- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✖ Intersex only
- 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
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)
(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)
(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)
(18%) Disagree
Agree (60%)
"Should society accept homosexuality?" (2019) ?
Ranked #3 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)
(10%) No
Yes (89%)
Perceived prevalence of discrimination against transgender people (European Union) ?
Ranked #25 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(58%) Widespread
Rare (31%)
Acceptance of same-sex relationships (European Union) ?
Ranked #5 out of 28 regions surveyed. (Source: Eurobarometer, May 2019)
(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)
(8%) No
Yes (83%)
History
Homosexual activity in Spain is legal.
Current status
Since 1979
Since 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 Spain is legal.
Current status
Since Jul 3, 2005
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.
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.
Right to change legal gender in Spain is legal, surgery not required.
Current status
Since Dec 22, 2022
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."
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."
Legal recognition of non-binary gender in Spain is intersex only.
Current status
Since Dec 22, 2022
Since Dec 22, 2022
Intersex only
The trans law mentions that when registering the birth of the intersex newborn, the mention of the sex can be blank for a maximum period of one year (it also prohibits surgeries for intersex people up to 12 years of age).
This recognizes the rights of Intersex people, but there is still no recognition of any non-binary identity in official documents.
This recognizes the rights of Intersex people, but there is still no recognition of any non-binary identity in official documents.
LGBT discrimination in Spain is illegal.
Current status
Since Nov 23, 1995
Since Nov 23, 1995
Illegal
Art. 22.4 criminal code. In the current penal code is considered an aggravating.
LGBT employment discrimination in Spain is sexual orientation and gender identity.
Current status
Since Jun 30, 2022
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.
LGBT housing discrimination in Spain is sexual orientation and gender identity.
Current status
Since Nov 23, 1995
Since Nov 23, 1995
Sexual orientation and gender identity
Same-sex adoption in Spain is legal.
Current status
Since Jul 3, 2005
Since Jul 3, 2005
Legal
Included in equal marriage legislation
Blood donations by MSMs in Spain is legal.
Current status
Since Jun 11, 1976
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.
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.
Equal age of consent in Spain is equal.
Current status
Since Nov 23, 1995
Since Nov 23, 1995
Equal
Actually the criminal code in Spain is under review in order to increase the age of consent.
LGBT Rights by province
View the LGBT laws in each individual province of Spain.
- A Coruña
- Albacete
- Alicante
- Almería
- Asturias
- Badajoz
- Baleares
- Barcelona
- Burgos
- Cantabria
- Castellón
- Ciudad Real
- Cuenca
- Cáceres
- Cádiz
- Córdoba
- Girona
- Granada
- Guadalajara
- Guipúzcoa
- Huelva
- Huesca
- Jaén
- La Rioja
- Las Palmas
- León
- Lleida
- Lugo
- Madrid
- Murcia
- Málaga
- Navarra
- Ourense
- Palencia
- Pontevedra
- Salamanca
- Santa Cruz de Tenerife
- Segovia
- Sevilla
- Soria
- Tarragona
- Teruel
- Toledo
- Valencia
- Valladolid
- Vizcaya
- Zamora
- Zaragoza
- Álava
- Ávila
- Andalucía ()
- Canarias ()
- Ceuta (Autonomous city)
- Melilla (Autonomous city)