Recently, the Mexican Supreme Court ruled that gender identity is an essential component of personal identity and is protected by the right to free development of personality. This decision was made in the context of unconstitutionality action 73/2025. The Court determined that the state of Guerrero is obliged to legislate to guarantee agile, simple, confidential, and accessible administrative mechanisms. This will allow all people, including minors, to align their official documents, such as their birth certificate, with their self-perceived gender identity. The Court stated that «an absolute prohibition based on age does not respect the progressive autonomy and the best interest of girls, boys, and adolescents, as there are alternatives that allow listening to them and assessing their maturity without denying them access to the procedure.» However, a question arises: is this decision scientific or ideological? From a legal standpoint, such a determination introduces a disproportion into the Mexican legal system. On the contrary, if the decision is based on scientific knowledge, it will be on another level. For example, under Mexican law, minors cannot sell or buy property, as they cannot dispose of their assets; they cannot get married; they cannot buy cigarettes; they cannot buy alcohol; they cannot obtain their passport by themselves; they cannot get a driver's license; among many other things. Furthermore, under the General Health Law, minors cannot be organ donors, as even if they express their consent to be one, it will be considered void. Dr. Natalia López Moratalla, an expert on the development of the brain in childhood and adolescence, warns that «until the end of adolescence, the brain is not in a condition to be able to make important decisions, and this (the change of gender identity) is a very important one.» As long as we continue to make decisions lightly, the concepts of life, person, family, childhood, freedom, and rights can mean everything and nothing at the same time.
