LGBT Rights in Salamanca Province

Salamanca is governed by federal Spain law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    Unknown
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✔ Full ban
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Salamanca

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Homosexual activity in Salamanca is legal.

Current status
Since 1979
Legal
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.
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Jul 15, 1954–Jan 1, 1979
Illegal (imprisonment as punishment)
The Vagrants and Common Delinquents Law (Ley de Vagos y Maleantes) was modified under the regime of Francisco Franco to prohibit homosexual acts, with a penalty of imprisonment. In 1970 the Law on Danger and Social Rehabilitation (Ley Sobre Peligrosidad y Rehabilitación Social) was introduced that further enforced the prohibition and specified a prison term of up to 5 years.

Same-sex marriage in Salamanca

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Same-sex marriage in Salamanca is legal.

Current status
Since Jul 3, 2005
Legal
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.
1994–Jul 2, 2005
Other type of partnership
The Ley de Arrendamientos Urbanos (Urban Leasing Law) was passed in 1994, allowing registered cohabitation for same-sex couples which granted some of the rights previously reserved for married couples.

Censorship of LGBT issues in Salamanca

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Censorship of LGBT issues in Salamanca is no censorship.

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

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Right to change legal gender in Salamanca is legal, no restrictions.

Current status
Since Dec 22, 2022
Legal, no restrictions
On December 22, 2022, the Spanish Congress approves a "Trans Law"

If the law is approved, this point marks that reports or evidence will no longer be needed for a person to make an official registration change of their gender identity. According to the General Directorate of Sexual Diversity and Rights, this can be done "through a system of double appearance, without medical or judicial protection."
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Nov 8, 2006–Dec 22, 2022
Legal, but requires medical diagnosis
Changing your legal gender does not require surgery, however, it does require proof of some form of medical treatment for a period of two years.
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Gender-affirming care in Salamanca

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Gender-affirming care in Salamanca is legal.

Current status
Since 1999
Legal
In 1999, Spain adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal, but restricted for minors
In 1980, Spain adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Until 1980
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Salamanca

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Legal recognition of non-binary gender in Salamanca is unknown.

Until Jun 29, 2017
Not legally recognized
Not legally recognized before 2017.
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Current status
Unknown

LGBT discrimination in Salamanca

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LGBT discrimination in Salamanca is illegal.

Current status
Since Nov 23, 1995
Illegal
Art. 22.4 criminal code. In the current penal code is considered an aggravating.
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LGBT employment discrimination in Salamanca

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LGBT employment discrimination in Salamanca is sexual orientation and gender identity.

Current status
Since Jun 30, 2022
Sexual orientation and gender identity
Spanish law prohibits discrimination on the basis of sexual orientation, gender identity, HIV status, and "any other personal or social condition or circumstance.” in employment and provision of goods and services. A comprehensive anti-discrimination bill, called the Zerolo Law, was passed by the Cortes Generales on 30 June 2022.
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Nov 23, 1995–Jun 30, 2022
Sexual orientation only
Ley Orgánica núm. 10/1995, de 23 de noviembre, del Código Penal.
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LGBT housing discrimination in Salamanca

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LGBT housing discrimination in Salamanca is sexual orientation and gender identity.

Current status
Since Jun 30, 2022
Sexual orientation and gender identity
Under Spanish law.
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Same-sex adoption in Salamanca

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Same-sex adoption in Salamanca is legal.

Current status
Since Jul 3, 2005
Legal
Included in equal marriage legislation
Sources:
web.archive.org/web/2011091…//www.ciimu.org/webs/wellchi/working_papers/wp6_roca.pdf
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Intersex infant surgery in Salamanca

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Intersex infant surgery in Salamanca is full ban.

Current status
Since Feb 16, 2023
Full ban
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.
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Serving openly in military in Salamanca

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Serving openly in military in Salamanca is legal.

Current status
Since Nov 4, 1977
Legal
As of 2009, the courts also ruled that transgender individuals are also permitted to serve in the military.
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Blood donations by MSMs in Salamanca

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Blood donations by MSMs in Salamanca is legal.

Current status
Since Jun 11, 1976
Legal
* \"From\" date taken from earliest recorded specific legislation on the matter. MSM is not contemplated as a criterion for exclusion.

Information regarding blood donation by MSM during the Franco dictatorship is unknown, but was probably outlawed along with the practice of homosexuality. No specific legal texts from that historical time period address the issue.
Sources:
Orden por la que se dictan las normas para el desarrollo y aplicación del Decreto 1574/1975, de 26 de junio, por el que se regula la hemodonación y los Bancos de Sangre. - boe.es/buscar/doc.php?id=BO…
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Conversion therapy in Salamanca

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Conversion therapy in Salamanca is banned.

Current status
Since Dec 22, 2022
Banned
Trans law prohibits conversion therapy intended to change sexual orientation, gender identity or expression.
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Until Dec 22, 2022
Varies by Region
Only in Madrid and Valencia. Nationwide Pending.
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Equal age of consent in Salamanca

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Equal age of consent in Salamanca is equal.

Current status
Since Nov 23, 1995
Equal
Actually the criminal code in Spain is under review in order to increase the age of consent.
Sources:
Criminal code of 1995 . Art. 181 / Art. 182 / Art. 183
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