The LGTBI laws approved in 2016 by the Community of Madrid, then chaired by Cristina Cifuentes (PP), were a real incentive for the group and were called pioneers. Without going any further, the law on gender identity and expression and social equality and non-discrimination. Well, the joy was short-lived. As much as seven years. Because? Because the regional government chaired by the also popular Isabel Díaz Ayuso was in charge of modifying it this Friday. In any case, it will be necessary to see if these introduced reforms contradict the rights consolidated by state LGTBI laws.
The changes proposed by the PP for the Trans law eliminate a dozen articles and headings, in addition to modifying another ten. Changes are addressed that range from the concept of gender identity – which is eliminated – to administrative, health or educational issues.
In effect, the concept of “gender identity” is eliminated to talk about “sexual condition or expression” and the reversal of the burden of proof is erased (which allowed a trans person to argue that they had felt discriminated against without provide evidence, which obliged the defendant to prove that such discrimination had not existed) or the possibility of discrimination being committed “by mistake”, considering that it could violate the presumption of innocence.
The PP defends that these changes seek to guarantee “psychological support in a transparent manner” by “appropriate” professionals and that they eliminate articles of an educational nature in favor of non-discrimination or the recognition of freely expressed gender identity, contemplating the requirement of that a pediatrician perform an examination prior to the transitional treatment of a minor.
Among the group, the elimination of the concept of gender identity is of great concern. “We find it horrifying,” Uge Sangil, president of the State Federation of Lesbians, Gays, Trans and Bisexuals (Felgtbi), explains to La Vanguardia. In particular, they express concern for minors. Sangil wonders what will happen when a trans student shows up dressed in class according to the identity with which she perceives herself.
He understands that the rule will mean “a lack of protection” towards LGTBI children and youth – “they will see themselves singled out again” – and that all this will translate into an “upturn in LGTBIphobia and Transphobia in educational centers.” “It is the first regression in the rights of the LGTBI community promoted in Spain,” she laments.
Certainly, an important part of the modifications promoted by the Ayuso Executive regarding the LGTBI law especially impact the educational field. This concentrates five of the twenty articles repealed from said articles. These are those who develop the comprehensive plan on education and diversity; the one who stops bullying; the one that addresses the inclusion of respect and LGTBI pedagogy in the curricula; and the one that refers to the incorporation of the LGTBI reality in the study plans and the training of teaching staff.
The left-wing parties in the Madrid Assembly harshly criticized this reform, considering it a “real threat” to the rights of the LGTBI community and Más Madrid announced that it will ask the Ombudsman to take it to the Constitutional Court.
Among other niceties – and as Uge Sangil explained to this newspaper – the new articles aim to recover conversion therapies for the transsexual group, something that contradicts the state norm, hence there may be movements from the central government. What do these therapies consist of? In the practice of programs and methods aimed at modifying people’s sexual orientation or identity or gender expression.
Dozens of citizens gathered this Friday in front of the Madrid Assembly to show their rejection of the modification of the LGTBI and Trans autonomous laws and the “inequality” budgets for 2024 of the Díaz Ayuso Government. Neighborhood and social groups joined the rally, called by CC.OO. In the same way as the Felgtbi, from CC.OO. Madrid warn that Ayuso’s modifications will affect “a greater uptick in LGTBIphobia and Transphobia” in schools and will leave educational personnel in a situation of “insecurity and uncertainty.”