The Civil Registry of Las Palmas de Gran Canaria has denied the request of an Air Force sergeant to register as a woman to obtain a job promotion. The judicial authority in charge of the Civil Registry of the capital of Gran Canaria has appreciated in this case that the applicant’s intention was not to benefit from the assumptions legitimized in the so-called trans law, but to benefit from the consequences of being a woman with regard to positive discrimination, according to the magistrate’s order. That is, the objective of the Army sergeant was to promote second lieutenant in this way.
The denial order explains that the interested party submitted written documentation requesting rectification of the sex registry while retaining his or her own name. The registry called on two occasions to carry out interviews: once on April 27 and a second on July 26.
The key to the decision is not in the trans law itself, but in the third guideline of the Instruction that the General Directorate of Legal Security and Public Faith promulgated on May 26 on the registry rectification of the mention related to sex regulated in the norm, in which it was established. “Within the strict terms of Law 4/2023, of February 28, the person in charge will ensure that fraud of law or abuse of rights does not occur,” according to sources from the TSJC.
Thus, from the procedures carried out, the order explains, it was found that “there is no physical change” in the interested party, “he did not request a name change either, stating that he considers that his name is also a woman’s.” The soldier, in addition, refers to himself as masculine, did not show “any gender expression in the context of social expectations”, neither in relation to the way of dressing, nor in the use of one or another name or pronoun, nor in the behavior, nor in the voice, nor in the aesthetics. He did not know, in turn, the difference between gender expression and gender identity, and stated “that she feels like a woman, but she does not want to be treated as such until her sex is rectified.” Likewise, he assures the car, “he indicated that he did not know any support group for trans people, nor did he need psychological support from anyone.”
The magistrate emphasizes that “it is not idle to remember” that the main reform of the legal system that the law incorporates is that “a physical or surgical alteration is not required, nor is subjection to treatment, nor any type of diagnosis of dysphoria. of genre”. This circumstance recognizes the possibility of the person to make decisions with legal effectiveness about one’s own identity as the main quality of the human person.
“Consequently,” he emphasizes, “the use of the legal norm to obtain a purpose different from that provided for in the law, in addition to being fraudulent and contrary to the legal system, incorporates a special contempt for the dignity of the person who, In the case of transgender people, it has taken a long time to be recognized as a human right.”
In reality, changing his sexual identity from man to woman would not have meant any advantage for the sergeant when it came to promotion to second lieutenant, since there are no quotas or positive discrimination measures in the Army. From a legal point of view, there is no discrimination between both sexes when it comes to occupying jobs or destinations. The only advantage for women is that they must undergo less demanding physical tests to enter the Armed Forces.
Congress approved the trans law in December, with 188 votes in favor of the Government partners, 150 against PP and Vox, and seven abstentions. This law recognizes trans people their right to be who they are, without the obligation of hormone therapy for two years and without any medical report, as was the case until the approval of the law.
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