The PP of Isabel Díaz Ayuso registered this Friday in the Madrid Assembly the reforms of the trans and LGTBI laws of the Community of Madrid that the Government and the Ombudsman appealed to the Constitutional Court for violation of the rights of the group recognized in state regulations. .
The new text of the norm on trans people, which Ayuso’s party asks to be processed in a single reading and, therefore, without providing for a period of amendments to receive corrections from the groups, eliminates the “requirement” of have medical reports so that minors can benefit from hormonal treatments, one of the issues that prompted the aforementioned resources and which caused the rejection of LGTBI groups. By having an absolute majority, the PP will not need the support of other groups to carry out these changes.
In the current norm, the most delicate articles of which have been suspended by the Constitutional Court until its final decision, it is established that “to begin pharmacological treatment, it will be necessary that minors” previously “receive the support of mental children and adolescents”. health professionals, maintained throughout the process and in the event of comorbidity, a favorable report from the professional treating the minor for said pathologies will be essential.
In the modification registered this Friday, this aspect is however nuanced and specifies that “before the start of pharmacological treatment and throughout the process, the minor will benefit from the support of child and adolescent mental health professionals “. Furthermore, he adds, “in the event of illness, a report from the professional treating the minor will be essential”.
The new text also establishes that gender-segregated spaces or facilities must be adapted to “full respect for the needs, rights and privacy” of transsexual people. Concerning the LGTBI law, the Ayuso government modifies the article which affects the ability of associations to appear in judicial or administrative proceedings and which had also been suspended by the Constitutional Court.
In line with the Council of State
With this modification, the Ayuso government is trying to overcome the possible unconstitutionality of the autonomous law which is precisely found in the constitutional law. Indeed, in the explanatory memorandum, he explains that the new text “specifically modifies some of the articles concerned” after “the opinions of the Council of State of March 21, 2024 and in order to make technical adjustments and improvements in the writing the texts. »
In July, the Constitutional Court agreed to deal with the appeals that the Central Executive presented against Madrid’s trans law and against the LGTBI law. The court’s decision, taken unanimously in plenary session, led to the preventive suspension of the articles contested by the government, which are supposed to invade the “powers of the State” and include “clearly regressive rules, which limit the rights of citizens”, according to what he declared. at the time, the Minister of Equality, Ana Redondo. Furthermore, in May, the same court had already accepted a similar appeal, but presented by the Mediator.
The reaction of Más Madrid and the PSOE
“Ayuso is stepping back out of obligation to avoid a legal setback in the face of what we have always considered a secret repeal and attack on the rights of LGTBi and trans people,” said Más Madrid spokesperson Manuela Bergerot. “Thanks to the resources of the Spanish Government and Más Madrid at the request of the Ombudsman, the PP today had to rectify and LGTBI people and in particular trans minors will be a little safer in our region,” he said. he added.
According to him, “attacking these laws was a cowardly and miserable act from the start and we consider this self-amendment to be a small triumph for the LGBTI rights movement.”
Furthermore, the PSOE spokesperson for LGTBI issues in the Assembly, Santi Rivero, highlighted that this is a “triumph” of the government’s resource and urged the PP to “abandon transphobia which he copied from Vox.” “It is a cry and, in the end, time has proven us right: the PP was wrong to discriminate and pathologize trans people again. This amendment is a triumph of truth and the dignity of trans people,” he concluded.
