June 20, 2021

The debate on the trans law in Congress will show the discrepancies of the PSOE with its partners


The trans law arrives this Tuesday at Congress. But not as a project of the coalition government, as it appears in the agreement signed by PSOE and United We Can, but as a proposal from six parliamentary groups allied to the Executive (ERC, Compromís, Más País / Equo, CUP, Nueva Canarias and Junts) , who have registered a text that part of the social groups before the opposition within the Government by the PSOE to the law of the Ministry of Equality of Irene Montero. The proposal of free gender self-determination, despite being identical to one promoted by the Socialists in 2017, now clashes with the position of Pedro Sánchez’s party, which wants to introduce some element for the legal change of sex, like a witness statement, for example. That is what has been negotiated within the Government for months without any progress. Neither does the admission for processing of the initiative that is being debated this Tuesday be prosperous, given that the PSOE will abstain in the vote.


The PSOE proposes that trans people provide documentation that "credit" her sex change

The PSOE proposes that trans people provide documentation that “proves” their sex change

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Given the blockade of the law within the Executive, which has been accumulating for six months, several groups decided to promote the initiative of trans groups. That move forces the PSOE to position itself: it will do so with a blank vote against the yes of the groups that have promoted the initiative, in addition to United We Can, PNV and EH Bildu. Congress will foreseeably reject the proposal by failing to obtain the Yes it is necessary and foreseeably counting on the rejection of PP and Vox, which add up to 140 seats. Everything indicates that the PP will vote not this Tuesday since Casado has always considered that a trans law like the one that the Government is working on, or the proposal of its parliamentary allies, “it is not necessary” because it deals with something “that nobody has asked for.” In his opinion, care for transsexual people is “perfectly covered by health and social care,” he reports. Íñigo Aduriz.

The groups that helped to approve the Public Accounts of 2021 will endorse the text, including two that did not put their signature on the bill, the PNV and EH Bildu, which endorses the free self-determination of gender against the socialists who insist on the need that the norm has “legal guarantees”.

United We can also vote in favor. There was little doubt, but the Minister of Equality, Irene Montero, confirmed it this Monday after visiting the Valencia Women’s Attention Center together with the vice president of the Generalitat, Mónica Oltra. “The law that tomorrow [por el martes] is debated in Congress It is the law of the Ministry of Equality with some improvements. You can imagine what the sense of our group’s vote is, “Montero told reporters.

The Minister of Equality also sent a message “to trans people.” “We are aware that we have a historical debt and we have to work to guarantee their rights. One way or another. We will use all legislative tools so that their rights are law in this legislature,” Montero concluded.

The debate of admission to process will thus show the great discrepancies of the PSOE not only with United We Can, but also with the rest of the allies of the investiture and the Budgets. Irene Montero will speak this Tuesday during the debate on taking into consideration to fix the Government’s position, something that is not especially common in bills (initiatives that originate in groups) and yes in bills. (Those that come out of the Government itself). Last March, the head of Health, Carolina Darias, intervened in a debate on the euthanasia law, although not at the beginning of the process, but in the vote that definitely passed the standard.

Negotiation in the Government continues

The admission for processing of this initiative would not have meant the end of the negotiations in the Government. The two parties that compose it ensure that the parliamentary and executive tracks can be maintained in parallel. In the event that there is an agreement, the two could be brought together in Congress.

“The Government is working, as is known, in the commitment of legislation for LGTBI groups and I believe that we will have it relatively soon, within the framework of our constitutional system, obviously, in a country like ours that has particularly evolved in these matters. We have always been, and we have always been in the hands of governments – in previous moments socialist governments and now of a coalition government – reformists like ours and we will be up to par within the framework of our Constitution “, assured the last Wednesday Carmen Calvo during an appearance by the Constitutional Commission. “It seems to me that there is a proposal from other groups on the matter in the Chamber, and I think it is fine, because if there is movement in the Chamber and from the Government, we may also end up making a law that allows LGTBI groups to our country advance and protect, “he added.

Despite the fact that the socialist part of the Government maintains that the legislative package to recognize the rights of LGTBI people will be ready “as soon as possible”, the agreement seems distant. In the PSOE they assume that the two laws -LGTBI and trans- will finally be merged into one that will bring together the set of recognitions and a specific chapter for transsexual people, including the legal change of sex without medical or psychological requirements. In the socialist part of the Government they cling to the fact that the Minister of Equality agreed to promote a single rule.

However, from the department of Montero they assure that it accepted that premise, that of uniting both laws, because the groups requested it and provided that “the right to self-determination of gender identity” is recognized, which is a red line for the associations and that it does include the text that is debated this Tuesday in Congress.

But the PSOE does not accept that free self-determination gender and bet to include some type of requirement, such as the statement of a witness. Therefore, the Ministry of Equality works with both laws on the table and with the intention of taking them forward, either through the government project or through the proposal of the parliamentary groups.

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