The Ayuso Administration menace: The challenges posed by the derogation of the Madrid antidiscrimination policies for LGBTI citizens

Abstract

Madrid is the first region in Spain whose government has managed to dismantle an already existing LGBTI legal framework, going against the recently voted Legal Gender Identity and LGBTI Law that applies at a State level (4/2023). The conservative government of Madrid has modified two regional laws to re‐establish gatekeeping and gender surveillance, thus putting the depathologization and self‐determination of gender identity at stake. LGBTI minors are particularly exposed to this measure, as the partial derogation of aspects of the Madrid law directly affects their autonomy and self‐determination. Our policy analysis examines the contradictions and severe effects of this law reform. We employ a cross‐reading of the State and regional statutory terms that are being jeopardized, to reveal the different levels of policy making in which the Spanish trans community is obliged to obey. We further call for further analysis and follow up of the consequences of these law reforms and the impact on LGBTI people of all ages.