A bill allowing people to freely change gender from the age of 16 was adopted at first reading by Spanish deputies on Thursday, December 22, after months of tension within the ruling left and the feminist movement. Battle horse of the radical left party Podemos, an ally of the socialists in the government of Pedro Sanchez, this text was supported by 188 deputies, while 150 voted against and 7 abstained.
If, as expected, it is definitively adopted by the Senate in the coming weeks, it will allow Spain to join the few countries authorizing gender self-determination by a simple administrative declaration. In Europe, Denmark was the first country, in 2014, to grant this right to transgender people.
Concretely, this text must allow transgender people to have their name and gender changed on their identity papers during a simple appointment with the administration. And this, without providing medical reports or proof of hormonal treatment followed for two years, as is the case today for adults in the country.
Fracture within the left
“This law repairs a historic debt of the State with regard to transgender people” and the “”depathologizes””declared Wednesday, before the deputies, the Minister for Equality, Irene Montero, standard-bearer of this law. “Trans women are women”insisted this Podemos official, denouncing the “transphobia”.
Called “trans law”, this text will also allow 14-16 year olds to freely change gender in the civil status, provided that they are accompanied in the procedure by their legal guardians. The 12-14 year olds will have to obtain the approval of justice. Currently, all minors must obtain this judicial authorization. In all cases, a period of three months is provided between the filing of the application and its validation by the applicant so that he can confirm his decision to change gender.
Adopted by the Council of Ministers more than a year ago, this bill caused a split between Podemos, which made it a pillar of its government action and demanded express adoption, and the Socialists, who tried to modify the text, to no avail. It has also deeply divided the feminist movement, between the supporters of Mme Montero and historical activists, in open war against this text.
“claiming gender as above biological sex (…) Seems like a step back to me.” for women, denounced the former number two of the Sanchez government, Carmen Calvo, in an interview published by the daily The world in September. “The state must give a response to transgender people, but sex [biologique] is neither voluntary nor optional”she added, highlighting the legal risks induced by this law.
Ban on conversion therapy
These historical feminists are particularly concerned that males who identify as women may participate in women’s sports competitions or be incarcerated in women’s prisons. Echoing these fears, the Socialists tabled an amendment to extend the requirement for legal authorization to 14-16 year olds, but it was ultimately rejected.
This law “symbolizes the biggest legislative defeat of the Socialist Party against Podemos” since the formation of the executive in early 2020, wrote the conservative daily The world wheras’The country (center left) evokes “one of the texts that created the most tension within the coalition government”. LGBT+ activist and first transgender woman to be elected to a regional parliament in Spain, Carla Antonelli slammed the door of the Socialist Party in October to protest against her party’s desire to modify the bill.
“We have seen part of the Socialist Party and the feminist movement move from defending the rights of the trans minority to a relentless boycott of our existence”she accused, Thursday, in a column published by The country. Among other provisions, the bill also prohibits conversion therapy, aimed at changing the sexual orientation of LGBT+ people, with fines of up to 150,000 euros.