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¿Los Rastreadores de la Prueba?

Trial analysis

by Brian Leubitz

En el Distrito Federal de Mexico, el futuro es aquí.

I’ll admit that I didn’t pay enough attention in Spanish class in high school, but I do know that these are exciting days for the LGBT community in Latin America. The PRD government of the world’s second largest city, Mexico City, intends on proceeding with allowing same-sex marriages in May. But, it looks like we may need to start a trial tracker en español, as the Mexican Attorney General has filed a court case to block the marriages from continuing.

Federal prosecutors in Mexico City announced yesterday they would seek to overturn the city’s new gay marriage law on the grounds that it is unconstitutional. A statement from the federal Attorney General’s Office said the law “violates the principle of legality, because it strays from the constitutional principle of protecting the family”. …
According to On Top Magazine, city legal advisor Leticia Bonifaz told the Excelsior newspaper that she was “totally confident that this is an issue of fundamental rights”.(PinkNews)

Here’s a Spanish story on the case.

Of course, the constitution of Mexico, and the entire legal system, is very different from our own, so I won’t pretend to look at the legal issues. But, this case is very important for the people of Mexico City. While it is very unlikely we will see marriage equality throughout the entirety of Mexico, as in many Mexican states, members of the LGBT community are more concerned about their general safety. Outside of Mexico City, tolerance is growing, but there is still work to be done.

Meanwhile, the first gay marriage in Latin America took place just a few months ago in Ushuaia, Argentina. Gradually, equality will come. Even where it seems hopeless, such as Uganda, progress can and will be made. We will post updates on the Mexican case as soon as we get news.



  • 1. tipographo  |  January 28, 2010 at 3:59 pm

    ¿Los Rastreadores de la Prueba? is very google translate. I guess "seguidores del juicio" would be better. The next months are gonna be amazing here in mexico… if you need any info about it I will be very happy to share it…

  • 2. Jose Luis  |  January 28, 2010 at 4:04 pm

    Que onda! I'm a fellow trial tracker from Tijuana, and would love to get in touch with you about helping out over here in México. I've been reading and taking notes since the prop 8 trail began, preparing for the fight south of the border. There's is so much progress to be made but so much bigotry. México is a LOT more macho and some of the comments in blogs and news stories are just gut retching hateful, but we fight on. The PAN and the Attorney General are really just rehashing the 'protect our children' line from Prop 8 but in an even less eloquent manner or simplified. It should actually be easy for the Mexico CIty government and PRD to win the case. That is, if we are given a fair trail.

  • 3. BobbiCW  |  January 29, 2010 at 1:12 am

    The fact that they are overtly hateful can help your case. When they go over the top then regular people see just how much they hate, and hearts and minds begin to change.

    Good luck!

  • 4. Brian Leubitz  |  January 30, 2010 at 5:11 am

    Thanks! I spent a long time trying to figure out how to translate "trial tracker", and eventually just went with google.

    We would definitely like to hear more about the case in Mexico. You should contact Julia Rosen about that, I'll shoot her an email about that now.

  • 5. Richard  |  January 30, 2010 at 5:30 am

    Brian, you, Julia, Rick, and everybody at CC, AFER and all of our other allies TOTALLY ROCK! I am so proud to be associated with you. And while I am here, let me take this opportunity to once again thank everyone who has posted on here (yes, even the curious George team). You guys are great. We will gain the rights of marriage equality and move the government one step further out of our homes.

  • 6. Rev Scott West  |  January 28, 2010 at 9:54 pm

    I think they will have a similar track as prop 8, since the Mexican Attorney General will have to try to use the same rational as the pro prop 8 people.
    Maybe he will even use the same experts! (hee hee)

  • 7. Alan E.  |  January 29, 2010 at 12:45 am

    I just heard Rick Jacobs on 94.1 in SF, and my carpool looked at me funny when I laughed when Rick mentioned that he was a scholar according to the defense's definition. It was a great time to continue the conversation!

  • 8. Bill  |  January 29, 2010 at 1:32 am

    It just seems so odd, so immoral, so unjustifiable that heterosexuals are trying hurt their very own offspring in this manner while presenting themselves as having some sort of moral authority.

    I do not, can not, and will not ever understand the heterosexual's capacity for abusing and damaging the lives of their LGTB children.

    I know that if I had a child that was LGTB, I certainly would not use religion and government laws to abuse that child. But that is exactly what heterosexuals are doing. They are abusing their LGTB offspring, and they are still getting away with it. Aren't their any laws protecting LGTB citizens from their heterosexual creators???? (Oops, forgot where I was for a second…)

    And so when I hear heterosexuals presenting this as an issue of morality, I simply have to repress my desire to vomit . Because their behavior where LGTB citizens are concerned is simply disgusting and immoral, and I grow tired and weary of making excuses for them.

    Grow up, straight folks. Grow up and stop participating in this ABUSE against your won offspring. It does not earn you extra credit with God, it does the OPPOSITE. It does not benefit society, it does THE OPPOSITE. It does nothing but make heterosexuals feel better about their lives by creating 'the other' to abuse and demonize and it is wrong and immoral and clearly against God.

  • 9. fiona64  |  January 29, 2010 at 1:46 am

    Bill, I have to concur with you. There are so many GLBT kids living on the street. I chose not to have kids, and it hurts my heart that people who choose the opposite pitch them out over something like this. It is hatred, pure and simple.

    People have told me over time that I was "selfish" not to have kids. I thought through whether or not I wanted to reproduce and opted out. I think it's far more selfish to choose to have kids (oftentimes without thinking it through) and then throw them out when the kids turn out to be ::gasp:: human and not little mummy/daddy clones.

    I hate "othering" of any sort; it's an excuse to bully and scapegoat.


  • 10. Bill  |  January 29, 2010 at 5:19 am

    I live in Hollywood. Right in the middle of it. I see these kids everyday. Living on Hollywood Boulevard because their parents tossed them out like yesterday's garbage. (morality????? where??? I don't see any???) I bring them food sometimes and try and help any way I can, but I feel their pain every single day.

    I myself WAS one of those children. At 17, I was shown the front door of the home I grew up in and told never to return. That was 23 years ago. I have not heard from my parents of brothers or sisters or any other family member since. Only luck and strong personal fortitude saw me through.

    That is why when heterosexuals present this as an issue of morality, it makes me want to puke. Are LGTB children TRULY supposed to follow the misguided morality of heterosexual adults who would choose the fairy tale of religion over the lives of the very LGTB children THEY THEMSELVES created, whether by nature OR nurture.

    It angers me like nothing else. Sincerely. Makes me want to puke.

  • 11. Joe  |  January 29, 2010 at 1:50 am

    Of the 510,000 children in foster care, approximately 0.00% were the offspring of same sex parents.

  • 12. Ronnie  |  January 30, 2010 at 2:33 am

    Yes Yes that 's the point, that's the point….I hope you are reading this Curious George…..

    Homosexuals are the offspring of heterosexuals…. If marriage is about parents providing a stable home for their children then why is that these heterosexuals trying to take rights away from their offspring?

    A gay parent would never do that to their kids, unless its about Hanna Montana being made illegal….That B!t<h has got to go!….hehehe

  • 13. JPM  |  January 29, 2010 at 1:41 am

    Anyone know what's going on with the trial reenactment?

    The web page has changed, and it LOOKS like they have the first episode available, but there is no actual YouTube video, or any link to such a thing (or else my browser is screwed up).

    Is there an episode now available that some people are watching?

  • 14. Bob  |  January 29, 2010 at 2:14 am

    I couldn't find one either

  • 15. waxr  |  January 29, 2010 at 6:13 am

    A recent post on the YouTube – MarriageTrial's Channel said that they are trying to get it up today:

  • 16. waxr  |  January 29, 2010 at 1:53 am

    Two recent stories on the prop 8 trial can be found on the CAL LAW website:

    To find the stories, go to the above site and then click "Recent Stories" under the CAL LAW banner. Or go to the bottom of the home page to the box which says "MOST VIEWED ON CAL LAW" and pick the prop 8 trial articles you wish to read.

    You must register to read the article, but registration is free.

  • 17. Alan E.  |  January 29, 2010 at 3:19 am

    Wow these are some of the best articles I've read about the trial. They seem to be completely neutral!

  • 18. waxr  |  January 29, 2010 at 5:18 am

    Go back to the home page:

    In the box where it says "COMMENTARY" click on "BAR-ometer"

    In a short comment on "David Boies et al" it says,
    "Ok, maybe not a big shock, but his camp seemed far more effective at the marriage trial."

  • 19. Mike  |  January 29, 2010 at 5:39 am

    The argument that the intent of the Mexican Constitution is to protect the family should be taken very seriously – and our legal camp should be prepared ….as this could very well be the scapegoat argument that the conservative Justices may be looking for in order to counterbalance our fundamental rights given by the 14th Amendment.

    I am not an expert on the Constitution…

    But is there any phrase which speaks of the value of the family ?

  • 20. RebeccaRGB  |  January 29, 2010 at 6:07 am

    You can read the full text of the U.S. Constitution and the amendments here:

    I did a quick search and there is no mention of family, children, or marriage, anywhere.

  • 21. Ed-M  |  February 1, 2010 at 5:04 pm

    True. But in the preamble there is that phrase: "promote the general welfare." As small-government conservatives have said for years, it can be used to cover a multitude of sins!

  • 22. waxr  |  February 2, 2010 at 2:59 am

    But then the preamble also says, "establish Justice," which can be used to correct a multitude of sins.

  • 23. Jose Luis  |  January 29, 2010 at 7:40 am

    I'm not THAT worried with the mexican constitution specifying that the family must be protected, since our side can easily show that gay families are just as stable and don't harm the family, and also, there has never been any doubt that single parents are a "threat" to the family. This HAS been debated in court before in México, especially when it comes to male single parenting. A couple of years ago, the Supreme Court ruled that male single parents have the same rights in Social Security and have the same rights to access all maternity, day care, kindergarden benefits. That's important, because the Supreme Court recognized the same thing as other courts in the US and Europe, that quality is so much more important than quantity.

    Of course, we have to prove that sexual orientation has no effect on quality, which is what we have always known is going to be the fight.

  • 24. mike  |  January 30, 2010 at 10:36 pm


    You should be THAT worried…

    I have lived in Mexico for 4 years and my partner is from Mexico…..while it does not makes me a "legal expert"………………

    I did experience the corruption, double-talk, posturing, and irrational logic of the Mexican Legal system.

    Male-single-parenting is a different issue, as the assumption is that the male is heterosexual.

    But for a good portion of Mexicans….we are just "putos", "locas", "maricones", "jotas", "chotos", "tortilleras", "marimachas"…..

    Would not take much for the Mexican Supreme Court to strike down the Distrito Federal's progressive marriage law… order to protect "THE Family" !

    Our case is good – but we are preaching to the choir.
    It is not you and I that has to be convinced of the fairness of "marriage for all"…..
    It is our neighboors and communities that must understand the meaning of the word: "fairness" – even if they don't understand same-sex marriage.

  • 25. rpx  |  January 29, 2010 at 5:59 am

    RE: “violates the principle of legality, because it strays from the constitutional principle of protecting the family”. …

    I wish these people would be honest and simply write that they are interested in protecting hetrosexual families only.

  • 26. Richard  |  January 29, 2010 at 12:43 pm

    Amen on that one, rpx.

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