SPAIN: Non-Binary Man Who Sued Writer For Calling Him “Male” Loses Case, Is Ordered To Pay Her Legal Costs

Famed Spanish writer Lucía Etxebarria is breathing a sigh of relief after a Las Palmas court ruled in her favor after she was sued by a “non-binary trans person” for misgendering him. The plaintiff, Marcos Ventura, launched the suit seeking 11,000 Euros for pain and suffering, but has now been ordered to pay Etxebarria’s legal costs.

As previously reported by Reduxx, Ventura is a transvestite who defines himself as a 

“non-binary trans person who uses feminine pronouns and grammatical gender to 

refer to himself.” He had launched a lawsuit against Etxebarria last year for an alleged 

crime against the “right to dignity, equal treatment and non-discrimination.” 

Ventura’s claims were based on a 2020 post on social media Etxebarria had written 

in which she identified him as a “man.”

According to The Objective, the judge ruled that the Etxebarria’s statements complied

 with “the necessary finding of a sufficient factual basis on which to express public 

opinion.” The judge also agreed that Ventura had sufficiently male aesthetics and 

physical attributes which would lead a reasonable person to correctly identify 

him as being male.

The judge dismissed the lawsuit and ordered Ventura to pay the costs of the 

proceedings.

Ventura, who refused the initial possibility of a settlement agreement, had 

requested 11,000 Euros in damages for having been “subjected to public 

harassment and scorn, multiple insults and numerous offensive comments

 derived from the public exposure and the target that the defendant put” 

on him, by “exposing [him] to her hundreds of thousands of followers.”

But the judge refuted Ventura’s claims, asserting that there was no possibility

 a crime had been committed and disagreeing that Ventura had suffered 

any damages. Ventura will be allowed to appeal the decision.

Etxebarria’s lawyer, Guadalupe Sanchez, praised the ruling, noting that 

“this sentence, although not final and subject to appeal, is an important 

step in the defense and prevalence of freedom of expression against those 

who want to impose censorship based on identity issues.”

Lucía Etxebarria

In a statement from Etxebarria given to The Objective, the writer thanked 

the supporters who stood by her through the taxing trial.

“But above all I want to make one thing clear: this ruling is particularly

 significant because it creates a precedent. And I believe this because, if I 

had not won, a different sentence could have been used to impose 

ideological criteria and to carry out personal vendettas, at least this is my 

personal opinion,” she wrote.

As an example, Etxebarria referenced the recent bizarre case of a trans-identified 

male convicted of a hate crime against another trans-identified male for 

refusing to affirm his gender identity.

As previously reported by Reduxx, the Barcelona High Court sentenced a 

male who claims to be transgender to six months in prison after he was 

found guilty of committing a crime “against fundamental human rights 

and public freedoms” for posting “transphobic” comments on social 

networks.

Referring to the case, Etxebarria explains that “the transsexual woman was 

sentenced to pay 720 euros and to undergo a ‘re-education course’ – in 

a Stalinist or Maoist fashion – to ‘cure [his] transphobia.’ And to six 

months in jail (which [he] will not serve because [he] accepted the 

re-education course). The judges charged [him] with a crime against 

moral integrity, according to article 173 of the Penal Code.”

Etxebarria concludes by noting that “ideological laws” are intended to 

fulfill two purposes. “One, to destroy the core beliefs of the population 

in order to more easily subdue them. And two, to gaslight people.”

https://reduxx.info/spain-non-binary-man-who-sued-writer-for-calling-him-male-loses-legal-case/