Supreme Court green light for rainbow flags to fly on public buildings during Pride. The judges of the third chamber have endorsed that these insignia of the LGTBI community appear on the facades of town halls and public organizations on Pride Day, understanding that they are not a partisan symbol or one that advocates “some type of confrontation”, without violating the regulations. of flags of 1981. Other norms must prevail, say the judges, such as those that promote the equality of the people of the group.
The contentious-administrative judges have resolved two lawsuits from Aragon and Castilla y León. In the first case, Christian Lawyers had challenged the Zaragoza City Council putting this flag on its façade during Pride 2020. In the second, the same association had fought the same action by the Valladolid Provincial Council. At the center of the appeals and sentences was whether the Spanish flag regulations of 1981 allowed the display of these symbols, a judicial fight that occurred, among other cities, in Madrid a year ago.
The two rulings made public this Monday by the Supreme Court explain that this rule “is not applicable” since it does not contemplate this assumption. Its current doctrine, adds the Supreme Court, is not contradictory to other previous rulings that prohibited the flying of unofficial flags in public buildings and, in addition, norms such as those of equality of 2007 and 2022 must prevail, as well as the requirements in that sense of the ‘Law. Trans’ from last year.
The hanging of these flags in Zaragoza and Valladolid, the judges now say with the vote against Judge José Luis Requero, “did not contradict the demand for objectivity of the Public Administrations, nor does it break the neutrality that they must maintain, but is part of the line of actions that must be carried out to promote equality.”
A judge, against “flagging” “gender ideology”
José Luis Requero, a judge who during his time as a member of the General Council of the Judiciary showed radically against of homosexual marriage, has signed a dissenting vote against. It understands that the LGTBI movement and its flag refers to “acronyms that bring together various sexual tendencies that support various postulates, among them those of the so-called gender ideology, which are not peaceful and regarding which there is division in society, whether due to reason of beliefs or ideology.”
This magistrate even explains that allowing one of these flags to fly in a public building “goes beyond” the legal obligation to preserve equality, tolerance and inclusion and “flags controversial ideological postulates behind the symbol that triggers litigation.”
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