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.

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.

In Spain, there are no laws restricting to discussion or promotion of LGBTQ+ topics.

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."

Healthcare in Spain is a devolved power between different regions. For most of the nation, transgender healthcare is legal and accessible but in other parts of the nation such as in Castilla y León, governed by Vox, a far right political party, there is no guarantee that minors will be provided with transgender healthcare as it is a decision that is relies on the opinion of the family doctor of the minor.

Spain does not provide recognition for non-binary, and intersex people on a national level. However, three provinces have introduced such recognition: Canarias, La Rioja, and Navarra. Navarra became the first on June 29th, 2017, when Law No. 8 (2017) went into effect. Article 44 (1) and (2) state 1. "The Public Administrations of Navarra, within the scope of their powers, must adopt all the necessary measures so that the administrative documentation, in all the areas contemplated in this provincial law, is appropriate to the diversity of sexual or gender identity of LGTBI+ people and the heterogeneity of the family situation."

2. "Likewise, it must be guaranteed, in access to public services and benefits, that transsexual, transgender and intersex people can be named and treated according to the sex or gender with which they identify (be it man, woman or another )."

The new Zerolo law, passed on June 30th, prohibits discrimination federally on the basis of sexual orientation or 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.

Spain's Zerolo law protects LGBT people from housing discrimination.

Included in equal marriage legislation

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.

As of 2009, the courts also ruled that transgender individuals are also permitted to serve in the military.

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.

Spanish law prohibits conversion therapy intended to change sexual orientation, gender identity or expression.

Actually the criminal code in Spain is under review in order to increase the age of consent.