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Mexico – SOGI Legislation Country Report (2013)


Mexico is a federal republic comprising 31 states and the territory of the Federal District (Mexico City). According to the Constitution the states and the Federal District are free and sovereign entities within the republic. The Federal District laws cited in this report are illustrative, and not necessarily representative of state law across the country.


Discrimination by both state and private actors on grounds of gender identity and sexual orientation is prohibited by federal statute (Political Constitution of the United Mexican States; Federal Law to Prevent and Eliminate Discrimination).

On March 6, 2013 the Supreme Court of Justice determined that homophobic expressions such as “maricones” or “puñal” are discriminatory, constitute hate speech, and are not protected by freedom of expression laws. The Supreme Court determined that homophobic expressions constitute discriminatory statements even if they are expressed jokingly, since they can be used to encourage, promote, and justify intolerance against gays (Amparo directo en revision 2806/2012, March 6, 2013, Suprema Corte de Justicia de la Nación).

In 2012, the Federal government eliminated a ban on blood donations from gay and bisexual men (Official norm for the provision of human blood and its components for therapeutic ends, NOM-253-SSA-2012).

Consensual sex between same-sex partners is lawful in Mexico, and the age of consent (18) is the same for same-sex and opposite-sex sexual activity (Federal Penal Code of Mexico, Federal Civil Code).

Same-sex couples who are married or in civil partnership are granted access to medical and social security benefits (Federal Law of Social Security).

Federal District (Mexico City)

Discrimination by both state and private actors on grounds of gender identity and sexual orientation is also prohibited by state statute (Civil Code of the Federal District).

Discrimination on the basis of sexual orientation is criminalized in Mexico City (Penal Code for the Federal District).

Same-sex couples can enter into marriages or civil partnerships in Mexico City and are afforded the same rights and legal recognitions of married or common law opposite-sex couples respectively, including adoption, pension, and inheritance rights (Civil Code of the Federal District, Cohabitation Law for the Federal District).

Subject to surgical or medical sex reassignment, individuals are permitted to change the sex recorded on their birth certificates with the approval of a legislative official (Civil Code of the Federal District).

link to full text in PDF: Mexico-SOGI Legislation Country Report-2013-eng