Playas de Rosarito, Baja California – In a landmark move, the government of Playas de Rosarito has made history by modifying the gender on the birth certificate of a minor, marking the first registration of such a right in the state. This follows a resolution from the Supreme Court of Justice of the Nation (SCJN) and a subsequent local reform integrated into the Civil Code by the Congress of Baja California.
The reform, approved on June 20, mandates the Civil Registry Offices across municipalities to modify the birth certificates of minors, provided the petition is accompanied by their parents and a representative from the municipal Integrated Family System (DIF). This institutional change ensures the right to identity for transgender children and adolescents under an intersectional approach and the principle of the best interests of the child.
Deputy Michel Sánchez Allende, president of the Gender Equality and Youth Commission of the Congress of Baja California, emphasized that this reform aligns with the principles of the Fourth Transformation and addresses public demands. “This civil reform is consistent with the principles of the Fourth Transformation and addresses the requests of citizens,” said Sánchez Allende, referring to the initiative presented by Liam Díaz Samuel Ortega on August 16, 2023, which was diligently processed, reviewed, and ruled upon.
A month prior, the Baja California Congress had already adhered to the Court’s directive to safeguard the gender identity rights of minors through the issuance of amended birth certificates. This development underscores the legislative body’s commitment to upholding the rights of individuals of diverse sexual and gender identities, despite facing opposition from pro-life groups.
These groups, advocating for the rights of unborn children, vociferously opposed Morena’s initiative, arguing against allowing minors to change their gender on their birth certificates. In stark contrast, the LGTTB+Q community welcomed the reform, highlighting its significance in terms of rights and freedoms.
The National Human Rights Commission and the State Human Rights Commission of Baja California had previously challenged a state reform that only recognized the right of adults to modify their gender identity. They filed an action of unconstitutionality, calling for the extension of this right to minors. Responding to this, the SCJN, in June 2023, ruled to ensure this right for minors as well, thus amending the State Civil Code.
The local Congress’s Gender Equality and Youth Commission, with unanimous support from its Morena members, approved the reform, recognizing the right of every individual to process their gender change through the Civil Registry Offices. “This reform was approved within the framework of Pride Month, which commemorates the struggle and recognition of the rights of people of sexual and gender diversity,” added Sánchez Allende.
The initiative is grounded in the SCJN’s criteria, which uphold the necessity of guaranteeing the right to gender identity, akin to that for adults, through the issuance of a birth certificate. The regular session of the legislative commission saw active participation from trans activists, who represented over 700 signatories of the initiative and the broader trans community. These activists advocated for respect for identity, the fight against hatred, and support for mental health.
This ruling ensures that trans children have their identity recognized, linking it to the right to free development of personality, equality, non-discrimination, and progressive autonomy. Deputy Juan Manuel Molina, president of the Political Coordination Board of the State Congress, addressed the protests, noting that any demonstrations should target the SCJN, which had set a one-year deadline for compliance with its resolution, expiring in June 2024.
