Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ Sexual orientation only
    Adoption
    Varies by Region
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public opinion in Mexico appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Perception of LGBTQ+ People

Survey results from 15 LGBTQ+ Equaldex users who lived in or visited Mexico.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in Mexico

?

Homosexual activity in Mexico is legal.

Current status
Since Oct 5, 1929
Legal federal law
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.
Feb 15, 1872–Oct 5, 1929
Legal federal law
Mexico’s first Penal Code (published in 1871) which entered into force in 1872, made no reference to the criminalisation of sodomy or any other consensual same-sex act between adults.

Nevertheless, LGBTQ people could be prosecuted under the vague language of article 787 (Third Book; Title 6 'Violations against family order, public decency, or traditional customs'; chapter II 'Offences against public morals or good manners'), which never mentioned any sexual orientation or gender identity. The penalty included arrest and a fine if the alleged 'indecent act' was committed either in a public place (with or without witnesses) or in a private place.

The first known reference of the application of this article towards LGBTQ people dates from November 1901 when the scandal of the 'baile de los cuarenta y uno' (the 'Ball of the Forty-One') occurred. Police illegally raid a private home in Mexico City where 41 men (some of them dressed in women's clothing) from the upper classes of the Mexican society were attending an event. The identity of the suspects was never disclosed, but according to some sources, there are some press articles at the time that state some of them could be conscripted into the army and sent to Yucatán to public works. This was as the Caste War against the Mayan Indigenous rebels was finalising. There are seven names listed in the records of the Supreme Court who filed a writ of protection against their conscription to the army because homosexuality was not illegal in Mexico at the time. Hence, the charge was simply replaced (crime against decency), but the punishment didn't change.

This Penal Code was replaced in 1929.
Jan 1, 1600–Feb 15, 1872
Male illegal, female uncertain federal law
From the 1600s to the short Second French intervention and the subsequent restoration of the Republic under President Juárez, sodomy was heavily criminalized in Mexico. The medieval laws issued in the Kingdom of Castile were still valid for all the territories of the Hispanic Monarchy in the Americas. These laws still heavily criminalised acts of sodomy and were still part of the chaotic Mexican legal body even after achieving independence.
In the first half of the 19th century, Mexico experienced political instability and a series of civil wars and revolts. All the efforts to enact a solid, unified legal body for this new country were unsuccessful until the 1870s.
Sources:
Garza, Federico. Quemando mariposas. Sodomía e imperio en Andalucia y México, siglos XVI-XVII. Laertes. Barcelona, 2002. (Spanish)

utpress.utexas.edu/9780292779945/ (English & Book)

database.ilga.org/mexico-lgbti

dof.gob.mx/nota_detalle.php… (Spanish)

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. (English)

Timeline of war: napoleon.org/en/history-of-…

Translated version: www-jornada-com-mx.translat…

Original version: jornada.com.mx/2001/11/08/l…
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Same-sex marriage in Mexico

?

Same-sex marriage in Mexico is legal.

Current status
Since Dec 31, 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.
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2010–Dec 31, 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.
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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.
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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.
Until 2008
Legal, no restrictions
Only Mexico City, Nayarit and Michoacan transgender people can change document without surgery not required.
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Gender-affirming care in Mexico

?

Gender-affirming care in Mexico is legal.

Current status
Since 1998
Legal
In 1998, Mexico adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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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.
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Feb 11, 2022–May 17, 2023
Varies by Region
On February 11th, 2022, Fausto Martínez became the first person in Mexico to receive a non-binary gender marker on their birth certificate. The marker was issued by the Civil Registry of Guanajuato.
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Until Feb 11, 2022
Not legally recognized
Before February 11th, 2022, no non-binary person had ever been issued a non-binary gender marker in Mexico.
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LGBT discrimination in Mexico

?

LGBT discrimination in Mexico is illegal.

Current status
Since Jun 11, 2003
Illegal
Since 1917, Article 1 of the Political Constitution of the United Mexican States has prohibited discrimination on any grounds. However, the explicit mention of sexual orientation as a basis for discrimination was only added during the 2011 reform of this article. Since then, it has also established that all Mexican authorities, within their respective jurisdictions, are obligated to promote, respect, protect, and guarantee human rights, in accordance with the principles of universality, interdependence, indivisibility, and progressiveness. Consequently, the Mexican State must prevent, investigate, sanction, and remedy human rights violations. Provisions related to human rights must be interpreted in accordance with the Constitution and international treaties, always favouring the broadest protection for individuals.

Before this, in 2003, the Federal Law to Prevent and Eliminate Discrimination was enacted, marking the first legal tool requiring the Mexican State to create the conditions necessary for the real and effective equality of individuals. As a result, federal authorities must take action, both independently and collaboratively, to remove obstacles that hinder or prevent the full development of individuals and ensure that everyone enjoys the rights and freedoms guaranteed by the Political Constitution of the United Mexican States and by international treaties to which Mexico is a party. And thus, Article 4 (now Article 1, section III after the 2014 reform) of this law explicitly includes sexual orientation as one of the grounds for negative discrimination.

Also, 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions.

LGBT employment discrimination in Mexico

?

LGBT employment discrimination in Mexico is sexual orientation only.

Current status
Since Jan 11, 2012
Sexual orientation only federal law
Since 2003, the Federal Law to Prevent and Eliminate Discrimination has defined in Article 9, sections III and IV, the following as acts of negative discrimination:
• Prohibiting the free choice of employment or restricting opportunities for access, retention, and promotion within it.
• Creating differences in wages, benefits, and working conditions for equal work.
This is directly related to sexual orientation, as the former Article 4 of this law (renumbered as Article 1, section III after the 2022 reform) explicitly includes it as a basis for potential discrimination.

Subsequently, in 2014, section V was added to the same Article 9, stating that creating differences in wages, benefits, and working conditions for equal work is also considered another act of negative discrimination.

In 2012, Article 2 of the Mexican Federal Labour Law was amended to explicitly include sexual orientation in the list of factors for which employers, both public and private, must not discriminate against their workers. This reform aimed to foster dignified working environments that uphold human dignity.
Similarly, Article 3 was also revised to state that work is a right and a social responsibility; it is not a commodity. Therefore, no discriminatory practices based on workers' sexual orientation may be allowed.
Likewise, since then, Article 56 has stipulated that working conditions may never be less favourable than those established by the Law and must be proportional to the importance of the services provided and equal for equal work, with no differences or exclusions based on sexual orientation.
Jun 11, 2003–Nov 30, 2012
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.
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LGBT housing discrimination in Mexico

?

LGBT housing discrimination in Mexico is sexual orientation only.

Current status
Since Jun 11, 2003
Sexual orientation only federal law
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 explicitly mentioned
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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

Legal

  1. Tabasco 2024
  2. Baja California 2024
  3. Quintana Roo 2022
  4. Nayarit 2022
  5. Chiapas 2017
  6. Campeche 2016
  7. Veracruz 2016
  8. Colima 2016
  9. Michoacán 2016
  10. Chihuahua 2014
  11. México 2010
  12. Aguascalientes
  13. Coahuila
  14. Jalisco
  15. Morelos

Illegal

  1. Baja California Sur

Intersex infant surgery in Mexico

?

Intersex infant surgery in Mexico is not banned.

Current status
Not banned
There's no ban on intersex infant surgery in Mexico
Sources:
no sources
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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
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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).
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Blood donations by MSMs in Mexico

?

Blood donations by MSMs in Mexico is legal.

Current status
Since Dec 25, 2012
Legal federal law
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.
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Conversion therapy in Mexico

?

Conversion therapy in Mexico is banned.

Current status
Since Jun 8, 2024
Banned
Conversion therapy is a federal offence under Article 209 Quintus of the Federal Penal Code (Código Penal Federal) and Article 465 Ter of the General Health Law (Ley General de Salud).

Conversion therapy is defined as any treatment, service, therapy, or practice intended to obstruct, restrict, impede, diminish, annul, or suppress sexual orientation or gender identity/expression.

Those liable under the law include anyone who practices, conducts, imparts, applies, forces, or funds such activities.

Sanctions include:
- 2 to 6 years in prison and a fine of 2,000 UMA (Unidad de Medida y Actualización, a unit updated yearly based on inflation. In 2024, 2,000 UMA exceeded $11,000 USD).
- Sanctions are doubled if the victim is a minor (-18), an elderly person (+60), or a person with a disability; or if the perpetrator is a public/government employee, or they have any relationship with the victim (such as family member; or employer, teacher, medical professional, doctor, nurse, or psychologist). Additionally, the latter will face professional dismissal, disqualification, and suspension (1 to 3 years or equivalent to the prison sentence).
- Sanctions are further doubled if any kind of violence (physical, psychological, or moral) is used against the victim.
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Jul 24, 2020–Jun 8, 2024
Varies by Region
Mexico City was the first region within Mexico to ban conversion therapy. Here is a list in chronological order showing every region that has banned the practice:
- Mexico City (2020)
- State of Mexico (2020)
- Oaxaca (2021)
- Baja California Sur (2021)
- Zacatecas (2021)
- Yucatán (2021)
- Tlaxcala (2021)
- Colima (2021)
- Jalisco (2022)
- Baja California (2022)
- Hidalgo (2022)
- Sonora (2022)
- Nuevo León (2022)
- Puebla (2023)
- Querétaro (2023)
- Sinaloa (2023)
- Morelos (2023)
- Quintana Roo (2023)
- Guerrero (2024)
Until Jul 24, 2020
Not banned
Before Mexico City’s ban, no federal entity in Mexico outlawed conversion therapy.
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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+.
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