Spain’s gender identity legislation sparks a conflict between safeguarding children’s well-being and empowering parental authority.
At a Glance
- Spain’s controversial “Trans Law,” passed in 2023, allows minors as young as 12 to petition to change their legal gender.
- The law allows individuals 16 and older to change their legal gender with a simple declaration, with no medical or psychological report required.
- The law has been fiercely opposed by some feminist groups, who argue it undermines women’s rights by “erasing” biological sex.
- Critics also warn that the law’s ban on “conversion therapy” could be used to punish parents who urge caution or seek psychological assessment for a gender-questioning child.
Unprecedented Autonomy for Minors
Spain’s landmark “Trans Law,” passed in 2023, grants minors an unprecedented level of autonomy over their legal gender identity. The law allows teens aged 16 and over to change their name and legal gender on their ID documents with a simple declaration, without any need for a medical diagnosis of gender dysphoria or a doctor’s report.
What difference does #Spain's new law on #transgender equality & #LGBTQ rights make for those directly concerned? Hear from Ezekiel and others in our latest Witness report with @DavideraffaeleL @euronews https://t.co/cbAz7kBIaM
— Valérie Gauriat (@valgauriat) April 8, 2023
For minors aged 14 and 15, the change can be made with parental consent. For those aged 12 and 13, it requires judicial authorization. The law was celebrated by the country’s former Equality Minister, Irene Montero, who stated, “At last this law ‘de-pathologises’ trans lives and guarantees trans people’s rights,” according to Al Jazeera.
A Feminist Civil War
While the legislation was championed by Spain’s progressive government, it has faced substantial and vocal criticism, most notably from a large segment of the country’s feminist movement. Groups like the “Confluencia Movimiento Feminista” have staged major protests against the law, arguing that prioritizing self-declared gender over biological sex erases the legal category of “woman” and undermines decades of progress on women’s rights.
Their protest signs, bearing the slogan “childhood is not touched,” highlight their concern that the law puts vulnerable, identity-questioning children on a path to irreversible medical decisions without adequate psychological oversight.
Undermining Parental Rights?
Beyond the feminist critique, a central concern is the law’s broad ban on so-called “conversion therapy.” As detailed by critics cited in LifeSiteNews, the law’s language is so expansive that it could be used to punish parents or therapists who recommend a “watchful waiting” approach or a psychological assessment before a child begins a medical gender transition.
“This means that if a minor claims to feel like the opposite sex, their subjective perception must be automatically accepted without any kind of prior psychological assessment,” warns Spanish attorney Paula Fraga. “Any attempt at evaluation or delay… can be considered ‘conversion therapy’ and therefore punishable.” The law has created a deep and bitter divide in Spain, pitting trans rights advocates against a coalition of feminists and conservatives who believe it is a dangerous ideological overreach.
