The Spanish Foundation of Christian Lawyers will take the case of the presence of LGBT flags in public buildings to the European Court of Human Rights after a ruling by the Spanish Supreme Court that allows their display.
The Fourth Section of the Contentious-Administrative Chamber of the Supreme Court has decided that the placement of the multicolored banner of the LGTB lobby in the institutional premises does not violate “Law 39/1981, of October 28, which regulates the use of the flag of Spain and other flags and banners, nor the principles of objectivity and neutrality of Public Administrations.”
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With this criterion, two appeals have been resolved against contradictory sentences regarding the display of the multicolored banner on the occasion of the celebration of the so-called LGBT Pride Day every June 28, in the Provincial Council of Valladolid and the City Council of Zaragoza.
In both cases, the Christian Lawyers Foundation had denounced the facts, understanding that the flag law and the principles of objectivity and neutrality were violated.
As detailed by the Supreme Court, the speaker of the sentences “does not see any impediment” to the display of the multicolored flag characteristic of the LGBT lobby “because it was neither placed to replace or subordinate it to the official flags and banners, nor is it a sign or symbol of partisan significance and does not advocate any type of confrontation.”
Furthermore, the High Court considers that “it is projected in favor of equality between people, a value recognized by the Constitution and the Charter of Fundamental Rights of the European Union.”
The rulings consider that the flag law “is not applicable, since it does not contemplate this assumption, and that there is no contradiction between what is now decided and what was previously resolved regarding the raising of an autonomous flag other than the statutory one and, in general, against the display in public buildings of symbols or messages of a partisan nature.”
The judge of the Supreme Court José Luis Requero has issued separate votes against the decision made by his four colleagues, understanding that the obligation of neutrality and objectivity provided for in article 103.1 of the Spanish Constitution is violated.
According to the Supreme Court, Requero considers that the LGBT lobby, represented by the rainbow flag, refers to “acronyms that bring together various sexual tendencies that support various postulates, among them those of the so-called gender ideology, which are not peaceful and respectful. of which there is division in society, whether due to beliefs or ideology.”
Gender ideology is a current that considers that biological sex is not determining for the person, but that they can define their sexual orientation and identity according to their preferences and even against their nature.
The magistrate adds that “it is one thing to achieve objectives inspired, according to the law, by plausible principles such as those of equality, respect, inclusion and tolerance and another for a public administration to go beyond the fulfillment of those legally provided objectives and come to champion – the expression is intentional – some controversial ideological postulates behind the symbol that triggers the litigation.”
The Spanish Foundation of Christian Lawyers has announced that “it will appeal to the Constitutional Court against the Supreme Court’s decision to endorse the placement of the LGBT flag in public buildings” as a preliminary step to take the case, if necessary, to the European Court of Human Rights. from Strasbourg.
The president of Christian Lawyers, Poland Castellanos, states in a statement released to the media that “this change in criteria by the Supreme Court is another example of the politicization of the judicial system. This ruling is evidence of how the Sanchism (in reference to the social-communist coalition government led by Pedro Sánchez in Spain) has ended judicial independence, given the passivity of the PP” (Popular Party).
Nicholas de Cardenas
Born in 1980, I am a Spanish husband and father and journalist with more than 20 years of experience in print and digital media, specializing in sociopolitical and religious information. I have worked for more than 10 years in defense of human rights and have accreditations in Journalism and Comprehensive Communication. Since July 2022, I have been a correspondent for ACI Prensa and EWTN Noticias in Spain, covering international events of the Catholic Church.