The Supreme Court endorses placing the LGBTI flag in public buildings on Pride Day because it is not a partisan symbol

The magistrates have concluded that there is no impediment for the rainbow flag to be displayed in a public building, understanding that does not violate Law 39/1981of October 2, which regulates the use of the flag of Spain and other flags and ensigns, nor does it violate the principles of objectivity and neutrality of Public Administrations.

The court maintains that the LGBTI flag “is projected in favor of equality between people, a value recognized by the Constitution and the Charter of Fundamental Rights of the European Union.”

Furthermore, the Contentious-Administrative Chamber recalls that articles 14 and 9.2 of the Magna Carta advocate overcoming discrimination due to any personal circumstance and article 21.1 of the European document calls for the prohibition of all forms of discrimination based on orientation. sexual.

The Supreme Court has ruled this way when resolving two appeals: one of Christian Lawyers against a ruling by the Superior Court of Justice (TSJ) of Aragon, which rejects; and another from the Provincial Council of Valladolid against a resolution of the TSJ of Castilla y León, which it upholds.

In the case of Aragón, the LGBTI flag was displayed on the main balcony of the Zaragoza City Hall. In Castilla y León, the rainbow flag flew in the interior patio of the Provincial Council of Valladolid. Christian Lawyers appealed in both cases and the matter, after going through the courts of said autonomous communities, has ended up on the table of the Supreme Court.

Remember the steps of the legislator in the interests of equality

Now, the high court explains that Law 39/1981 is not applicable to these cases, since it does not contemplate the case of display of an LGBTI flag. AND defends that there is no contradiction between what is now decided and what was previously resolved regarding the raising of an autonomous flag other than the statutory one and, in general, against the display in public buildings of symbols or messages of a partisan nature.

However, the magistrates add that the state legislator has already developed these provisions in Law 3/2007, of March 22, and in Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination. , which expressly recognizes in its article 2.1 the right of everyone not to be discriminated against, among other reasons, due to sexual orientation or identity.

For its part, Law 4/2023, of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, reiterates these demands. Furthermore, in the case of Aragon, its legislator has already taken steps in this direction with its Law 18/2018.

Thus, the Supreme Court concludes that placing an LGBTI flag in a public building, due to the manner and temporal circumstance in which it was carried out in these cases, did not contradict the demand for objectivity of the Public Administrations, nor did it break the neutrality that they must maintain, but rather it was inscribed in the line of actions that must be carried out to promote equality.

A magistrate against due to “gender ideology”

The sentences, which were presented by the acting president of the Contentious-Administrative Chamber, Pablo Lucas, had the dissenting vote of Judge José Luis Requero Ibáñez.

Requero disagrees with the majority of the court in considering that placing the rainbow flag on a public building violates the obligation of neutrality and objectivity of Public Administrations provided for in article 103.1 of the Constitution.

The magistrate argues that the LGTBI movement 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.