The central government is willing to take to the Constitutional Court the reforms of the law against LGTBIphobia and the trans law of the Community of Madrid, approved in December thanks to the absolute majority of the PP of Isabel Díaz Ayuso and despite the opposition of associations , activists and left-wing parties. The Executive chaired by Pedro Sánchez has raised, at the request of the Ministry of Equality, a question of unconstitutionality that affects four points of the first rule and one of the second, for which the two parties will now meet in a bilateral commission to negotiate. for a maximum of six months with the cards marked: either they reach an agreement, or the conflict will end up in the Constitutional Court, as is as the digital newspaper announced Public and EL PAÍS has been able to confirm.
The discrepancies that confront both parties are concentrated in specific points of the two regulations and are the following, as detailed by a spokesperson for the central government. The regional Executive had not responded to this newspaper's questions at the time of publication of this article.
- Law for Comprehensive Protection Against LGTBIphobia and Discrimination on the Reason of Sexual Orientation and Identity. Article 14 “pathologizes transsexuality,” believes the Ministry of Equality, by establishing that trans minors may only begin their hormonal treatment after an examination by a pediatrician, after being treated “by a mental health professional” (psychologist or psychiatrist). , or that they will need a “essential” favorable medical report if they have two or more mental illnesses or disorders at the same time. Furthermore, the central government challenges sections 15 and 17, which specify the rights to use spaces by trans people “without prejudice to the rights and privacy of other users, especially women, girls or boys.” . In the opinion of Equality, this reference to the use of common spaces based on sex (in minors' centers, supervised apartments, senior residences…) violates article 14 of the Constitution by undermining the principle of equality and represents a discriminatory use of the language. The central government also points out that the state law establishes an express prohibition of aversive or conversion therapies even if they have the consent of the interested person or their legal representative, while the Madrid law adds the tagline “without psychological counseling being able.” considered discriminatory or contrary to the freedom of the person evaluated.”
- Law on Gender Identity and Expression and Social Equality and Non-Discrimination. The ministry challenges that it denies associations, entities and organizations representing LGTBI groups the legitimacy to present themselves as accusations or represent victims in criminal or administrative sanctioning processes. And he reproaches: “This article violates article 149 of the Constitution, which attributes to the State exclusive jurisdiction in procedural matters and does not differentiate any procedure.”
The convening of the bilateral commission between the State and the regional government represents the last step in the strategy developed by the PSOE against legal reforms that it opposed from the beginning. Thus, first the Madrid socialists of Juan Lobato announced their contrary vote. Then, socialist MEPs in Brussels called for measures to stop the reforms. And now he is urging this legal conflict through the Government of Spain.
“The Government has activated a procedure prior to the appeal of unconstitutionality of the laws, of the reform of the LGTBI trans laws of the Community of Madrid,” summarized Santiago Rivero, PSOE deputy in the Assembly. “These laws once again pathologize trans people, we hope Ayuso rectifies them.”
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The regional Law on Identity and Expression of Gender and Social Equality and Non-Discrimination (known as trans law) It was approved in 2016, when the Government of Cristina Cifuentes (PP) depended on CS. The rule came from the opposition and the conservatives did not support it: they abstained. Since Ayuso came to power, in August 2019, she has had this law in her sights. Both she and her main advisors, starting with the current president of the Assembly, Enrique Ossorio, considered it excessively ideological, ineffective in its writing and questionable in some of its precepts.
In this way, the PP sprinted to use in these reforms the absolute majority that it had obtained in May 2023: by December of that same year, just six months later, the right to recognition of freely expressed gender identity had already been repealed. (collected in article 3 of the standard), as well as the free development of their personality and being treated in accordance with their gender identity. It wasn't the only change. It was also removed from the norm that educational content contemplates non-discrimination based on gender identity and expression, and the actions of educational centers to protect against harassment.
Something similar happened with the comprehensive protection law against LGTBIphobia and discrimination based on sexual orientation and identity in the Community of Madrid, which the last legislature Ayuso already agreed to lower with Vox in exchange for obtaining its essential support to approve the omnibus law.
Thus, the prohibition that “no person may be forced to undergo treatment, medical procedure or psychological examination that restricts their freedom of gender self-determination” was eliminated. In this case, the reversal of the burden of proof also disappeared with the reform, with the argument, the PP maintained in its text, that it was introduced into the law “in good faith or motivated by the desire to impose certain known doctrines.” as “gender”.
The law was also renamed “Law for the protection, effective equality and non-discrimination of LGTBI people in the Community of Madrid.” The creation of the LGTBI Council of the Community of Madrid, or the LGTBI Documentation and Historical Memory Center, was repealed, and the contribution of Madrid's institutions and public powers to the visibility of LGTBI people in Madrid was eliminated. All sections corresponding to educational plans and the promotion of non-discrimination were also deleted, as well as the review of educational curricula to include “the lesbian, gay, bisexual, transsexual, transgender and intersexual reality in the transversal training contents.” of all the students of Madrid.”
As a consequence of the changes, LGTBI organizations with experience in the matter will no longer provide professionals in educational centers with the necessary training to guarantee the right to education of LGTBI minors. And the legal obligation to give visibility to diversity through institutional advertising has been erased.
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