Zaragoza City Council He is going to remove the banner with the LGTBI and trans flag from his balcony after the decree of the Contentious-Administrative Court number 3 of the city. This court issued the request this afternoon, which was of a very precautionary nature, so it had to be fulfilled immediately. The poster had been placed this morning with the presence of all the municipal groups except Vox, which did not consider it necessary. Now, municipal sources clarify that the PP and Cs government team does not share the decision but “respects and abides by it.”
Now, the consistory has a period of three days to make allegations for the court to analyze the issue in a precautionary manner. The decree of this Monday of the magistrate, Luis Carlos Martin Osante, responded to an appeal from the Christian Lawyers association, the same group that had already managed to get this same court to prohibit the placement of an LGTBI flag this year. To try to get around this resolution, the city council had decided place a banner instead of a flag, which differs in that the first contains a text (Zaragoza is diversity) and the second does not. But it seems that this has not been enough for the judge.
The poster had been placed early this Monday with the presence of the mayor, Jorge Azcón, representatives of Ciudadanos, PSOE, Podemos and Zaragoza en Común (ZeC) and LGTBI and trans groups. The act was intended to be a protest act in favor of equality and diversity.
The consistory has already appealed to the Superior Court of Justice of Aragon (TSJA) the first sentence that prohibited the placement of the LGTBI flag on the balcony this year, which it issued after estimating a first appeal from Christian Lawyers. The judge then considered that it was “contrary to law” for the rainbow flag to be placed on the balcony of the town hall, understanding that it violates institutional neutrality. In addition to not allowing the placement this year, the ruling annulled the commemorative act in which the flag was hung last year.
Even so, the council had decided to place the banner (not a flag) to show its “solidarity” and once again make it clear that Zaragoza is a “solidarity” city that defends “sexual freedom”, Azcón had pointed out, who has defended the official flags of the city council without limiting other claims, such as LGTBI and trans rights and that the “vast majority, if not all Zaragoza, defend”, highlighted the first mayor However, the poster has only lasted a few hours.
Rains, it pours
Despite the mayor’s arguments, the magistrate, Luis Carlos Martin Osante, has based its decision on another judgment of the Supreme court in which it is said that “the use, even occasionally, of unofficial flags outside buildings is not compatible with the current constitutional and legal framework, and in particular, with the duty of objectivity and neutrality of Public Administrations. and public spaces, even when they do not replace, but rather concur, with the flag of Spain and the others legally or statutory instituted “.
A) Yes, the judge has not considered valid the excuse that, this year, it is a banner and not a flag. “Although the difference is that this year the city council has incorporated a text (Zaragoza is diversity) on the LGBT and Trans flag-banner “, the judge considers that the fact of” adding “a text to a flag” does not make it stop being a flag “.
Before, in the morning, knowing the controversy that preceded the act of placing the banner, the councilor for Equality of the consistory, María Antoñanzas (Citizens), had stated the importance of “the gestures”. “Zaragoza is a committed, friendly and open city that will continue to fight for the rights of all,” he said.
Vox, for its part, has been the only group that has been in charge of breaking the unit. One more year, he has not participated in the event and, in fact, has criticized it. According to his spokesman, Julio Calvo, the Constitution protects the rights of all people equally so, in his opinion, this type of event is not necessary.
The same judge did allow the flag to be hung last year
Luis Carlos Martínez Osante, the same judge who has forced the Zaragoza City Council to remove the LGTBI banner from its balcony, denied last year the same request that the Christian Lawyers association made already then. However, from the Superior Court of Justice of Aragon, in a press release, they explain that the magistrate, this year, “has taken into account that, once the judgment on the merits of the matter has been handed down” by the Supreme Court, “There is a notorious appearance of good law that the placement of unofficial flags is not appropriate.”
The council of the Aragonese capital has already reported that its legal services are already working on a letter of allegations to be able to reinstall the banner.