Quick Analysis | The hoaxes of the ‘trans law’: as easy as opening the BOE
Last night, during the debate, Santiago Abascal said del law trans “which condemns irreversible mutilation” and “condemns” adolescents “to pharmacological treatment”. Also that “if a man perceives himself as a female gender, and beats his wife, that woman is not protected by the law”.
None of these statements are true. And the question that flew over was why neither Yolanda Díaz nor Pedro Sánchez corrected those lies because, to dismantle them, it is enough to open the Official State Gazette. Know what the law says.
The call law trans exclusively regulates the free self-determination of gender in the registry office, i.e. that a person can change gender and name on the ID only with his own will. And, precisely for this reason, it eliminated the two requirements in force until then: the diagnosis of gender dysphoria – which can no longer be done because transsexuality is not a disease and was established by the WHO in 2018 – and the two years of mandatory hormone therapy. That is to say, he depathologised and demedicalized that sex change in the Registry, exactly the opposite of what Abascal said.
The law, on the other hand, does not speak, at any time, of hormonal processes or surgical interventions, except, in the latter case, forbidding them to minors under 12 when it comes to intersex people. The health field is the responsibility of the autonomies, in which these processes, when requested by trans people, have been taking place for years through the gender units of public hospitals in every community, both right and left.
And as for the hoax on alleged sex changes to avoid convictions for sexist violence, all that remains is to go to article 46.3 of the regulation, written specifically for these cases: «The rectification of the registry mention relating to the sex and, if necessary, the change of name, will not modify the legal regime which, before the registration of the registry change, was applicable to the person for the purposes of the Organic Law 1/2004, of 28 December, of Integrated Measures for the Protection against Vi smell of Genre».
Everything is in the BOE.