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Spain Passes Law Allowing Children 16 and Older to Change Their Legally Registered Gender Without Medical Supervision

Legislators in Spain They approved a bill allowing people over the age of 16 to change their legally registered gender without any medical or parental supervision.

The measure, strongly backed by Spain’s left-wing Podemos party, was approved in the lower house of parliament by 188 to 150 on Thursday and means anyone over the age of 16 can change their legally registered gender without seeing a doctor. , which was previously mandatory.

In addition, minors between the ages of 12 and 13 will be able to change their legally registered gender with the authorization of a judge, and those between the ages of 14 and 16 must be accompanied by their parents or legal guardians in order to have their gender changed. gender identity.

Until now, Spaniards identified as transgender needed a diagnosis by multiple doctors of gender dysphoria, which is the psychological condition of not feeling a match between one’s biological sex and gender identity. In some cases, they also needed proof that they had lived for two years as the gender they identified with – or even records showing they had taken hormones.

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A security guard attempts to remove a transgender flag held up by activist Mar Cambrolle in the gallery after the voting session on the transgender rights bill at the Congress of Deputies in Madrid, Spain, Thursday, December 12.  22, 2022.

A security guard attempts to remove a transgender flag held up by activist Mar Cambrolle in the gallery after the voting session on the transgender rights bill at the Congress of Deputies in Madrid, Spain, Thursday, December 12. 22, 2022.
(Photographer: Manaure Quintero/Bloomberg via Getty Images)

The legislation was not only fiercely opposed by conservatives in the Spanish government, but also caused a rift between left-wing factions of the feminist movement in Spain, The BBC reported.

Equality Minister Irene Montero, a member of the Podemos party, said the law “depathologizes” people who identify as transgender.

“Trans women are women,” Montero said.

Meanwhile, some members of the coalition government within Prime Minister Pedro Sánchez’s Socialist Party opposed the move, fearing it would erode women’s rights.

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Demonstrators hold flares during a demonstration against possible amendments to the

Protesters hold flares during a protest against possible amendments to Spain’s ‘trans law’ in Madrid, Spain, Saturday, Dec. 11, 2019. 10, 2022.
(Photographer: Manaure Quintero/Bloomberg via Getty Images)

“When gender is asserted over biological sex, that doesn’t strike me as a step in a progressive direction; it seems like a step back,” said Carmen Calvo, former deputy prime minister Sanchez. “The state must provide answers for transgender people, but gender is neither voluntary nor optional.”

The bill will become law once passed by the Senate, which is a milestone expected by the end of the year.

Also on Thursday, the Scottish Parliament passed a bill to make it easier for people to change their legally recognized gender. The approval makes Scotland the first part of the UK to have approved allowing people to declare their gender on documents without the need for a medical certificate.

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People hold up signs during a joint meeting of the Florida Board of Medicine and Florida Board of Osteopathic Medicine Boards of Trustees coming together to establish new guidelines limiting gender-affirming care in Florida, November 2, 2019 4, 2022.

People hold up signs during a joint meeting of the Florida Board of Medicine and Florida Board of Osteopathic Medicine Boards of Trustees coming together to establish new guidelines limiting gender-affirming care in Florida, November 2, 2019 4, 2022.
(Ricardo Ramirez Buxeda/Orlando Sentinel/Tribune News Service via Getty Images)

The bill was introduced by the Scottish National Party-led government and allows people to transition by self-declaration, removing the need for a medical diagnosis of gender dysphoria.

The new rules require anyone applying for a gender recognition certificate to have lived full-time under their declared identity for three months – six months if they are between 16 and 17 – instead of the previous two-year period. The bill lowered the minimum eligibility age from 18 to 16.

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The revised law also establishes a three-month “cooling-off period”, during which candidates can change their minds. The Scottish Government has not yet decided when in 2023 it wants the new process to come into effect.

Associated Press contributed to this report.

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