The President of the Republic Marcelo Rebelo de Sousa vetoed the so-called neutral name diploma and the law that allowed schools to make adaptations to enforce the law that establishes the self-determination of gender identity and expression.
In the case of the diploma that was approved only with Chega’s votes against in the Rights and Freedoms and Guarantees Committee and which allowed a person to register a first name that was not identified with the male or female gender – for example Alex, Rafa, Cris – Marcelo Rebelo de Sousa considers that the text “does not guarantee a balance in respect for the essential principle of people’s freedom”. On the one hand, the president argues, since the choice of a neutral name is legitimate, it “should not impede the option for a non-neutral name if that is the will of those who made that decision”.
The second “problem” concerns the fact that the law allows a person who decides to change their gender to do so by registering this change in their marriage or child birth certificates “without the person to whom they were or are married being consulted or even informed, as well as without the other parent or the adult child being able to comment or be informed”.
By returning this law at a time when parliament is dissolved, Marcelo Rebelo de Sousa “throws” this issue to the next legislature.
“By vetoing, the President of the Republic understands that whoever changes their sex or name, if they are married, the other party has a say in it. But if the other party had anything to do with it, it would be unconstitutional, for violation of individual freedom, autonomy and self-determination of the person who changes their sex or name”, considers socialist deputy Isabel Moreira.
Also thrown into the next legislature was what was known as the “bathroom law”, but which is much more than that. At issue is the possibility of schools adopting measures to implement the law that establishes the self-determination of gender identity and expression, such as training and raising awareness among the school community, in addition to identifying a professional responsible for situations of gender dysphoria.
The head of state considers that the text “does not sufficiently respect the role of parents, guardians, legal representatives and associations formed by them, nor does it clarify the different situations depending on age”.
The President of the Republic returns this diploma so that the future Assembly of the Republic “may consider introducing more realism in a matter in which there is little point in affirming principles that clash, due to their abstract geometrism, with people, families, schools instead of winning them over to the their cause, in a school that today has an increasingly multicultural nature in Portugal”.
Representative Isabel Moreira emphasizes that “there was already a regulatory decree in force and the implementation of which was going very well”. “Simply, the Constitutional Court considered [que esse decreto] it was organically unconstitutional and had to be in the form of law.” That’s what was done, “and still the decree fell.”
By vetoing it, Marcelo Rebelo de Sousa “legitimized the idea that protecting fundamental rights of trans young people could be a threat and gave in once again to an agenda that is currently benefiting not equality and fundamental rights such as freedom and the security of all – which implies protecting minorities – but an ultra-radical right”, points out the deputy. “The President of the Republic adhered, to some degree, to the concerns of the ultra-radical groups who raised questions on this matter.”
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