Mexican Lawmaker Fights Proposal to Define Gender by Biological Sex in Constitution

 

LA PAZ, Mexico — A political battle over gender identity is brewing in Mexico’s legislature, pitting a conservative senator’s proposal to define “male” and “female” strictly by biological sex at birth against a push from a local lawmaker who calls the plan a discriminatory effort to erase transgender people.

The controversy centers on a initiative from Sen. Lili Téllez, a member of the conservative National Action Party (PAN), which seeks to amend Article 4 of the Mexican Constitution to cement a binary, biological definition of gender.

In response, Alondra Torres García, a state deputy from Baja California Sur, has submitted a formal request to Mexico’s Senate, urging it to outright reject Téllez’s proposal. Torres García argues the amendment is a harmful step backward that would violate human rights and legally invalidate the identities of millions of Mexicans.

The deputy’s resolution, which has been sent to a committee on sexual diversity for review, states that Téllez’s initiative “effectively excludes trans men and trans women, contributing to their invisibility,” after they have fought for legal recognition for decades.

“This initiative aims to preserve exclusive spaces for women and protect them, but it patently excludes trans women,” Torres García stated in her motion.

She also contended that the proposal fails to account for nonbinary and intersex people, whose biological traits don’t fit typical definitions of male or female. “Their bodies have diverse sexual characteristics that do not correspond to the definitions the senator seeks to insert into the constitutional text,” she said.

Citing a 2021 national survey on sexual and gender diversity (ENDISEG), Torres García pointed to data showing that of the population that self-identifies as LGBTQ+, transgender or transsexual people account for 34.8%. In raw numbers, that represents a significant portion of the estimated 5 million LGBTQ+ adults in Mexico.

“Given these statistics,” she questioned, “if this reform passes, where do the rights of this group go?”

The debate mirrors similar cultural fights in the United States over transgender rights, bathroom bills, and participation in sports. Téllez’s proposal aligns with a global movement of gender-critical feminism and conservative politics that emphasizes biological sex over gender identity.

The outcome of the legislative process, which will involve committee reviews and potential floor votes, is being closely watched by advocacy groups on all sides of the issue, framing it as a pivotal moment for LGBTQ+ rights in Latin America’s second-largest economy.