Lohana Berkins’ voice sailed over the victorious cheers of hundreds of transgender activists and supporters, and reverberated against the Argentine Congress building in downtown Buenos Aires on Wednesday evening. Inside, Congress had just voted to pass the Gender Identity Law that would allow Argentines to change their name and sex on their identifications without the ruling of a judge, approval from a psychiatrist, nor any obligatory surgery.
“This is a historic day. One we will remember for the rest of our lives. But we should never forget that to get here, many comrades gave their lives.”
Lohana Berkins’ voice sailed over the victorious cheers of hundreds of transgender activists and supporters, and reverberated against the Argentine Congress building in downtown Buenos Aires on Wednesday evening. Inside, Congress had just voted to pass the Gender Identity Law that would allow Argentines to change their name and sex on their identifications without the ruling of a judge, approval from a psychiatrist, nor any obligatory surgery.
“And today,” said Berkins, the president of Association for the Fight for Transvestite Identity (ATTI), “those who call us lowlifes, dirty, depraved, infected, thieves, for those who want to permanently hide us away, we tell them, we are first-class citizens!”
First presented to the Argentine Congress in 2007, the Gender Identity Law was debated for three hours and approved nearly unanimously, with no votes against and one abstention.
“This is a first step to begin to reverse the reality of constant discrimination and violation of human rights because of gender identity,” said socialist Rubén Guistinani to the chamber before the vote.
‘Dead Civilians’
“We live as dead civilians,” said longtime trans rights activist Yanina Moreno to a small crowd before the vote, “We don’t exist for the system.”
Similar to many countries in the world, Argentina’s trans community is one of the most marginalized. Often ostracized from family and school, and discriminated against for employment, many turn to sex work and are exposed to the dangers of the streets and police harassment. Also facing discrimination and abuse in clinics and hospitals, trans people are isolated from the healthcare system, unable to obtain treatment for diseases like HIV (that affect more than 22percent of the trans community here), and often resort to harmful methods to modify their bodies.
Living in such precarious conditions and targeted for their identities, many trans people are victims of hate crimes and violence. According to the National Institute Against Discrimination, Xenophobia, and Racism, 91 percent of transgendered people have been the victim of violence. The Ministry of Health places the life expectancy of a trans person in Argentina at a mere 35 years. On Wednesday, banners lined the stage with of names of trans people who had either been killed or activists who had passed away. 
Historic step
Though it won’t guarantee immediate protection of the trans community, the law is a critical step toward its visibility and recognition of human rights.
“I don’t like taking my identification with me,” said 43-year-old Paula Sarmiento, who joined the demonstration with her friends to witness the vote. With the passage of the law, she said “you can go to a hospital and they won’t call you, for example, Juan Carlos.”
The law also specifies that neither public nor private health care can deny trans people attention, hormonal treatment, or surgical interventions, which may now be performed without the authorization of a judge or psychiatrist.
Eagerly awaiting the vote with banners, stencils, and music were activists’ numerous organizations that form part of the National Front for the Gender Identity Law that has worked for years for transgender rights and against transphobia.
“I consider myself a man,” said 17-year-old Gabriel Nuñez, sitting with his fellow friends and activists of the Association of Transvestites, Transsexuals, and Transgendered. Though the law specifies that those under the age of 18 must have parental approval to legally change their gender, Nuñez believes he will feel better about himself once he is able to do so.
“It is about living better, living calmer, and living as who someone feels they are,” he says. “It’s a huge advance for not just our community but for Argentina as a whole, because each day we are in a more inclusive society.”
In 2010 Argentina became the first country in Latin America to legalize same-sex marriage. With this vote the country establishes itself as one with one of the most progressive laws on gender identity in the region and in the world.
Going for more
For older trans people and those activists who have worked on trans rights issues for decades, the victory on Wednesday is part of a longer fight.
“We have been through many different stages, and this is one more,” said Paula Sarmiento. “Despite the fact that the gender law is in place, it doesn’t mean that the community is open to receive us.”
Yanina Moreno said that her generation laid the foundations for today’s victory, but there is more to be done.
“The issue is that tomorrow the gender identity law provides equality, but we also need inclusion,” she said. While many will be able to change their identifications, she believes there must be an effort to help trans community members find work, “so they don’t have to go back to the red zone by obligation” and can “choose dignified work.” For a largely Catholic country that faces heated backlash on the legalization of abortion, the atmosphere outside Congress was festive and positive, with no sign of counter-demonstrators opposing the law.
“Truthfully I didn’t expect it to happen so fast,” admits Sarmiento. “But we’re going for more because society has to evolve. Today we’ll celebrate and tomorrow we’ll think about the rest.”
Francesca Fiorentini is a freelance journalist and comedian based in Buenos Aires. She is a regular contributor to WarTimes.org and creator of the web series Laugh to Not Cry.
To learn more about Patricio Guillamon’s photography visit: www.patricioguillamon.com