- 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
Public Opinion
Recent surveys in Spain indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
OPPOSE
SUPPORT
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 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.
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.
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
- Asturias, Principado de (autonomous community)
- Cantabria (autonomous community)
- Castilla y León (autonomous community)
- Castilla-La Mancha (autonomous community)
- Catalunya (autonomous community)
- Extremadura (autonomous community)
- Galicia (autonomous community)
- Illes Balears (autonomous community)
- Madrid, Comunidad de (autonomous community)
- Murcia, Región de (autonomous community)
- Navarra, Comunidad Foral de (autonomous community)
- País Vasco (autonomous community)
- Valenciana, Comunidad (autonomous community)
- La Rioja (autonomous community)
- Andalucía ()
- Canarias ()
- Aragón ()
- Ceuta (Autonomous city)
- Melilla (Autonomous city)
Equality Rank
#21
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Alternative names: España (local name)
