Spain's central government, led by socialists, has appealed to the Constitutional Court against changes to the regional LGTBI law introduced by the coalition of the People's Party and Vox in Valencia. The challenged provisions eliminate education on sexual diversity and modify the definition of conversion therapies. The request for constitutional review was filed by the Prime Minister after obtaining a positive opinion from the Council of State. Ministers Ángel Víctor Torres and Ana Redondo are handling the case.

Government challenges PP and Vox changes

The central government in Madrid has decided to appeal to the Constitutional Court against changes to the Valencian LGTBI law, which were adopted by the right-wing coalition.

Appealed provisions concern education and therapy

Amendments passed by the Valencian Corts remove mandatory content on sexual diversity from the curriculum and modify the ban on so-called conversion therapies.

Procedure with Council of State opinion

The Council of Ministers formally made the decision upon the Prime Minister's request, after obtaining a positive ruling from the Council of State, the government's highest advisory body.

Dispute over competencies between administrations

The legal conflict also concerns the boundaries of the autonomy of autonomous regions regarding law and the protection of sexual minorities.

The Spanish government of Pedro Sánchez has initiated decisive legal action against decisions by the regional government of the autonomous community of Valencia, where power is held by a coalition of the People's Party (PP) and the far-right party Vox. The dispute concerns changes introduced to the regional LGTBI law. Amendments introduced by the right-wing majority in the Valencian Corts remove mandatory content regarding sexual and family diversity from school curricula. Furthermore, they modify the definition and scope of the ban on so-called conversion therapies, which, according to the central government, weakens the protection of LGBTQ+ persons. In Spain, following the fall of Franco's dictatorship, the 1978 constitution established a division into a unitary state with broad autonomy for regions, known as autonomous communities. Each of the 17 communities has its own statute of autonomy, parliament, and government, which can legislate in areas designated by the constitution and statute, such as education, culture, social care, or environmental protection. A frequent source of conflict between the central government and the regions is precisely the boundaries of these competencies. The Council of Ministers approved on Tuesday the request for the Prime Minister to file an appeal with the Constitutional Court. The decision was made after obtaining a positive ruling from the Council of State, which is standard procedure in such disputes between administrations. The appeal concerns specific provisions of the amendment: Article 17, the first final provision, and the fourth additional provision. Two ministries are actively involved in the case: the Ministry of Territorial Policy and Historical Memory under the leadership of Ángel Víctor Torres and the Ministry of Equality, headed by Ana Redondo. This legislative step is part of a broader political conflict between the left-wing central government and regional authorities controlled by the right, which also concerns other issues, such as the so-called coastal law mentioned in one of the articles.„El Gobierno central no puede permitir un retroceso en derechos y libertades ya conquistados ni su desigual aplicación en el territorio español.” (The central government cannot allow a regression in rights and freedoms already achieved, nor their unequal application across Spanish territory.) — Government source in EL PAÍS article

Mentioned People

  • Pedro Sánchez — Prime Minister of Spain, head of the central government filing the appeal to the Constitutional Court.
  • Ángel Víctor Torres — Spanish Minister of Territorial Policy and Historical Memory, involved in the appeal procedure.
  • Ana Redondo — Spanish Minister of Equality, involved in the appeal procedure concerning LGBTI rights.