The approval of an amendment to the PSOE’s political statement so that “no male person” can participate in sports competitions for women has reopened the debate on the rights of trans people and has drawn criticism from Sumar, his government partner, and from Podemos.
Three years ago, at the Federal Congress that the PSOE held in Valencia, The feminist currents against the trans law lost the battle and the Government, then in coalition with Podemos, carried out a norm that opened the door to gender self-determination. Now in Seville, Pedro Sánchez has consummated the trans veto in sport and has reopened a debate that has been going on for years and that gained strength at the last Olympic Games in Paris with the controversy over the boxer Imane Khleiff, who is accused of being a man
A decision that has made Irene Montero herself explode: “A trans woman is a woman. The rest is transphobia, even if the PSOE says so. Trans women are women, whether they have a penis or a vagina and The rights of trans people are Human Rights. “Everything else is neither classic feminism nor left-wing, it is pure transphobia.”
But, what happens now? From the feminist platform “Against the erasure of Women” the Government is reminded that “So that it is not a dead letter, the Trans law, the Sports Law – which came into force in January 2023 – and the 14 regional laws that allow the participation of men self-identified as women in women’s sports competitions must now be modified. Nothing prevents PSOE and PP from reaching an agreement since both have spoken out so that it is sex that organizes the sports categories.”
What does Spanish legislation say?
In 2021, the Government gave the green light to the “Trans Law”, which will allow those over 14 years of age to change their sex with an administrative procedure, without evidence or witnesses, and ends health reports and the need for medical and legal guardianship. . The draft Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people received the approval of the Government, after months of tough negotiations within the coalition government and amid criticism from a sector of the feminist movement that believes that this law represents the “erasure of women.” The standard includes measures in the health, educational and labor spheres, but also in sports. And this is undoubtedly one of the points that has generated the most controversy..
Feminists, Sports Federations, clubs, associations such as “Save Women Sport” and athletes harshly criticized a law that contravenes the international regulations currently in force and puts an end to the principle of Equality that should govern competitions. Chapter V of the law dedicated to protection in the field of sports has generated an intense debate since the draft of this law began to be forged. The Feminist Party showed its categorical rejection of articles such as the one that establishes that “Sexual and/or gender identity controls are prohibited in the sports field.”” considering that it would affect the achievements obtained by women in said competitions.
Article 39 of Chapter IV establishes four points that leave no room for doubt:
1. In sports practices, events and competitions, people who participate will be considered based on their registered sex, without sex verification tests being carried out in any case. Foreign trans people whose identification documents issued by the Spanish authorities have been appropriate to their gender identity, in accordance with the provisions of article 18 of this law, may participate depending on the sex stated on those identification documents.
2. Trans people under 16 years of age, even if they have not rectified the mention of sex, as well as foreign trans people who do not meet the requirements to request rectification of the mention of sex and change of name in their identification documents. , will have the right to participate in sports practices, events and competitions in accordance with their gender identity.
3. In sports facilities segregated by sex, trans people will be guaranteed access to and use of the facilities corresponding to their gender identity.
4. The provisions of this article are understood without prejudice to the timely compliance with the rules governing international competitions.
In short, Irene Montero’s law establishes that athletes will be governed by their own identity and not by biological rules, which according to feminists represents a great disadvantage for women who do not have the same physical conditions as an athlete who identifies herself. as a woman, but her “biological sex” is male.
The document ‘Transsexuality and intersexuality in sport: consequences of the Spanish legal framework in sports practice’ also establishes that “the exclusion of transsexual and intersexual people from access to physical activity, physical education and sport is not admissible. It is not acceptable to exercise any type of discrimination in these areas and even less tolerate any form of violence based on sexual or gender diversity.”
What will happen now?
All these regulations must now be eliminated in compliance with those adopted in the PSOE Congress and will leave trans athletes who were already participating in the category corresponding to their self-determined gender in limbo. For example, last May, the young 18-year-old basketball player born in Albacete, Aura Pacheco, became the first trans woman who will be able to compete with a federation card in Spain after the decision adopted by the Justice Committee Sports of Castilla-La Mancha.
In 2023, the Castilla-La Mancha Basketball Federation rejected Aura’s participation in the women’s basketball category until it had a clear regulation of the playing conditions for trans people. However, the athlete appealed and the committee ruled that she will be able to play basketball with a federation record as a trans woman since “her medical-hormonal situation is comparable to that of any cisgender woman of her age, without there being significant differences that could justify a differentiated treatment in the sports field”.
With the change approved by the PSOE, will your license now be reversed?
On the other hand, the famous “bearded players” of Europa B who generated a controversy in Terrasa will be able to continue playing in the female category based on their biological sex. Álex and Nil, who compete with women despite presenting masculine attributes in their physique. The most striking, the beard. They were born as women but are in the process of transitioning to change sex. Their appearance is already masculine, but since they appear as women on their ID, they continue to play as such. Although their physical superiority has been denounced by their rivals, the change in the Law that the Government will implement proves them right.
And they are not the only athletes who are affected by this reversal. The debate is far from closed.
