LGBT Rights in País Vasco
Autonomous Community

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Public Opinion

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History

Homosexual activity in País Vasco

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Homosexual activity in País Vasco is legal.

Current status
Since 1979
Legal under federal Spain law
In 1979 Adolfo Suárez Government reversed the previous prohibitions on same sex activity. The 1970 Law on Danger and Social Rehabilitation remained active until 1995 but was unenforced after Spain adopted democracy.

Same-sex marriage in País Vasco

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Same-sex marriage in País Vasco is legal.

Current status
Since Jul 3, 2005
Legal under federal Spain law
In July of 2005, Spain became the third country in the world to legalize gay marriage, following the Netherlands and Belgium. The law, which was passed by the Spanish parliament and signed into law by Prime Minister José Luis Rodríguez Zapatero, also allows same-sex couples to adopt children.

Censorship of LGBT issues in País Vasco

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Censorship of LGBT issues in País Vasco is no censorship.

Current status
No censorship under federal Spain law
In Spain, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in País Vasco

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Right to change legal gender in País Vasco is unknown.

Current status
Unknown

Gender-affirming care in País Vasco

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Gender-affirming care in País Vasco is legal.

Current status
Legal
Gender-affirming care is legal in the Basque Country.
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Legal recognition of non-binary gender in País Vasco

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Legal recognition of non-binary gender in País Vasco is unknown.

Current status
Unknown

LGBT discrimination in País Vasco

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LGBT discrimination in País Vasco is unknown.

Current status
Unknown

LGBT employment discrimination in País Vasco

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LGBT employment discrimination in País Vasco is unknown.

Current status
Unknown

LGBT housing discrimination in País Vasco

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LGBT housing discrimination in País Vasco is unknown.

Current status
Unknown

Same-sex adoption in País Vasco

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Same-sex adoption in País Vasco is legal.

Current status
Since Jul 3, 2005
Legal under federal Spain law
Included in equal marriage legislation

Intersex infant surgery in País Vasco

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Intersex infant surgery in País Vasco is full ban.

Current status
Since Feb 16, 2023
Full ban under federal Spain law
With the approval of the Trans Law on February 16, 2023, it was established that intersex minors should not receive unnecessary medical interventions, except in cases where medical advice requires otherwise in order to protect the health of the individual.
Until Feb 15, 2023
Not banned under federal Spain law
Before 2023, no protections existed for genital 'normalisation' surgery on intersex infants.

Serving openly in military in País Vasco

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Serving openly in military in País Vasco is unknown.

Current status
Unknown

Blood donations by MSMs in País Vasco

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Blood donations by MSMs in País Vasco is legal.

Current status
Legal under federal Spain law
In Spain, a six-month deferral period for everyone, irrespective of sexual orientation, who engages in sexual intercourse with a new partner, is implemented in selecting blood donors.
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Conversion therapy in País Vasco

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Conversion therapy in País Vasco is banned.

Current status
Since Mar 1, 2023
Banned under federal Spain law
Spanish law prohibits conversion therapy intended to change sexual orientation, gender identity or expression.
Until May 30, 2016
Not banned under federal Spain law
Before Murcia's 2016 conversion therapy ban, conversion therapy was legal in every Spanish subregion.
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Equal age of consent in País Vasco

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Equal age of consent in País Vasco is unknown.

Current status
Unknown