The second Chamber of the Supreme Court's Office (Supreme Court) overturned the ruling of a district judge which prevented registration as a beneficiary of the Mexican Social Security Institute (IMSS) to a person in a same-sex marriage.
Ministerial members of the Second Board reversed the decision after the Third District Court on Labour in the Federal District dismiss a petition for relief claiming the decision not to register the plaintiff's spouse in the social security system is due to the Social Security Act which does not allow registering as a beneficiary in the event of marriage or concubinage, a person of the same sex as the insured.
"It was determined that if the IMSS serves as its insurer when deciding on the application for incorporation into the social security system, its performance is similar to that of an individual, because they only follow certain guidelines and conditions previously given for the case of insurance beneficiaries and, if in addition the act of decision issued in that case is the practical application of legal norms that are considered violations of human rights and, therefore, of the Federal Constitution, then it may be, validly, that this act, be the actual application of legal norms, makes this decision appropriate."
Source: Excelsior
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