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MEXICO CITY, Mexico. On January 11, 17-year-old Emiliano Citlalli had his non-binary identity recognized on his birth certificate. This is a landmark case in Mexico, as it is the first time the identity of a non-binary minor has been officially recognized. This was made possible through the support of activist Alexandra Morales and the strategic litigation and legal protection sought by the organizations México Igualitario and Casa de las Muñecas Tiresias, Tabasco branch, in a southeastern state of the country.

“I see my case as a watershed moment. Not only for non-binary people but also for trans children and adolescents in the state of Tabasco. The trans community here is already invisible, and non-binary trans people, trans children, and adolescents are even more so. I feel that this is also a commitment, primarily to children and adolescents, to provide guidance. But also to send the message that it is possible to achieve recognition and that it is okay to be who we are,” Citlalli commented in an interview with Presentes. 

A definitive breakthrough

Citlalli's gender identity was recognized after a legal appeal was filed. This strategic litigation was spearheaded by the organization México Igualitario, as Tabasco has not yet enacted a trans identity law. 

“The recognition of Emiliano Citlalli’s identity is a significant step forward for civil society, saying: here are our rights, and we must assert them. Because the legislative and executive branches do not respond to the needs of the non-binary trans community, and no one should have to file an injunction to have their identity recognized,” explains Ninde Molre, a lawyer and member of México Igualitario.  

Citlalli told Presentes that when she held her birth certificate in her hands, she felt “very happy and very fulfilled.” From a young age, she was very clear that she was neither male nor female. But it was during the COVID-19 pandemic that she was able to name who she had always been. 

“My connection to the trans community was crucial in understanding my experience. I identify as a non-binary trans person. Today, my gender identity is reflected in my birth certificate with an X. Its importance is significant because I will now have access to rights such as health, education, and employment, with my identity recognized,” says Citlalli.

“We are transforming a right that has always been binary”

The struggle of trans activists and families has made it clear that the Mexican State continues to fail to recognize trans children and adolescents by denying them their right to identity and their right to progressive autonomy to make decisions about their lives.

It is after this struggle that in March 2022 the Supreme Court of Justice of the Nation (SCJN) recognized trans children and their rights by declaring unconstitutional the requirement of being 18 years old to request a new birth certificate that recognizes their gender identity.

However, although the Supreme Court of Justice of the Nation (SCJN) did not name non-binary identities, this and other actions of unconstitutionality have helped organizations like México Igualitario to find in strategic litigation a tool that opens the door to the recognition of the human rights of dissidents and LGBTI+ people.

For nearly 12 years, México Igualitario has promoted strategic litigation free of charge throughout the country. Ninde Molre explains that the goal is "to offer strategic litigation as a tool to guarantee the human rights of gender and sexual minorities, while also highlighting the State's omissions."

“These legal precedents are a step forward because we are transforming a right that has always been binary. This allows for the recognition of non-binary identity, which is currently being accessed through legal injunctions, and undoubtedly paves the way, especially given the omissions of the legislative and executive branches in guaranteeing human rights,” Molre adds.

Citlalli's legal process began in August 2022 when the Mexico Igualitario network was activated in Tabasco, where lawyer Edith Magaña Hernández filed an injunction to have Citlalli's identity recognized.

Earrings for non-binary people

Last November, Mexico celebrated Hidalgo becoming the first state to recognize the identity of non-binary people. However, the law has not yet been published in the official gazette, a necessary step for it to take effect. This means that non-binary people in Hidalgo cannot yet access the administrative process to have their identity recognized. 

In Tabasco, the situation is more critical. Citlalli comments that, socially and legislatively, Tabasco “is a conservative state.” For years, LGBT+ activists and individuals have struggled against the tide to protect their human rights. The state still lacks legislation guaranteeing the right to identity for transgender and non-binary people.

“Having to file an injunction to have your identity recognized is, I believe, a violent process perpetrated by the Tabasco government, which is why a trans law is urgently needed. It's also a privilege for those who have the connections, the information, and even the support of their parents. It shouldn't be this way; institutionally, we are forced to file an injunction to access this right,” Citlalli concludes.

Today in the country there are at least three public cases of non-binary people who achieved this right to identity through a legal injunction. 

They are not alone. As a consequence of the State's omission, today non-binary people of all ages and from different territories of Mexico are seeking in strategic litigation a legal tool to have their identity recognized.