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

The ability for same-sex couples to legally adopt a child.

Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.

The difference between legal age of consent for homosexual sex and heterosexual sex.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

In Mexico, there are no laws restricting to discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

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.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

Only Mexico City, Nayarit and Michoacan transgender people can change document without surgery not required.

Some states have banned conversion therapy. Nationwide ban pending.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Since 2011, Article 1 of the Political Constitution of the United Mexican States (1917) (federal constitution) prohibits discrimination based on “sexual preferences”. 3 out of 32 subnational jurisdictions bans discrimination based on gender identity in its State Constitutions. Article 1(3) of the Federal Act to Prevent and Eliminate Discrimination (2003) includes “sexual preferences” as one of the prohibited grounds of discrimination

Prohibition of discrimination based on sexual orientation and/or gender identity.

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. 

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.

Article 1 of the Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation.

Consensual sexual activity between individuals of the same sex.

In the 1600s to the revolution of the Second French intervention, Sodomy was heavily criminalized until Mexico adopted Spanish laws. Spanish laws still heavily criminalized acts of sodomy even though it was decriminalized in 1871. In 1901, there was a Dance of the 41s. The Dance of the 41s was 41 men dancing, 19 of them were dancing as women. 12 of the 19 men that were arrested were sent to a camp. In 2001, Sodomy was officially removed from Mexican Amendments. Number 41 has been seen as bad luck in recent Mexican history. 

	At the level of the federal government authorities, 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 explicity mentioned

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.

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.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

23/31 States of Mexico (and Mexico City) recognize same-sex marriage.

LGB people can serve in the military openly, Transgenders Can’t 

The ability for homosexuals to serve in the military and be open about their sexuality.

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.

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.

Legal recognition of non-binary, genderqueer, or third gender identities.

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.

Before February 11th, 2022, no non-binary person had ever been issued a non-binary gender marker in Mexico.

Mexico

Gay Manzanillo Guide 2024 - ברים, מועדונים, סאונות ועוד

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