The Superior Court of Justice of Castilla y León (TSJCyL) has endorsed that the previous Valladolid City Council placed the LGTBI flag in the town hall building in the years 2021 and 2022. The ultra-Catholic association Christian Lawyers had denounced that the Town Hall, then led by the PSOE and Valladolid Take the Word, the rainbow banner will be located on the balcony of the property. The ruling claims that public powers “must promote the recognition […] of LGTBI people” and rejects the alleged violation of “institutional neutrality” that the reactionary platform alleged. PP and Vox, rulers in coalition since May, did not hang this banner during the last Pride.
The autonomous high court has ratified the decision of the previous municipal corporation because it understands that this symbol contributes to the visibility of LGTBI people and remembers that the legislation establishes how institutions must promulgate the values of Equality. “If the law assumes and provides that public powers must promote institutional recognition and participation in commemorative events of the indicated struggle, [colocar la bandera] It could be agreed that the most expressive and congruent way of showing at the same time and in a single act both its institutional recognition and said participation. Christian Lawyers brought to justice the presence of the banners during the days before and after, in 2021 and 2022, to June 28, world LGTBI Pride day.
The TSJCyL also does not consider it true that these multicolored banners “violate the invoked principles of objectivity and political neutrality,” as claimed by the complainants, who insisted on the illegality of placing unofficial symbols in public spaces such as a City Hall. According to this reactionary group, whose arguments were dismantled by Justice, “the LGTBI flag is clearly an ideological flag since it is integrated into the programs and speeches of some political parties, at the same time that it is rejected by others, thus being a controversial issue in “Spanish society.” The action, points out the pronouncement of the magistrates, does not affront the “legal system” and resolves that “it can hardly be considered that the administrations that take this position violate the invoked principles of objectivity and political neutrality.”
The autonomous high court has cited in its edict a part of what is known as the Trans Law, approved this year, as it establishes in its article 5 that “the public powers will promote institutional recognition and participation in commemorative events of the fight for equality real and effective protection of LGTBI people”, which provides legal protection for the placement of rainbow flags on the balconies of city halls.
Political confrontation over the LGTBI flag
This judicial dispute joins other struggles around LGTBI symbols. The new coalitions formed between PP and Vox after the municipal elections last May have led to the removal of these flags during Pride in town councils such as Valladolid or Burgos, where they have dismantled the PSOE and its policy of placing representative flags. The new mayor of Valladolid, Jesús Julio Carnero (PP), attributed the measure to the fact that during the legislature they will only install the official banners and not symbols of other causes, although when he directed the Valladolid Provincial Council he claimed to “continue talking about Equality” and yes He placed the rainbow banner on the public property. On the other hand, when Carnero no longer commanded this entity, the city’s Contentious-Administrative Court 3 did accept a complaint from Christian Lawyers in 2020 to remove the banner in order to preserve “the duty of objectivity and neutrality” and did consider that the legislation does not allow this symbology to be hung in institutional spaces like that.
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The PP-Vox alliance that governs the Junta de Castilla y León since spring 2022 also did not allow, as it did when the PP governed, the Cortes building to be illuminated in the rainbow color to commemorate Pride. He did not consent to it either during his first year in office or in this second, to the point that the president of Parliament, Carlos Pollán (Vox), threatened to send security teams to remove some LGTBI banners placed by the PSOE in the windows. of their offices. Finally they were not removed by force but rather the socialists dismantled them when those dates passed.
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