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Civil freedoms prevail: Mexican court prevents woke authorities from blocking Congressman from running for reelection for his posts on biological reality

  • Court upholds the right of federal congress member Gabriel Quadri to run for office following attempts from gender ideologists to bar him from the June elections.
     
  • Quadri was previously convicted as a “political violator against women” for Twitter/X posts on gender; ADF International supports reelection appeal with petition for justice at the Inter-American Commission on Human Rights 
Gabriel Quadri, whom ADF International supports.

WASHINGTON, DC (23 April 2024) In a victory for civil and political rights, Mexico’s Electoral Tribunal of the Federal Judiciary has upheld the right of incumbent Mexican federal congress member and former presidential candidate, Gabriel Quadri, to run for office in Mexico’s upcoming June elections.  

Congressman Quadri, from the National Action Party, was under threat of being denied his political right to run for reelection following a challenge from the MORENA party. MORENA looked to challenge his election eligibility following Quadri’s conviction in April 2022 of “gender-based political violence” for peaceful political expression on social media.  

In April 2022, Mexico’s Electoral Tribunal found Quadri guilty of multiple forms of violence, including so-called “digital violence,” following a series of eleven posts on Twitter/X. His posts expressed concern that congressional seats reserved for women were taken by men identifying as women; in addition to statements on biological reality and fairness in women’s sports. Quadri’s comments were the object of a complaint from Salma Luevano, a transgender-identifying member of the Mexican federal congress. Quadri subsequently was subjected to censorship and punitive measures, including registration as a “gender based political violator.”  

Last week, the Electoral Tribunal released a judgment in the case, announcing that the alleged ineligibility of the candidate is unsubstantiated, securing Quadri’s ability to run for reelection. The complainants did not appeal the judgment.  

Congressman Quadri commented on the victory from the Electoral Court: “I am grateful that the Electoral Court has affirmed my right to run for reelection, in accordance with the principles of basic human rights. For simply sharing my convictions, and speaking out for the hard-earned rights of women, I have been prosecuted and censored. I am committed to defending the right of every Mexican to speak freely and without fear, and I look forward to continuing my career of service to the citizens of Mexico.”  

Though congressman Quadri will now be able to stand for reelection, his conviction still stands. Mr. Quadri has resorted to the Interamerican Commission on Human Rights, with the assistance of ADF International, asking for the Mexican state to be convicted of violating freedom of expression. His case is currently pending. 

“I am grateful that the Electoral Court has affirmed my right to run for reelection, in accordance with the principles of basic human rights. For simply sharing my convictions, and speaking out for the hard-earned rights of women, I have been prosecuted and censored. I am committed to defending the right of every Mexican to speak freely and without fear, and I look forward to continuing my career of service to the citizens of Mexico.”

Potential reelection ban  

Quadri’s reelection eligibility was in jeopardy due to a filing by the MORENA party before the Electoral Court, demanding his removal from the ballot. The request petitioned the Court to declare any person registered as a “gender-based political violator” ineligible for public office. Should the Court have ruled in favor of the MORENA party’s filing, Quadri would have been unable to run for reelection for his congressional seat solely on the basis of his social media posts.  

“We are thrilled that the Electoral Court in Mexico has upheld Congressman Quadri’s right to run for office,” said Julio Pohl, ADF International’s lead lawyer on the case. “International law clearly protects the rights of every citizen to be elected and to have access to public service. Civil and political rights are core to the protection of all human rights and must not be restricted for peacefully expressing one’s convictions. We are thankful that Quadri will be able to run for reelection and continue his career of service as an elected official”. 

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“Gender based political violence” conviction 

Mexico has in place a law requiring equal representation of men and women in Congress. Quadri’s Twitter/X posts made the point that it is unjust for males to take advantage of the law to gain access to political positions designated for women.  

On February 8, 2022, Quadri posted on Twitter/X: “We should legislate to prevent that men that make themselves pass as women compete unfairly against women in organized sports, and that they do not usurp the political electoral positions that belong to women…” 

On February 16, 2022, he posted: “Let it be clear. In the House of Representatives of the 65th Legislature there is no parity between men and women. There are 252 men and 248 women, thanks to trans ideology and/or gender ideology. Men enter through the back door to (once again) displace women…” 

Salma Luévano, a MORENA member of Congress who identifies as a transgender woman, filed a complaint regarding the posts before the National Electoral Institute resulting in Quadri’s conviction. Luévano has gained notoriety for fomenting unrest within Mexico’s Congress, including an incident where the president of the chamber was physically wrestled from his chair amidst calls to expel Quadri from the chamber.  

The Court ordered the following punitive measures following Quadri’s conviction: requirements to (i) delete the tweets, (ii) issue a public apology drafted by the Court and post a summary of the ruling on Twitter/X for 15 days, at two set times per day, (iii) complete two courses on gender-based violence and transgender violence, and (iv) be listed as a “gender-based political violator” on a national registry for two years and nine months.  

With the exhaustion of domestic remedies, ADF International petitioned the Inter-American Commission for justice for Quadri in December 2022. In January 2024, more than a year from the filing, the Commission called on the government of Mexico to respond.  

Freedom to speak in jeopardy 

Former Mexican Congressman Rodrigo Iván Cortés also was convicted for “gender based political violence” for social media posts. His case is pending before the Commission.    

International scrutiny of Mexico’s free speech violations is happening at the same time that Ireland’s parliament is considering an unprecedented “hate speech” law, with a potential prison sentence of up to five years. Elon Musk has pledged to both initiate and fund legal action should the law pass. 

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