“It’s not just about having a piece of paper; it’s about being recognized”: In pursuit of the Non-Binary Law in Sinaloa

59

When Danae went to the Civil Registry offices to carry out their gender change to female, they were accompanied by a non-binary person, their friend. When they asked, out of curiosity, whether their companion could also change their gender to neutral in official documents, the official said that this was not possible.

In Sinaloa, on March 9, 2022, the Gender Identity Law was approved by the State Congress, but it did not include a neutral option for people who do not identify as either male or female.

“‘It’s something that needs to be legislated’ (the official said), so the Gender Identity Law was legislated, but it does not include non-binary people, and for the past three years I’ve had that concern: how is that possible if in other states it already exists?” said Danae Echavarría Robledo in an interview for ESPEJO.

The non-binary community, Danae emphasizes, is not something new, although it is popularly believed that non-binary people only exist since they became visible on the internet.

However, this is incorrect. Historically, this part of the population has always existed.

The activist explains that in various cultures, before colonization, there were concepts of a third gender distinct from male or female, and even identities that flowed between masculinity and femininity. In Mexico there is the Muxe representation in Zapotec culture, which is not necessarily considered male or female but rather a third gender. There are also the Māhū in Polynesian islands and the Hijras in South Asia.

Today, Echavarría Robledo says, many non-binary people —like much of the population under the transgender umbrella, which includes all identities that do not correspond with the sex assigned at birth— face misunderstanding, ridicule, and constant denial of their identity.

This is even more pronounced in a state like Sinaloa, with strong gender stereotypes, machismo, and rejection of anything that breaks heteronormative norms.

They state that the main form of resistance is freely expressing their gender identity despite the hostile environment, and that legal recognition is a way to do so, as it also makes visible an existence that has been ignored for a long time.


Non-binary law in Sinaloa

For this reason, Danae presented a citizen initiative before the Congress of the State of Sinaloa to reform section VI of article 1197 Bis III of the Family Code of the State of Sinaloa. This would allow an option in the Civil Registry so that non-binary people can be named as such in their official documents.

“It goes beyond just having a document that supports you; it is saying: we are here, we have been here, and we will continue to be here.”

With this amendment, the goal is not only for non-binary people to be represented, but also for other gender identities outside the binary system to have an option different from male and female in official documents.

These include gender-fluid people, who move between feminine and masculine; bigender people, who identify with both genders at the same time; agender people, who do not identify with any gender; and demigender people, who identify partially with a specific gender or with the concept of gender.

Still, Danae hopes this reform will be a turning point so that in the future, everyone can have an option that fully represents them.

The Non-Binary Law initiative has already had its two readings and has now been submitted to the Commission on Gender Equality and Family, where it awaits a ruling.

“Both readings of the initiative have already been given. The second reading was waived because it was scheduled shortly after the first one and the deputies considered they were already familiar with its content. Right now it is in committee awaiting a ruling, and fingers crossed, a favorable vote.

I hope it happens, because I don’t see why it shouldn’t move forward.”

Source: revistaespejo