Redistribution and Recognition in Spanish Transgender Laws

Abstract

Since 2012, 16 laws granting rights to trans individuals have been passed in Spanish regions. How can we assess the quality of these laws? Do they all profoundly and positively transform trans people’s well-being? Do they tackle the economic marginalization of trans people? Do they have a symbolic impact? Using multidimensional criteria, I analyze trans-specific and LGBTI+ antidiscrimination policies to define trans-positivity in policymaking. This article uses feminist theory to judge this legislation’s value, contrasting that with the insights of activists and policymakers interviewed for this purpose. Benefiting from the discussion between Nancy Fraser (1995) and Judith Butler (1997), the quality of trans legislation can be assessed by looking at both cultural recognition and economic redistribution. In addition, following Andrea Krizsan and Emanuela Lombardo (2013), I also analyze these laws through the lens of empowerment and transformation. Having made the elusive relationship between sexuality and political economy in trans laws in Spain visible, I call for greater imagination to envisage other sorts of political actions for trans people.