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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 and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Recent surveys in Spain indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.

History

Homosexual activity in Spain

?

Homosexual activity in Spain is legal.

Current status
Since 1979
Legal
In 1979 Adolfo Su√°rez 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.
Added by owenblacker  ·  1 accurate vote  ·  Report Error  ·  Log
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.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Spain

?

Same-sex marriage in Spain 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.
Added by owenblacker  ·  1 accurate vote  ·  Report Error  ·  Log

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.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

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.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Spain

?

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

Current status
Since Dec 22, 2022
Legal, surgery not required
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."
Added by Humarezft  ·  1 accurate vote  ·  Report Error  ·  Log

Nov 8, 2006–Dec 22, 2022
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.
Added by rafamoral  ·  1 accurate vote  ·  Report Error  ·  Log

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
Law 4/2023 modifies article 49 of Law 20/2011 of the Civil Registry to provide that, in the event that the birth report
indicates the intersex condition of the person born, the parents, by common agreement, may request that the mention of sex appear blank for a maximum period of one year. After the maximum period of one year, the mention of the. Sex will be mandatory and registration will have to be requested by the parents. There is no third sex option available in national documents.
Added by Humarezft  ·  1 accurate vote  ·  Report Error  ·  Log

Until Dec 22, 2022
Not legally recognized
Spain does not recognise non-binary gender identities. Proposed legislation that would have provided recognition was rejected in 2021.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

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.
Added by rafamoral  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Spain

?

LGBT employment discrimination in Spain 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.‚ÄĚ 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.
Added by Ro_Guy  ·  1 accurate vote  ·  Report Error  ·  Log

Nov 23, 1995–Jun 30, 2022
Sexual orientation only
Ley Org√°nica n√ļm. 10/1995, de 23 de noviembre, del C√≥digo Penal.
Added by jtmateos  ·  0 accurate votes  ·  Report Error  ·  Log

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
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Spain

?

Same-sex adoption in Spain is legal.

Current status
Since Jul 3, 2005
Legal
Included in equal marriage legislation
Added by owenblacker  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Spain

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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.
Added by owenblacker  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Spain

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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.
Sources:
Orden por la que se dictan las normas para el desarrollo y aplicaci√≥n del Decreto 1574/1975, de 26 de junio, por el que se regula la hemodonaci√≥n y los Bancos de Sangre. - boe.es/buscar/doc.php?id=BO…
Added by Azelius  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Spain

?

Conversion therapy in Spain is banned.

Current status
Since Dec 22, 2022
Banned
Trans law prohibits conversion therapy intended to change sexual orientation, gender identity or expression.
Added by Humarezft  ·  1 accurate vote  ·  Report Error  ·  Log

Until Dec 22, 2022
Varies by Region
Only in Madrid and Valencia. Nationwide Pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Spain

?

Equal age of consent in Spain 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
Added by rafamoral  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by province

View the LGBT laws in each individual province of Spain.