Background on the Controversial Reforms
The Mexican states of Hidalgo and San Luis Potosí are currently processing constitutional reforms, dubbed the “wife law” and “governor’s wife law,” respectively. These reforms aim to ensure a woman governs San Luis Potosí starting in 2028 for five years, rather than the current two-year term. This change is intended to align local elections with federal elections in 2030. The controversy stems from the exclusion of male candidates in these specific elections.
Experts’ Opinions on the Constitutionality of the Reforms
Constitutional experts from UNAM, Alberto del Castillo del Valle and Gerardo Hurtado Montiel, have declared both reforms unconstitutional.
- Del Castillo del Valle: The reforms violate the constitutional principle of equality, as they distinguish between citizens based on sex. Everyone should have the right to participate in elections, regardless of gender.
- Hurtado Montiel: The reforms infringe on the constitutional rights of free development of personality, non-discrimination, and gender equality as outlined in Articles 1 and 4 of the Federal Constitution.
Potential Legal Outcomes
If Morena, the political party led by Luisa María Alcalde, pursues an action of unconstitutionality against the San Luis Potosí reform before the Supreme Court of Justice of the Nation (SCJN), both experts agree that the court will likely declare the reform invalid.
Contextualizing the Reforms
The “wife law” in San Luis Potosí is named after its intent to favor the political aspirations of Senator Ruth González Silva, wife of incumbent governor Ricardo Gallardo Cardona. Similarly, Hidalgo’s “governor’s wife law” aims to ensure a woman governs the state starting in 2028 for five years. Both reforms restrict male candidates in local elections, despite the federal elections occurring in 2030.
Implications and Concerns
Critics argue that these reforms promote nepotism, as they prioritize female candidates over qualified male contenders. Del Castillo del Valle points out that such distinctions based on sex are unacceptable, as talent can be found in both genders.
“These reforms are discriminatory and violate the constitutional principle of equality,” Del Castillo del Valle emphasized.
Similar Reforms in Other States
In Nuevo León, a similar reform is under consideration. This version, also referred to as the “wife law,” is dedicated to Mariana Rodríguez, wife of Governor Samuel García, who is expected to succeed him.
The San Luis Potosí constitutional reform specifically targets articles 36 and 72, mandating gender alternation in gubernatorial candidate selection based on the gender of the previous election’s winner. The transitional second article stipulates that only female candidates can be registered for the governor position in the 2027 local election.
