Y Tu, Mexico?

Former Mexican Congressman And Civil Society Leader, Convicted Of “Political Violence” For Social Media Posts On Gender

Rodrigo Ivan Cortes…

Salma Luévano

Coming across this report and having read it is a lot like getting stabbed in the frontal lobe of my brain with an icepick, except I can’t quite ever die or lose consciousness.

It just goes on and on.

Rodrigo Iván Cortés, a prominent figure in civil society and a former member of the Mexican Congress, has been found guilty of committing "gender-based political violence," which encompasses digital forms of aggression. This verdict stems from his social media activity on platforms like Twitter and Facebook, where he referred to Salma Luévano, a Congressional representative who identifies as transgender, as "a man who identifies as a woman."

Well, there seems to be nothing wrong with Senor Cortes’ vision.

On Wednesday, August 9th, Mexico's top court for electoral matters, the Superior Chamber of the Electoral Tribunal of the Federal Judicial Power, affirmed the lower court's ruling, finding Cortés guilty of (i) gender-based political violence, (ii) cyber violence, (iii) symbolic violence, (iv) psychological violence, and (v) sexual violence in relation to his online expressions.

The Superior Chamber levied a penalty of $19,244.00 MXN, along with instructing him to publish the court's judgment and an apology crafted by the court on Twitter and Facebook every day for a span of 30 days. Additionally, Cortés is mandated to undergo a course on "gender-based political violence" and be listed on the National Registry of Individuals Sanctioned in Political Matters involving Women.

You mean he has to be sent to a re-education camp and be indoctrinated for his wrong-think?

Cortés, the leader of the advocacy group "National Front for the Family (FNF)” (Frente Nacional por la Familia), was initially found guilty by a lower court for using male-oriented language on Twitter and Facebook in reference to Luévano. The anticipated ruling from the higher court was delayed by two months due to requests for judicial recusal, prompted by disclosed private meetings between the judge and Luévano, suggesting bias toward the transgender legislator.

Reacting to his conviction, Cortés remarked, "This verdict is profoundly disheartening—viewing it as an infringement upon freedom of speech and expression underscores a threat to democracy in Mexico. I remain dedicated to pursuing justice and safeguarding the rights of myself and every Mexican citizen to express their views. No individual should face censorship or punishment for sharing their beliefs, particularly on matters of significant importance. Peacefully articulating the realities of biology should never be deemed criminal."

And I agree with this wholeheartedly - to call Luévano a woman is compelled speech and to apologize on social media every day for 30 days is akin to having to write “Trans Women Are Women” on a blackboard.

Which brings to mind some suggestions as to how Cortés should apologize:

Day One: “Sorry you’re a man.”

Day Two: “Sorry, you will never be a woman.”

Day Three: “Sorry, humans can’t change sex.”

Day Four: “Sorry but no amount of surgery, hormones or pronouns alters the fact that you’re a man.”

I could go on, but I think you get the idea.

Kristina Hjelkrem, legal counsel for ADF International, which is offering legal assistance to Cortés' defense, expressed, "Dissent is not discrimination, and peaceful disagreement should never be equated with violence. It's deeply troubling that Cortés, who simply exercised his right to express his views in a peaceful manner on a topic of significant contemporary debate, has been labeled as a violent offender, especially when it's his adversaries who are fostering turmoil within Mexico's political institutions."

Cortés' situation mirrors that of current Mexican Congressman Gabriel Quadri, who faced similar charges and was convicted of "gender-based political violence" due to his Twitter posts, following a complaint lodged by Salma Luévano. Quadri is seeking justice at the Inter-American Commission on Human Rights and is currently awaiting a decision on admissibility.

Starting from September 2022, the National Front for the Family (FNF) expressed concerns via Twitter regarding a bill introduced by Luévano, which they believed infringed upon freedom of speech and religious liberties. This proposed legislation aimed to classify Christian teachings on sexuality as "hate speech" and gained considerable attention when Luévano presented it in Congress while dressed in the attire of a Catholic bishop.

In response, Luévano filed a complaint against Cortés, alleging that nine of his social media posts on Twitter and Facebook violated his right to be recognized as a woman and constituted a "denial of identity." Consequently, Cortés was charged with "gender-based political violence."

Luévano, along with fellow transgender representative María Clemente, has become notorious for inciting unrest within Mexico's Congress. This includes an incident where Clemente, with Luévano's support, physically struggled with the chamber's president to seize control of a congressional session in an attempt to oust Congressman Gabriel Quadri. Additionally, Clemente sparked international outcry by sharing explicit videos of his own "sex work" on Twitter, citing a supposed right to freely distribute such content on digital platforms.

Both Luévano and Clemente are affiliated with the MORENA party, which has advocated for constitutional amendments to protect "sexual rights" without age distinctions, including for minors—a proposal criticized by the FNF in one of its social media posts.