This Wednesday, the First Chamber of the SCJN, in a majority vote of four to one, rejected an injunction requested by a citizen of Puebla who aspired to legalize the possibility of establishing a marriage or cohabitation with more than one person simultaneously, a known concept like polyamory.
In the case, attracted by Minister Jorge Pardo Rebolledo, the applicant for protection appealed to articles 294 and 297 of the Civil Code for the Free and Sovereign State of Puebla, arguing that the exclusion of polyamorous relationships constitutes a form of discrimination.
However, the SCJN decision emphasized the key distinction between the figures of marriage equality and polyamory.
While equal marriage focuses on equal rights regardless of the sex of the participants, polyamory introduces a completely different relational dynamic, which, according to the Court, does not conform to the regulations and obligations established for couples in the legal framework. current.
The ruling highlights that the recognition of polyamory as a valid form of marriage or cohabitation would require a significant review and adaptation of existing laws, given the unique nature of these relationships.
The Court argued that current laws, designed to regulate interactions between two people, cannot be effectively applied to relationships involving multiple participants without compromising the coherence and fairness of the legal system.
Furthermore, the SCJN maintains that the refusal to formally recognize polyamorous relationships within the frameworks of marriage and cohabitation does not violate the right to free development of personality or the right to form a family.
In this sense, the First Chamber of the Court affirmed that people can still practice polyamory and form family relationships outside of these legal figures without facing constitutional restrictions.