CV NEWS FEED // A Mexican court recently protected the constitutional autonomy rights of the Catholic Diocese of Querétaro, ruling that the Diocese is not required to alter church records to reflect someone’s gender identity.
According to Alliance Defending Freedom (ADF) International, a nonprofit law firm, the Diocese first became embroiled in legal action in 2021 after a biological male who identified as a woman demanded that the Diocese change his sex and registered name on his baptismal records to reflect his new name and “gender.” When the Diocese refused, the man filed a petition against the Diocese.
The complainant cited Mexican data protection law, claiming that the Diocese was obligated to comply with his demand. The Mexican National Institute for Data Protection additionally sided with him and ordered the Diocese to make the requested changes to the baptismal records.
The Diocese, supported by ADF International and Mexico City-based organization Union por las Libertades Fundamentales, subsequently challenged the Institute’s decision in federal district court.
In April 2024, the Mexican Supreme Court declined to rule directly on the case and the Mexican federal appellate court sided with the Diocese. The final ruling from the appellate court held that churches and religious organizations have a constitutional right to manage their internal affairs in accordance with their doctrines without unlawful government interference.
“We are very glad that the court in Mexico has upheld the constitutionally protected autonomy rights of the Catholic Church with this ruling in favour of the Querétaro Diocese,” said Tomás Henríquez, Director of Advocacy for Latin America and the Caribbean for ADF International, according to ADF International.
Henríquez added that the ruling additionally upholds the Diocese’s right to protect the accuracy of its historical records, which it needs to maintain to administer the Sacraments.
He continued:
Both the Mexican constitution and international law are clear: churches have the right to manage their affairs according to the convictions of their faith. This is a prerequisite for religious freedom. As the battle against gender ideology continues, this case sets an important precedent for churches and religious organizations in Mexico, and it is our hope that Mexico will take real steps to improve its religious freedom standing.
