The Ministry of the Interior of the Government of Spain will enable, for the first time in an official document dependent on the central administration, a third box for gender, in addition to “man” and “woman”, by virtue of a ruling of the TSJ of Andalusia that, Last January, he agreed with Andrea Speck, a non-binary person who had been in litigation for years since she could only be registered as a man or a woman in the Central Register of Foreigners of European Union countries.
“Indeterminate” foreigner: a court forces the Interior to recognize a non-binary person in the registry
Interior sources assure this newspaper that it is already studying how to implement the issue, as ordered sentence, which urged the managers of that official registry, in this case the Ministry of the Interior, to modify the registration and that Speck no longer appear as a man but as “indeterminate”, “X” or an equivalent expression. The sources add that they are analyzing how to make what was ordered by the judges effective, although they cannot detail when the change will be visible in the registration form, which still has only two boxes, according to advances. Public.
It should be remembered that the TSJA had considered that Speck’s claim was “legitimate” and “fully acceptable” by the Administration, since it appeared as “indeterminate” in his passport or, since 2019, in the registry of the Andalusian Health Service, in under Andalusian trans law, approved five years earlier.
The “absence of legal regulation” of the case at the state level had caused a court in Seville to dismiss Speck’s appeal in the first instance, in July 2019. Previous and in vain were his attempts against the resolution of the General Director of the Police of December 2018, which dismissed the appeal filed against the alleged dismissal agreement due to administrative silence of his application.
The Trans Law approved in February turned its back on the recognition of non-binary people. It was a “disappointment” for Andrea Speck, as she said in an interview with elDiario.es Andalucía, but she wants it to serve as an incentive for greater equality and has given rise to a movement that leaves no doubt about its claims: ‘¡ Third Option Now!’. Or what is the same: open a third option to break the gender binary system. “It’s important to open your mind,” she sums up.