The Congress of Querétaro approved a new reform to the state’s Civil Code concerning self-perceived gender identity. The reform establishes an administrative procedure through the Civil Registry to obtain the corresponding legal recognition.
The bill passed with 15 votes in favor and 10 against, following a debate in which PAN legislators questioned the procedure used and its potential constitutionality.
What Does the Reform Change?
The reform modifies provisions of the Querétaro Civil Code related to the recognition of gender identity.
The concept of self-perceived gender identity refers to the way a person identifies and recognizes their own gender, regardless of the sex assigned to them at birth.
Under the new procedure, people will be able to go to the Civil Registry to request recognition of their gender identity through an administrative process.
This means that recognition would fall within the administrative powers of the Civil Registry, according to the conditions and requirements established by law.
What Does It Mean for People?
The main implication is that a person whose gender identity does not correspond to the sex originally recorded could request that their official information be modified through an administrative procedure.
As a result, the gender identity change could be reflected in official documents and records in accordance with the applicable provisions.
The reform is related to the recognition of human rights, identity, and legal personality.
PAN Questions the Majority Used to Approve the Reform
At the beginning of the session, PAN legislator Leonor Mejía Barraza requested that the voting procedure be changed, arguing that the bill should require a qualified majority.
The legislator maintained that approving it by simple majority could raise questions regarding its constitutionality and legality.
Mejía Barraza argued that a vote with 13 legislators should not produce legal effects that, in her view, would require a majority of 17 legislators.
Lawmakers Argue That It Is a New Initiative
In response, legislator Arturo Maximiliano said that the document submitted for a vote was not the same proposal that had previously been vetoed by the state executive.
He explained that it is an alternative proposal prepared by the Commission for Monitoring the 2030 Agenda and subsequently submitted for debate before the full Congress.
The central argument of legislators who supported the reform was that, because it is a new initiative, it can be approved by a simple majority.
Reform Receives 15 Votes in Favor
During the session, the bill titled “observations to the law reforming and adding various provisions of the Civil Code of the State of Querétaro, concerning gender identity” received 15 votes in favor and 10 against.
The approval was celebrated by a group of activists who remained outside the legislative building.
Morena legislator Andrea Tovar said that the reform seeks to guarantee people’s human rights in the state.
“We are going to vote for people’s rights,” the legislator said during the session.
What Happens Next?
The president of the local Congress’s Governing Board, Sinuhé Piedragil, explained that the approved document is different from the initiative that Governor Mauricio Kuri vetoed in May.
Because it is an alternative proposal, he said that a simple majority is sufficient for its approval and eventual publication.
The state executive will now have 15 days to submit observations. If there are no further observations, the process for its publication would begin.
Activists Celebrate the Approval
Following the vote, activists supporting recognition of gender identity celebrated the approval of the reform.
However, they also warned that they will continue monitoring the process to determine the publication date, effective date, and implementation of the new provisions.
The reform could still receive observations from the state executive, meaning that its legislative process has not yet been fully completed.
Source: eltiempomx
