The Ley Trans has received the green light from Moncloa. Which has been the priority rule of the Minister of Equality, Irene Montero, throughout the legislature, it has finally received the support of the socialist part of the Government – pushed by a possible veto of the trans group in Pride – and it will reach the Congress of Deputies.
This is where the different formations will have to debate whether Spain definitively collects “gender self-determination”, whether it allows the legal change of sex without the need for a medical or psychological report and whether it consents to hormonal and / or genital surgery of minors under 16 and 17 years without the need for parental consent. Among other controversial measures that the norm incorporates.
Popular Party Y Vox have already announced that they will vote negatively: those of Santiago Abascal reject it outright, but the popular they advocate a norm drafted in a way that does not create “legal uncertainty” and does not involve the “effective erasure of women”. But the opposition votes are not enough. This means that It will be approved unless there are PSOE deputies breaking the voting discipline.
To this appeal the more than 100 feminist associations agglutinated in the Alliance Against the Erasure of Women, what are you waiting for “that Pedro Sánchez is not authoritarian and allows freedom of vote to socialist women -and men- who we know are against“.
In conversation with this medium, the feminists of the Alliance censure the “legal nonsense” included in the norm and that go “against the rule of law.” Among them, the one that generates the most alarm is that he establishes the Regime of offenses and penalties, as it involves the transposition of the rules relating to “the burden of proof in the case of motives related to LGTBI discrimination”. That is, it will no longer be the complainant who has to prove the discriminatory act, but just the other way around.
And it is that the law provides administrative penalties of between 200 and 150,000 euros for “hate speech”. All a “gag” that, in the opinion of the Alliance Against the Erasure of Women, will be imposed on “all feminists who question the doctrine that tries to impose the idea that gender is an identity.”
They also warn that the work of the media will be “coerced and limited” if any denunciation of the consequences of the free choice of registered sex is considered a “hate crime” or “transphobia”.
Argumentary of the PSOE
Ultimately, socialists who vote against the norm that promulgates “gender self-determination” will only be consistent with the argument that their party made public in June 2020. It argued that such a concept – that of “self-determination” – lacks “legal rationality” and deprives feminism of its subject, as well as unleashing contradictions of which the first victim would be women.
The document that exposed the position of the PSOE on the matter was signed by Carmen calvO, Jose Luis Ábalos, Santos Cerdán Y Alfonso Rodríguez Gómez de Celis. All of them warned that there is an interested manipulation of concepts “fundamental in feminism such as sex and gender” that puts “at risk the legal concept and political subject of women”.
This argument will be diluted if the PSOE finally does not allow the freedom to vote in conscience and approves the norm as United Podemos wanted it.
If approved as approved by the Council of Ministers, the legislation will include the concept of “gender self-determination”, which provokes the rejection of feminists classical (who consider that delete the legal category of women, based on biological sex) and experts (as it is a criterion ideological and unscientific).
The current legislation allows changing the name and sex in the DNI as long as there is a medical or psychological report. This requirement will be eliminated with the Trans Law, which considers sufficient “the free declaration of the person felt” to change the registered sex from the age of 16.
Namely, minors under 16 and 17 years of age may change their sex without the need for psychological or medical tests. On the other hand, between the ages of 12 and 15, whoever wishes to make the registration change must do so through their legal representatives, usually through the family. But if they do not agree, “a judicial defender” will be appointed. The procedures, in any case, will be exempt from “costs or fees”.
This rule would make Spain one of the countries of the European Union with more radical legislation on trans people. And it is that there are many nations that have laws that recognize and protect the rights of people with these characteristics, but they demand to have treated with hormones, operated or present a medical report to recognize the change of sex.
Only six countries require only the will of the people for this process: Denmark, Belgium, Portugal, Ireland, Luxembourg Y Malta. And with nuances that are not present in the norm that the Ministry of Irene Montero raises.
The Danes, for example, require six months of reflection before starting the process; the Irish must make a formal declaration; while in Belgium, Portugal and Luxembourg, the last countries to incorporate this legislation, minors under 16 and 17 can only do so with a medical statement.
For all these reasons, experts have harshly criticized the norm, but also traditional feminist groups. Agglutinated in the Alliance Against the Erasure of Women, they understand that such a rule “exposes children to harmful effects for life, and to authentic conversion therapies from which adults are exempted, since for them it is enough to express I feel / am“.
For the Trans Law to finally be paralyzed, there is only one possibility: that there are socialist deputies who break the voting discipline and are consistent with the party’s initial positions on feminism.