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What it is

Bill to legally recognize the gender identity of trans people

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 17 March 2021. Introduced by: Grupo Parlamentario Republicano Grupo Parlamentario Plural.

Official title: Private member's bill for the real and effective equality of trans people.

Source: Congreso de los Diputados, file 122/000133· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would recognize the right to freely declared gender identity, with no medical or psychological diagnosis required, and would regulate changing the sex entry in the Civil Registry through a simple declaration by the person concerned.
  2. It would let people over 16 apply for the change themselves; those aged 12 to 16 could apply themselves with their consent or through their legal representatives; and representatives of children under 12 could apply with the child's express agreement.
  3. The sex entry on official documents could be man, woman, non-binary or left blank at the person's request, and the procedures to update documents would be free of charge.
  4. It would add specific health care for trans people to the public health system's common benefits catalog, ban conversion therapies, and guarantee hormone treatments, surgery and preservation of gonadal tissue and reproductive cells.
  5. It would add education, employment and sports measures: respect for trans students' chosen name and identity, a quota of public job openings for trans people, bonuses for hiring them, and sports participation according to registered sex, with no sex verification tests.
  6. It would repeal Law 3/2007 and apply the new rules to applications already in process, plus create a subsidy for trans people over 65 without enough income.

Who it affects

  • Spanish nationals who are trans and over 16: Could change their sex and name in the Civil Registry by simple declaration, with no medical reports.
  • Trans minors: Could be treated according to their gender identity in education and health care, and request the change depending on their age.
  • Foreign and stateless trans people in Spain: Could have their Spanish documents updated to match their gender identity, regardless of their administrative status.
  • Companies and public administrations: Would get incentives and obligations to hire trans people and respect their rights.
  • Trans people in detention or custody centers: Could request treatment according to their gender identity to protect their physical and moral integrity.

Words worth knowing

Rectificación registral (registry correction)
Changing the sex and name data recorded in the Civil Registry, Spain's official record of civil status.
Disforia de género (gender dysphoria)
Distress caused by the mismatch between the sex assigned at birth and the felt gender identity.
Medidas de acción positiva (positive action measures)
Temporary favorable treatment to compensate for discrimination suffered by a group.
Apátrida (stateless person)
A person who holds no nationality from any country.
Terapias de conversión (conversion therapies)
Practices that try to change or suppress a person's gender identity; the bill would ban them.

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 rejected.

  1. Introduced17 March 2021Someone registers the text in the Congreso.
  2. Admitted23 March 2021The 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
Mar 2021Apr 202111. 17 March 2021: Presentación22. 23 March 2021: Boletín Oficial de las Cortes Generales Publicación desde 23/03/2021 hasta 26/03/202133. 23 March 2021: Calificación44. 26 March 2021: Gobierno Contestación desde 26/03/2021 hasta 07/05/202155. 7 May 2021: Pleno Toma en consideración desde 07/05/2021 hasta 18/05/202166. 18 May 2021: Concluido - (Rechazado) desde 18/05/2021 hasta 24/05/2021

18 May 2021

How did the plenary vote?

More votes against 78 yes · 143 no · 120 abst.

Voted on: Private member's bill by the Republican and Plural Parliamentary Groups, for the real and effective equality of trans people.

Source: Congreso de los Diputados, vote 1 of sitting 98· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Vasco (EAJ-PNV), Ciudadanos, Gcup-ec-gc and GPlu. Against, most of Mixto, Popular en el Congreso and VOX. 3 deputies voted differently from their group.

By province: in 7 most voted in favour; in 21, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 7
  • Against: 21
  • Abstained: 4
  • Tie: 20
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
11 in favour · 2 did not vote
Socialista120
120 abst.
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto10
3 in favour · 4 against · 3 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc35
34 in favour · 1 did not vote
GPlu12
11 in favour · 1 did not vote
Popular en el Congreso88
87 against · 1 did not vote
VOX52
52 against

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

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.