ABSTRACT
The appeals that 11 service men filed against the Mexican Army in 2007 for unfair dismissal, on the grounds that they were living with HIV, opened an unprecedented chapter in the relationship between sexuality and the judicial system in Mexico, and in the links between biopower and the processes of democratisation and citizenship in the country. In this article, we analyse this process by looking at claimants' discourses as well as those of the Supreme Court judges. We follow three analytic axes: the relationship between biopower and human rights; the paradoxical place of sexuality in this legal process as an element that is both present and absent in legal debates; and the spectre of homosexuality as the implicit undercurrent of this tense discursive event.