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By Airam Fernández

Photo: Josean Rivera 

The vote on the Gender Identity Bill (LIG) in the Chilean Senate has been postponed until the first week of September. The decision was announced yesterday around 7:00 p.m., following an unexpected session in Valparaíso, which brought together activists and LGBTQ+ organizations.

The issue was supposed to be addressed as the second item on the agenda. However, time ran out, as the parliamentarians devoted most of the session to discussing the salary increase, in a session that began after 4 p.m.

After five years of debate and postponements between the Chamber of Deputies and the Senate, the bill must wait two more weeks for a final vote. However, the decision brings some relief to activists, as the outcome would likely not have been favorable had the vote taken place yesterday during extended hours, explains Constanza Valdés, a lawyer, trans activist, and specialist in diversity and gender issues. The absence of several senators who would have voted in favor, such as Isabel Allende (Socialist Party), was one of the reasons for this outcome, Valdés points out.

Counting beans

Matías Valenzuela, legal advisor for Organizing Trans Diversities (OTD), points out that of the 25 votes needed in the Senate, there are currently 15 confirmed votes, eight undecided, and two whose votes are unclear. Therefore, the coming days are crucial.

During Wednesday's session, only Senators Adriana Muñoz, Juan Ignacio Latorre, Andrés Allamand, and Jacqueline Van Rysselberghe were allowed to speak. Van Rysselberghe reiterated her criticism of the bill, stating that she would speak out "against everything" in the upcoming sessions, as the votes would be held separately and in two rounds, one in the Senate and the other in the Chamber of Deputies.

[READ ALSO: Being trans and living in Chile: 10 things you need to know]

“The postponement gives us more time to prepare our presence in the space, especially regarding children, who still lack any guarantee of being included in the law due to all the resistance surrounding it, particularly from fundamentalist sectors,” says Franco Fuica, head of legislation and public policy at OTD. This is because, after months of discussion, the Joint Committee of Congress finally approved the inclusion of children under 14 years of age on June 19, following several rejections.

“We believe that the situation for children is very serious due to the lack of recognition of rights, bullying, permanent exclusion, and the constant fear to which they are exposed,” Fuica adds.

For Valdés, what happened yesterday was "super complex" for several reasons: in a call that took them by surprise and despite the presence of activism, there was also a clash with the usual conservative and religious groups, who attended the Senate in order to sabotage the session.

“This time it was a more intense encounter. Looking ahead, the progress these sectors have made is extremely worrying, as what they are essentially trying to do is deny the existence of trans people,” says the lawyer.

What's coming

Valdés also believes the coming days are crucial for securing the remaining votes. Although she regrets that the current text does not allow access to hormonal treatments and surgical interventions solely with informed consent and without pathologizing the process, and that it also proposes the dissolution of marriage if one of the partners decides to change their gender identity, along with requiring the presence of two witnesses for those over 18 to undergo the change, she asserts that the next session could be historic: “This law will establish the minimum standard for the rights of the trans community.”

[READ ALSO: Married trans people must dissolve their marriage to change their name and registered sex]

Although no exact date has been set, the discussion will resume during the first week of September, and the bill will be voted on separately. First, parliamentarians will decide on the issue of married individuals over 18 and adolescents (between 14 and 18). Then they will vote on the issue of minors under 14, along with the requirement for judicial authorization for adolescents who wish to change their gender marker in court, but on their own, Valdés explains.

Once the Senate passes the bill, it must return to the Chamber of Deputies for another vote. After that, the text is sent to the President of the Republic, who has 30 days to approve or reject it. If the President raises objections during this period, the bill must return to the Senate for debate and must be approved again by both chambers. If there are no presidential objections, the bill is considered approved and can be enacted, then published in the Official Gazette and take effect within the agreed timeframe.