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Spanish Constitutional Court Delays Ruling on Ley Trans Amid Internal Divisions

Progressive magistrates' dissent forces withdrawal of draft ruling that largely upheld the 2023 law, prolonging uncertainty over its constitutional review.

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Pancarta en el Ayuntamiento de València por la ley trans en 2023.
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Pleno del Tribunal Constitucional

Overview

  • Magistrate Juan Carlos Campo's draft ruling broadly validated the Ley Trans but proposed targeted constitutional adjustments, including limits on medical interventions for intersex minors under 12.
  • The draft also flagged sections of article 79 on anti-discrimination sanctions as potentially conflicting with freedoms of expression and artistic creation.
  • Progressive magistrates within the Constitutional Court requested the draft's withdrawal, citing internal disagreements over aspects of the ruling.
  • The Court has postponed debate and voting on the Ley Trans appeal, with further plenary sessions required to address the divisions.
  • The Popular Party's appeal challenges key provisions of the law, including gender self-identification in the civil registry and medical autonomy for minors.