Mexican Supreme Court, in decision of 'infamy,' annuls constitutional protections for unborn

Mexico City Newsroom, Sep 9, 2021 / 16:40 pm

The Supreme Court of Justice of the Nation (SCJN), the highest judicial body in Mexico, ruled September 9 against the protection of life from conception in the Constitution of the Mexican state of Sinaloa. This is the court's second ruling in favor of abortion in less than a week, a ruling that could have dramatic consequences in the other states of the country.

The decision of the Mexican Supreme Court invalidates part of Article 4 of the Sinaloa Constitution, which read that "the State protects the right to life from the moment an individual is conceived."

Critics of the decision noted that the court only has powers to invalidate regulations, not constitutional laws, and defended the sovereignty of the state constitutions, which are below only the Political Constitution of the United Mexican States.

Currently, 23 of 32 Mexican federated entities included provisions in their constitutions to defend human life from conception, all of which may now be in jeopardy by this ruling.

Deputies of the National Regeneration Movement party (MORENA), of the current president of Mexico, Andrés Manuel López Obrador, challenged the pro-life constitutional reform in Sinaloa that took place in 2018 and took the case before the Supreme Court, which this September 9 ruled in their favor.

In dialogue with CNA's sister agency, ACI Prensa, Rodrigo Iván Cortés, president of the National Front for the Family, described the Supreme Court's ruling as "infamy" and encouraged Mexicans to "express our rejection."

Cortés explained that “the Supreme Court of Justice of the Nation only has the power to invalidate a portion of the regulations, it cannot order to change laws, or to create new ones. They cannot do it, it is not within their powers.”

He pointed out that "what we can foresee is that this regime of the 4T,” the fourth transformation, as López Obrador calls his government, "will be seeking to change the 23 constitutions that protect life."

“But that cannot be done with a court order. That is totally invalid, there is no faculty for it. But they are going to take advantage of it as a pretext to try to change the constitutions.”

By doing this, he warned, the López Obrador government "would consolidate itself as a regime of death."

Marcial Padilla, director of the pro-life platform ConParticipación, regretted that the Supreme Court ministers have ruled "again against life," in reference to the September 7 ruling that invalidated the articles that condemned abortion in the penal code of the Mexican state of Coahuila.

Padilla criticized the Mexican Supreme Court for its determination that the "expressed recognition of the right to life in the constitution of that state should be annulled." Additionally, he warned the removal of this protection of the right to life "could also have effects on the other states of the country that also recognize the right to life in their constitutions."

For Padilla, “this resolution is a supreme injustice. The Supreme Court undermines the sovereignty of the state of Sinaloa by imposing a decision contrary to the one that the legislators of that entity had already taken: to protect children in the womb."

MORENA, with a majority in many Mexican states since 2018, the year in which López Obrador won the presidency, has vigorously promoted the decriminalization of abortion.

Until 2018, only Mexico City had decriminalized free abortion on demand up to 12 weeks of gestation. Mexico City - formerly known as the Federal District - is a federal entity with the same powers as a state.

The approval of abortion in Mexico City occurred in 2007, when Marcelo Ebrard was head of government of the then Federal District. Ebrard is currently Secretary of Foreign Relations in the government of Andrés Manuel López Obrador.

Just in the first three years of López Obrador's administration, MORENA has managed to decriminalize free abortion on demand until week 12 in the states of Oaxaca, Hidalgo and Veracruz.

The Supreme Court of Justice of the Nation will take up the discussion of an action of unconstitutionality on the right to conscientious objection in the General Health Law, which could lead to health professionals being forced to participate in abortions, this coming Monday, September 13, 2021.

Through the CitizenGO platform, more than 60,000 people have signed a campaign expressing their rejection of abortion and the provisions of the Supreme Court.

Some 30,000 people have signed a similar campaign on the Activate platform.

The National Front for the Family and various pro-life organizations in Mexico will illuminate the exterior of the Supreme Court building tonight at 8:30 p.m. with messages in favor of life.

A public demonstration in defense of life outside the Supreme Court is also scheduled for Monday, September 13, 2021.