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A decision of the Mexico Supreme Court on 12 June 2015 resulted in a ruling that found that state bans on same-sex marriage were unconstitutional.The court's ruling is considered a "jurisprudential thesis" and did not invalidate any state laws, meaning same-sex couples denied the right to wed would still have to seek individual injunctions.In November 2016, Sinaloa became the first state to reach five identical resolutions in a row, followed by Chihuahua in February 2017.However, state authorities in both states have intentionally delayed and blocked attempts to legalize same-sex marriage in the civil codes.The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages, On 20 December 2015, the National Human Rights Commission submitted a general recommendation to all state executive and legislative bodies, requesting them to allow same-sex marriages in their jurisdictions.It also stated that the National Human Rights Commission considers differentiated marriage constructions for same-sex couples (such as civil unions) to be discriminatory.Same-sex marriage is performed without restriction in Mexico City and in the states of Baja California, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Jalisco, Michoacán, Morelos, Nayarit, Puebla and Quintana Roo, as well as in certain municipalities in Querétaro.
Resolutions have more legal power, as the Supreme Court, after having ruled five times on five different resolutions, can force the state congress to eliminate the law, in this case, a ban on same-sex marriage.
Chile case, the Supreme Court of Justice of the Nation ruled on 5 December 2012 that: 1) Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violated federal law requiring that they "correspond to all persons without any distinction" and 2) That such laws were unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form a family.
The ruling did not directly overturn the impugned laws, but established that marriages obtained by injunction could be performed in any state, regardless of whether the state Civil Code had been changed.
On 30 November 2016, the Mexican Supreme Court unanimously declared that six articles of the Law of the Institute of Social Security and Social Services of State Workers (ISSSTE) were unconstitutional because they discriminated against same-sex couples.
The Court found that the wording of articles 6, 39, 40, 131 and 135, and sections I and II of the ISSSTE Act violated the rights of same-sex couples to affiliate as beneficiaries of the Institute, and thus, those articles violate the principle of equality and non-discrimination established in Articles 1 and 123 of the Federal Constitution.