The judge denies the sex change to an Air Force sergeant because he only requested it to promote

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The judge in charge of Las Palmas Civil Registry has denied the change of registration sex to a sergeant of the Air Force who intended to benefit from the status of woman to be promoted to second lieutenant, something that the magistrate considers a fraud of law.

The judge indicates that from the applicant’s explanations “it is not possible to deduce with sufficient certainty that the purpose pursued with his request is consistent with the objective pursued by the law.” “On the contrary,” he continues, “it is concluded that it is aimed at obtaining the legal consequences that, to promote equality through positive discrimination, this and other laws establish for women, or for trans people, without that there is a real desire for gender expression as a woman”.

He explains that it has been confirmed that there is no “physical change” in the man and that he did not request a name change to a woman’s name either. “In the same way, he refers to himself as masculine, he did not show any gender expression in the context of social expectations, nor in relation to the way of dressing, nor in the use of one or another name or pronoun, nor in behavior, neither in voice nor in aesthetics, ignoring the difference between gender expression and gender identity, stating that she feels like a woman, but does not want to be treated as such until her sex is rectified. She indicated no. “Knowing no support group for trans people, as well as not needing psychological support from anyone, and because of his profession as a sergeant in the Air Force, he wants to be promoted to second lieutenant,” adds the denial resolution.

The decision is based on a guideline from the General Directorate of Legal Security and Public Faithwhich last May established that the person in charge of the registry “will ensure that fraud of law or abuse of rights does not occur.”

He adds that the Organic Law of the Judiciary (LOPJ) establishes that the courts and tribunals “will reasonably reject requests, incidents and exceptions that are formulated with manifest abuse of rights or involve fraud of law or procedure.”

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