The Madrid Constitutional Court has postponed the ruling it had prepared against the so-called Trans law of the Community of Madrid, led by Isabel Díaz Ayuso, after three conservative judges requested it. The draft ruling has already been written and distributed among the members of the court. Three of them, Enrique Arnaldo, Concepción Espejel, and José María Macías, sent a letter to the president of the court, Cándido Conde-Pumpido, asking for a delay in deliberation. The Popular Party has initiated proceedings for the Madrid Assembly to reconsider and amend the law, which has been challenged by both the Government and the Ombudsman. There are two pending judgments against the controversial Madrid law, one focusing on the alleged invasion of state competencies, while the second targets articles that violate the fundamental rights of transgender minors.
The Ministry of Equality argued that the law “pathologizes transgender identity” by requiring minors to undergo hormone treatment only after being assessed by a pediatrician and a mental health professional, as well as obtaining a favorable medical report. The draft ruling regarding the invasion of state competencies was initially included in the agenda of the upcoming court session. However, the three conservative judges requested the immediate removal of this item from the agenda to allow for further consideration. The judges argue that there is no need to rush the resolution of this case, especially since the law has already been suspended. The Madrid opposition believes that the proposed amendment to the law by Ayuso’s government was influenced by the anticipated declaration of unconstitutionality of the norm.
The suspended law is expected to be amended within the next two months, which would coincide with the deadline for the court to issue its verdict. The court will have to decide whether to maintain the suspension of the law, even after it has been modified. While the first ruling may still indicate an invasion of state competencies, it may no longer need to be removed from the legal framework. The second ruling will likely focus on the potential violations of fundamental rights, which may no longer be relevant if the provisions have been replaced or annulled by the Madrid Assembly. This would allow for the dismissal of the constitutional challenge due to the “loss of object” of the appeal.
The progressive faction within the Constitutional Court, led by Cándido Conde-Pumpido, has agreed to the postponement in order to promote internal cohesion within the court. The majority group has often been criticized for imposing decisions by a 7-4 or 7-5 vote. By accommodating the request of the conservative judges, the court aims to address the pending challenges to the amnesty law without further controversies that could disrupt the deliberations. The decision to delay the ruling on the Madrid Trans law is intended to allow the court to focus on the ongoing cases without distractions.
