This previous Penal Code from 1872 was replaced in 1929. The new legal order aimed to modify the legal architecture of the Porfirio Díaz dictatorship, which was based on penal repression, to align it with the context of the constitutional guarantees and social justice proclaimed by the Mexican Revolution of 1910.

Once again, any notion of homosexuality (both male and female) was formally excluded from the document. The potential criminalization allowed by the previous code due to the vagueness of the sanctions related to 'offenses against public morality and good customs' is now technically limited solely to a prohibition of pornography. Thus, Article 536 536 (Second Book; Title 8 'Crimes against Public Morality'; Chapter I 'Offenses against Public Morality or Good Customs') mentions imprisonment and fines for those who reproduce or manufacture obscene writings, images, or objects, as well as for those who display or commercialize such obscene expressions in public.

Again, in 1931, the penal code was substituted by the one that still governs at the federal level today. However, in 1966, Article 201 (Third Book; Title 8 'Crimes against Public Morality and Good Customs'; Chapter II 'Corruption of Minors') was reformed, and for the first time, a reference to homosexuality appeared. It established imprisonment for anyone who induces or incites a minor under 18 years old to engage in 'homosexual practices.' The penalty was doubled if the act was repeated and resulted in the minor 'acquiring habits of homosexual practices.'

Finally, those last provisions that indirectly incited the criminalization of homosexuality were eliminated in the 1999 reform.

On the 27th of June 2019, the state congress approved a same-sex marriage law in a 14-5 law with one absentation. The law was able to be passed after the National Regeneration Movement and corresponding coaliation was able to gain a majority in the state congress. The governor signed the law the same day and it was published in the official gazette the next week. The law took effect on the 29th of June 2019.

In Baja California Sur, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the removal of homosexuality as a "corrupt habit" in its corruption of minors law.

In 2021, Baja California Sur provided for legal gender recognition on the basis of self-identification. In 2024, this was expanded to include nonbinary people and minors.

There are no government restrictions placed on gender-affirming care and government guidelines for public health institutions endorse medical intervention with transgender youth. However availability proves a problem in many areas.

In 2024, Baja California Sur began providing legal gender recognition for nonbinary and intersex people.

In 2021, Baja California Sur added gender identity as a protected characteristic in its anti-discrimination law.

In 2021, Baja California Sur added gender identity as a protected characteristic in its anti-discrimination law, including in employment.

In 2021, Baja California Sur added gender identity as a protected characteristic in its anti-discrimination law, including in housing.

Adoption is currently illegal in Baja California Sur. Initially, a bill had passed the congress that legalized the recognition of homoparental adoptions in November 15th 2022. The second transitory article of the decree regulated that from the date the decree comes into force, the State Directorate of the Civil Registry will have 60 days to make the relevant adjustments. However, the governor went on to veto the bill on March 20, 2024 citing re-analysis and review of the procedure. The governors move did not come without outcry and scrutiny for the decision.

Surgery on intersex infants is legal in Baja California Sur.

Since 2012, LGBTIQ+ people are permitted to serve openly in the Mexican military.

NOM 253 removes targeted restrictions on blood donations from gay and bisexual men. Instead, it prohibits donations from individuals with HIV or hepatitis, their partners, and those who participate in "high-risk sexual practices," irrespective of their sexual orientation.

The Government of Baja California Sur approved the 'Trans Identity Law' that prohibits conversion therapies and allows gender self-determination.

Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.