Battle horse of the radical left party Podemos, ally of the socialists in the government of Pedro Sanchez, a bill on gender change must be voted on Thursday at first reading by Spanish deputies. This text must allow a transgender person, from the age of 16, 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.
If, as expected, it is definitively adopted by the Senate in the coming weeks, this bill will allow Spain to join the few countries in the world authorizing gender self-determination, via a simple administrative declaration. In Europe, Denmark was the first country to grant this right to transgender people in 2014. But the text has generated months of tension within the ruling left and the feminist movement.
gender versus biological sex
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 in vain. It also deeply divided the feminist movement, between supporters of Irene Montero and historical activists, in open war against this text.
“To claim gender as being above biological sex (…) seems to me to be a setback” for women, denounced the former number two in the Sanchez government, Carmen Calvo, in an interview published by the daily. El Mundo in September. “The state must give a response to transgender people, but (biological) sex is neither voluntary nor optional,” she added, highlighting the legal risks induced by this law. These historical feminists fear in particular that males who identify themselves as women may participate in female sports competitions or be incarcerated in women’s prisons, for example.
A procedure accompanied from 12 to 16 years old
“This law repairs a historic debt of the State with regard to transgender people” and ““depathologizes” (their) lives”, declared Wednesday, before the deputies, the Minister for Equality, Irene Montero, door- standard of this law. “Trans women are women,” insisted this Podemos official, denouncing “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. 12-14 year olds will have to get the green light from the courts.
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. Echoing the fears of feminists, the Socialists tabled an amendment to extend the obligation of a green light from justice to 14-16 year olds. But it was ultimately rejected. Accepting its defeat, the formation of Pedro Sanchez assured that it would vote for the text as it stands.