- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- Ambiguous
- Gender-Affirming Care
- Unknown
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ Sexual orientation only
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Unknown
- Age of Consent
- ✔ Equal
Public Opinion
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Homosexual activity in Aguascalientes is legal.
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.
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.
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.
Same-sex marriage in Aguascalientes is legal.
Censorship of LGBT issues in Aguascalientes is no censorship.
Right to change legal gender in Aguascalientes is ambiguous.
Gender-affirming care in Aguascalientes is unknown.
Legal recognition of non-binary gender in Aguascalientes is not legally recognized.
LGBT discrimination in Aguascalientes is illegal.
LGBT employment discrimination in Aguascalientes is sexual orientation and gender identity.
LGBT housing discrimination in Aguascalientes is sexual orientation only.
Same-sex adoption in Aguascalientes is legal.
Intersex infant surgery in Aguascalientes is unknown.
Serving openly in military in Aguascalientes is legal.
Blood donations by MSMs in Aguascalientes is legal.
Conversion therapy in Aguascalientes is unknown.
Equal age of consent in Aguascalientes is equal.