Mexico's new trans policy could prevent misgendering
Mexico is on a path of change – even surpassing the United States – in one of its new transgender policies.
Transgender people, who were born in Mexico and live in the U.S., can now change the name and gender on their birth certificates to correspond with their gender identities, by just walking into a consulate office – something Georgia born citizens can’t do.
When their gender marker doesn’t match their appearance, transgender people say they are subjected to discrimination – interrogation – and sometimes, violence. An amended birth certificate not only acknowledges their gender identity but also offers them protection.
One of the first Mexican-born transgender women in Georgia to make the change talks with a reporter.
Aubrianna’s Story:
A decades long dream is now a reality for Aubrianna Escalera, as she receives her amended birth certificate from the Mexican Consulate in Atlanta.
“We were finally acknowledged and respected as transgender women",” said Aubrianna Escalera, one of the first Mexican-born transgender women in Georgia to receive her amended birth certificate. “It’s so nice. For medical reasons, work reasons, tax purposes, it helps with everything.”
Escalera was also able to get a new passport and with it – a sense of completeness and an ownership of her identity.
The Mexico Consulate in Atlanta has already issued 23 amended birth certificates, since this policy was enacted on January 20, 2022.
“We are very proud of the steps Mexico has taken in recent years toward being progressive, toward recognizing the needs and rights of everybody,” said Javier Díaz de León Cónsul General of México in Atlanta. “It is important to tear down barriers and to tear down preconceptions that are out there. It’s hard to imagine the difficult life someone would go through when they have a certain identity and they behave in a certain way, and they want to be recognized that way but they have a document; a passport or a birth certificate that says a different thing. That creates awkward and difficult situations every single day. Taking that away is a tremendous burden off their shoulders.”
Aubrianna Escalera and Consul General Javier Díaz de León
“Me growing up, I never was around trans girls like myself. I never even knew trans girls existed like myself,” Escalera said.
Escalera immigrated to the U.S. from Mexico when she was a toddler – spending her childhood in Savannah, Georgia. Then, she moved to Atlanta.
“Atlanta has a large Latin community and a large Latin community within that trans community,” Escalera added.
But with those friendships have also come hardships.
Transgender violence:
2021 was the deadliest on record for transgender and gender non-conforming people, with at least 50 deaths across the country, according to data compiled by CBS46 Investigates and the Human Rights Campaign.
Three of those deaths took place in Georgia.
In one of the victim’s cases, officers said the reporting was “based on sex and not gender.” CBS46 Investigates was also told that “the Georgia ID provided the name and sex.”
It’s called "deadnaming" – and Escalera believes that legally changing ones name and gender marker can stop it from happening.
“If I was to decease, I wouldn't have to worry about me going through the system and being identified as just another male who passed away who indulged in women's clothing. It's not our life and it's not our story, Escalera added.
Mexico vs. United States:
CBS46 Investigates wanted to know how updating identity documents in Mexico, compares to the United States.
What we uncovered: it depends what state you were born in and what state you live in.
In Georgia: you need proof of gender-affirming surgery or a court order- neither of which is needed under Mexico’s new rules.
“Everyone living in the United States has to deal with a different set of bureaucratic hurdles to get their identity documents in order,” said policy director at National Center for Transgender Equality. “The ease to which Mexican-born trans people can now update their documents demonstrates that there’s no need for it to be lengthy drawn out process. It demonstrates that we need to modernize our systems for handling identity documents across the United States. If Mexico can do it, there’s no reason that any other country in the world can’t do it.”
The policy director went on to say that Georgia is one of the most difficult states to update your identity documents.
In a survey titled ‘How Trans Friendly Is The Driver’s License Gender Marker Change Policy In Your State,’ the National Center for Transgender Equality gave Georgia an ‘F.’
Requirements:
Mexicans from the transgender community living in the U.S. can request an amended birth certificate at a Mexican consular office.
It is a free and confidential process. Applicants must bring with them:
Mexican birth certificate
Official identification
Two witnesses
Minors must be accompanied by their parents or legal guardians
To make an appointment, applicants should send an email with their name and phone number to: [email protected]
