Gay laws in mexico

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However, laws against public immorality or indecency were still used to prosecute persons engaging in same-sex acts.

In recent years, the LGBT movement in Mexico has made significant progress in advancing both cultural and political awareness. Always seek current information and advice before traveling, and remain vigilant, as bad actors can be found in any country.


In Chihuahua, state authorities prohibit the use of inclusive language in public schools. References to homosexuality were removed from Article 201 of the Federal Penal Code, which had previously addressed the “corruption of minors” and included homosexuality among the listed conduct.

However, some state and local regulations have continued to associate same-sex relationships or gender nonconforming expression with conduct considered inappropriate for minors.

By being well-informed and cautious, you can ensure a safe and enjoyable experience in Mexico while also supporting the ongoing fight for LGBT rights and equality.

Public opinion in Mexico appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Survey results from 22 LGBTQ+ Equaldex users who lived in or visited Mexico.

Perceived Safety*
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 general public
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation
Representation in entertainment

Culture
Interest groups and clubs

Services
Support and social services

History

Homosexual activity in Mexico

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Homosexual activity in Mexico is legal.

Current status
This previous Penal Code from 1872 was replaced in 1929.

In 2015, the Supreme Court of Mexico took a major step forward by essentially legalizing same-sex marriage, declaring that any state law restricting marriage to heterosexual couples is discriminatory. Over the years, the Mexican government has addressed discrimination, the right to marry, and gender identity protections.

This was as the Caste War against the Mayan Indigenous rebels was finalising.

gay laws in mexico

Beyond marriage, the SCJN also affirmed the right of same-sex couples to adopt children. Ensuring that you have up-to-date and accurate information on the situation in different regions is essential to stay secure and make informed choices on your travel plans.

Lastly, remember that situations can change quickly, and information may become outdated.

These advances offer hope and security, yet the journey continues. Despite this, various Mexican states have not unified their regulations and, in many cases, continue to require judicial processing and all sorts of evidence.

Legal, no restrictions

  1. Guerrero2025
  2. Veracruz2025
  3. Guanajuato2024
  4. Campeche2024
  5. Yucatán2024
  6. Zacatecas2023
  7. Sinaloa2022
  8. Baja California2022
  9. Morelos2021
  10. México2021
  11. Baja California Sur2021
  12. Puebla2021
  13. Sonora2021
  14. Jalisco2020
  15. Quintana Roo2020
  16. Nuevo León2020
  17. Chihuahua2019
  18. Hidalgo2019
  19. Tlaxcala2019
  20. Oaxaca2019
  21. San Luis Potosí2019
  22. Colima2019
  23. Coahuila2019
  24. Michoacán2017
  25. Nayarit2017
  26. Mexico City2015
  27. 11 more

Illegal

  1. Aguascalientes
  2. Chiapas
  3. Durango
  4. Querétaro
  5. Tabasco
  6. Tamaulipas

Legal recognition of non-binary gender in Mexico

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Legal recognition of non-binary gender in Mexico is 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.

These include the right to equal protection, freedom from discrimination, and the right to marry. While some states, such as Mexico City, have progressive laws protecting the community, other states still have discriminatory practices. The Federal Law to Prevent and Eliminate Discrimination, enacted in 2003, explicitly prohibits discrimination based on sexual orientation in various areas, including employment, housing, and access to public services.

However, it is essential to remain updated on the current legal situation and exercise caution, whether as a citizen or a visitor to the country, while promoting the work of relevant LGBT advocacy groups.

The LGBT Social Situation In Mexico

Mexico’s societal views on LGBT rights have been evolving over time, but discrimination and violence still exist.

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. Despite considerable advancements in legal rights, it is always possible to encounter discriminatory attitudes or behaviors from individuals.

Following Supreme Court directives, many states adopted similar administrative procedures, enabling transgender individuals to update birth certificates and other identity documents to reflect their self-perceived gender. The nation has progressively moved towards a more inclusive legal framework, reflecting a broader societal shift.