The Superior Court of Justice of Catalonia ruled that threats made to a young man during a Pride event do not constitute a hate crime as they were based on his clothing rather than his sexual orientation.
The Superior Court of Justice of Catalonia (TSJC) upheld the acquittal of a man accused of threatening a boy during the Barcelona Pride celebrations in 2019. The court determined that the threats to 'make him heterosexual by beating him' were not motivated by the victim's sexual orientation but rather by his manner of dress. This decision echoes a previous ruling by the Audiencia de Barcelona, which also found that the attacks stemmed from personal appearance rather than homophobia.
The ruling has sparked outrage and concern among LGBTQ+ advocates and community members, who argue that the logic applied in this case undermines the seriousness of hate crimes and their consequences. The prosecution assessed that the ruling is at odds with critical understandings of hate speech and violence, prompting the Fiscalia to announce plans to appeal to the Supreme Court of Spain. This indicates potential legal challenges ahead and highlights ongoing tensions in the legal interpretations of hate crimes.
This case reflects larger societal issues regarding LGBTQ+ rights and discrimination in Spain, particularly in the context of Pride events, which celebrate inclusivity and diversity. The outcome of the appeal to the Supreme Court may set a significant precedent regarding how threats and violence towards LGBTQ+ individuals are treated legally, and whether motivations based on personal appearance can be treated separately from sexual orientation in legal contexts. The discourse surrounding this case may influence future considerations of legislation aimed at protecting marginalized groups from hate-based crimes.
