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.

Durango state legalized Same Sex marriages at 19 September 2022

In Durango, there are no laws restricting the discussion or promotion of LGBTQ+ topics as its new Penal Code contained no mentions of homosexuality as a "corrupt habit" in its law against corruption of minors.

There is currently no legal gender recognition provided in Durango. Trans adults require a federal amparo to change their legal gender while trans minors require lengthy court challenges.

There are no government restrictions placed on gender-affirming care to transgender people (both adults and minors). There are some government guidelines to secure equal and effective access to quality healthcare for transgender people (both adults and minors), by defining guiding standards and concrete actions to be implemented across facilities within the public health system for public health institutions.

However, availability proves a problem in many areas. At present, at least three public clinics provide specialized, comprehensive medical care to transgender individuals not covered by any public or private insurance scheme, thereby offering services free of charge. These clinics are located in the country’s three most populous cities: Mexico City, Guadalajara, and Monterrey.

There is no legal gender recognition provided to nonbinary and intersex people in Durango.

In 2018, Durango amended its constitution to add gender identity as a protected characteristic from all forms of discrimination.

In 2018, Durango added gender identity as a protected characteristic from discrimination in employment.

In 2018, Durango added gender identity as a protected characteristic from discrimination in housing.

There are no legal prohibitions on same-sex couples adopting in Durango. However, there is also no law explicitly allowing them to.

Surgery on intersex infants is legal in Durango.

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.

Conversion therapy is banned in Durango under federal Mexican law.

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