In this episode of Gender Lupa, I speak to Amparo Domingo about the Spanish self-ID law known as the Ley Trans. We discuss what self-ID means and the consequences of the law for human rights, especially women’s rights, in Spain.
Since 2023, Spain has had full self-ID in law. This means anyone over the age of 16 can change their legal sex by declaration (and there are provisions for children from the age of 12 to do the same, with some conditions). This law doesn’t apply only to trans people, however they are defined, it applies to everyone. There’s no need for a diagnosis of gender dysphoria, or any change in physical presentation or name. There are no requirements or restrictions at all, because that’s what self-ID means.
As we discuss in the episode, men who are on the register for convicted perpetrators of intimate partner violence (similar to the UK sex offenders register) can and do change their legal sex. People who don’t otherwise have legal capacity to act on their own behalf (due to disability or impairment for example) can do it too. Even manosphere YouTubers who openly admit they’re doing it just to show how ridiculous the law is can do it.
Amparo explains how it’s impossible to demonstrate any fraudulent use of the law when legal sex is determined by a subjective declaration without any objective criteria.
In the episode, we cover how the law was rushed through parliament on the fast-track route with dubious justification, and other ways in which the government sought to minimise time for public scrutiny or consultation with affected groups. We also talk about some of the consequences we’ve seen for women’s rights in the two years since the law came into force, especially in the area of violence against women.
Guest info:
Amparo Domingo is the Women’s Declaration International country contact for Spain.
Women’s Declaration International (WDI)
At the beginning of the episode we briefly discuss the Women’s Declaration International. Sign the Declaration on Women's Sex-Based Rights here
Here’s a great talk Amparo gave recently at Plataforma de Acción Feminista de Almería about the Ley Trans which covers many of the points we discuss in this episode (but in Spanish)
Amparo’s original blog Abolición de la realidad which she started when first looking into gender identity ideology in Spain. It contains many useful cases and examples (in Spanish).
Twitter / X: @WDI_Es / @Amparo__Domingo
Resources & Links:
The official link to the Spanish Ley Trans, otherwise known as: Ley 4/2023, de 28 de febrero, para la igualdad real y efectiva de las personas trans y para la garantía de los derechos de las personas LGTBI. At the link you can download a PDF of the full text of the law. This is Spain’s national self-ID law, which we discuss in the episode.
The UK Cass Review of Gender Identity Services for Children and Young People. Mentioned in the episode in the context of social transition of pre-pubescent children (in Spain, children under 12 can change their legal name in order to facilitate social transition. See especially the FAQs about social transition, which clarify “there are studies demonstrating that for a majority of young children presenting with gender incongruence, this resolves through puberty” and “it is possible that social transition in childhood may change the trajectory of gender identity development for children with early gender incongruence. Living in stealth from early childhood may also lead to stress, particularly as puberty approaches.”
In Spain, draft laws are reviewed by the Consejo General del Poder Judicial (CGPJ) which is Spain’s judicial regulator. The CGPJ issues a non-binding report as part of the procedure for approving laws. Four (out of 20) members of the CGPJ gave dissenting opinions as part of the review process of the draft law, pointing out potential problems with it, specifically how it related to the principle of equality between men and women and other problems with its constitutionality. However the problems raised did not result in any alteration of the text of the draft law.
The Ley Trans was passed via the emergency fast track route “por vias urgentes” which limited time for scrutiny and objections. Amparo explains in the episode why the reasons given for the urgency were not justified, and mentions that the Deputy Minister for Equality at the time, Ángela Rodríguez, admitted that they wanted to ensure it was passed before the end of the legislative session and elections. See this El Mundo article for more details.
A man convicted of domestic violence, Cándido del Cerro, changed his legal sex to female with the result that his former partner is not eligible for protections to victims under Spain’s 2004 Gender Violence law (because the violence is considered to be between two women).
Men who are on the official register of domestic violence perpetrators have been able to change their legal sex to female and in some cases seek access to the shelters where their victims are housed, according to this article in El Mundo. The Minister of Social Affairs in the Autonomous Community of Madrid, Ana Dávila-Ponce de León, has written to the Spanish Minister of Equality, Ana Redondo, to express her concern at this problem.
The documentary made by Spanish manosphere YouTuber Inocente Duke which documents how he changed his legal sex (this is where you’ll find the full story of what happened when he tried to use the women’s sauna in the gym, which we discussed in the episode).
Asociación Trans No Normativos - TNN - An association which provides advice to those wishing to change their legal sex on the national registry without undergoing any medical or social transition. Mentioned in the episode in the context of men in traditionally male-dominated professions, especially the military, who believe the law treats men less favourably than women, and who seek to remedy this by changing their legal sex under the Ley Trans. Such men have been accused of fraudulent use of the Ley Trans, however since anyone can change their legal sex with no requirements, it appears that there is nothing illegal about what they are doing.
Get in touch:
Email: genderlupa@gmail.com
Follow on Twitter/X: @genderlupa
Support the Podcast:
Enjoying the podcast? The best way to support it is to subscribe on Substack, review it wherever you listen, and tell your friends.
