The sensation of absolute internal schism that runs through the ranks of the PSOE due to the processing of the Trans Law led the President of the Government, Pedro Sanchez, to give the order to create a team with heavyweights from the party and the Executive to find a way out against the clock. The objective was to agree on the amendments to the rule, which were made public yesterday, with which he hoped to unite the positions of the two opposing sectors of the party. But it hasn’t happened that way.

As EL ESPAÑOL has learned, the former Vice President of the Government and leader of the party’s feminist sector had to play a relevant role in the negotiation, Carmen Bald, to try to bring the situation to fruition. Along with her, the Minister of the Presidency, Felix Bolanosthe head of Justice, Pilar Llopand the secretary of Equality of training, Andrea Fernandez.

However, the role that Calvo has played has finally been blurred and the final agreement has not been reached. The amendments that the Socialists will present next Monday do not go as far as she and the feminist sector she leads would have liked. But they have managed to get the party to assume some of their theses. “The issue of minors and self-determination were red lines and those, more or less, have been respected,” admit close sources.

[El PSOE enmienda la autodeterminación en la Ley Trans: obliga a pasar por el juez a menores de 16]

Although last week the PSOE announced that gender self-determination “will not be touched”, the amendments made public finally do put an end to this issue in the case of minors. The Trans Law Project that started from the Minister councilpromoted by Minister Irene Montero, establishes that minors between the ages of 14 and 16 may request a change of sex in the Civil Registry, assisted in the procedure by their legal representatives.

In addition, it indicates that if there is no agreement between the guardians and the minors, “a judicial defender will be appointed.” In its amendments, the PSOE completely erases these precepts and establishes that, in all cases, those under 16 years of age must request judicial authorization to change the sex in the register, which is a way of limiting self-determination.

Another of the key points on which the party has registered an amendment is that of the reversibility. The Bill established that a person who has changed their sex in the Civil Registry may rectify their decision, as many times as they wish, every six months. The PSOE now chooses to request the registry change “obtaining judicial approval”, seeking that arbitrary comings and goings are not generated.

Both in this last point and in that of minors, the role played by the Minister of Justice, Pilar Llop, has been fundamental. Although she does not formally belong to the party, she is an authority as a jurist and feminist and of the Ministry of her, in addition, depends on the Civil Registrykey in the norm.

His work has been aimed at fitting all the pieces and finding legal certainty so that the Trans Law. The objective is that, when it is approved, it is not overturned by the Constitutional Court before the resources already announced from the opposition by the Popular Party and Vox.

Along with Llop and Calvo, Bolaños has entered the equation as he does in every negotiation that is important for the Government. Andrea Fernández has done so as the person in charge of Equality in training. She is also an orthodox feminist, after all she inherited a secretary that previously belonged to Calvo, but she has built a reputation for building bridges with the LGBT sector.

Discontent of the feminists

After announcing the PSOE late on Tuesday that it was going to extend again the term to present amendments to the norm in the Congress of Deputies, much expectation was generated about its content. The party has been looking for balance until the end, aware that it was not going to be able to fully satisfy either the classic feminists of its formation, nor the LGTBI groups, nor its government partner, United We Can.

According to sources from the classic feminism of the PSOE, the amendment that avoids equating gender violence with other types of violence, such as intra-family violence, does make his sector happy, although it still raises some objections.

[Quién es quién en el cisma del PSOE provocado por la autodeterminación de género de la Ley Trans]

“It is surprising that women in a situation of prostitution do not have the social and labor rights of the Organic Law 10/2022but one of the amendments proposed by the party does give those rights to trans women in a situation of prostitution,” they say. “The result is that we are going to help trans women get out of prostitution, leaving aside the rest, unless they prove they are victims of trafficking or exploitation,” they add.

“We also doubt what the judges are going to decide if you can reverse the sex change after six months. In addition, we did not find any amendment to the sanctioning regime [respecto a conductas transfóbicas] nor to the reversal of the burden of proof [que indica que la parte demandada tendrá que justificar su inocencia]”, they add from the feminist sector of the PSOE.

Next Monday, as the party leadership had promised, the Socialists will register the amendments in the Congress of Deputies. From there, they will be debated in the Equality Commission of the Lower House, chaired by Carmen Calvo herself. Classical feminists see this Commission as the next battlefield. “We’re going to keep fighting, that’s for sure,” they acknowledge.

Source: Elespanol

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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