LGBT rights in Mexico

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LGBT rights in Mexico

Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico expanded in the 21st century, 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. As the influence of foreign and domestic cultures (especially from more cosmopolitan areas such as 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 have emerged. Visible and well attended LGBT marches and pride parades have occurred in Mexico City since 1979, in Guadalajara since 1996, and in Monterrey since 2001. On 3 June 2015, the Supreme Court of Justice of the Nation released a "jurisprudential thesis" in which the legal definition of marriage was changed to encompass same sex couples. Laws restricting marriage to a man and a woman were deemed unconstitutional by the court and thus every justice provider in the nation must validate same sex unions. However, the process is lengthy as couples must request an injunction (lang es) from a judge, a process that opposite sex couples do not have to go through. The Supreme Court issued a similar ruling pertaining to same sex adoptions in September 2016. While these two rulings did not directly strike down Mexico's same sex marriage and adoption bans, they ordered every single judge in the country to rule in favor of same sex couples seeking marriage and/or adoption rights. By 31 December 2022, every state had legalized same sex marriage by legislation, executive order, or judicial ruling, though only twenty allowed those couples to adopt children. Additionally, civil unions are performed in the states of Campeche, Coahuila, Mexico City, Michoacán, Sinaloa Tlaxcala and Veracruz, both for same sex and opposite sex couples. 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 Citizen's Movement, the centrist Institutional Revolutionary Party, and more recently the left wing National Regeneration Movement. They include, among others, the 2011 amendment to Article 1 of the Federal Constitution to prohibit discrimination based on sexual orientation.

Acceptance of homosexuality and transgender identities has been documented among various indigenous peoples of Mexico, most notably the Isthmus Zapotecs and Yucatán Mayas. The Isthmus Zapotecs recognize a traditional third gender, known as muxe, an intermediate between male and female. Muxes are assigned male at birth, but typically act and behave like women and do both women and men's work. Having a muxe in the family is perceived as good luck and a blessing. They are often referred to as transgender in English language publications. Traditionally, Mayan society was relatively tolerant of homosexuality. There was a strong association between ritual and homosexual activity. Some shamans engaged in homosexual acts with their patients, and priests engaged in ritualized homosexual acts with their gods. Similarly, the Toltecs were also "extremely sex tolerant", with public displays of sex and eroticism, including of homosexual acts. However, little is known about same sex relationships in Aztec society. Some sources claim that homosexuality among young Aztec men was tolerated (homosexual acts were commonly practised in temples and before battle), but not among adult men, where the punishment could be death. The penetrated adult male (known as cuiloni) would typically be killed through anal impalement but the penetrating male would usually not suffer any punishments. On the other hand, many Aztec nobles and rich merchants had both male and female prostitutes and engaged in same sex relations, and there were some religious rituals where homosexuality was acceptable, most notably Tezcatlipoca sacrifices. Intersex people (known as patlache) were regarded as "detestable women" by Aztec society and would be killed. However, some sources suggest that homosexuality was more widely practised and tolerated among the Aztecs and that most of the negativity surrounding the practice stems from Spanish records, as supposedly the Spanish had "huge problems trying to stamp out homosexuality". The Aztec god Xōchipilli is the patron of homosexuals and male prostitutes.

During the early 1970s, influenced by the U. S. gay liberation movement and the 1968 Tlatelolco massacre,

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. The following month, the PRD controlled Legislative Assembly of the Federal District 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. The same year, Amaranta Gómez ran as the first transgender congresswoman candidate affiliated with the former Mexico Posible party. In June 2011, the more precise term "sexual orientation" was inserted into Article 1 of the Constitution. LGBT people in Mexico have organized in a variety of ways: through local organizations, marches, and the development of the 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 (since national efforts often disintegrate before gaining traction).

1542: Hernan Cortés started his campaign in Cholula (now Cholula, Puebla). At that time, Amerindian homosexuality behavior varied from region to region. Cortés on behalf of his majesty the King of Spain started talking to the locals (hacer un parlamento, translated from old Spanish) and established rules against sodomy. 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. 1982: Max Mejía, Pedro Preciado, and Claudia Hinojosa became the first openly gay politicians to run unsuccessfully 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. 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. 2000: Enoé Uranga, an openly lesbian politician, proposed a bill that would have legalized civil unions in Mexico City. The local Legislature, however, decided not to enact the bill after widespread opposition from right wing groups. 2003: (29 April): A federal anti discrimination law was passed and a national council was immediately created to enforce it. (July): Amaranta Gómez became the first transgender woman to run unsuccessfully for a seat in the Congress of Mexico. 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. 2008: (September): The Mexico City Legislative Assembly passed a law, making it easier for transgender people to change their gender on their birth certificates. (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. 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: (June): The Constitution of Mexico was amended to prohibit discrimination based on, among other factors, sexual orientation. (28 November): Two same sex couples were married in Kantunilkín, 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 Kantunilkín. (5 December): The Supreme Court 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 Federal Constitution, which prohibits discrimination due to sexual orientation, and the Supreme Court ruling that struck down Oaxaca state's same sex marriage ban. (22 March): The first same sex marriage occurred in Oaxaca. (14 June): The Second Federal District Court of the State of Colima ruled that the State Civil Code was unconstitutional in limiting marriage to opposite sex couples. (1 July): The Third District Court of the State of Yucatán ruled that two petitioners were able to marry. Martha Góngora, director of the Civil Registry of the state, said the decision would be reviewed and might be returned to the court. Jorge Fernández Mendiburu, defense counsel in the case, indicated that if the registrar refused to complete the marriage, the case would be brought before the Supreme Court with a request for the state law limiting marriage to one man and one woman to be declared unconstitutional. (4 July): The state of Colima amended its Constitution to allow for same sex civil unions. (8 August): Two men became the first same sex couple to legally marry in the state of Yucatán. (23 December): Campeche legalized same sex and opposite sex civil unions. 2014: (1 January): A law allowing for same sex civil unions in Jalisco took effect. (11 February): The Congress of Coahuila legalized adoption by same sex couples, by repealing Article 385 7 of the Civil Code. (21 March): Mexico declared, by presidential decree, 17 May as the National Day Against Homophobia. See also: "International Day Against Homophobia, Biphobia and Transphobia". (1 September): The Congress of Coahuila legalized same sex marriage, by changing the Civil Code of the state. 2015: (26 February): The Constitutional Court of the State of Yucatán announced that it will decide on 2 March whether state prohibitions against same sex marriage are in violation of the Federal Constitution and international agreements. (2 March): The Constitutional Court of Yucatán dismissed the appeal for constitutional action to change the Civil Code. Supporters of amending the code promised to appeal the decision. (3 June): The Supreme Court released a "jurisprudential thesis" expanding the definition of marriage to encompass same sex couples as state laws restricting it were deemed unconstitutional and discriminatory. (12 June): The state of Chihuahua legalized same sex marriage and adoption after the Governor announced that his administration would no longer oppose same sex marriages within the state. The order was effective immediately. (10 July): The Governor of Guerrero instructed civil agencies to approve same sex marriage licenses. (21 July): The municipality of Santiago de Querétaro stopped enforcing Querétaro's same sex marriage ban and began allowing same sex couples to marry in the municipality. (11 August): The Mexican Supreme Court ruled, in a 9 1 decision, that Campeche's ban on same sex couples adopting children was unconstitutional. (7 September): The Congress of Michoacán legalized domestic partnerships for same sex couples. (22 December): Same sex marriage became legal in the state of Nayarit. 2016: (26 January): The Mexican Supreme Court unanimously struck down Jalisco's same sex marriage ban. (5 May): Colima repealed its civil union law as well as its constitutional ban on same sex marriage. (12 May): The Congress of Jalisco complied with the Supreme Court decision and instructed all the state's municipalities to issue same sex marriage licenses. (17 May): The Mexican President, Enrique Peña Nieto, announced that he had signed an initiative to amend Article 4 of the Mexican Constitution, which would legalize same sex marriage nationwide. (20 May): Same sex marriage became legal in Campeche, after the state Congress legalized such marriages in a 34 1 vote 10 days prior. (12 June): Same sex marriage and adoption became legal in the state of Colima. (23 June): A bill allowing for legal same sex marriages and adoptions came into effect in Michoacán. (5 July): A reform to the Constitution of Morelos, which legalized same sex marriage and adoption in the state, took effect. (11 September): The head of Veracruz's adoption agency announced that same sex couples may adopt children jointly in the state. (18 September): The municipality of San Pedro Cholula, located in the state of Puebla, announced that any same sex couple who wishes to marry may do so in the municipality. (23 September): The Mexican Supreme Court finalized the ruling in the adoption case against Campeche and issued a nationwide jurisprudence which binds all lower court judges to rule in favor of same sex couples seeking adoption and parental rights. (26 September): The state of Campeche lifted its same sex adoption ban. (22 February): The head of Baja California's adoption agency announced that same sex couples have the right to adopt in the state. (28 February) The Supreme Court gave Chihuahua 90 days to amend its Civil Code to reflect the recent legalization of same sex marriage in the state. (26 April): The head of Querétaro's adoption agency confirmed that same sex couples may adopt in the state. (31 May): The Supreme Court dismissed the appeal against the March 2015 Yucatán Constitutional Court ruling. (11 July): The Supreme Court struck down Chiapas' same sex marriage ban, legalizing same sex marriage in the state. (13 July): The Michoacán Congress approved a gender identity law. (20 July): A gender identity law was approved in the state of Nayarit. (1 August): The Supreme Court unanimously struck down Puebla's ban on same sex marriage. (3 November): The State Government of Baja California announced it would immediately cease to enforce its same sex marriage ban, legalizing such marriages in the state. 2018: (9 January): The Inter American Court of Human Rights ruled that same sex marriage and the recognition of one's gender identity on official documents are human rights protected by the American Convention on Human Rights. Mexico is a signatory to the Convention. (15 May): The Mexican Supreme Court ordered Sinaloa to legalize same sex marriage within 90 days. (1 July): The 2018 general elections resulted in the National Regeneration Movement (MORENA), a pro same sex marriage left wing party, winning the majority or plurality of legislative seats in 13 states where same sex marriage has not yet been legalized. MORENA along with the pro same sex marriage Labor Party also won an absolute majority in the Chamber of Deputies and the Senate. (1 July): President elect Andrés Manuel López Obrador became the first Mexican President to mention LGBT people in his first public speech. "The state will stop being a committee at the service of a minority and will represent all Mexicans: rich and poor, rural and urban dwellers, migrants, believers and non believers, human beings of all currents of thought and of all sexual preferences. We will listen to everyone, we will attend to everyone. We will respect everyone, but we will give preference to the most humble and the forgotten, especially the indigenous peoples of Mexico", he said. (26 August): The Civil Registry of Oaxaca began accepting applications for same sex marriage licenses from throughout the state. (19 October): A Mexican federal court ruled that Mexico must recognize same sex marriages performed in Mexican consulates and embassies abroad as long as one partner is a Mexican citizen. (6 November): The Senate unanimously (110 0) passed a bill codifying certain court rulings pertaining to the legal rights of same sex couples into law, namely social security benefits and the right to a widow or widower's pension. (13 November): The state of Coahuila passed a gender identity bill, allowing transgender individuals easier access to birth certificates reflecting their new legal gender. (16 November): The Supreme Court ordered the state of Tamaulipas to legalize same sex marriage within 180 business days. (28 November): The Chamber of Deputies approved the bill passed in the Senate earlier that month, in a unanimous 415 0 vote. 2019: (14 February): Zacatecas City, the capital city of the state of Zacatecas, began issuing same sex marriage licenses. (19 February): Same sex marriage became legal in the state of Nuevo León. (2 April): Aguascalientes legalized same sex marriage. (25 April): The Hidalgo Congress approved a gender identity law. (8 May): The Supreme Court of Mexico ruled that it is unconstitutional to deny a same sex couple the right to register their children with the Civil Registry. (11 May): The Mexican Supreme Court extended widow/widower's pensions to same sex couples in concubinage. (17 May): President Andrés Manuel López Obrador declared 17 May as the "National Day of Fighting Against Homophobia, Lesbophobia, Transphobia and Biphobia" (lang es) and presented a series of actions that the Mexican Government will implement in support of the LGBT community, such as labor inclusion actions that guarantee opportunities regardless of sexual orientation and gender identity, joint work with teachers to eradicate discrimination and the implementation of protocol of action against hate crimes. (17 May): The state of San Luis Potosí began authorizing legal gender changes for transgender people. (11 June): Same sex marriage became legal in Hidalgo, after the state Congress legalized such marriages in an 18 2 vote. (29 June): Same sex marriage became legal in the northern state of Baja California Sur. (28 August): Same sex marriage legislation passed the Congress of Oaxaca.

The United Mexican States is a federation composed of thirty one states and a federal district, also known as Mexico City. Although a Federal Civil Code exists, each state has its own code that regulates concubinage and marriage. Civil unions and same sex marriages are not recognized at the federal level. Most states, however, have considered legislation on these issues. In November 2013, Fernado Mayans, Senator for the state of Tabasco and representing the Party of the Democratic Revolution (PRD), presented a proposal of changes to the Federal Civil Code in which marriage would be defined as "the free union of two people". A provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it. This means that if 5 injunctions (lang es) are won in a state, the law has to be changed so that marriage becomes legal for all same sex couples. It is also important to note that a same sex marriage performed in any state is valid in all of the other states in Mexico, even if any particular state has no laws that allow it, according to federal law. Despite the legal requirement for the states to legalize same sex marriage after 5 amparo rulings, this has often not been followed through. In Chihuahua, prior to the legalization of same sex marriage there in 2015, almost 20 injunctions were carried out. Several states have simply chosen to ignore or delay the implementation of same sex marriage, some times even at the cost of fines (in Tamaulipas legislators were fined for about 100 days due to their failure to legalize it). On 14 June 2015, the Supreme Court of Justice of the Nation declared it unconstitutional to deny marriage licenses to same sex couples in all states. This did not legalize same sex marriages nationwide, but in turn means that whenever a state government has an injunction taken out by a couple looking to get marital recognition, they will have to grant it and consider legalization when a certain number of injunctions is fulfilled. On 17 May 2016, the President of Mexico, Enrique Peña Nieto, signed an initiative to change the country's Constitution, which would have legalized same sex marriage throughout Mexico pending congressional approval. On 9 November 2016, the committee rejected the initiative 19 votes to 8. However, legislation to allow same sex marriage and adoption by same sex couples is currently pending in almost every Mexican state. The 2018 elections resulted in the National Regeneration Movement (MORENA) winning a majority or plurality of legislative seats in 13 states where same sex marriage had yet to be legalized (Baja California Sur, Durango, Guerrero, Hidalgo, México, Oaxaca, San Luis Potosí, Sinaloa, Sonora, Tabasco, Tlaxcala, Veracruz and Zacatecas), as well as an outright majority together with the Labor Party in the Chamber of Deputies and the Senate, and the presidency. LGBT activists have since intensified their calls to legalize same sex marriage at the federal and state levels. As new leftist Mayor Marcelo Ebrard was expected to take power in December 2006, the Legislative Assembly voted 43–17 to approve the LSC. The bill was backed by the Human Rights Commission of Mexico City and over 600 non governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Amnesty International, and the AIDS Healthcare Foundation. The National Action Party (PAN) announced it would either appeal the law in court or demand a referendum. The referendum proposal was rejected by the Legislative Assembly on 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 into law. In February 2010, the Supreme Court rejected constitutional challenges by six states to the Mexico City law. The Federal Attorney General, however, had separately challenged the law as unconstitutional, citing an article in the Constitution of Mexico that refers to "protecting the family". Five months later, the Supreme Court ruled 9–2 that the law did not violate the Constitution.

Not all states in Mexico have updated their civil codes to allow same sex couples to adopt, although couples are typically able to adopt through the court system anyway, due to jurisprudence from the Supreme Court. Mexico City, along with the states of Aguascalientes, Baja California, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Hidalgo, Jalisco, Michoacán, Morelos, Nayarit, Nuevo León, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Tamaulipas, and Veracruz allow for same sex couples to adopt children jointly. The law does not specifically bar same sex couples from adopting in Durango, but none has as of June 2022. Mexico City legalized same sex adoptions in March 2010, when its same sex marriage law took effect. On 11 August 2015, the Mexican Supreme Court ruled, in a 9 1 decision, that Campeche's ban on same sex couples adopting children was unconstitutional. Puebla officials similarly confirmed that same sex couples are allowed to adopt, after the August 2017 Supreme Court ruling striking down Puebla's marriage ban. In early 2018, the president of the Supreme Court of Aguascalientes, Juan Manuel Ponce Sánchez, stated that no law prohibits same sex couples from adopting in Aguascalientes. His statement was echoed by several deputies and government officials. In May 2019, in a unanimous ruling, the Mexican Supreme Court ruled that it is unconstitutional to deny a same sex couple the right to register their children with the Civil Registry. In this particular case, which originated in Aguascalientes, a lesbian couple had applied in 2015 to register their newborn child with both the mothers' surnames, which the Civil Registry refused to do. The Supreme Court held that the refusal violated the "fundamental rights of equality and non discrimination, the right of the identity of minors and the principle of their interest, as well as the right to protection of the organization and development of the family." Adoption by same sex couples became legal in San Luis Potosí and Hidalgo in May and June 2019, following the approval of same sex marriage. Same sex couples may also adopt in Jalisco and Nuevo León. Adoption by same sex couples in Quintana Roo was legalized by the state congress in August 2022. The Baja California Sur state congress passed a law allowing same sex couples to adopt in November 2022, but it was vetoed by the governor in March 2024. The Tabasco state congress legalized adoption by same sex couples in April 2024.

On 29 April 2003, the Federal Congress unanimously passed the Federal Law to Prevent and Eliminate Discrimination (lang es), including sexual orientation as a protected category. The law, which went into effect on 11 June 2003, created the National Council to Prevent Discrimination (Consejo Nacional para Prevenir La Discriminación, 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. Baja California, Baja California Sur, Campeche, Coahuila, Durango, Guerrero, Hidalgo, Jalisco, Mexico City, Michoacan, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Quintana Roo, Sinaloa, Sonora, Tlaxcala, and Yucatán.

Chiapas, Chihuahua, Colima, Guanajuato, Queretaro, San Luis Potosi, Tabasco, Tamaulipas, Veracruz, and Zacatecas.

Hate crimes laws that recognize motivation by gender and sexual preferences have been passed in Mexico City and in the states of Aguascalientes, Baja California, Baja California Sur, Campeche, Colima, Coahuila, Guerrero, Jalisco, Michoacán, Nayarit, Nuevo Leon, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tlaxcala, Veracruz and Zacatecas.

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

The Mexican Armed Forces' policy on sexual orientation is ambiguous, leaving homosexual and bisexual soldiers in a "legal limbo". Officially, there is no law or policy preventing homosexuals from serving, and applicants are not questioned on the subject. In practice, however, outed homosexual and bisexual soldiers are subject to severe harassment and are often discharged. One directive, issued in 2003, described actions "contrary to morality or good manners on and off duty" (lang es) as serious misconduct warranting disciplinary action. Other references to morality are found throughout military documents, leaving room for interpretation with regards to sexual orientation. Although there is no clear position from current military leadership, several retired generals have agreed that homosexual soldiers were usually removed from service either through an encouraged withdrawal or dishonorable discharge. By 2018, homosexuals were allowed to serve openly in the military. People whose homosexuality is discovered face harassment from other soldiers.

On 13 March 2004, amendments to the Mexico City Civil Code to allow transgender people to change their gender and name on their birth certificates took effect. On 13 November 2014, the Legislative Assembly of Mexico City unanimously (46 0) approved a gender identity law. The law makes it easier for transgender people to change their legal gender. As of 2024, twenty one states have followed suit: Michoacán (2017), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020 [codified in 2022]), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021) the State of Mexico (2021), Morelos (2021), Sinaloa (2022), Zacatecas (2022), Durango (2023), and Yucatan (2024). In August 2018, a federal judge in Tamaulipas ordered the modification of transgender women's birth certificates. In October 2018, the Supreme Court of Justice of the Nation held that forbidding transgender people from changing their legal gender on official documents is a violation of constitutional rights, in a case of a transgender person from Veracruz who was denied recognition of their legal name and gender. In February 2022, Mexico issued the first non binary gender marker on a birth certificate by a court ruling. In July 2022, Mexican Secretariat of the Interior issued the first non binary Personal ID code by a court ruling. In November 2022, the Hidalgo state congress voted unanimously to recognize non binary gender identity.

Implemented in May 2023, Mexico Passports explicitly include male, female and X available options. Same as Passports within both Canada and the United States.

A 2020 Pew Research Center opinion survey showed that 69% of Mexicans believed homosexuality should be accepted by society up from 61% in 2013. Younger people were more accepting than people over 50: 82% of people between 18 and 29 believed it should be accepted, 72% of people between 30 and 49 and 53% of people over 50. Following President Enrique Peña Nieto's proposal to legalize same sex marriage in Mexico, a poll on the issue was carried out by Gabinete de Comunicación Estratégica. 69% of respondents were in favor of the change. 64% said they saw it as an advance in the recognition of human rights. Public opinion changed radically over the course of 16 years. In 2000, 62% felt that same sex marriage should not be allowed under any circumstances. In 2016, only 25% felt that way. 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. 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. 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. Ever since, the parade has been held each June with different 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 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). Attendance was 500,000 in 2010, and 250,000 in 2018. 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. Tijuana, Puebla, Veracruz, Xalapa, Cuernavaca, Tuxtla Gutiérrez, Acapulco, Chilpancingo,

In May 2019, the National Association of Commerce and Tourism LGBT of Mexico (Cancotur) revealed that LGBT related tourism in Mexico has been growing steadily, up to 8% each year, and that the most "gay friendly" destinations in the country were Mexico City, Puerto Vallarta, Cancún, Oaxaca, Puebla, Coahuila and Morelos.