1872 in LGBT Rights

In 1872, there were 1 recorded legal change made affecting LGBT people. In the previous year, there were 24 changes made and 1 in the following year. A total of 36 legal changes were made in the 1870s.

  • February 15
    Homosexual activity becomes legal.
    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 am 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.