LGBT Rights in Spain

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✔ Legal, surgery not required
Non-binary gender recognition: ✖ Not legally recognized
Discrimination: ✔ Illegal
Employment Discrimination: Sexual orientation only
Housing Discrimination: ✔ Sexual orientation and gender identity
Adoption: ✔ Legal
Military: ✔ Legal
Donating Blood: ✔ Legal
Conversion Therapy: Varies by Region
Age of Consent: ✔ Equal

Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #3 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(5%) Against

Support (84%)

Views on same-sex couples' right to adopt

Ranked #4 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(17%) Disagree

Agree (77%)

Acceptance of homosexuals as neighbors

Ranked #20 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?"

(12.7%) Mentioned homosexuals

Did not mention homosexuals (85.8%)

Justifiability of homosexuality

Ranked #13 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between."

(16.2%) Not justifiable

Justifiable (60.2%)

Opinion on same-sex couples as parents

Ranked #12 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)

Question: "Homosexual couples are as good parents as other couples"

(18%) Disagree

Agree (60%)

"Should society accept homosexuality?" (2019)

Ranked #3 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)

Question: "Should society accept homosexuality?"

(10%) No

Yes (89%)

Perceived prevalence of discrimination against transgender people (European Union)

Ranked #25 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)

Question: "For each of the following types of discrimination, could you please tell me whether, in your opinion, it is very widespread, fairly widespread, fairly rare or very rare in (OUR COUNTRY)? Discrimination on the basis of: Being transgender"

(58%) Widespread

Rare (31%)

Acceptance of same-sex relationships (European Union)

Ranked #5 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)

Question: "To what extent do you agree or disagree with each of the following statements?: There is nothing wrong in a sexual relationship between two persons of the same sex"

(8%) Disagree

Agree (89%)

Perceived prevalence of discrimination against sexual orientation (European Union)

Ranked #18 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)

(54%) Widespread

Rare (43%)

Support for transgender people changing legal gender (European Union)

Ranked #1 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)

Question: "Do you think that transgender persons should be able to change their civil documents to match their inner gender identity?"

(8%) No

Yes (83%)

History

Homosexual activity in Spain

Homosexual activity in Spain 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.

Details · Accurate? Yes No

1954–1979

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.

Details · Accurate? Yes No

Same-sex marriage in Spain

Same-sex marriage in Spain is legal.

Current status
Since Jul 3, 2005

Legal

Spain legalised same-sex marriage in 2005, making them the third country to do so.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Censorship of LGBT Issues in Spain

Censorship of LGBT Issues in Spain is no censorship.

Current status

No censorship

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

Details · Accurate? Yes No

Right to change legal gender in Spain

Right to change legal gender in Spain is legal, surgery not required.

Current status
Since Nov 8, 2006

Legal, surgery not required

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.

Details · Accurate? Yes No

Legal recognition of non-binary gender in Spain

Legal recognition of non-binary gender in Spain is not legally recognized.

Current status

Not legally recognized

Spain does not recognise non-binary gender identities. Proposed legislation that would have provided recognition was rejected in 2021.

Details · Accurate? Yes No

LGBT discrimination in Spain

LGBT discrimination in Spain is illegal.

Current status
Since Nov 23, 1995

Illegal

Art. 22.4 criminal code. In the current penal code is considered an aggravating.

Details · Accurate? Yes No

LGBT employment discrimination in Spain

LGBT employment discrimination in Spain is sexual orientation only.

Current status
Since Nov 23, 1995

Sexual orientation only

Ley Orgánica núm. 10/1995, de 23 de noviembre, del Código Penal.

Details · Accurate? Yes No

LGBT housing discrimination in Spain

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

Current status
Since Nov 23, 1995

Sexual orientation and gender identity

Details · Accurate? Yes No

Same-sex adoption in Spain

Same-sex adoption in Spain is legal.

Current status
Since Jul 3, 2005

Legal

Included in equal marriage legislation

Details · Accurate? Yes No

Serving openly in military in Spain

Serving openly in military in Spain 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.

Details · Accurate? Yes No

Blood donations by MSMs in Spain

Blood donations by MSMs in Spain 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.

Details · Accurate? Yes No