LGBT Rights in Spain

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

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

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.

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 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."

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Legal recognition of non-binary gender in Spain

Legal recognition of non-binary gender in Spain is intersex only.

Current status
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.

Details · Accurate? Yes No

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.

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 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.

Details · Accurate? Yes No

Nov 23, 1995–Jun 30, 2022

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