The Civil Registry of Las Palmas de Gran Canaria has denied a man’s request to change his sex and be registered as a woman. The denial order is dated September 18.
The judicial authority in charge of the capital’s single Civil Registry has appreciated, in this case, that the applicant’s intention was not to benefit from the assumptions included in the Trans Law (Law 4/2023 of February 28 for the effective equality of trans people and for the guarantee of the rights of LGTBI people), but to benefit from the consequences of being a woman with regard to positive discrimination; That is, opt for a promotion in your workplace in an advantageous manner.
The order indicates that it is a sergeant of the Air Force who wanted to be promoted to second lieutenant in this way.
Although, the key to this decision is not in the Trans Law itself, but in the third guideline of the Instruction that the General Directorate of Legal Security and Public Faith promulgated on May 26 on the registry rectification related to sex regulated in the rule, in which it was established: “Within the strict terms of Law 4/2023, of February 28, the person in charge will ensure that fraud of law or abuse of rights does not occur.”
In accordance with this, the judicial authority, after summoning the interested party to the appearance required by law for the ratification of the petition, came to the conclusion that, from his statements, “it is not possible to deduce with sufficient certainty that the purpose pursued in your request fits the objective pursued by the Law. On the contrary, it is concluded that it is aimed at obtaining the legal consequences that, to promote equality through positive discrimination, this and other laws establish for women or for trans people, without [en el caso concreto] “There is a real desire for gender expression as a woman,” she explains.
Abuse of law or fraud of law
The magistrate in charge of the Registry explains in the order that, from the procedures carried out, it was possible to verify that there was no physical change in the applicant and that he did not request a name change either, stating that his was also a woman’s name. .
“In the same way,” he details, “it refers to itself in masculine terms, it does not show any gender expression in the context of social expectations or in the relationship with the way of dressing or in the use of one or another name or pronoun.” “, neither in behavior, nor in voice nor in aesthetics, ignoring the difference between gender expression and gender identity, stating that she feels like a woman, but does not want to be treated as such until her sex is rectified.” .
“Likewise, he indicated that he did not know of any support group for trans people, nor did he need psychological support from anyone, and because of his profession as an air sergeant, he wants to be promoted to second lieutenant,” the resolution adds.
In this regard, the order recalls, among other precepts, article 11.2 of the Organic Law of the Judiciary establishes that the courts and tribunals “shall reasonably reject petitions, incidents and exceptions that are formulated with manifest abuse of rights or involve fraud.” of law or procedure.
Also, it is not idle to remember that the main reform of the legal system that incorporates the so-called Trans Law is that it does not require a physical or surgical alteration, nor submission to treatment, nor any type of diagnosis of gender dysphoria. , thus recognizing the possibility of the person to make decisions with legal effectiveness about their identity, their own identity as the main quality of the human person.
“Consequently,” he emphasizes, “the use of the legal norm to obtain a purpose different from that provided for in the law, in addition to being fraudulent and contrary to the legal system, incorporates a special contempt for the dignity of the person who, “In the case of transgender people, it has taken a long time to be recognized as a human right.”
The resolution is subject to appeal before the General Directorate of Legal Security and Public Faith, and the resolution of this administrative body is in turn susceptible to review in the ordinary jurisdiction.
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