Ley Trans: in Spain, gender self-determination is (almost) the law

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Is called Ley Trans, has not yet final approval, but will bring a sea change in Spain regarding LGBTI rights and gender identity. “This law places us at the forefront of Europe again,” said the Spanish Minister of Equality Irene Montero, presenting the Ley Trans bill “for the real and effective equality of trans people and for the guarantees of rights of LGBTI people».

It had been discussed in Spain for months. At the end of June, the approval of the Council of Ministers arrived and now it is up to Parliament where there will be a battle. The text has changed in line with Montero (Unidas Podemos) with the right to self-determination of the gender from the age of 14 with the possibility of changing the indication on the documents. The feminist movements that see the policies for equality, the Popolari and Vox on the right are ready to oppose.

The law makes it possible to recognize gender identity through a personal manifestation without the need for a diagnosis from doctors or psychologists attesting to “gender dysphoria”. There is no need for evidence and not even the two years of transitional treatment that had to be done and reported under the previous law. Thus transsexuality loses the form of a pathology it had for the detractors of the previous law.

It is possible to do it from the age of 14 with a self-certification in the civil register and another confirmation after three months. The registry has one month for registration. From 16 you do it without conditions, from 14 you have to be accompanied by a parent, guardian or legal defense. Before 12 you can change your name, from 12 to 14 you have to go before a judge.

There is a chance to change your mind. After 6 months from the change on the identity card it is possible to return to the departure indication. Here lies one of the greatest fears of the feminist world: that gender transition will cause men to escape justice, particularly in cases of domestic violence. The criminal responsibilities of those who change sex are expected to remain unchanged.

Conversion therapies, those paths that aim to modify sexual orientation with psychological, but also physical interventions, are prohibited. Interventions on children with both female and male physical characteristics are prohibited, except in cases of health risk.

It is open to all, for the first time even to transsexual people, even single ones. Both women in a lesbian couple will be able to go through the assisted fertilization process and both will be mothers without the need for adoption. We speak of a “pregnant spouse”, not of a mother.

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