The Ministry of Equality insists on the idea of bringing the Trans and LGTBI Law to the Council of Ministers, whose drafts were known yesterday, in the first half of February. And maintain, despite what the PSOE proposes, the two separate laws, which is what the coalition government agreement includes. This has been reported by sources from the department led by Irene Montero this Wednesday, who have appealed “to the parliamentary consensus” that occurred in 2019 to defend their proposal regarding the gender self-determination of trans people. A content that generates discrepancies with the socialists, that have been unmarked from the draft, appealing that “it is not a government text” and that they already cooled down last week the deadline proposed by Irene Montero and they do not close any date.
The PSOE stands out from the draft of the Trans Law that prepares Equality: “It is not a government text”
Asked if the proposal to approve the projects within two weeks is realistic, the same sources have assured that “there are much more complex negotiations that have been resolved before, we are talking about a few days, but there are plenty of them” and they trust “to arrive to an agreement “with his government partner, and specifically with the first vice presidency of the Executive, Carmen Calvo.
From the Ministry of Equality they frame the reluctance of their partner, who prefer to qualify as “nuances”, in “the usual framework that occurs in any negotiation of any text” and they appeal “to continue negotiating with the vice presidency and the rest of the ministries.” “We will have debates, we will have to contribute considerations that from anywhere they want to make us,” add the same sources, who refuse to detail what points are currently being negotiated and appeal to “caution” in the negotiations, still open. The PSOE, for its part, refers to the fact that the texts must have “legal guarantees”, but fails to specify an alternative.
With regard to the observations that Moncloa has made that the draft does not respond to the entire Executive, but to the position of United We Can, the sources respond that they do not have “evidence that the Ministry of Equality is not part of the Government”, and They add that the norm “still has a lot of work ahead of it”, even once it is approved in the first round in the Council of Ministers.
Self-determination is “a central issue”
What Equality does emphasize is that the self-determination of gender identity, that is, that a person can modify their legal sex without the need for medical or psychological tests, is one of “the central issues that must appear” in the project , in part, he reasons, because “they are endorsed by the consensus of Parliament.” The Equality proposal, as trans people have been claiming for years and in line with what several communities already legislate within the scope of their powers, is that only the “express declaration” is needed, contrary to the criteria “pathologizing “, denounces the group, which is currently required: to have a psychological report that diagnoses” gender dysphoria “and to have been on hormonal therapy for at least two years.
This change is almost literally translated from the presentation that was about to be approved in Congress two years ago, at the request of an initiative to reform the law presented by the PSOE. A “mandate”, explain sources of Equality, “to which we owe the entire Government.” Asked about this change, the then spokesperson for Equality of the Socialist Group in Congress, Ángeles Álvarez, has admitted that the PSOE “fell off the horse in 2017 when it became aware of the practical consequences of legislating self-determination.” The initiative, however, had the support of the Socialists at least until 2019, which was when the ruling on the reform only had one last step left that did not have time to complete.