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Public Opinion

Recent studies in Tabasco indicate societal resistance to LGBTQ+ rights, however, this is based on a limited number of data points.

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History

Homosexual activity in Tabasco

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Homosexual activity in Tabasco is legal.

Current status
Since Oct 5, 1929
Legal under federal Mexico 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 4, 1929
Legal under federal Mexico 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 14, 1872
Male illegal, female uncertain under federal Mexico 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: www.napoleon.org/en/history…

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

Original version: www.jornada.com.mx/2001/11/…
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Same-sex marriage in Tabasco

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Same-sex marriage in Tabasco is legal.

Current status
Since Oct 19, 2022
Legal
A same-sex marriage bill was introduced to Congress on October 12, 2022 by Deputy Jesús Díaz (MORENA). It was approved by a Congress committee on 17 October with 4 votes in favour and 2 abstentions, and a final vote was scheduled for Wednesday, 19 October. Congress passed the bill on 19 October by 23 votes to 5 with seven abstentions. Deputy Emilio Antonio Contreras Martínez de Escobar, a supporter of the legislation, said that "[i]t is necessary that, as representatives of society, we listen and represent society through this type of legislative actions". The bill was supported by members of the National Regeneration Movement and the Institutional Revolutionary Party. Opponents of the legislation organised prayer rallies outside the Congress building. The bill will take effect once it is published in the state's official journal.
Until Oct 18, 2022
Unrecognized
Until 2022, there was no legal recognition provided to same-sex couples in Tabasco.

Censorship of LGBT issues in Tabasco

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Censorship of LGBT issues in Tabasco is no censorship.

Current status
Since Dec 12, 1998
No censorship
In Tabasco, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the removal of homosexuality from Mexico's federal "corruption of minors" law. There were no state laws that considered homosexuality a "corruption of minors" in Tabasco.
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Jan 14, 1966–Dec 11, 1998
Imprisonment as punishment under federal Mexico law
In 1966, Article 201 of the Federal Penal Code mentioned homosexuality as an "immoral practice" that was discouraged to encourage to minors. Other states would also implement similar laws until the repeal in 1998.
Jan 1, 1600–Jan 13, 1966
State-enforced under federal Mexico law
LGBTIQ+ people faced heavy persecution in Mexico during the Spanish Inquisition.

When Mexico decriminalised homosexuality in 1872, there were still vague references that persecuted LGBTIQ+ people in practice in Article 787 against "violations against family order, public decency or traditional customs". The most notable case of this was in 1901 when 41 crossdressers were raided by the police in a private home.

Right to change legal gender in Tabasco

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Right to change legal gender in Tabasco is illegal.

Current status
Illegal
There is currently no legal gender recognition provided in Tabasco.
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Gender-affirming care in Tabasco

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Gender-affirming care in Tabasco is legal.

Current status
Legal under federal Mexico law
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.
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Legal recognition of non-binary gender in Tabasco

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Legal recognition of non-binary gender in Tabasco is not legally recognized.

Current status
Not legally recognized
There is no legal gender recognition provided to nonbinary and intersex people in Tabasco.
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LGBT discrimination in Tabasco

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LGBT discrimination in Tabasco is illegal.

Current status
Since Jun 11, 2003
Illegal under federal Mexico law
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 Tabasco

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LGBT employment discrimination in Tabasco is sexual orientation only.

Current status
Since Nov 11, 2012
Sexual orientation only under federal Mexico 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.

LGBT housing discrimination in Tabasco

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LGBT housing discrimination in Tabasco is sexual orientation only.

Current status
Since Jun 11, 2003
Sexual orientation only under federal Mexico 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 Tabasco

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Same-sex adoption in Tabasco is legal.

Current status
Since Apr 26, 2024
Legal
The Tabasco state congress legalized adoption by same-sex couples in April 2024.
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Until Apr 25, 2024
Illegal
Until 2024, same-couples could not legally adopt in Tabasco.
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Intersex infant surgery in Tabasco

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Intersex infant surgery in Tabasco is not banned.

Current status
Not banned under federal Mexico law
There is no ban on intersex infant surgery in Mexico, and they are reportedly commonplace.
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Serving openly in military in Tabasco

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Serving openly in military in Tabasco is legal.

Current status
Since 2012
Legal under federal Mexico law
Since 2012, LGBTIQ+ people are permitted to serve openly in the Mexican military.
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Until 2012
Don't Ask, Don't Tell under federal Mexico law
No laws seek to identify or prevent the enrollment of gays in Mexico’s armed services. However, a high prevalence of harassment, encouraged leave, and dishonorable discharge was often issued if one was interpreted as homosexual until 2012.

Blood donations by MSMs in Tabasco

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Blood donations by MSMs in Tabasco is legal.

Current status
Since Dec 25, 2012
Legal under federal Mexico 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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Jul 18, 1994–Dec 24, 2012
Banned (indefinite deferral) under federal Mexico law
In 1994, Mexico passed a policy on blood donation under NOM 003-SSA2 which explicitly banned gay and bisexual men from donating blood. The ban would be repealed in 2012.
Until Jul 17, 1994
Legal under federal Mexico law
Until 1994, there was no known policy or law restricting or banning blood donations from men who have sex with men in Mexico.

Conversion therapy in Tabasco

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Conversion therapy in Tabasco is banned.

Current status
Since Jun 8, 2024
Banned
Conversion therapy is banned in Tabasco under federal Mexican law.
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Until Jun 7, 2024
Not banned
Until Mexico’s federal ban in 2024, conversion therapy was legal in Tabasco.
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Equal age of consent in Tabasco

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Equal age of consent in Tabasco is equal.

Current status
Since Feb 15, 1872
Equal under federal Mexico law
Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.
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