human situations (ways of relating) whose historical, contextual and structural context differ,” he stated.

“In Mexico, non-monogamous relationships, within which the complainant identifies polyamory do not constitute a socially predominant relational orientation or preferenceNor were elements provided to justify that there is a condition of historical or structural discrimination in this type of relationship,” he added.

For this reason, he insisted that if society begins to consider the figure of “polyamory” later, it would have to be regulated by local Congresses to protect the rights of its members and not leave them in a vulnerable situation.

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