Machismo, Magistrates, and the Struggle for LGBTQ+ Rights in Mexico
The 2024 Pride Parade in Guadalajara, Mexico. Image Credit: Freddy Eduardo via Wikimedia Commons.
On the 13th of November 2023, Mexicans awoke to the news that magistrate in nation Jésus Ociel Baena had died with their partner in their home that morning. The young magistrate, who identified as non-binary and used they/them pronouns, was open about their sexuality from the courtroom to social media, where they were a TikTok sensation with over 300 thousand followers. Mexican authorities were quick to suggest that the cause of death was an “accident”, with later statements concluding that it was a murder-suicide, a “crime of passion” by their partner. Baena’s family, along with many in Mexico’s queer community, disputed this claim.
The magistrate was the first openly non-binary person in the Mexican judicial system and was also the first citizen to be given a passport with their gender listed as non-binary. They pushed boundaries in the gendered structure of the Spanish language, using the term le magistrade instead of the masculine el magistrado, and became the first person in Latin America to be officially granted this title.
Jésus Ociel Baena via X.
Protests erupted across Mexico the following night, with the queer community leading the frontlines. Protestors rejected the authority’s conclusions, chanting “Crime of passion? National Lie!” while waving pride flags in the air. Many highlighted the constant death threats that Baena received while alive, and that the government has neglected to do anything regarding hate speech and discrimination towards the community. The lack of attention from the authorities towards the case fueled further claims that they were determined to “brush aside” LGBTQ+ targeted violence. Mass protests caused authorities to open a line of investigation into the claim that Baena was murdered due to their gender identity and activism. At the time of writing, the investigation is still underway.
Hate and violence towards the LGBTQ+ community does not only happen in the shadows. In the weeks following Baena’s death a slew of misinformation and transphobia followed online. On X (formally Twitter) users claimed that Baena had sexual assault allegations against them, and that their role in the justice system was the result of nepotism. Both of these claims proved false, yet the online slander continued.
Baena’s case is not the first of its kind in Mexico. In 2016, trans sex worker Paola Buenrostro was murdered by a client. Her friend recorded as the killer fled from the scene, from which there were multiple witnesses. Despite this evidence, the judge considered accounts to be insufficient, and released the perpetrator after 48 hours. He has evaded justice since.
In early January 2024, a wave of transgender murders occurred, sparking another mass protest by the queer community. Though their deaths are currently under investigation, many believe that the cases are likely to end in impunity.
While this kind of injustice is certainly not exclusive to Mexico, nor to LGBTQ+ victims, a connection can be made between the country’s prevalent machismo culture and the issues facing the LGBTQ+ community. The term machismo is the idea that men are superior to women in every form. Though it sounds much like toxic masculinity, machismo is distinct in the way that it manifests in Mexico. The institutionalised male chauvinism, the close relation between church and state, and the government's disinterest in the rights of women and LGBTQ+ people have been referred to as “institutionalised machismo”. This dominance of male influence ensures that the rights and safety of this community do not remain on the government’s agenda, and excuse poor investigations into cases like Baena’s.
Mexico is already a regional superpower, with growing export industries and developments in health, education, and infrastructure. As the US turns away from China, Mexico has grand potential to become a global manufacturing hub. Yet its human rights record remains a cause of concern. Other countries in the region, such as Chile and Brazil, rank higher in LGBTQ+ recognition and safety. Brazil had a drag queen perform at the presidential inauguration and has multiple trans members of Congress. Chile’s president Gabriel Boric established a landmark LGBTQ+ safety campaign. Visibility and government incentives can protect and prove the lives of LGBTQ+ people, but are severely lacking in Mexico. While Mexico City (which has a unique status as a city-state, granting it higher autonomy) recently imposed new harsh penalties for murders of transgender people, more work is needed beyond criminalisation of hate crimes. While Mexico’s legal protections for LGBTQ+ people are increasing, public opinion lags far behind. This discrepancy is evident in the judicial system and public services. More than 41 per cent of Mexico’s LGBTQ+ population have reported experiencing a denial of their rights based on their sexual orientation or gender identity.
President Elect Claudia Sheinbaum. Image Credit: EneasMx via Wikimedia Commons.
In June 2024, Claudia Sheinbaum was elected as Mexico’s first female president in a landslide victory. During her campaign, Sheibuam promised to improve rights for LGBTQ+ people if elected. In 2019, during her time as Mayor of Mexico City, she expressed support for the queer community, attended the city’s pride parade, and eradicated gendered uniforms in schools. She also oversaw major reforms to the justice system and security, decreasing the city’s murder rate by an estimated 50 per cent.
When sworn in this October, Sheibaum must uphold her promises to support the rights of the LGBTQ+ community and uplift their voices by means of representation in public systems and spaces. Her history of reforms to judicial systems provides a glimmer of hope for marginalised communities. While safety threats may remain, a culture shift could eventually occur and see people like Baena protected and justice delivered.
The first version of this article was published via Medium on 8 January 2024.
Author Bio: Hannah is a political staffer, writer, and editor at ALELD. She completed her Bachelor of International Relations in 2023 while on exchange in Chile, and has since become an advocate for Australia-Latam relations.
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The views expressed in this article are those of the author and do not necessarily represent the views or opinions of the Australia Latam Emerging Leaders Dialogue.