Abstract

Law 4/2023, of 28 February, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, is a pioneering law in relation to the development and guarantee of the rights of lesbian, gay, bisexual, trans and intersex people. This law, as stated in its preamble, aims to eradicate situations of discrimination in order to ensure that sexual orientation, sexual identity, gender expression, sexual characteristics and family diversity can be lived in Spain in full freedom. This law responds to a historical demand of the LGTBI collective for the promotion of public policies that guarantee the rights of the people who make up this collective and seeks to remove all those obstacles that prevent its members from fully exercising their rights and freedoms as citizens. In this sense, this law can be considered an advance in the full development of equality and social justice and consolidates a change in the traditional social conception of the LGTBI collective. The Spanish legislator understands in this law that diversity is a positive value that ensures social cohesion in the promotion of equality and non-discrimination in the face of hatred and prejudice in relation to sexual identity and one’s own sexuality. Welcomed very positively by the LGTBI community, this law has not been without controversy, being the focus of criticism from conservative sectors of society, the main religious groups represented in Spain and even the most traditional feminism.