They warn that the Constitutional Court could legalize sex change in minors’ IDs

The legal firm Dignidad y Derecho and various pro-life groups from Ecuador alerton of the attempt by the Constitutional Court, the highest judicial body in the country, to legalize the so-called “sex change” in the identity documents of minors.

“Ecuador begins 2025 with its children under threat, where a fundamentally activist Constitutional Court takes out its ideological claws to attack the integrity of Ecuadorian children,” warned Martha Cecilia Villafuerte, founder and national director of Familia Ecuador, in an interview with ACI. Press this January 9.

Villafuerte warned that, if this measure were approved, it would lead to “an enormous outrage as has been seen in countries like the United Kingdom, where the persecution of parents who oppose it ends with prison.”

“It would be a destruction of parental authority and the preservation of family values, since the State would enter as an ‘external savior’—a term used by the same Court in these cases—to break the bonds of protection and parental rights,” he added.

In a reserved hearing held on Wednesday, January 8, arguments were presented to the Constitutional Court for and against a lawsuit filed in 2020 that seeks to allow the “sex change” in the documents of minors without the consent of their parents.

Although the National Assembly ruled against this measure in April 2024, Ecuadorian law empowers the Constitutional Court, made up of nine judges, to select cases of jurisdictional guarantees and issue binding jurisprudence.

Possible implications of the ruling of the Constitutional Court

Pablo Proaño, lawyer at the law firm Dignidad y Derecho of Ecuador, warned about the possible implications of this ruling in an interview with ACI Prensa.

“Regarding yesterday’s hearing, that still has no sentence“What this could lead to is that a minor can approach the Civil Registry and change their sex or gender without the need for their parents’ consent,” he said on January 9.

The lawyer highlighted that this measure could generate important legal repercussions, since “what is sought is to grant total autonomy to children.” This would mean that, if parents object, “they could not present any type of appeal.” “Furthermore, if they attempted to act coercively, they could be accused of discrimination and even face potential lawsuits.”

Martha Villafuerte also expressed concern about the possible repercussions at the national level: “What comes next is very worrying. “Other relevant government entities would be forced to ‘facilitate’ mechanisms for the implementation of these pseudo-rights.”

“Education, Health, Social Security and other State portfolios must be aligned with the new guidelines and will totally affect all children nationwide. We as parents will not be able to oppose when, for example, the Ministry of Education comes to present new school texts socializing these new provisions,” he emphasized.

“In the field of Health it is much more serious, since offers of puberty blocking and hormonalization would enter the market,” Villafuerte added.

Arguments against the “sex change” on ID cards

A crucial point highlighted in this debate is the inconsistency between the legal capacities attributed to children and the implications of these measures. As Proaño explained, “in our legal system, children have a progressive development of their autonomy and faculties. For example, they cannot sign contracts, get a credit card, sell a car, or travel alone. So, why could a minor, who does not have the legal capacity to make these decisions, perceive himself as having an identity that implies profound legal and social repercussions?

Proaño stressed that this issue involves aspects of maturity and psychological development that are not being adequately considered. “Scientific studies confirm that children develop their decision-making capacity and awareness progressively. This means that they cannot assume the same responsibilities or fully understand the consequences of their decisions as an adult would. Ignoring this fact is a serious mistake that puts your well-being at risk.”

“It seeks to impose an ideological agenda on trans children”

Proaño highlighted that this case is part of a broader strategy that seeks to impose an ideology on trans children, and recalled that, in other countries, “it has been seen that this agenda is moving towards the demand that hormoneization processes and surgeries of sex reassignment are covered by the State as part of the public health system.”

Villafuerte agreed that this case follows a pattern observed throughout Latin America to promote this ideology: “This is precisely the pattern that is seen throughout the region to impose these ideological measures surreptitiously. National courts are used to present cases that evade legislative debates and leave the decision in the hands of a few judges, ignoring the will of millions of citizens.

Proaño also criticized the role of the Constitutional Court in this type of case, pointing out that it has exceeded its powers: “Unfortunately there is no way in which the Assembly or the Presidency can revoke the ruling.”

Villafuerte also highlighted the role of civil society in this situation: “From civil society, we have activated all fronts to raise awareness, inform citizens of what is happening and generate media pressure in our community.”

“With a political environment against it, as we are just a few days away from the presidential elections, it is still an opportunity to demand that candidates and political leaders speak out coherently and firmly on the protection of children and families,” he concluded.

In countries such as England, Finland and the United States, the possibility of minors being able to legally change their sex is being reversed. In addition, sex reassignment surgeries in minors are being prohibited, since there are currently many studies and testimonies that certify the irreversible damage that these changes generate in people, even years after the transition.