Three LGBT organizations have met with the Spanish Socialist Workers Party (PSOE), the main party of the governing coalition in Spain, seeking the passage of the “trans law” before the close of the legislature at the end of next year.
The State Federation of Lesbians, Gays, Trans, Bisexuals, Intersexuals, and more (FELTBI+); the Triangle Foundation; and the Chrysallis association, made up of families of minors who have declared themselves transgender, have put pressure on the PSOE due to the division in the socialist ranks on the proposed law.
LGBT organizations fear that the debate between the feminists inside and outside the PSOE — those who deny that any man can define himself as a woman by his own volition and those who think it’s possible — will end up scuttling the law.
There are also members of Podemos, the party of the governing coalition, who oppose the law.
These members point out that they reached an agreement with the government on this law, “so there is no possibility that its going through the legislative process will be delayed or drawn out” as pro-family organizations have requested through a campaign.
Changing one’s sex in the Civil Registry
The Council of Ministers approved June 29 the bill titled “For the Real and Effective Equality of Trans People and for the Guarantee of LGTBI Rights,” known as the “trans law,” promoted by the Ministry of Equality. The council’s approval has allowed the bill to go through the legislative process, which has now begun.
The law provides that one can change one’s name and sex in the Civil Registry by submitting a statement, without providing medical reports, having started cross-sex hormonal treatments, or needing judicial authorization.
In the case of minors, a judge’s approval would be mandatory from the age of 12 and parental permission is required between the ages of 14 and 16. Those over 16 years but not yet 18 are considered to have reached the age of majority — the age when one is considered an adult as recognized by law — so they would be able to make the change upon request.
The General Council of the Judiciary, the governing body of judges, questioned various aspects of the law. On the registry issue, it issued a report that calls for the limit to claim a change of sex in the Civil Registry upon request to be raised to at least 18 years of age.
Thus, the procedure requiring the approval of a judge who has to determine at least level of maturity or the stability of the person’s will in order to proceed with the change of sex in the Civil Registry would be extended until the age of majority, which is 18 in Spain.