LGBT Rights in Mexico

Homosexuality
⚢
✔ Legal
Marriage
⚭
✔ Legal
Changing Gender
✔ Legal, but requires surgery
Adoption
✔ Legal
Discrimination
✔ Illegal
Housing Discrimination
✔ Sexual orientation and gender identity
Employment Discrimination
✔ Sexual orientation and gender identity
Military
Ambiguous
Age of Consent
Ambiguous
Donating Blood
✔ Legal
Conversion Therapy
✔ Banned

Public Opinion

"Should Society Accept Homosexuality?"

Mexico ranks #12 out of 39 countries surveyed. (Source: Pew Research Center, June 4, 2013)

(30%) No

Yes (61%)

History

Homosexual activity in Mexico

Current status
(since 2001)

Legal

Article 1 of the Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation.

Details · Accurate? Yes No

1871–Jan 1, 2001

Ambiguous

Legalized during French occupation; enduring acceptance lacks protection against open homosexual displays.

Details · Accurate? Yes No

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

Details · Accurate? Yes No

Same-sex marriage in Mexico

Current status
(since Dec 21, 2009)

Legal

Recognized in 31/31 states; Several states (Oaxaca, Mérida and Chihuahua) have now performed same-sex marriages via judicial proceedings/ court order.

Details · Accurate? Yes No

Until Dec 20, 2009

Not legal

Details · Accurate? Yes No

Until Jan 1, 2017

Varies by Region

Some states in Mexico is legally performed the same- sex marriage

Some states, Same-sex marriage celebrated via judicial proceedings / court order.

Details · Accurate? Yes No

Right to change legal gender in Mexico

Current status
(since Mar 13, 2003)

Legal, but requires surgery

Only in Mexico City.

Details · Accurate? Yes No

Mar 13, 2003–Sep 10, 2017

Legal, surgery not required

Nationwide since 2008

Details · Accurate? Yes No

Until 2008

Legal, surgery not required

Only Mexico City, Nayarit and Michoacan transgender people can change document without surgery not required.

Details · Accurate? Yes No

Same-sex adoption in Mexico

Current status
(since Dec 21, 2009)

Legal

Joint adoption legal in the Federal District of Mexico City (2010) and the state of Coahuila. Single gay persons may adopt nationwide.

Details · Accurate? Yes No

LGBT discrimination in Mexico

Current status
(since Apr 29, 2003)

Illegal

The National Council to Prevent Discrimination, CONAPRED, takes action to ensure equality for all citizens. This includes promoting new policies and resolving complaints of allegedly discriminatory acts.

Details · Accurate? Yes No

LGBT housing discrimination in Mexico

Current status

Sexual orientation and gender identity

under Mexico anti discrimination law.

Details · Accurate? Yes No

LGBT employment discrimination in Mexico

Current status
(since Nov 30, 2010)

Sexual orientation and gender identity

The recent reform or the labour law includes a non discrimination article that protects gender and sexual preferences.

Details · Accurate? Yes No

Homosexuals serving openly in military in Mexico

Current status
(since Mar 5, 2017)

Legal

LGBT people can serve in military

Details · Accurate? Yes No

Current status

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.

Details · Accurate? Yes No