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LGBT Rights in Mexico

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    Varies by Region
    Housing Discrimination
    ✖ Sexual orientation only
    Adoption
    Varies by Region
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    Varies by Region
    Age of Consent
    ✔ Equal

Public opinion in Mexico appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

History

Homosexual activity in Mexico

?

Homosexual activity in Mexico is legal.

Current status
Since 2001
Legal
Article 1 of the Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation.
Sources:
The Political Constitution of the Mexican United States, First Title, Chapter I, Article 1, p. 2

juridicas.unam.mx/infjur/le…
Added by johnfallot  ·  1 accurate vote  ·  Report Error  ·  Log

Until Jan 1, 2014
Legal
The concept has never been illegal in Mexico, but in the times of the colony by Spain, sodomy was a grave felony. Those proven guilty were burned by the Holy Inquisition. In the independent period homosexuality was an administrative felony, that was charged by the police at discretion. This practice has been waning since the arrival of the modern democracy at the beginning of the 21st century.

With the broad reform about human rights the protection of sexual preference was included in the federal constitution in 2011.

http://dof.gob.mx/nota_detalle.php?codigo=5194486&fecha=10/06/2011
Sources:
Book:

Garza, Federico. Quemando mariposas. Sodomía e imperio en Andalucia y México, siglos XVI-XVII. Laertes. Barcelona, 2002.
Added by alfredonarvaez  ·  1 accurate vote  ·  Report Error  ·  Log

1871–Jan 1, 2001
Ambiguous
Legalized during French occupation; enduring acceptance lacks protection against open homosexual displays.
Sources:
Irwin, Robert McKee, et al., eds. The Famous 41: Sexuality and Social Control in Mexico 1901. New York: Palgrave, 2003.

Lumsden, Ian. Homosexuality, Society and the State in Mexico. Toronto: Canadian Gay Archives, 1991.
Added by maxkasun  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Mexico

?

Same-sex marriage in Mexico is legal.

Current status
Since Oct 26, 2022
Legal
The congress of Mexico’s northeastern border state Tamaulipas has voted to recognise same-sex marriage, making it legal across the country.

Becoming the last of the country’s states to do so, Tamaulipas amended the state’s Civil Code on Wednesday, setting off cheers of “Yes, we can!” from supporters of the change.
Added by _it4_  ·  1 accurate vote  ·  Report Error  ·  Log

2010–Oct 27, 2022
Varies by Region
23/31 States of Mexico (and Mexico City) recognize same-sex marriage.
Sources:
Grillo, Ioan. "Mexico City's Revolutionary First: Gay Marriage." Time 24 Dec. 2009: n. pag. Web. 20 Aug. 2013.
Added by maxkasun  ·  0 accurate votes  ·  Report Error  ·  Log

Until Dec 20, 2009
Not legal
Added by martinhache  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Mexico

?

Censorship of LGBT Issues in Mexico is no censorship.

Current status
No censorship
In Mexico, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Mexico

?

Right to change legal gender in Mexico is legal, no restrictions.

Current status
Since Jun 2009
Legal, no restrictions
In 2009, the Supreme Court of Mexico established in its Judgment No. 6/2008 (2009) that the right to personal identity and free development of personality includes the right to gender identity and to "sexual reassignment", which obliges states to provide access to the "rectification of name and sex legal markers".
In 2018, the Court issued Judgment No. 1317/2017 (2018) where it analysed the most appropriate procedure to guarantee "sex-gender rectification in the Civil Registry". In summary, this judgment concluded that the type of authority (judicial or administrative) before which the procedure is conducted is irrelevant as long as the nature of the procedure is materially administrative. Specifically, it must (a) be comprehensive; (b) be based on free and informed consent, with no medical, psychological and/or pathologising requirements; (c) be confidential; (d) be expeditious and free of charge; and (e) it must not require surgical or hormonal treatments. Despite this, various Mexican have not unified their regulations and, in many cases, continue to require judicial processing and all sorts of evidence.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

Until 2008
Legal, no restrictions
Only Mexico City, Nayarit and Michoacan transgender people can change document without surgery not required.
Added by FabianArtist  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Mexico

?

Legal recognition of non-binary gender in Mexico is recognized.

Current status
Since May 17, 2023
Recognized
Non-binary Mexican citizens can choose to have an X as their gender marker rather than choosing male or female.

However, other IDs are handled on a state level basis and not all of them allow the X gender marker.
Added by Markissik  ·  1 accurate vote  ·  Report Error  ·  Log

Until May 17, 2023
Varies by Region
Legal gender is a state jurisdiction in Mexico. Recognized by Hidalgo
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Mexico

?

LGBT discrimination in Mexico is illegal.

Current status
Since Jun 11, 2003
Illegal
Since 2011, Article 1 of the Political Constitution of the United Mexican States (1917) (federal constitution) prohibits discrimination based on “sexual preferences”. 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination
Added by daveyroo  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Mexico

?

LGBT employment discrimination in Mexico is varies by region.

Current status
Since Jun 11, 2003
Varies by Region
Most of Mexico's states have enacted laws that ban discrimination based on sexual orientation or sexual preference, as well as gender. Many states also explicitly ban discrimination based on gender identity in local laws.
Added by alfredonarvaez  ·  0 accurate votes  ·  Report Error  ·  Log

Sexual orientation and gender identity

  1. Nuevo León 2016
  2. Sonora 2015
  3. Yucatán 2015
  4. Tlaxcala 2013
  5. Aguascalientes 2012
  6. Chihuahua 2007
  7. Baja California
  8. Baja California Sur
  9. Campeche
  10. Coahuila
  11. Morelos
  12. México
  13. Tabasco

Sexual orientation only

  1. Durango 2016
  2. Guanajuato 2014
  3. Chiapas 2014
  4. Nayarit 2014
  5. Puebla 2013
  6. Veracruz 2013
  7. Sinaloa 2013
  8. Guerrero 2009
  9. Hidalgo 2008
  10. Zacatecas 2005
  11. Tamaulipas 2004
  12. Querétaro

No protections

  1. San Luis Potosí 2009
  2. Colima
  3. Jalisco
  4. Michoacán
  5. Oaxaca
  6. Quintana Roo

LGBT housing discrimination in Mexico

?

LGBT housing discrimination in Mexico is sexual orientation only.

Current status
Sexual orientation only
At the level of the federal government authorities, Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination. This law applies to housing as per Article 9(XXI). Gender identity is not explicity mentioned
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in Mexico

?

Same-sex adoption in Mexico is varies by region.

Current status
Since Mar 21, 2010
Varies by Region
There is no federal law allowing for joint adoption and second parent adoption by same-sex couples. Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City
Added by maxkasun  ·  1 accurate vote  ·  Report Error  ·  Log

Legal

  1. Nayarit 2022
  2. Campeche 2016
  3. Veracruz 2016
  4. Colima 2016
  5. Michoacán 2016
  6. Chihuahua 2014
  7. México 2010
  8. Coahuila
  9. Morelos

Single only

  1. Jalisco

Ambiguous

  1. Aguascalientes
  2. Baja California
  3. Baja California Sur
  4. Chiapas
  5. Durango
  6. Guanajuato
  7. Guerrero
  8. Hidalgo
  9. Nuevo León
  10. Oaxaca
  11. Puebla
  12. Querétaro
  13. Quintana Roo
  14. San Luis Potosí
  15. Sinaloa
  16. Sonora
  17. Tabasco
  18. Tamaulipas
  19. Tlaxcala
  20. Yucatán
  21. Zacatecas

Serving openly in military in Mexico

?

Serving openly in military in Mexico is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since 2012
Lesbians, gays, bisexuals permitted, transgender people banned
LGB people can serve in the military openly, Transgenders Can’t
Added by FabianArtist  ·  0 accurate votes  ·  Report Error  ·  Log

Until 2012
Ambiguous
No laws seek to identify or prevent the enrollment of gays in armed services. High prevalence of harassment, encouraged leave, and dishonorable discharge if interpreted as homosexual.
Sources:
Medellín, Jorge Alejandro (October 17, 2010). "Homosexualidad y Ejército" [Homosexuality and the Military]. M Semanal (in Spanish) (Milenio).
Added by maxkasun  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Mexico

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Blood donations by MSMs in Mexico is legal.

Current status
Since Dec 25, 2012
Legal
Sources:
"Mexico Now Accepting Blood Donations from Gay and Bisexual Men" Genetic Engineering & Biotechnology News. 28 Dec. 2012. genengnews.com/gen-news-hig…
Added by maxkasun  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Mexico

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Conversion therapy in Mexico is varies by region.

Current status
Since Jul 31, 2020
Varies by Region
Some states have banned conversion therapy. Nationwide ban pending.
Added by chae  ·  0 accurate votes  ·  Report Error  ·  Log

Banned

  1. Sinaloa 2023
  2. Querétaro 2023
  3. Nuevo León 2022
  4. Sonora 2022
  5. Hidalgo 2022
  6. Puebla 2022
  7. Baja California 2022
  8. Jalisco 2022
  9. Oaxaca 2021
  10. Tlaxcala 2021
  11. Colima 2021
  12. Yucatán 2021
  13. Zacatecas 2021
  14. Baja California Sur 2021
  15. México

Not banned

  1. Aguascalientes
  2. Campeche
  3. Chiapas
  4. Chihuahua
  5. Coahuila
  6. Durango
  7. Guanajuato
  8. Guerrero
  9. Michoacán
  10. Morelos
  11. Nayarit
  12. Quintana Roo
  13. San Luis Potosí
  14. Tabasco
  15. Tamaulipas
  16. Veracruz

Equal age of consent in Mexico

?

Equal age of consent in Mexico is equal.

Current status
Since 1871
Equal
Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.
Added by maxkasun  ·  0 accurate votes  ·  Report Error  ·  Log