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Spanish Constitutional Court Halts Deliberations on Ley Trans Appeal

Internal divisions among progressive justices over key provisions of the transgender rights law have postponed a plenary vote on the draft opinion.

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

  • The Constitutional Court has paused discussions on the Popular Party's appeal against the 2023 Ley Trans due to disagreements within the progressive bloc of justices.
  • Magistrate Juan Carlos Campo's draft opinion largely upholds the law but proposes striking down two administrative sanctions and restricting medical interventions for intersex minors under 12.
  • Progressive justices Inmaculada Montalbán and María Luisa Balaguer have expressed concerns, prompting the court to withdraw the draft for revisions and further dialogue.
  • The appeal challenges the law's provisions on gender self-identification, claiming they undermine legal certainty, women's equality, and minors' rights.
  • The court's final decision will have significant implications for transgender rights, legal definitions of gender, and the balance between individual autonomy and public interest in Spain.