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What it is

Proposed law for equality and protection of LGBTI people

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 20 November 2020. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Organic Private member's bill on the social equality of lesbian, gay, bisexual, transgender, trans, and intersex people, the protection of trans reality, and non-discrimination on the grounds of sexual orientation, gender identity or expression, or sexual characteristics.

Source: Congreso de los Diputados, file 122/000104· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would guarantee equal treatment and non-discrimination based on sexual orientation, gender identity or expression, or sex characteristics. It would apply to all people and entities, public and private, regardless of nationality or residence.
  2. It would ban so-called conversion therapies meant to change sexual orientation or gender identity, as well as genital surgeries on intersex people that are not decided by the person affected.
  3. It would recognize the right to freely define and express one's felt gender, the right to privacy, and the right not to be treated as ill for being trans or intersex. No one would have to undergo surgeries, hormone treatments, or psychiatric tests to claim these rights.
  4. It would allow changing the sex listed in the Civil Registry with a simple declaration of will, with no medical or psychological requirements. Minors aged 12 to 16 could apply on their own with parental consent, and those under 12 through their parents or guardian.
  5. In schools, students and staff could freely express their gender identity and use their chosen name in school records. There would also be protocols against bullying based on these grounds.
  6. It sets out a sanction system: minor offenses would carry fines of 200 to 3,000 euros, serious ones 3,001 to 20,000 euros, and very serious ones 20,001 to 45,000 euros. Firing someone for their sexual orientation or gender identity would be a very serious offense.
  7. Victims of violence in same-sex couples (intragender violence) and of hate crimes based on LGBTIphobia would have the right to protection, assistance, and free legal aid without having to prove a lack of resources.
  8. It would create a National Strategy for LGBTI equality and another to eradicate LGBTIphobia, plus a State LGBTI Council and a State Observatory against LGBTIphobia, both attached to the Ministry of Equality.

Who it affects

  • Transgender and intersex people: Could change their registered sex without medical or psychological requirements, including minors under certain conditions.
  • LGBTI people in general: Would have recognized rights to equal treatment, protection from discrimination, and access to services without discrimination.
  • Companies, schools, and public and private entities: Would have to avoid discrimination, train their staff, and could face fines of up to 45,000 euros.
  • Victims of hate crimes or violence in same-sex couples: Would have the right to protection, comprehensive assistance, and free legal aid.

Words worth knowing

Proposición de ley
A bill introduced by a parliamentary group to become a law. While it is being processed, it is not an approved law and cannot be enforced.
Ley Orgánica
Organic law: a type of Spanish law reserved for major matters, such as fundamental rights. It needs more votes to pass than a regular law.
Registro Civil
Civil Registry: the public office where official personal records, such as birth, name, and sex, are kept.
Intersexual
Intersex: a person whose sex characteristics (anatomy, organs, or chromosomes) do not fit the usual social concept of man or woman.
Violencia intragénero
Intragender violence: violence between members of a same-sex couple.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced20 November 2020Someone registers the text in the Congreso.
  2. Admitted30 November 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 20 November 2020: Presentación22. 30 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 30/11/2020 hasta 04/12/202033. 30 November 2020: Calificación44. 4 December 2020: Gobierno Contestación desde 04/12/2020 hasta 15/02/202155. 15 February 2021: Pleno Toma en consideración desde 15/02/2021 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

The same initiative in the other chamber:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.