Spain’s Constitutional Court is set to consider a legal challenge presented by the far-right Vox party against a law extending rights for transgender teenagers and promoting tolerance for sexual diversity in schools. The law, which was passed in February, allows Spanish citizens over 16 years old to change their legally registered gender without medical supervision. Minors aged 12-13 still require a judge’s authorization, while those between 14 and 16 must be accompanied by their parents or legal guardians. Previously, transgender people needed a diagnosis by several doctors of gender dysphoria.
Legal Challenge and Alleged Violations
The Constitutional Court confirmed that it had considered a legal brief lodged by Vox lawmakers and would analyze alleged violations of parental rights, the right to religious expression, freedom of speech, and equality of all citizens before the law. Vox claims that the legislation, promoted by the far-left United We Can party within Spain’s governing coalition, introduces “state interference in areas that should remain strictly personal.” The party argues that a parent’s right to oversee the religious education of their children, guaranteed in the Spanish constitution, is violated by the introduction of material in schools aimed at teaching children to respect and tolerate sexual diversity.
Concerns Over Gender Self-Identification and Intersex Children
Vox also criticizes the introduction of gender self-identification, asserting that it endangers women’s rights. The party cites a case of a convicted rapist being held in a women’s prison in Scotland while transitioning, who was later transferred to a men’s prison after being assessed by prison authorities. Furthermore, Vox opposes a clause allowing intersex children aged between 12 and 16 to request surgery if they are considered mature and informed enough to do so.
The party has been known to stoke culture wars in Spain by resisting any criticism of Spain’s 20th-century dictatorship, denying that domestic violence is a problem, and linking unauthorized migration with increased violence. Vox has pushed a so-called “parental pin” policy in regions where it is influential, allowing parents to opt their children out of classes that they consider against their principles.
Upcoming Elections and International Context
Vox hopes to make a strong showing in the May 28 local elections and in Spain’s general election at the end of the year. If Vox performs well in the December vote, it would try to force the center-right Popular Party into a national coalition. Meanwhile, the German government announced that it was also planning to introduce a law allowing people to change gender without medical involvement, as several European governments reassess legislation affecting transgender rights. Vox’s legal challenge comes as Republican-controlled US states issue a raft of restrictions on LGBT students in the name of parental rights or protecting other students.
