Friday, May 27

The banality of being called Ernesta

Hundreds of thousands of women who wanted to be as children the Jorge of Enyd Blyton and, somewhat later, the Jo of Little women We never had any doubts about our biological sex, we just revolted against the social stereotypes associated with it. Over time, many of us became feminists and fought for decades to implode those limitations that society imposed on our sex. Today, for some, Georgina / Jorge or Jo March would not have been rebels against the social oppression suffered by women, but rather a girl and a transgender girl. Times change although, as I anticipate, not always what seems so modern and transgressive is the most revolutionary.

Do not be scared if you think that this whole debate looks like a kind of gibberish. Often happens. Concepts and theories so cumbersome that they only seem open to the understanding of initiates – or those who receive the light – because they use an almost incomprehensible jargon and abstruse concepts often hide confused and banal thinking in the spirit of social experiment . In my humble opinion, the theory queer It is a “magufada” that tries to hide under an apparently academic terminology a sociological experiment that moves away from rational thought and connects directly with that spirit so neoliberal and so of our time in which personal subjectivity is the measure of all things. I am older and I stayed in the lights of reason. I do not mind not being modern, I prefer to be logical, not depart from science and good sense and be a humanist because all people without any distinction are subject to the same rights for me.

On Tuesday, the Council of Ministers will approve the star project of the Minister of Equality, the so-called Trans Law, which has caused extreme tension in the Government coalition and which does mean a medium lowering of pants on the part of the socialists to satisfy Montero and Belarra. I say medium and not total because the draft law that reaches the table of the Council of Ministers is not even remotely the one that was initially drafted in Equality. De facto, it is no longer a law queer nor does it contain many of the gaps, errors and legal aberrations that Montero’s proposal contained, although, yes, they have swallowed up with their main obstacle which was and is the self-determination of sex by the mere expression of the individual’s desire and its immediate registration and acceptance. , therefore, for legal traffic.

The first change achieved by the PSOE is to have unified in a single law the LGTBI Law project with the Trans Law project. The second is a small legal trap to please Montero and his family without accepting the generic porridge and queer. In the explanatory memorandum of the law that the Government will present, it is stated verbatim: ” The objective of this law is to develop the rights of lesbian, gay, bisexual, transsexual and intersex people, ” that is, LGTBI without Q and clarifies : ” Regarding transsexual people (hereinafter, trans people) ”. Thus, he leaves behind the concept of transgender that permeated the entire Podemos project, playing with the fact that no one reads those things except the judges to interpret them. If Carmen Calvo’s hand is in all this, if in the disappearance of references to the paralysis of puberty by chemical means in minors it is necessary to see its influence, it cannot be said that it has not achieved great changes. To do politics is to compromise and this law is a clear transaction between the two sectors of the Government.

Now, in the project, the most controversial measure that raises the most doubts is still in force: the one that allows a registration rectification of sex with the mere expression of desire by the subject or their legal representatives without the requirement of any certification or justification or medical or psychological or of any kind. A mere appearance in the Registry showing disagreement with the sex mentioned in your registration will be sufficient. To this will be added a form in which the person chooses a new proper name “except when the person wants to keep the one they have” (art. 38), which means that if Ernesto Wilde decided to change his sex to The woman could still be called Ernesto Wilde. After ratification after three months, the registration will be effective and must be carried out in all documents (ID, university degrees, property deeds, for example). The reversal of the entire process can be carried out again after six months. In total, with all comfort, anyone can prove to be of the other sex for more or less a year (application + ratification + reversion time) and all this without altering their first name, but with the right to enter changing rooms, modules prison, sports competitions of the chosen sex or zipper lists.

Laws should not only be written in the belief that 0.1 or even 2% of the population they are addressed – the truth is that they do not have data – enjoy the rights they are granted, but also in the possibilities of torticero use that can give them the rest or in the legal complications that may arise from its application. The other big issue is legal security, you know, the law could even be unfair but it can never be uncertain. That if Ernesto Wilde woman can continue to be called Ernesto Wilde and does not have to make any external change in her figure of dandy, but can socially and legally operate as a woman, we are probably opening a field of problems greater than the one we are trying to overcome.

Note that I am not even entering into the argument of the trivialization of the fact of being a woman that follows from bringing this approach into law – make no mistake: that transgenderism clothed with transgenderism almost always has the same sense of movement – and neither of the consequences it can have for affirmative action policies implemented with so much struggle. Nor am I going to emphasize now the abnormality and incongruity that it supposes that one is legally obliged to certify and prove their changes of address or marital status and not those of sex, not even in the fact that there is a visceral resistance to someone You can change your nationality – is there a greater social construct than this? – from Spanish to Basque or Catalan in the Registry, for fun, because that’s how you feel and identify yourself.

It is enough to stay with the legal and constitutional problem that derives from the acceptance by the socialists of that unshakable commitment of transgender activism and Minister Montero. Of that and others that the law raises, such as the reversal of the burden of proof if you are accused of discrimination with “reliable evidence” before the Administration because it will be the defendant who will have to demonstrate and justify that it was not. (art. 61). I do not agree with these features of it, although I am satisfied that so many issues have been polished and unacceptable things have been rectified such as the disappearance of the word mother or father from the Civil Code (now it is proposed “ the mother or parent who record as pregnant ”).

Note that I have not assigned anyone or used a disqualification to any person in this text in which I only refute ideas and legislative proposals that I do not like and that are going to bring the same problems that have already led to the countries that entered into This ” postmodern ” approach claims that from proclaiming that transsexuality is not a mental pathology a whole series of legal consequences are derived that are doubtful and perhaps not constitutional.

I suggest that we all stay on the same level although, if not, I already warn you that this will not influence my position or my desire to make it public.