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September 09, 2010, 04:42:46 AM
The Official Anima ForumsOff-TopicOff-TopicWay, WAY off topic
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Pneumonica
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« on: July 19, 2010, 11:21:52 PM »

Question mostly aimed at the Spanish people on this forum.  I'm in law school and have interests in international law and human rights, among other things, and most of the information I'm looking for on this subject is in Spanish.  I read two languages, neither of them Spanish.  So, I thought I'd check to see if I could mooch some free research off of the forum.   Grin

In 2009, in the case of Aitor G.R., Spanish courts ruled that pursuant to the policy of allowing gays to serve openly in the Spanish military, transgenders are also permitted to serve.  Here's my question: Did the court specify that transgenders would serve in their "destination" gender, or do they serve as their biological gender?  In other words, if the transgender was born biologically a man but psychologically a woman, in serving in the military would that person be considered a "man" or a "woman"?  If it must be decided individually, how is that decision made?
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planeswalker
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« Reply #1 on: July 20, 2010, 12:25:59 AM »

I'll try and see if I can find some answers!

EDIT: From what I've been able to gather, it seems that this issue was related to an obsolete and rather humiliating military ruling that stated that, basically, you must have a penis in order to serve as a male. It wasn't resolved in court, actually, but by a resolution from the Ministry of Defense, which voided that and a couple other nonsensical requirements. That was done in order to suit the Law for Sexual Indentity (Ley de Identidad de Género, 2007) which states that transgender people are legally, in all regards, recognised as their choice of gender without needing to undergo surgery first.

To be more concise, al it requires is a gender dysphoria diagnosys and two years hormonal treatment, without needing a judge's ruling. When these conditions are met, the individual can freely choose his gender (but must choose one, there is no genderless category!)

Hope it helps?
« Last Edit: July 20, 2010, 12:38:12 AM by planeswalker » Logged



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Pneumonica
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« Reply #2 on: July 20, 2010, 11:22:48 AM »

That's awesome.  I wasn't aware that there was actual legislation on the point (again, can't read Spanish, and most of the resources are in Spanish).  I profit from your research skills!   Cheesy

So, by law in Spain, if a transgendered person's been on HRT for 2 years they're considered to be their chosen gender, and now this includes military purposes.  Thanks!
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« Reply #3 on: July 20, 2010, 01:53:44 PM »

Yep, that sums it up. You're welcome! Smiley
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