Constitutional Court suspends part of Ayuso's trans and LGTBI laws at government's request

The Constitutional Court has accepted the appeals filed by the central executive against two regulations approved last year by the Community of Madrid under the presidency of Isabel Díaz Ayuso: known as trans rights and LGTBI rightsThe court's decision, taken unanimously by the plenary session, also entails the precautionary suspension of the articles appealed by the central executive power, which supposedly invade the “state powers”, since the government understands that it is “clearly regressive regulations that limit the rights of citizens.” ”, according to Minister Ana Redondo.

Last May, the same court already accepted a similar appeal for consideration but presented by the Ombudsmanso without the possibility to apply for this precautionary stay. Now, these articles are suspended as a precaution until the Constitutional Court rules on the merits of the case or until it decides to review the emergency measure.

The Government considers that the contested articles go beyond the regulatory capacities of the Community of Madrid, opening the door to “conversion therapies”, pathologizing trans minors and excluding LGTBI organizations as interested in criminal or criminal prosecution related to this type of discrimination.

The two laws were approved last December in the Madrid Assembly. The last plenary session of 2023 served to bring forward, with the support of Vox, two regulations that were considered regressive with regard to the laws that the Community of Madrid itself, then also governed by the PP, had approved in 2016. The trans law eliminated the concept of gender identity, established that transsexual minors must undergo a pediatric examination before receiving treatment and made it explicit that psychological care or psychiatric evaluation will not be a sign of discrimination.

As regards the trans law, admission to the constitutional process implies the precautionary suspension of up to five sections, including those regulating healthcare for transsexuals and minors, but also those regulating educational care protocols, support in situations of vulnerability and, finally, that which affects the ability of associations to appear in judicial or administrative proceedings. As regards the LGTBI law, an article relating to this last reason is annulled, included in a similar way to the trans law.

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