He Constitutional Court maintains the precautionary suspension of the reform of the trans law of the Community of Madrid that required a prior examination by the doctor so that trans minors, with any illness, could access hormonal treatment. The Plenary has considered that it affects the freedom of self-determination of boys and girls. The measure was applied after the central government filed an appeal of unconstitutionality. Almost five months later, the Court of Guarantees has decided to lift the suspension of the rest of the articles, until it resolves whether the regional legislation fails to comply with the legal system.
“This rule affects the freedom of self-determination of the minor, making it difficult for them to make personal decisions in the transition procedure,” the Constitutional Court indicated in a statement. This decision, approved in plenary session, was opposed by judges Ricardo EnrÃquez, Enrique Arnaldo, Concepción Espejel, César Tolosa and José MarÃa MacÃas. For these judges “it is a guarantee that does not entail serious harm to the public interest or to the individuals of the recipients of the rule, given the significance of the decision to undergo hormonal treatment and its irreversibility.”
Specifically, the court of guarantees maintains without effect the final paragraph of article 14.2.b of the law of the Community of Madrid 17/2023, of December 27, which modifies Law 2/2016, of March 29 , gender identity and expression and social equality and non-discrimination. The text mentions that “In the event that comorbidity exists, a favorable report from the professional will be essential who is treating the minor for said pathologies.” In cases where there is no pathology, the boys and girls will require a clinical report.
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