The LGTBI laws approved in 2016 by the Community of Madrid, then chaired by Cristina Cifuentes (PP), were a great stimulus for the group and were described as pioneering. Without going any further, the law of identity and expression of gender and social equality and non-discrimination. Well, the joy didn't last long. As much as seven years. Because? Because the regional government presided over by the also popular Isabel Díaz Ayuso took it upon herself yesterday to modify it. In any case, it will be necessary to see if these introduced reforms come into contradiction with rights consolidated by state LGTBI laws.
The changes proposed by the PP to the trans law delete a dozen articles and headings, in addition to modifying another ten. Changes ranging from the concept of gender identity – which is being eliminated – to administrative, health or educational issues are addressed.
In effect, the concept of "gender identity" is deleted in favor of "sexual condition or expression" and the reversal of the burden of proof (which allowed a trans person to argue that he had feeling discriminated against without providing 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 want to guarantee "psychological support in a transparent way" 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, considering the requirement have a pediatrician perform an examination prior to the transition treatment of a minor.
Among the group, the elimination of the concept of gender identity is of particular concern. "It seems horrible to us," explains Uge Sangil, president of the State Federation of Lesbians, Gays, Trans and Bisexuals (Felgtbi), to La Vanguardia. In particular, they show concern for minors. Sangil wonders what will happen when a trans student shows up to class dressed according to their perceived identity.
He understands that the rule will mean "a lack of protection" for LGBTI childhood and youth - "they will be singled out again" - and that all this will translate into a "resurgence of LGTBIphobia and transphobia in educational centers". "It is the first regression in the rights of the LGTBI group promoted in Spain", he regrets.
Certainly, an important part of the modifications promoted by the Ayuso Executive regarding the LGTBI law have a particular impact on the educational field. This concentrates five of the twenty repealed articles of the aforementioned article. These are those who develop the comprehensive plan on education and diversity; what stops bullying; the one that addresses the inclusion of LGTBI respect and pedagogy in curricula, and the one that refers to the incorporation of the LGTBI reality into study plans and the training of teaching staff.
The left-wing parties in the Madrid Assembly harshly criticized this reform, as they consider it a "real threat" to the rights of the LGTBI group and More Madrid announced that it will request the Ombudsman to bring it to the Constitutional Court.
As Uge Sangil explained to this newspaper, the new article aims to recover conversion therapies for the transsexual group, something that contradicts the state norm, which is why there may be moves from the central government.
What do these therapies consist of? To the practice of methods intended to modify people's orientation or sexual identity or gender expression.
Dozens of citizens gathered yesterday in front of the Madrid Assembly to show their rejection of the amendment of these laws and the "inequality" budgets. Neighborhood and social groups joined the rally, called by CC.OO. Like Felgtbi, from CC.OO. Madrid warn that these changes will affect "an upsurge in LGTBIphobia and transphobia" in schools and will leave educational staff in a situation of "insecurity and uncertainty".
