GENDER SELF-DETERMINATION TO BE GRANTED IN SPAIN AND SCOTLAND
Lawmakers in both nations OK bills to ease legal changes
Spain’s lower house of Parliament on Thursday passed a law that allows people over 16 years of age to change their legally registered gender without any medical supervision.
Under the Spanish law, drawn up by the center-left coalition government, minors ages 12 and 13 will need a judge’s authorization to make the change, while those between 14 and 16 will have to be accompanied by their parents or legal guardians.
Up to now, Spanish transgender people needed a diagnosis by several doctors of gender dysphoria, which is the psychological condition of not feeling a match between one’s biological sex and gender identity. In some cases, they also needed proof they had been living for two years as the gender they identified with — or even records showing they had taken hormones.
Transgender rights groups say the law represents a “before and after” in LGBTQ rights. But some activists regard gender selfdetermination as a threat that blurs the concept of biological sex.
The bill sponsored by the far-left Unidas Podemos, or United We Can party, the junior partner in the coalition government, will become law once it is passed by the Senate, a step expected by the end of the year.
Also Thursday, the Scottish Parliament passed a bill to make it easier for people to change their legally recognized gender. The approval makes Scotland the first part of the U.K. to have endorsed allowing people to declare their gender on
documents without the need for medical certification.
The bill was introduced by the Scottish National Party-led government and allows people to transition by self-declaration, removing the need for a medical diagnosis
of gender dysphoria.
The new rules require anyone applying for a Gender Recognition Certificate to have lived full-time in their declared identity for three months — six months if they are ages 16-17 — as opposed
to the previous period of two years. The bill lowered the minimum eligibility age from 18 to 16.
The revised law also establishes a three-month “reflection period,” during which applicants can change their minds. The
Scottish government has not yet decided when in 2023 it wants the new process to take effect.
The government had argued the updates would improve the lives of transgender people by allowing them to get official documents that correspond with their gender identities.
Opponents, including “Harry Potter” author J.K. Rowling, claimed the simplified procedure could give predatory men access to spaces intended for women, such as shelters for domestic abuse survivors.
Attention will now turn to how the British government reacts. U.K. Equalities Minister Kemi Badenoch has voiced concerns about legal divergences between Scotland and the other constituent parts of the U.K.
More than a dozen other countries have already adopted similar legislation.