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Mexico’s Supreme Court Narrows Chiapas Conversion‑Therapy Law, Upholds Prison Terms and Public‑Office Sanctions

The ruling trims vague language to meet Mexico’s taxativity standard, confirming that a reinforced penal response is permissible only with precise statutory terms.

Overview

  • Sitting en banc, the SCJN unanimously resolved a CNDH challenge by striking or adjusting ambiguous portions of Article 326 Bis of Chiapas’s Penal Code.
  • The Court left intact penalties of two to six years in prison for forcing, teaching or financing practices that aim to suppress sexual orientation or gender identity.
  • Ministers validated the possibility of destitution and disqualification for public servants who commit these acts in the exercise of their functions.
  • After debate, the majority retained the term “relación doméstica” as an aggravating circumstance that can increase penalties up to double.
  • The justices invalidated vague phrasing such as “o similar” and, in a formal communiqué, stressed the need for clear legal definitions, with some ministers urging complementary prevention and victim‑support policies.