LGBT rights in Mexico

This article is about LGBT rights in Mexico. For general LGBT topics in Mexico, see LGBT in Mexico.

LGBT rights in Mexico
Mexico
Status	Legal since 1871
Gender identity	Transgender persons can change their legal gender and name in Mexico City (since 2008).
Discrimination protections	Sexual-orientation protection nationwide since 2003 (see below)
Family rights
Recognition of relationships	Same-sex marriage in Mexico City since 2010 and in Quintana Roo since 2012. Civil unions in Coahuila since 2007
Adoption	Joint adoption legal in Mexico City (2010) and Coahuila. Nationwide, single gay persons may adopt.

Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.

Tolerance of sexual diversity in certain indigenous cultures is widespread, especially among Isthmus Zapotecs and Yucatán Mayas.

The age of consent, at which there are no age restrictions on consensual sexual activities (regardless of sexual orientation), is 18. Mexican states have a "primary" age of consent, which may be as low as 12. Sexual conduct with persons below that age is always illegal. Sexual relations between adults and teenagers are a legal gray area, with situational laws subject to interpretation.

As the influence of foreign and domestic cultures (especially from more cosmopolitan areas like Mexico City) grows throughout Mexico, attitudes are changing. This is most-marked in the largest metropolitan areas, such as Guadalajara, Monterrey, and Tijuana, where education and access to foreigners and foreign news media are greatest. Change is slower in the hinterlands, however, and even in large cities discomfort with change often leads to backlashes.

Since the early 1970s, influenced by the United States gay liberation movement and the 1968 Tlatelolco massacre, a substantial number of LGBT organizations has emerged. Visible and well-attended LGBT marches and pride parades have occurred in Mexico City since 1979 and in Guadalajara since 1996.

Political and legal gains have been made through the left-wing Party of the Democratic Revolution, leftist minor parties such as the Labor Party and Convergence, and the centrist, long-governing Institutional Revolutionary Party. They include the 2001 amendment to Article 1 of the Federal Constitution to prohibit discrimination based on sexual orientation, the 2003 federal anti-discrimination law, recognition of same-sex civil unions in Mexico City and the state of Coahuila, and same-sex marriage in Mexico City, Quintana Roo, and generally in Colima. Adoption rights have been extended to same-sex couples in Mexico City and Coahuila.

Timeline

2009 LGBT Pride Parade in Mexico City. The first parade, in 1979 (also known as LGBT Pride March), attracted over 1,000 marchers.

• 1569: An official Inquisition was created in Mexico City by Philip II of Spain. Same-sex sexual acts were a prime concern, and the Inquisition inflicted stiff fines, spiritual penances, public humiliations, and floggings for what it deemed to be sexual sins.
• 1821: Mexican independence from Spain brought an end to the Inquisition and colonial homosexual oppression.
• 1871: The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code. This meant that sexual conduct in private between adults (regardless of gender) ceased to be a criminal matter.
• 1901 (20 November): Mexico City police raided an affluent drag ball, arresting 42 cross-dressed men. One was released, allegedly a close relative of President Porfirio Díaz. The resulting scandal, known as the "Dance of the 41 Maricones", received widespread press coverage.
• 1959: Mayor Ernesto Uruchurtu closed all gay bars in Mexico City under the guise of "cleaning up vice" (or reducing its visibility).
• 1971: The Homosexual Liberation Front (Frente de Liberación Homosexual), one of the first LGBT groups in Latin America, was organized in response to the firing of a Sears employee because of his (allegedly) homosexual behavior.
• 1979: The country's first LGBT pride parade was held in Mexico City.
• 1982: Max Mejía, Pedro Preciado, and Claudia Hinojosa became the first openly gay politicians to run for seats in the Congress of Mexico.
• 1991: Mexico hosted a meeting of the International Gay and Lesbian Association, the first meeting of the association outside Europe.
• 1997: Patria Jiménez, a lesbian activist, was selected for proportional representation in the Chamber of Deputies of Mexico, representing the left-wing Party of the Democratic Revolution.
• 1999 (August): The First Meeting of Lesbians and Lesbian Feminists was held in Mexico City. From this meeting evolved an organized effort for expanded LGBT rights in the nation’s capital.

September: Mexico City passed an ordinance banning discrimination based on sexual orientation, the first of its kind in the country.

• 2000: Enoé Uranga, an openly lesbian politician, proposed a bill that would have legalized same-sex civil unions in Mexico City. The local legislature, however, decided not to enact the bill after widespread opposition from right-wing groups.
• 2001: Article 1 of the Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation.
• 2003 (29 April): A federal anti-discrimination law was passed and a national council immediately created to enforce it.

Amaranta Gómez became the first transgender woman to run for a seat in the Congress of Mexico.

• 2004 (13 March): A change to the Mexico City Civil Code took effect that allows transgender people to change the gender and name on their birth certificates.
• 2006 (9 November): Mexico City legalized same-sex civil unions.
• 2007 (11 January): The northern state of Coahuila legalized same-sex civil unions.

31 January: The nation's first same-sex civil union ceremony was performed in Saltillo, Coahuila.

• 2009: Miguel Galán, from the defunct Social Democratic Party, became the first openly gay politician to run for mayor in the country.

21 December: Mexico City's Legislative Assembly passed a bill legalizing same-sex marriage, adoption by same-sex couples, loan applications by same-sex couples, inheritance from a same-sex partner, and the sharing of insurance policies by same-sex couples. Eight days later, Mayor Marcelo Ebrard signed the bill into law.

• 2010 (4 March): The same-sex marriage law took effect in Mexico City.

5 August: The Supreme Court of Justice of the Nation, the highest federal court in the country, voted 9–2 to uphold the constitutionality of Mexico City's same-sex marriage reform. Four days later, it upheld the city's adoption law.

• 2011 (24 November): The Coahuila supreme court struck down the state's law barring same-sex couples from adopting, urging the state's legislature to amend the adoption law as soon as possible.

28 November: Two same-sex couples were married in Kantunilkin, Quintana Roo, after discovering that Quintana Roo's Civil Code does not specify gender requirements for marriage.

• 2012 (January): Same-sex marriages were suspended in Quintana Roo pending legal review by Luis González Flores, the secretary of state of Quintana Roo.

(April): Roberto Borge Angulo, the governor of Quintana Roo, annulled the two same-sex marriages performed in Kantunilkin.

(May): Luis González Flores reversed Borge Angulo's annulments in a decision allowing for future same-sex marriages to be performed in Quintana Roo.

• 2012 (December): The Supreme Court in Mexico City struck down an Oaxaca state law that had limited marriage to one man and one woman for purposes of procreation.
• 2013 (27 February): The first same-sex marriage licenses were issued in the state of Colima, after officials cited the state constitution, which prohibits discrimination due to sexual preference, and the Supreme Court ruling that struck down Oaxaca state's gay marriage ban. Although same-sex marriage is not officially law in Colima state, a same-sex couple can apply for and receive a marriage license.

(March 22): First same-sex marriage occurred in Oaxaca.

History

For information before 1970, see LGBT history in Mexico.

1970 to present

LGBT marchers demanding equality at the 2009 LGBT Pride Parade in Mexico City

During the early 1970s, influenced by the U.S. gay liberation movement and the 1968 Tlatelolco massacre, small political and cultural groups were formed. Initially, they were strongly linked to the political left and, to a degree, feminist organizations. One of the first LGBT groups in Latin America was the Homosexual Liberation Front (Frente de Liberación Homosexual), organized in 1971 in response to the firing of a Sears employee because of his allegedly-homosexual behavior in Mexico City. The Homosexual Front of Revolutionary Action (Frente Homosexual de Acción Revolucionaria) protested the 1983 roundups in Guadalajara, Jalisco. The onset of AIDS during the mid-1980s created considerable debate and public discussion about homosexuality. Many voices, both supportive and opposing (such as the Roman Catholic Church), participated in public discussions that increased awareness and understanding of homosexuality. LGBT groups were instrumental in initiating programs to combat AIDS, which was a shift in focus that curtailed (at least temporarily) the emphasis on gay organizing.

In 1991, Mexico hosted a meeting of the International Gay and Lesbian Association (ILGA), which was its first meeting outside Europe. In 1997, LGBT activists were active in constructing the political platform that resulted in Patria Jiménez (a lesbian activist in Mexico City) being selected for proportional representation in the Chamber of Deputies representing the left-wing Party of the Democratic Revolution (PRD). LGBT rights advocate David Sánchez Camacho was elected to the Legislative Assembly of the Federal District (ALDF). In August 1999, the First Meeting of Lesbians and Lesbian Feminists was held in Mexico City. From this meeting evolved an organized effort for expanded LGBT rights in the country's capital. The following month, the PRD-controlled Legislative Assembly passed an ordinance banning discrimination based on sexual orientation, the first of its kind in Mexico.

Visible (and well-attended) LGBT marches and pride parades have been held in Mexico City since 1979 and in Guadalajara since 1996, the country's largest cities. In 2001, Article 1 of the Federal Constitution was amended to prohibit discrimination based (among other factors) on sexual orientation under the vague term, preferences. On 11 June 2003, an anti-discrimination federal law took effect, creating a national council to enforce it. The same year, Amaranta Gómez ran as the first transgender congresswoman candidate affiliated with the former Mexico Posible party. In 2006, Mexico City legalized same-sex civil unions, the second Latin American jurisdiction to do so after Buenos Aires in 2002. The law allows same-sex couples inheritance and pension rights. The following year, the northern state of Coahuila legalized same-sex civil unions. In 2008, the PRD-controlled Legislative Assembly approved a law allowing transgender people to change their legal gender and name in Mexico City. In December 2009, Mexico City's Legislative Assembly passed a bill legalizing same-sex marriage and adoption by same-sex couples in the jurisdiction, which became effective in early March 2010. In May 2012, a decision by Quintana Roo Secretary of State Luis González Flores allowed for same-sex marriages to be performed in Quintana Roo.

LGBT people in Mexico have organized in a variety of ways: through local organizations, marches and the development of a Commission to Denounce Hate Crimes. Mexico has a thriving LGBT movement with organizations in various large cities throughout the country and numerous LGBT publications (most prominently in Mexico City, Guadalajara, Monterrey, Tijuana and Puebla), the majority at the local level (as national efforts often disintegrate before gaining traction).

Anti-discrimination laws

On 29 April 2003 the Federal Congress unanimously passed the "Federal Law to Prevent and Eliminate Discrimination", including sexual preference as a protected category. The law (which went into effect on 11 June 2003) creates the National Council to Prevent Discrimination (CONAPRED) to enforce it. Mexico became the second country in Latin America, after Ecuador, to provide anti-discrimination protection for lesbian, gay, bisexual and transgender people. Article 4 of the law defines discrimination as:

"Every distinction, exclusion or restriction based on ethnic or national origin, sex, age, disability, social or economic status, health, pregnancy, language, religion, opinion, sexual preferences, civil status or any other, that impedes recognition or enjoyment or fights and real equality in terms of opportunities for people."

— Article 4, Federal Law to Prevent and Eliminate Discrimination

Article 9 defines "discriminatory behavior" as:

"Impeding access to public or private education; prohibiting free choice of employment, restricting access, permanency or promotion in employment; denying or restricting information on reproductive rights; denying medical services; impeding participation in civil, political or any other kind of organizations; impeding the exercise of property rights; offending, ridiculing or promoting violence through messages and images displayed in communications media; impeding access to social security and its benefits; impeding access to any public service or private institution providing services to the public; limiting freedom of movement; exploiting or treating in an abusive or degrading way; restricting participation in sports, recreation or cultural activities; incitement to hatred, violence, rejection, ridicule, defamation, slander, persecution or exclusion; promoting or indulging in physical or psychological abuse based on physical appearance or dress, talk, mannerisms or for openly acknowledging one's sexual preferences."

— Article 9, Federal Law to Prevent and Eliminate Discrimination

CONAPRED is an organ of state created by "federal law to prevent and eliminate discrimination", adopted on 29 April 2003 and published in the Official Gazette of the Federation on 11 June. The Council is the leading institution for promoting policies and measures contributing to cultural development and social progress in social inclusion and the right to equality, which is the first fundamental right in the Federal Constitution. CONAPRED is also responsible for receiving and resolving grievances and complaints of alleged discriminatory acts committed by private individuals or federal authorities in carrying out their duties. CONAPRED also protects citizens with any distinction (or exclusion), based on any aspect mentioned in Article 4 of the federal law. The Council has legal personality, owns property, and is part of the Interior Ministry. Technical and management decisions are independent for its resolutions on claims and complaints.

It is unclear if the anti-discrimination policy applies to the Mexican Armed Forces. The Uniform Code of Military justice does not expressly discriminate on the basis of sexual orientation, but openly gay or bisexual servicemen and women are reportedly often harassed and, strongly "encouraged" to resign. The UCMJ does have vague laws against servicemen and women engaging "bad manners" or "immorality", which can used to unfairly punish or otherwise harass gay or bisexual servicemen and women. When asked, several retired general stated that the policy, during their tenure, was to strongly encourage them to resign or to use the vague rules against immorality to remove them on bad conduct discharge. [1]

Violence

LGBT marchers denouncing hate crimes based on sexual orientation at 2009 LGBT Pride Parade in Mexico City

Same-sex sexual acts legal in Mexico, but LGBT people have been prosecuted through the use of legal codes that regulate obscene or lurid behavior atentados à la moral y las buenas costumbres). Over the past 20 years, there have been reports of violence against gay men, including the murders of openly gay men in Mexico City and of transvestites in the southern state of Chiapas. Local activists believe that these cases often remain unsolved, blaming the police for a lack of interest in investigating them and for assuming that gays are somehow responsible for attacks against them.

In mid-2007, Emilio Alvarez Icaza Longoria (chairman of the Human Rights Commission of Mexico City) said he was deeply concerned that Mexico City had the worst record for homophobic hate crimes, with 137 such crimes reported between 1995 and 2005. Journalist and author (Homophobia, Hate, Crime and Justice 1995–2005) Fernando del Collado affirmed that during the decade covered by his book, 387 hate crimes due to homophobia were committed in Mexico (98 percent of which remain unprosecuted). Del Collado expressed his concern about a lack of prosecution and reported that according to the Citizens Commission Against Hate Crime because of Homophobia (CCCOH), three homosexuals are murdered per month in Mexico. Del Collado indicated that between 1995 and 2005, 126 homosexuals were murdered in Mexico City. Of those, 75 percent were reclaimed by their families; in 10 percent of the cases, families identified the victim but did not reclaim their bodies (which were buried in common graves) and the remaining 5 percent were never identified. Former assistant attorney for crime victims at the Federal District Attorney General's Office (PGJDF) Barbara Illan Rondero strongly criticized the lack of sensitivity and professionalism on the part of investigators in crimes committed against homosexuals and lesbians:

"I still can't determine if this is due to negligence, lack of preparation or down-right covering up, and is a matter that has to do with the intention of not solving these crimes because they carry no weight of importance".

Alejandro Brito Lemus, director of the news supplement Letra S (Letter S), claimed that only four percent of gays and lesbians who suffer from discrimination present their complaints to authorities:

"In spite of the gravity of the aggressions suffered, the majority of gays, lesbians and transsexuals prefer to keep silent about what happens and to remain isolated in fear of being attacked again in revealing their sexual orientation".

Political influence

LGBT participation is a part of the long-governing Institutional Revolutionary Party (PRI). Since the triumph of the Liberals under President Benito Juárez in the 1860s and the 1910 Revolution, there has been separation of church and state in Mexico. With morality generally considered the province of the Church, the PRI (which considers itself the party of the Revolution) has generally been reluctant to be seen as implementing the will of the Catholic Church. However, it has also been careful not to offend Catholic moral sensibilities. In 1998, President Ernesto Zedillo (of the PRI) appointed Pedro Joaquín-Coldwell (an openly-bisexual politician and former governor of Quintana Roo) ambassador to Cuba. Nevertheless, most individual officeholders tend to view LGBT issues as a private matter (to be ignored) or a moral problem (to be opposed). The PRI has allied with the PAN to block legislation concerning LGBT rights in some states (except in two cases). The party unanimously voted in favor of the recognition of same-sex civil unions in Mexico City and Coahuila. There was some internal debate within the PRI whether or not the party should have a platform plank on the issue.

The National Action Party (PAN), a center-right party, tends to endorse Roman Catholic Church teachings and oppose LGBT issues on moral grounds. Some PAN mayors have adopted ordinances (or policies) leading to the closing of gay bars or the detention of transvestites (usually on prostitution charges). Many of its leaders have taken public stands describing homosexuality as "abnormal", a "sickness", or a "moral weakness". In the 2000 presidential elections, PAN candidate (and eventual winner) Vicente Fox used homosexual stereotypes to demean and humiliate his principal opponent (Francisco Labastida). Fox accused Labastida of being a sissy and a mama's boy, and nicknamed him Lavestida ("the cross-dressed"). When Mexico City and Coahuila legalized same-sex civil unions the chief opposition came from the PAN, former President Vicente Fox and current president Felipe Calderón. Since then the party has opposed similar bills, with the rationale of protecting traditional family values. Nonetheless, PAN officials have insisted that homosexuals have rights as human beings, and should in no case be subjected to hatred or physical violence.

Patria Jiménez, from the Party of the Democratic Revolution (PRD), became the first openly-lesbian lawmaker in the Federal Congress in 1997.

Participation by sexual minorities is widely accepted in the left-wing Party of the Democratic Revolution (PRD), one of Mexico's three major political parties. Since its creation during the late 1980s, the PRD has supported LGBT rights and has a party program committed to ending discrimination on the basis of sexual diversity. In the 1997 parliamentary elections, Patria Jiménez became the first openly-lesbian member of the Federal Congress, and LGBT-rights advocate David Sánchez Camacho was elected to the Legislative Assembly of the Federal District (ALDF). Two years later, the PRD-controlled Legislative Assembly passed an ordinance banning discrimination based on sexual orientation (the first of its kind in the country. In 2008, a PRD-backed bill concerning gender identity was passed allowing transgender people to change their gender and sex on official documents. In the 2009 parliamentary elections, of the 38 LGBT candidates presented by several political parties, only Enoé Uranga succeeded: an openly-lesbian politician who, in 2000, promoted the legalization of same-sex civil unions in Mexico City. The bill passed six years later in the PRD-controlled Legislative Assembly, allowing same-sex couples inheritance and pension rights. Similar bills have been proposed by the PRD in at least six states. In December 2009, Mexico City's PRD-controlled Legislative Assembly passed a bill that would legalize same-sex marriage and adoption by same-sex couples in the jurisdiction. Eight days later, after congressional approval, PRD Head of Government ("Mayor") Marcelo Ebrard signed the same-sex marriage bill into law; it went into effect in early March 2010. Other leftist, minor parties are Convergence and the Labor Party (PT). Both have supported the LGBT community and PRD-proposed bills regarding LGBT rights.

The defunct Social Democratic Party (PSD), a minor progressive party, was noted for its support of the LGBT community. In the 2006 presidential elections Patricia Mercado, the first woman presidential candidate, was the only candidate openly supporting same-sex marriage. In the 2009 parliamentary elections, the party nominated 32 LGBT candidates (out of a total of 38 presented by other parties) for seats in the Federal Congress. In the municipality of Guadalajara, the second-largest city of Mexico, Miguel Galán became the first openly-gay politician to run for mayor in the country. During his campaign Galán was a target of homophobic comments, notably by Green Party rival Gamaliel Ramirez (who, on a radio show, joked about homosexuals and referred to the PSD as "a dirty party of degenerates"). Ramirez also called homosexual practices "abnormal" and said they should be outlawed. The following day, Ramirez issued a written apology after his party condemned his comments. Despite losing the election, Galán received 7,122 votes (the most for any openly-gay politician in Mexico).

LGBT speech laws

Mexico's Supreme Court ruled in 2013 that two anti-gay words, "punal" and "maricones", are not protected as freedom of expression under the constitution, allowing people offended by the terms to sue for moral damages.

Civil unions and same-sex marriage

Main articles: Recognition of same-sex unions in Mexico and Same-sex marriage in Mexico City

State recognition of same-sex relationships in North America

  Same-sex marriage

  External same-sex marriages recognized

  Other type of partnership

  Unrecognized or unknown

  No recognition, only same-sex marriage officially banned

  No recognition, marriage and civil unions banned

The United Mexican States is a federation comprising thirty-one states and a Federal District, the capital city (also known as Mexico City). Although a federal civil code exists, each state has its own (usually the same as the civil code for the Federal District) regulating (among other issues) concubinage and marriage. Same-sex civil unions and same-sex marriages are not recognized at the federal level. However, in recent years some states are considering legislation on such issues.

Mexico City

As the seat of the Powers of the Union, Mexico City belonged not to any particular state but to all. After years of demanding greater political autonomy, residents were given the right to directly elect the Head of Government of the Federal District and the representatives of the unicameral Legislative Assembly (ALDF) by popular vote in 1997. Since then, the left-wing Party of the Democratic Revolution (PRD) has controlled both political bodies.

In 2000 Enoé Uranga, an openly-lesbian politician and activist, proposed a bill legalizing same-sex civil unions in Mexico City under the name Ley de Sociedades de Convivencia (LSC, or "Law for Coexistence Partnerships"). The bill recognized inheritance and pension rights of two adults, regardless of sexual orientation. Due to widespread opposition from right-wing groups and mayor Andres Manuel López Obrador's ambiguity concerning the bill, the Legislative Assembly decided not to take it up. As new leftist mayor Marcelo Ebrard was expected to take power in December 2006, the Legislative Assembly voted to approve (by a vote of 43–17) the LSC, which was fully backed by the four leftist parties (PRD, PT, Convergence and PSD) and the PRI (but opposed by the PAN). The law was well received by feminist and LGBT groups (including Emilio Álvarez Icaza, chairman of the Human Rights Commission of Mexico City). However, it was strongly opposed by right-wing groups such as the National Parent Union and the Roman Catholic Church. The law took effect on 16 March 2007.

On 24 November 2009, PRD assemblyman David Razú proposed a bill that would legalize same-sex marriage in Mexico City. The bill was backed by the Human Rights Commission of Mexico City and over 600 non-governmental organization organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Amnesty International and the AIDS Healthcare Foundation. The PAN announced it would either appeal the law in court or demand a referendum. However, a referendum on same-sex marriage was rejected by the Legislative Assembly in a 36–22 vote on 18 December 2009. On 21 December 2009, the Legislative Assembly passed the bill by a vote of 39–20 with five abstentions. Eight days later, Mayor Marcelo Ebrard signed the bill. It took effect on 4 March 2010. The law changed the definition of marriage in the city's Civil Code to "a free union between two people". It also granted same-sex couples the right to adopt children.

In February 2010, constitutional challenges by six states to the Mexico City law were rejected by the Supreme Court. However, the Federal Attorney General successfully launched a legal counterattack against the law, citing an article in the Constitution which (ambiguously) refers to "protecting the family". Five months later, the Supreme Court ruled (in an 9–2 vote) that the law did not violate the Constitution. Justices on the majority side argued that the Constitution does not define a family.

State recognition of same-sex relationships in Mexico

  Same-sex marriage

  Same-sex civil unions recognized

  Unregistered cohabitation

Coahuila

On 11 January 2007 the Congress of the northern state of Coahuila legalized same-sex civil unions (by a 20–13 vote) under the name Pacto Civil de Solidaridad ("Civil Pact of Solidarity" or PCS), giving property and inheritance rights to same-sex couples. The PCS was proposed by congresswoman Julieta López of the centrist PRI, whose 19 members voted for the law. Luis Alberto Mendoza, deputy of the center-right PAN (which opposed), said the new law was an "attack against the family, which is society's natural group and is formed by a man and a woman". Apart from that, the PCS drew little opposition and was (notably) supported by Bishop Raúl Vera. Unlike Mexico City's law, once same-sex couples have registered in Coahuila the state protects their rights (no matter where they live in Mexico). 20 days after the law passed, the country's first same-sex civil union took place in Saltillo, Coahuila.

Oaxaca

Mexico's Supreme Court ruled in December 2012 that Oaxaca's marriage law was unconstitutional because it limited the ceremony to a man and a woman with the goal to "perpetuate the species." In 2013 a lesbian couple became the first same-sex couple to marry after this ruling.

Quintana Roo

The Civil Code of Quintana Roo does not state sex of gender requirements for marriage, only specifying "people interested in getting married". A same-sex couple filed for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a man-woman marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkin on 28 November 2011.

Cancún, Cozumel, and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012, but these weddings were suspended upon review by Luis González Flores, the Secretary of State of Quintana Roo. In April 2012, the two same-sex marriages performed in Kantunilkin were annulled by Quintana Roo Governor Roberto Borge Angulo, but these annulments were later reversed by González Flores in a decision that allowed for future same-sex marriages to be performed in the state.

Other states

LSC bills have been unsuccessfully proposed by the PRD in at least six states: Colima, Guerrero, Jalisco, Michoacán, Puebla and Veracruz. After Mexico City legalized same-sex marriage and adoption by same-sex couples in December 2009, debate resumed in states where civil unions had been previously proposed. In February 2013, the state of Colima started to give marriage licenses to same-sex couples, citing the state constitution, which prohibits discrimination due to sexual preference and the Supreme Court of Mexico's ruling which struck down Oaxaca state's gay marriage ban.

Discrimination and pride

Float with Aztec Eagle Warrior theme at 2009 LGBT Pride Parade in Mexico City

According to the first National Poll on Discrimination (2005) in Mexico (conducted by the CONAPRED), 48 percent of the Mexican people interviewed indicated that they would not permit a homosexual to live in their house. 95 percent of gays interviewed indicated that in Mexico there was discrimination against them; four out of ten declared they were a victim of exclusionary acts; more than half said they felt rejected, and six out of ten felt their worst enemy was society.

LGBT social life thrives in the country's largest cities and resorts. The center of the Mexico City LGBT community is the Zona Rosa, where over 50 gay bars and dance clubs exist. Surrounding the nation's capital, there is a substantial LGBT culture in the State of Mexico (although some observers claim that gay life is more developed in Mexico's second largest city, Guadalajara). Other centers include border city Tijuana, northern city Monterrey, central cities Puebla and León, and major port city Veracruz. The popularity of gay tourism (especially in Puerto Vallarta, Cancún, and elsewhere) has also drawn national attention to the presence of homosexuality in Mexico. Among young, urban heterosexuals, it has become popular to attend gay dance clubs and to have openly-gay friends.

Go-go dancers at 2009 LGBT Pride Parade in Mexico City

In 1979, the country's first LGBT Pride Parade (also known as the LGBT Pride March) was held in Mexico City and was attended by over 1,000 people. Ever since, the parade has been held each June with differents themes. It aims to bring visibility to sexual minorities, raise consciousness about AIDS and HIV, denounce homophobia, and demand the creation of public policies such as the recognition of same-sex civil unions, same-sex marriages, and the legalization of LGBT adoption. According to organizers, the XXXI LGBT Pride Parade in 2009 was attended by over 350,000 people (100,000 more than its predecessor).

In 2003, the first Lesbian Pride March was held in the nation's capital. In Guadalajara, well-attended LGBT Pride Parades have also been held each June since 1996. Consecutive LGBT Pride Parades have been held in Monterrey, Tijuana, Puebla, Veracruz, Xalapa, Cuernavaca, Tuxtla Gutiérrez, Acapulco, Chilpancingo and Mérida.

HIV and AIDS

Main article: HIV/AIDS in Mexico

Red loop-and-cross HIV/AIDS ribbon

The first AIDS case in Mexico was diagnosed in 1983. Based on retrospective analyses and other public-health investigative techniques, HIV in Mexico may be traced back to 1981. LGBT groups were instrumental in initiating programs to combat AIDS—a shift in focus which curtailed (at least temporarily) an emphasis on gay organizing.

The National Center for the Prevention and Control of HIV/AIDS (CENSIDA) is a program promoting prevention and control of the AIDS pandemic with public policies, promotion of sexual health, and other evidence-based strategies. It aims to diminish the transmission of the Human Immunodeficiency Virus and sexually transmitted diseases and to improve the quality of life of affected people (within a framework of the common good). CENSIDA has been active since 1988 and collaborates with other government agencies and non-governmental organizations (including those for persons living with HIV/AIDS).

According to a 2011 estimate, 0.2 percent of persons aged 15-49 were HIV-positive, which along with Cuba and Nicaragua was the lowest rate in Latin America and the Caribbean. In absolute numbers, an estimated 180,000 people in Mexico were living with HIV in 2011, the second-largest affected population in the region after Brazil. According to CENSIDA, as of 2009 over 220,000 adults are HIV-positive; 60 percent are men who have sex with men, 23 percent are heterosexual women and 6 percent are commercial sex workers' clients (mainly heterosexuals). Over 90 percent of the reported cases were the result of sexual transmission.

The spread of HIV in Mexico is exacerbated by stigma and discrimination, which act as a barrier to prevention, testing and treatment. Stigmatization occurs within families, in health services, with the police, and in the workplace. A study conducted by Infante-Xibille in 2004 of 373 health care providers in three Mexican states described discrimination within the health services. Testing was conducted only with perceived high-risk groups (often without informed consent), and AIDS patients were often isolated. A 2005 five-city participatory community assessment by Colectivo Sol (a non-governmental organization) found that some HIV hospital patients had a sign over their beds stating they were HIV-positive. In León, Guanajuato, researchers found that 7 out of 10 people in the study had lost their jobs because of their HIV status. The same study also documented evidence of discrimination that men who have sex with me experienced within their families.

In August 2008, Mexico hosted the 17th International AIDS Conference, a meeting that contributed to overcoming stigmas and highlighting the achievements in the struggle against the illness. In late 2009, Health Secretary José Ángel Córdova said in a statement that Mexico had met the United Nations Millennium Development Goal concerning HIV/AIDS (which demands that countries begin to reduce the spread of HIV/AIDS before 2015). The HIV infection rate then was 0.4 percent, below the 0.6 percent target set by the World Health Organization for Mexico. About 70 percent of people requesting treatment for HIV/AIDS arrive without symptoms of the disease, which increases life expectancy by at least 25 years. Treatment for HIV/AIDS in Mexico is free, and is offered at 57 specialized clinics to 30,000 (of 60,000) people living with HIV. The Mexican government spends about $2 billion MXN (US $151.9 million) each year fighting the disease.

Summary table

Same-sex sexual acts legal
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage(s)	/
Recognition of same-sex couples
Both joint and step adoption by same-sex couples	/
Gays allowed to serve in the military	/
Right to change legal gender	/
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood

I

See also

• LGBT in Mexico
• Same-sex marriage in Mexico City
• Same-sex marriage in Quintana Roo
• Recognition of same-sex unions in Mexico
• LGBT rights in the Americas
• LGBT rights in the world
• Timeline of LGBT history
• Lesbian Groups in Mexico
• Guadalajara Gay Pride
• Human rights in Mexico

References

• Peter M. Nardi and Beth E. Schneider. Social perspectives in lesbian and gay studies: a reader. Routledge, 1998. 625 p. ISBN 0-415-16709-4.
• John Middlemist Herrick and Paul H. Stuart. Encyclopedia of social welfare history in North America. SAGE, 2005. 534 p. ISBN 0-7619-2584-8.
• Don M. Coerver, Suzanne B. Pasztor, Robert Buffington. Mexico: an encyclopedia of contemporary culture and history. ABC-CLIO, 2004. 621 p. ISBN 1-57607-132-4.
• Yolanda C. Padilla. Gay and lesbian rights organizing: community-based strategies. Routledge, 2004. 235 p. ISBN 1-56023-275-7.
• Ben Sifuentes-Jáuregui. Transvestism, masculinity, and Latin America literature: genders share flesh. Palgrave Macmillan, 2002. 240 p. ISBN 0-312-29441-7.
• Louis Crompton. Homosexuality & Civilization. Harvard University Press, 2006. 623 p. ISBN 0-674-02233-5.
• Wayne R. Dynes, Warren Johansson, William A. Percy, Stephen Donaldson. Encyclopedia of homosexuality, Volume 2. Garland Pub., 1990. 1484 p. ISBN 0-8240-6544-1.

• George E. Haggerty. Gay histories and cultures: an encyclopedia. Taylor & Francis, 2000. 986 p. ISBN 0-8153-1880-4.
• James Neill. The Origins and Role of Same-Sex Relations in Human Societies. McFarland, 2008. 470 p. ISBN 0-7864-3513-5.
• Rudi Bleys. Images of ambiente: homotextuality and Latin American art, 1810-today. Continuum International Publishing Group, 2000. 244 p. ISBN 0-8264-4722-8.
• Alfonso G. Jiménez de Sandi Valle, Luis Alberto de la Garza Becerra and Napoleón Glockner Corte. LGBT Pride Parade in Mexico City. National Autonomous University of Mexico (UNAM), 2009. 25 p.
• Andrew A. Reding. Mexico: Update on Treatment of Homosexuals. U.S. Citizenship and Migration Services. May 2000. 37 p.
• María de Jesús González Pérez. LGBT Pride Parade. Metropolitan Autonomous University – Azcapotzalco. El Cotidiano. May–June 2005. 90–97 p.
• National Center for the Prevention and Control of HIV/AIDS (CENSIDA). VIH/SIDA in Mexico 2009. Mexican Government. December 2009. 34 p.

External links

Informative

• National Council to Prevent Discrimination — official website.
• National Center for the Prevention and Control of HIV/AIDS — official website.
• Anodis — Mexican news agency about sexual diversity.

Other

• Gay Mexico — online dating BBS.
• Gay Mexico — gay online magazine.
• Antros Gay — list of gay bars and clubs in Mexico.
• MexGay — information about gay-friendly tourist destinations in Mexico.