Andalucía is governed by federal Spain law. Learn more
- 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
Andalucía is missing public opinion data.
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Homosexual activity in Andalucía 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 Andalucía 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 Andalucía 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 Andalucía 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 Andalucía 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 Andalucía 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 Andalucía 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 Andalucía 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 Andalucía is legal.
Current status
Since Jul 3, 2005
Since Jul 3, 2005
Legal
Included in equal marriage legislation
Blood donations by MSMs in Andalucía 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 Andalucía 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.
Equality Index ?
N/A
There is not enough information on Andalucía for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Andalucía to help improve its accuracy.
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