Guanajuato Civil Registry issued document to activist on Feb. 11

(Washington Blade photo by Michael K. Lavers)

By Michel K. Lavers  |  Washington Blade
via the LGBT National Media Association

GUANAJUATO, Mexico — An LGBTQ+ activist in Mexico has received the country’s first birth certificate with a non-binary gender marker.

Fausto Martínez last September petitioned Mexico’s National Electoral Institute to list their gender as “NB” on their official documents.

Martínez and Amicus, an advocacy group that is based in the state of Guanajuato, sought legal recourse, known as an “amparo” in the Mexican judicial system, after the National Electoral Institute denied the request. A judge ruled in favor of Martínez last month, and the Guanajuato Civil Registry on Feb. 11 issued them a birth certificate with a non-binary gender marker.

“I have always said what is not named does not exist,” said Martínez in a tweet after they received their new birth certificate. “The fact of the matter is the Mexican state recognizes that we non-binary people exist and with that we are subject to rights and obligations.”

Amicus Director Juan Pablo Delgado on Monday told the Washington Blade the issuance of Martínez’s amended birth certificate is a victory for non-binary Mexicans.

“When looking for the root causes of discrimination and violence against LGBTQ+ people, we find that there are at least three imposed social norms where prejudice and stigmatization begin: Heteronormativity, cisnormativity and the gender binary,” said Delgado. “The former two have been continuously challenged since the first same-gender couples and Trans women and men were initially recognized by law in the country. However, this is the first time where the gender binary loses a legal battle as there’s no previous record of the issuance of an official identification in favor of a non-binary person.”

Mexico’s Foreign Affairs Ministry last month announced Transgender people who were born in Mexico can receive an amended birth certificate at any of the country’s consulates.

Amicus represented two Trans Mexicans who brought legal action after consulates in the U.S. denied their request for birth certificates that correspond with their gender identity. Victory Institute International Programs Manager Mateo de la Torre on Jan. 19 received an amended birth certificate at the Mexican Consulate in D.C. after the new policy took effect.

“This birth certificate comes after a decade of living in my truth as a Transgender man and after years of advocating for my right to be recognized as such,” De La Torre told the Blade after he received his new birth certificate. “In Mexico and abroad, many Trans people face discrimination, violence and endless bureaucratic hurdles in their fight for legal recognition, and after all this time I am most grateful for the ability to vote in my country’s elections.”