The fight for marriage equality in Baja, part 1: Meritxell and Nancy

S1: Hey , no.

S2: Sunday night time. No see. Where's Allen ? Hey.

S3:

S2:

S3:

S2: I missed you too.

S1: Excited.

S2: Five season five. Let's go.

S4: Yeah ! Let's go.

S3: Oh , there's Adrian , our new sound designers.

S2: Hey , shout out to our old sound designer , Luca. We miss you. Miss you , man.

S3: But we're excited for what's to come. Yes.

S5: You guys ready to check it out ? Yes.

S2: Let's check it out. All right , let's do it. Adrian.

S5: Punch it.

S2: It's 2008 , and Californians had just approved prop eight.

S6: Some developing news a proposition to ban same sex marriage has passed at overturns the state Supreme Court decision that gave couples the right to marry just a few months ago. Let's take a.

S3: Look at the proposition that amended the California state Constitution to essentially ban same sex marriage in the state.

S7: Never before has our constitution been used to strip rights away.

S2: This was a heavy blow for thousands of same sex couples , who were pinning their hopes for legal marriage on voters in this liberal and progressive blue state , but.

S3: Hoping that the California electorate would deliver was a gamble.

S2: Roll and no. Dice.

S3: Dice. Prop eight was eventually appealed and overturned in court , but in the meantime , from November of 2008 to June of 2013 , same sex couples looking to marry were forced to look for alternatives to California.

S2: Maybe marrying in states like Massachusetts , where it was legalized in 2004 , or in Europe.

S3: Or in some cases in Mexico.

S8: Lawmakers in Mexico City anxiously eyed the results of a contentious debate , one that would legalize same sex marriage when the votes were cast. Supporters of the bill had their victory. The bill passed 39 to 20 , legalizing same sex marriage in the Mexican capital.

S2: Mexico City became the first jurisdiction in Mexico to legalize same sex marriage in 2009. The law went into effect in 2010.

S3: This made Mexico City the first capital city in Latin America to allow same sex couples to marry.

S2: Many Californians even sought the opportunity in those years to marry in Mexico City , and have the Golden State recognize their union.

S3: One would think that Mexico , being so historically in the conservative clutches of the Catholic Church , would be trailing way behind the progressive state of California.

S2: But in this short and brief instance , it just happened to outpace the progressive Golden State. Entonces.

S9: Entonces. Matrimonio porque nuestro principio. Whatever. No one can necessitate a service.

S2: This is Maricel Calderon. Maricel is a Tijuana based Lgbtq+ rights activist and a human rights lawyer , along with her partner Nancy Bonilla , a queer rights activist and writer. They have fought for Lgbtq+ and women's rights both in Tijuana and the state of Baja , for over the past 15 years. They have been together for 13 of those 15 years.

S3: The partners would split their time between Tijuana and Mexico City when medical was working there. Mexico City , where I was born , by the way , is also referred to as DFA.

S2: They were in Mexico City when this landmark law was approved.

S10: When it was determined , he decided porque. Podemos. Distinto para las personas podrian tener Como referencia nuestra existencia.

S3: While ecstatic and proud that at least now they could marry in Mexico City , Nancy explains that something felt wrong to them.

S2: Marrying in Mexico City felt like a cop out for conviction.

S10: Si el nosotros. Mas tiempo.

S3: If they were going to get married , it would be something they both wanted to do in the state that they were from Baja California , to shed a light on their own community that's been cast into the underground.

S2: This became not just a statement of political conviction , but a cause to fight for. Today's episode is part one of a two part series about the fight for marriage equality in Baja.

S3: Join us as we look back at how this momentous victory was achieved through the eyes of two of Baja lawyer activists , one in Tijuana.

S9:

S3: I came up with.

S11: A the thought of creating a social media platform for constituents to easily identify their representatives in Congress , along with their stances on marriage equality.

S2: This is part one Medical and Nancy story from Kpbs.

S3: This is Port of Entry.

S2: Where we tell cross-border stories that connect us. I'm Lilienthal and I'm Natalie Gonzalez. When medical met Nancy in Tijuana , it was instant love. They decided to move in together after their second date. A little rushed by today's standards. Nancy.

S9: Nancy. Entonces Nancy yo ya tenemos juntas entonces nosotros Como when.

S2: Nancy moved in.

S10: Kinda see the. He said si.

S2: Si settled would be a more accurate description. Something that both of them recount now with humor. Remembering how things unfolded.

S9: No , no. Como el agua porque.

S2: Cracking up medicals. Nancy crept in like water. Medical would say that Nancy had to say over for homework or for work or a trip that was leaving early the next day.

S3: She would make up all kinds of stories , especially as medical moms started noticing Nancy's prolonged overnight visits. She wondered if Nancy got kicked out of her own house.

S9: Necesito tiempo , yo see mama.

S12:

S2: Nancy was waiting for us outside of the street in front of the gate. Their pack of three dogs were behind the gate , eagerly smiling to see who we were and leading the way.

S3: The gated entrance from the street is a corridor that leads to a small courtyard filled with overgrown plants and trees. Three little doors leading to different apartments surround the courtyard.

S13:

S2: When we met her , the palm of her right hand was completely covered with white ointment.

S3: She told us she burned her right hand , mishandling a sizzling hot pan. Maricel moonlights as a stand up comedian.

S2: That became very clear when we met her.

S3: And her self-deprecating sense of humor came center stage.

S2: She had us bursting at the seams throughout the whole of the conversation.

S3: One of her stories was of how she came out of the closet to focus in her teen years. Orientation.

S9: Orientation. Sexual desire. Todo. Inclusive. Pools.

S2: Growing up. When questioned about her sexuality , she would say if he has a pulse opponent.

S3: Put a dress on a broom or a mop and let's see.

S9: See what you are now. Aristo manera muy importante. They responded to suggestions.

S3: It became clear to us that Angela merkel , or her gift , is taking the hate spewed at her and churning it out as comedy. She dives into insults headfirst so as to disarm them with jokes.

S9: My boy in blue says in manga , you want to make me jiggly , but I can go with them. It's sustained mass and medical.

S2: Is a large woman , she says her body has also been a target of Fatphobic attacks , but she deflects those attacks with jokes , completely neutralizing their impact.

S9: Look was. A reflection on the yo yo trata de participar.

S3: When they realize they can't hurt you , Maricel says it's a good moment to step in and help them reflect on what they're saying , with the hopes that they might understand the nature of their words.

S2: Fighting hate early in her life evolved into becoming an activist , fighting for dignity and human rights for all.

S3: Human rights , especially for LGBTQ folks. When she crossed from Tijuana to San Diego to party in San Diego's famous LGBTQ plus district , Hillcrest , during her teens and early 20s , she saw that queer folks were more tolerated in Tijuana.

S9: La Frontera in Santa Cruz , San Diego via amigos , gays , the eventos , muchas personas.

S2: She would witness the openness that queer folks would experience on the US side of the border.

S3: Something she dreamed of one day having in her city of Tijuana. As we said , same sex couples could marry legally in Mexico City after 2010. But Maricela Nancy felt like marrying in Mexico City , while those in Baja couldn't marry. That just felt wrong.

S2: So they opted to not marry in Mexico City.

S3: In solidarity with the same sex folks from their home state who couldn't marry.

S2: So for the next three years.

S3: From 2010 until 2013.

S2: They dedicated themselves to the causes of equal marriage and women's rights in Baja. In the year 2013 , though , tragedy struck Mitchell's family.

S3: Her father passed.

S2: And to add to her misery.

S3: She suffered a life threatening medical emergency. Medical suffers from a hormonal disorder known as polycystic ovarian syndrome. She has a host of symptoms ranging from irregular periods and hemorrhages to facial hair to uterine and ovarian cysts.

S2: She has grown used to the condition and learned how to handle and cope with the symptoms.

S3: And because her father was a private physician in the past , she had always had access to the best care in.

S9: Taiwan and the matriarch.

S3: But more so in 2013 , medical endured a particularly bad and long lasting hemorrhage.

S2: She did not stop bleeding for 15 days. America.

S10: America. He.

S3: He. She was rushed to a public hospital , where she was discovered to have a number of uterine tumors.

S10: The person in question.

S2: She was hospitalized for a week.

S3: With her father gone , she didn't have access to private care anymore and was left to use the public care system. And if you know anything about the public care system in Mexico , it can be a bureaucratic nightmare for both patients and family.

S2: And for an unrecognized same sex partner , a living hell.

S10: You boys are important. For us.

S2: When Nancy wanted to visit her , she couldn't.

S3: She didn't have spousal visiting rights. And given the nature of their advocacy , Nancy was afraid that medical might be targeted while she was recovering.

S9: Entonces maybe sin papel sin is not. Con la unica esperanza.

S2: You see in a public hospital in Tijuana or Mexico for that matter , your loved ones are the ones responsible to provide you with the non-medical essentials like clothes , towels , toilet paper or intimate toiletries.

S3: And when medical needed , those things from Nancy. Nancy was barred from doing so because she wasn't a family member or a recognized spouse.

S10: Si la la guardia de seguridad. Puedes. Pasar minutos as they.

S2: But they found a way around the rules. A security guard at the hospital was queer and allowed Nancy to be at the bedside of her loved one.

S3: So the only way to get those spousal rights acknowledged was to get legally married. But they were in Baja , and Tijuana hadn't yet caught up to Mexico City.

S9: Entonces , masaya ? No.

S2: Maricel says maybe it seems frivolous or entitled , but if they had the right to get married like any other heterosexual couple , then they would have access to those rights and privileges during difficult times , like supporting a loved one during a medical emergency.

S3: Not to be dissuaded , they resolve to fight even harder for marriage equality. Without spousal rights , Nancy and Maricel were completely at the mercy of good Samaritans , like the hospital guard who helped them during Marissa's hospitalization.

S2: Similar to California in the 2000 , Baja only recognized same sex couples as domestic partnerships or civil unions , granting some but not the full spectrum of rights , privileges , and protections awarded to married couples.

S3: A Sociedad convention.

S2: But it still wasn't enough. Yet something remarkable happened in 2015 that seemed like it would change.

S14: Everything is muchos consider pero el tema no more pressing constitutional proyecto.

UU: No more. He said.

S3: After facing numerous challenges from conservative states in Mexico.

S2: States who challenged the constitutionality of Mexico City's equal marriage law.

S3: The Supreme Court ruled that same sex marriage in Mexico was indeed consistent with the constitution. Seemed like a victory.

S9: Jose el matrimonio quando estamos con Los activists a Houston Supreme Court medical.

S2: Was on a flight from Houston from an Lgbtq+ rights conference. She was with activists from all over the world when she got the news.

S9: Estamos en la vie. En la prova. No.

S3: Everyone on the plane was ecstatic and overjoyed. A remarkable victory for same sex couples.

S15: But the court in el resto de Los Estados incluidos por supuesto , Baja California. Antes de esto el gobierno de la Estado a controversial constitutional.

S2: In the months after the original law passed in Mexico City allowing same sex marriage.

S3: Conservative states like Baja changed the civil code in their state constitutions to define marriage as something exclusively between a man and a woman , and argued that state sovereignty took precedence over a federal court decision.

S2: Then Baja Governor Jose Osuna expressed the state's position as important.

S15: La determination de buscar el respecto Los matrimonio solo personas. Heterosexuals.

S3: And even now , after the Supreme Court ruling , conservative jurisdictions in Mexico like Baja California doubled down on not accepting marriage license applications from same sex couples.

S9: Casares ahora. No. He is to estados obstacles. But. To. Maricela.

S3: Maricela. Nancy remained defiant.

S2: They were not about to give up that easy. They knew the law. The nation's Supreme Court , after all , was on their side.

S3: But this fight that had already been going on for years obviously wasn't ever going to be that easy.

S2: So they got a bright idea from two activists north of the border. Keep asking and keep insisting for a marriage license until you get one.

S9: Entonces and mujeres in California siempre a solicitar. No tengo nombre , but no one can start this when I start.

S3: Medical is referring to the actions of Phyllis Leon and Del Martin. This San Francisco lesbian activist couple showed up at the city clerk's office in San Francisco during the 80s and 90s and 2000 , applying for a marriage license.

S2: They would get rejected time and time again until 2004 , when then Major Gavin Newsom ordered the city clerk to begin issuing marriage licenses to same sex couples.

S3: Inspired by Leon and Martin's actions , Maricela Nancy began showing up to Palacio Municipal.

S2: Tijuana's city hall.

S3: And request to be married. Starting in March of 2011.

S2: They would show up to apply for a marriage license once or twice a year , but every single time they were denied.

S3: And after medical ended up in the hospital in 2013 , their fight was reinvigorated.

S2: For couples that really wanted to get married in Baja , there was only one way out. And Amparo.

S3: And Amparo is a sort of administrative protection from a law.

S2: Think about it as a special permit.

S10: Del pais Como una de una de una precipitation. The presentation of the presentation contra la de diferentes estados.

S2: Across Mexico , getting in a battle for same sex couples to get married became a trend.

S3: It was a legal loophole that allowed them to marry , even in states where same sex marriage was technically banned.

S10: Sin embargo in a moment , nosotros por la resolution de la vida. Entonces las resolutions de la Cortez on the application para todo el Pais , the application of federal entonces.

S3: But Maricela , Nancy didn't want to resort to an amparo. They knew the law was on their side. The Supreme Court overruled state laws technically yes , but the states didn't care.

S10: Entonces nosotros podemos. Hacer un problema. Sin embargo el estado de nos Negron el matrimonio on various occasions and.

S2: The process of getting an embargo was a problem as. Well.

S10: Well. As a veces esperar Como Los dos anos resolution porque. Tiempo un proceso largo is canceled.

S2: The process of being granted an amparo is time consuming and expensive.

S3: It averages between 1 to 3 years until a judge can see your plea.

S2: And that doesn't mean he will rule in your favor. It is still a gamble.

S9: On $3 million.

S3: And the cost somewhere between 1 and 5000 USD on average , a prohibitive amount if you consider the median Mexican salary is about $700 a month.

S2: Nancy claimed to know folks who have spent up to $20,000. It all depends on the lawyer leading your case.

S3: The Impasse Essentially Divided the Pro Same-Sex Marriage Movement in Tijuana by class.

S2: Between those who had the resources in time to wait out and pay for an amparo resolution versus those who didn't. And what motivated Maricel and Nancy to keep fighting and not go for the amparo ? Was the principal.

S3: Having to put folks through unnecessary hurdles because you happen to love someone of your same sex was simply unjust.

S2: So Medical and Nancy continued their fight.

S3: At first going in quietly to Tijuana City Hall. Over and over again , just requesting a marriage license. No , Amparo.

S10: La Primera is some super bonanza. Is for the Los Medios.

S2: But after a while , being the good activist they were , they brought in the press and their friends to witness the effort.

S3: As their efforts kept garnering attention , more and more folks threw their support behind them.

S2: They even became well known for it.

S3: Then a potential game changer knocked on their door.

S16: So Dr. George.

S17: Su esposa.

S16: Soy to candidato la presidencia municipal por nuestra Tijuana.

S2: A leading candidate for the 2013 Tijuana mayor race , Dr. George Saran , was willing to throw his support behind her cause if in turn , they would help mobilize folks to vote for him. Mientras.

S10: Mientras. Nosotros no nosotros grupo de personas de la comunidad LGBT. Entonces. Nosotros. Cambio.

S3: Made a bold promise to them.

S2: If he gets into power , he would update the municipal civil code to make it consistent with the Federal Court.

S3: To sweeten the deal even further , he would personally officiate their wedding and in the very naughty way to close the deal , Nancy and Maricel said.

S2: And he won.

S3: And when it came time to prove the worth of a politician's word. Yes.

S10: Yes. Sin embargo. Yes. No. No. Famous.

S18: Surprise , surprise.

S3: Turns out that a politician's promise never amounts to much.

S2: He didn't keep his promise.

S3: So for the next year and a half , Maricela Nancy were left with no recourse other than to become a thorn in the side of his administration. They even started a social media campaign to shame the mayor. Hashtag Spanish for.

S2: Marry them duck. Campaign.

S10: Campaign. Videos on personas. The dish , the Livia , the Lebanon , the Barcelona.

S2: They got some help.

S3: Lgbtq+ activists from all over the world recorded messages throwing their support behind the pair. Tijuana.

S19: Tijuana.

S5: Dog police. Doctor. Mary. Madame.

S3: Madame. Cut the bus and marry them. Doc one day , feeling invigorated after the success of their social media campaign , Maricela Nancy once again showed up at the registrar's office to apply for a marriage license.

S2: This time , they were accompanied by members of the local press and ten others same sex couples who also wanted to marry without an amparo.

S3: They all wanted to get married , and they wanted it to happen under the iconic Tijuana clock.

S2: For the whole city to witness.

S3: When all of a sudden.

S10: All Registro Civil in those nos.

S2: Medical Nancy were not allowed to enter the clerk's office and were asked to go to a private office.

S3: The mayor was waiting for them there and he had an offer. It seems that the mayor had folded sort of.

S2: The bad press got to him. So to quell the pressure , he offered Maricela and Nancy a final deal.

S10: With Jose. When I say Cinco anos , Casado was no.

S3: He would marry them , yes , but only with an embargo.

S2: And he would personally pay the amparo himself and put them in contact with vendors and venues for the ceremony.

S10: We come. To. No resolution ? No.

S3: He said , as if it was his final peace offering , as if he was doing them a favor.

S2: Nancy and Marisol swiftly responded , you are missing the point , doctor. The point is to make this Supreme Court resolution valid. If we wanted to marry with an battle , we would have done it already.

S3: And before they parted ways , Maricel added.

S2: Keep your promise , doc. We will wait for you under the Tijuana clock.

S3: But when the day came , he never showed up. For the next few years , Medical and Nancy continued their advocacy and activism. They kept pleading with succeeding administrations in Tijuana , and they just got cynical answers in California.

S10: In this moment.

S3: Scalia changed the state civil code is coming.

S2: One city clerk told them.

S3: Probably stuck somewhere in between Mexico City and Tijuana , traveling slowly by burro.

S2: By burro.

S3: In November of 2019 , Nancy and Maricel finally caught a break. They met a clerk who was friendly to their cause and was willing to override the state code. She was going to marry them without an amparo. So they set everything into motion and planned everything to marry a few months later , and they knew exactly where to have their wedding officiated.

S2: So that's where we met them. El Paso loco.

S3: The park sits at the corner of a block on a busy downtown intersection.

S2: On the very corner of the park stands a decommissioned metal roundabout that used to be part of the international border from the US into Mexico. We met in the amphitheater on the back of the park.

S9: Is the park a la policia and torture muchos gays , lesbians and us.

S3: According to Marisol , Park Ocho was where the old downtown police station was located. Many gay , lesbian and other queer folks were tortured here during the 80s and 90s , she says.

S2: It's been an important meeting point for pride marches and other queer activism since Maricela and Nancy wanted to hold their wedding here because of the significance of this space is official. They had everything ready to go for their wedding.

S3: Officiated for witnesses , guests , vendors and all.

S2: But this time , it wasn't the city administration that got in the way.

S20: 2020 has been the March 2020.

S2: Their wedding was planned for March 2020.

S3:

S2: Guess.

S1: Guess.

S9: Burro la pandemia in Mexico. Burro. Llamas. Yup.

S2: Covid 19.

S3: The pandemic. The timing.

S2: Everything was shutting down and the government was rolling out the stay at home orders.

S20: See ? In.

S9: Febrero. Entonces. No , no. Cancel systems.

S3: Knowing firsthand how bad Covid was they.

S2: Both got sick in early 2020.

S3: Maricela and Nancy did not want to risk it. Despite how long they waited. They opted to suspend the wedding.

S10: Period if it. Was. And so.

S2: After years of activism , the law in Baja remained unchanged. The state civil code did not match the federal Supreme Court ruling , and the right for same sex folks to marry in Baja freely was at an impasse.

S3: It was up to the whims of a clerk's personal belief to see if you could get married or not.

S2: But as the pandemic effectively shut things down. Well , it meant an opportunity for a young activist 120 miles east of Tijuana.

S3: In the scorching , blistering hot sun of Mexicali.

S21: Welcome to hell. Hell.

S5: The devil's the devil's ass. No no no no no no.

S21: Si si si si. Literal.

S3: To find out what happened next. Tune in in a couple of weeks. Nos vemos. Pronto.

S2: This episode of Port of Entry was written and produced by Julio Cesar Ortiz.

S3: Adrian Lobos is technical producer and sound designer. Elisa Barba is our editor.

S2: Lisa morissette is director of audio programming and operations , and Jen Decker is senior director of content development.

S3: This program is made possible in part by the Corporation for Public Broadcasting , a private corporation funded by the American people.

S2: This project was also made possible with the support from California Humanities , a nonprofit partner of the National Endowment for the Humanities. Visit column porque.

S3: Soy Alan.

S2: Lilienthal , soy Natalie Gonzalez.

S9: Nos vemos pronto.