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MEXICO CITY, Mexico. In the State of Mexico, 116 out of a total of 125 municipalities criminalize LGBT+ people under the terms of Municipal Ordinances, such as "violations of morality and good customs, decency, obscenity, modesty, scandal, and exhibitionism."

In Mexico, Municipal Ordinances are the most important regulations issued by city governments and determine the obligations of citizens and the powers of authorities in public safety.

Municipal parties cannot violate federal or state laws or the Constitution. However, public officials, especially police officers, commit human rights violations.

"These practices of 'violations of morality and good manners' affect, and rather than creating a situation of order within a society, they generate situations that range from arbitrary arrests to the criminalization of certain activities and identities outside of cisgender and heterosexual norms," ​​Ricardo Torres, president of Fuera del Clóset Presentes .

Fuera del Clóset, a local human rights organization, denounces this in the document “Analysis of the Protection of LGBTTTI+ People in the Municipal Ordinances of the State of Mexico 2022. ”

The investigation began in 2021, however, this organization has been documenting arbitrary detentions, extortion, harassment, and bullying by public officials, primarily police, against dissidents and LGBT+ people in the State of Mexico for at least ten years.

"We must govern ourselves from a human rights perspective, not from something as subjective as modesty, obscenity, or indecency—something that is also a legacy of the viceroyalty," Torres added.

Police arbitrarily detain, harass, and extort LGBT+ people

The State of Mexico is made up of 125 municipalities, and 116 Municipal Ordinances contain violations related to "violations of morality and/or good customs," representing 92.8% of the total.

Most of these regulations classify a "prohibited act" as "attacking or harming public morals, good customs, decency, or other similar terms." They do not define aggravating circumstances, but the report explains that these are considered "serious offenses." In 31 municipalities, these offenses carry arrests.

Furthermore, 50 municipalities penalize erotic-sexual practices in public spaces. The procedure for determining which practices are categorized under this assumption "is discretionary and subjective," resulting in arbitrary arrests of same-sex couples and giving rise to "acts of abuse of authority, extortion, and abuse," the report explains.

Only three municipalities with minimum standards of non-discrimination

In 36 municipalities, legal regulations are in place that express specific actions to protect the rights of LGBTI+ people, although they also include violations related to "immorality or indecency."

Only nine municipalities in the entire State of Mexico do not consider "violations of morality and/or good customs." These are: Acolman, Calimaya, Coacalco, Ecatepec, Nicolás Romero, Nezahualcóyotl, Tecámac, Tequixquiac, and Valle de Chalco; they also have areas recognized in their regulations as units for sexual diversity or for the care of LGBT+ people.

Although, according to the analysis, only three of these "meet the minimum standards, at least at the legal level, to guarantee conditions of equality and non-discrimination."

Young gays and lesbians: the most affected populations

Young gay men and lesbian women between the ages of 18 and 35 are the populations most affected by these forms of "moral violations." The main forms of police action against these youth include public harassment, extortion under the threat of arrest, and arbitrary detention. 

“It primarily happens when police witness an act of affection between couples in public, but it also happens in situations where harassment and arrests are prompted solely by gender expression, simply by how you look,” Torres said. 

"The 125 Municipal Ordinances across the state, in general, reveal a lack of awareness regarding sexual and gender diversity among those who wield power in the City Councils, both the heads of the municipal Executive Branch and those who make up the Council," the analysis reads.

Regarding trans identities, Ricardo Torres comments that the document did not include the perspective of how the concepts of "moral violations" are affecting, above all, trans women and those who engage in sex work. 

"It wasn't addressed in the report because we believe it's a complex issue and requires in-depth analysis with our colleagues. The dynamics of police harassment against them (trans women) occur primarily in areas where sex work is practiced. I would say that in more than 116 municipalities, there are provisions that go against sex work because it is also considered immoral, and it's important to address this with our colleagues because they even develop strategies for protection," she adds.

What options do LGBT people have to defend themselves against arbitrary detention? 

The recommendations in the event of arbitrary detention, according to Out of the Closet, are to record the following information as far as possible:

• Bales of the patrol that stops you arbitrarily
• Names of police officers. All public servants are required to provide their names. 
• Time and place of arrest. 
• Record audio, photos, or video, as it serves as evidence. No authority can deny you the right to record in public spaces or public officials. 

A general recommendation this organization makes to LGBT+ populations is to report and obtain information about their rights.

The earrings

“The State has many outstanding issues. It is urgent to raise awareness and train the entire public service, especially those in charge of justice, from the police to the civil service. And to establish the appropriate actions in each comptroller's office to file a complaint without discrimination,” concluded Ricardo Torres.  

Fuera del Clóset is sending this document to the 125 municipalities that make up the organization. So far, only 25 have responded by email.

The municipality of Calimaya responded: "The council is not prepared to implement such progressive reforms." And Coacalco responded: "There is no discrimination in the municipality, it doesn't exist." 

The surprising responses came from Toluca, Naucalpan, Neza, Cuautitlán Izcalli, and Tultitlán, where they are seeking to approach Fuera del Clóset to "generate a joint work plan."

The current Municipal Ordinances are published every February, but they may be amended throughout the year.