As part of a sweeping initiative for gender parity, the Spanish Ministry of Equality, headed by Irene Montero of the radical-left Podemos Party, has put forth a simple proposal for gender identity, including for those playing sports. The draft of a new law states that the only criterion for identifying any person, including an athlete, as male or female is the will and the inclination of the individual.

If passed, the new law would oblige Spanish authorities to issue new national identity cards and/or passports to anyone who wants to change their gender identity. This would permit athletes to compete in male or female divisions based solely on how they identify themselves. No hormone therapy or sex- or gender-reassignment treatments, including surgery, would be necessary.

A few other European Union countries permit citizens to choose their own identities, but none without prior counseling, therapy, hormonal treatments or other intrusive measures. In Spain, the individual would be the sole judge of their gender identity, and no medical or psychological exam or treatment would be necessary to make the change. Anyone 16 or older will be able to determine their own identity; children younger than 16 would need parents’ or guardians’ permission to make the change.

This means that, for sports competitions, no consideration is to be given to contentious segmenting factors like testosterone or other hormonal levels, bone and muscle mass, oxygen processing, or other areas where post-puberty males traditionally have a physiological advantage over females. The draft law specifically states that all athletes have the right to compete with those of their chosen gender at local, regional and national levels, and that each athlete will have access to the training facilities, including changing room and showers, of their chosen identity. 

Some sports federations have pushed back against the initiative, arguing that the Spanish national champion in a given event may not be permitted to compete in international competitions. The Socialist-Communist coalition that has ruled Spain since 2020 has said that the government will back any trans-gender athlete who is denied the right to participate internationally.

The Spanish Rugby Federation, citing the speed, strength and size advantages of biological males over females, and the dangers these imply, has refused to permit trans females to play in the Women’s Rugby League, setting up a potential legal battle with the Ministry of Equality after the new law has been passed.