Thousands in Mexico demand justice for LGBTQ+ magistrate found dead after death threats

Thousands marched in Mexico’s capital Monday night demanding justice for Jesús Ociel Baena, an influential LGBTQ+ figure who was found dead at home in the central city of Aguascalientes after receiving death threats.

Baena was the first out nonbinary person to assume a judicial post in Mexico, becoming a magistrate in the Aguascalientes state electoral court, and broke through other barriers in a country where LGBTQ+ people are often targeted with violence.

The state prosecutor’s office confirmed that Baena was found dead Monday morning next to another person, whom local media and LGBTQ+ rights groups identified as Baena’s partner, Dorian Herrera.

State prosecutor Jesús Figueroa Ortega said in a news conference that the victims displayed injuries apparently caused by a knife or some other sharp object.

“There are no signs or indications to be able to determine that a third person other than the dead was at the site of the crime,” he said.

The suggestion that suicide was one possibility in the deaths quickly sparked outrage, with LGBTQ+ groups calling it another attempt by authorities to simply brush aside violence against their communities. People who knew Baena said the magistrate in recent weeks was chipper and talked passionately about the future.

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Mexico Security Secretary Rosa Icela Rodríguez said in a news briefing that authorities were investigating the death and that it remained unclear if “it was a homicide or an accident.” Some homicides in Mexico have a history of being quickly minimized by authorities as crimes of passion.

Alejandro Brito, director of the LGBTQ+ rights group Letra S, said that Baena’s visibility on social media made them a target and urged authorities to take that context into consideration in their investigation.

“They were a person who received many hate messages, and even threats of violence and death, and you can’t ignore that in these investigations,” Brito said. “They, the magistrate, was breaking through the invisible barriers that closed in the nonbinary community.

Brito was echoed by thousands who gathered in the heart of Mexico City to light candles over photos of Baena and other victims of anti-LGBTQ+ violence. They shouted, “Justice!” and “We won’t stay silent!” and demanded a thorough investigation into the deaths.

A protester holds a candle during a vigil in Mexico City for Jesús Ociel Baena, an out nonbinary magistrate who was found dead Monday.

(Eduardo Verdugo / Associated Press)

Among them was Nish López, who came out as nonbinary in March, partly inspired by Baena.

“I loved them because they made people uncomfortable, but they knew what they were doing,” López said. “Through institutions they showed that you can inspire change regardless of your gender identity.”

Baena made history in October 2022 when they assumed the role as magistrate for the Aguascalientes state electoral court. They were believed to be the first in Latin America to assume a judicial position. In June, Baena broke through another barrier when they were among a group of people to be issued Mexico’s first nonbinary passports.

Baena appeared in regularly published photos and videos wearing skirts, heels and toting a rainbow fan in court offices, and advocated on social media platforms, drawing hundreds of thousands of followers.

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“I am a nonbinary person, I am not interested in being seen as either a woman or a man. This is an identity. It is mine, for me, and nobody else” Baena posted on X, formerly Twitter, in June. “Accept it.”

Last month, Baena was presented with a certificate by the electoral court recognizing them with gender neutral pronouns as a “maestre,” a significant step in Spanish, a language that historically splits the language between two genders, male and female.

Although Brito said Mexico has made significant steps in reducing levels of anti-LGBTQ+ violence in recent decades, his group registered a significant uptick in such violence in 2019, documenting at least 117 lesbian, gay and bisexual and transgender people killed in the country. Many were grisly killings, including brutal stabbings and public slayings.

The National Observatory of Hate Crimes Against LGBTI+ Persons in Mexico registered 305 violent hate crimes against sexual minorities in 2019-2022, including murder, disappearances and more.

Brito said he worried that the death of Baena could provoke further acts of violence against queer communities.

“If this was a crime motivated by prejudice, these kinds of crimes always have the intention of sending a message,” Brito said. “The message is an intimidation. It’s to say: ‘This is what could happen to you if you make your identities public.’”

But for López, who walked with throngs of people in heels and many others in the crowd in Mexico City on Monday night, the overwhelming feeling wasn’t fear. They wanted to carry on Baena’s legacy.

“I’m not scared, I’m angry,“ López said. “I’m here to make myself visible.”