LGBT rights in Spain
LGBT rights in Spain | ||
---|---|---|
Adoption | Full adoption rights since 2005 |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Spain rank
Throughout the late-20th century, the rights of the
Spain has been recognised as one of the most
LGBT history in Spain
Roman Empire
The Romans brought, as with other aspects of their culture, their sexual morality to Spain.
Marriages between men occurred during the early Roman Empire.[
The first recorded marriage between two men occurred during the reign of Emperor Nero, who is reported to have married two other men on different occasions.[13] Roman Emperor Elagabalus is also reported to have done the same. Emperors who were universally praised and lauded by the Romans such as Hadrian and Trajan openly had male lovers, although it is not recorded whether or not they ever married their lovers. Hadrian's lover, Antinous, received deification upon his death and numerous statues exist of him today, more than any other non-imperial person.
Among the conservative upper Senatorial classes, status was more important than the person in any sexual relationship. Though, Roman citizens could penetrate non-citizen males, plebeian (or low class) males, male slaves, boys, eunuchs and male prostitutes just as easily as young female slaves, concubines and female prostitutes. However, no upper class citizen would allow himself to be penetrated by another man, regardless of age or status. He would have to play the active role in any sexual relationship with a man.[14] There was a strict distinction between an active homosexual (who would have sex with men and women) and a passive homosexual (who was regarded as servile and effeminate). This morality was in fact used against Julius Caesar, whose allegedly passive sexual interactions with the King of Bithynia, Nicomedes, were commented everywhere in Rome.[15] However, many people in the upper classes ignored such negative ideas about playing a passive role, as is proved by the actions of the Roman emperors Nero and Elagabalus.
In contrast to the Greeks, evidence for homosexual relationships between men of the same age exists for the Romans. These sources are diverse and include such things as the Roman novel Satyricon, graffiti and paintings found at Pompeii as well as inscriptions left on tombs and papyri found in Egypt. Generally speaking, however, a kind of pederasty (not unlike the one that can be found among the Greeks) was dominant in Rome. It is important to note, though, that even among heterosexual relationships, men tended to marry women much younger than themselves, usually in their early teens.
Lesbianism was also known,[3] in two forms. Feminine women would have sex with adolescent girls: a kind of female pederasty, and masculine women followed male pursuits, including fighting, hunting and relationships with other women.
The first law against same-sex marriage was promulgated by the Christian emperors
As a result of this, Roman morality changed by the 4th century. For example,
Three reasons have been given for this change of attitude. Procopius, historian at Justinian's court, considered that behind the laws were political motivations, as they allowed Justinian to destroy his enemies and confiscate their properties, and were hardly efficient stopping homosexuality between ordinary citizens.[19] The second reason, and perhaps the more important one, was the rising influence of Christianity in the Roman society, including the Christian paradigm about sex serving solely for reproduction purposes.[20] Colin Spencer, in his book Homosexuality: A History, suggests the possibility that a certain sense of self-preservation in the Roman society after suffering some epidemic such as the Black fever increased the reproductive pressure in individuals. This phenomenon would be combined with the rising influence of Stoicism in the Empire.[19]
In the Bible, homosexuality is condemned by Paul the Apostle in his epistle to the Romans.
And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet. Bible King James. Romans 1:27.
Eventually, the Church Fathers created a literary corpus in which homosexuality and sex were condemned most energetically, fighting against a common practice in that epoch's society.[21] On the other hand, homosexuality was identified with heresy, not only because of the pagan traditions, but also due to the rites of some gnostic sects or Manichaeism, which, according to Augustine of Hippo, practised homosexual rites.[19]
Kingdom of the Visigoths (418–718)
The
In the Early Middle Ages, attitudes toward homosexuality remained constant. There are known cases of homosexual behaviour which did not receive punishment, even if they were not accepted. For example, King Clovis I on his baptism day confessed to having relationships with other men; or Alcuin, an Anglo-Saxon poet whose verses and letters contain homoerotism.[19]
One of the first legal corpus that considered male homosexuality a crime in Europe was the
It was King Chindasuinth (642–653) who dictated that the punishment for homosexuality should be castration. Such a harsh measure was unheard of in Visigoth laws, except for the cases of Jews practising circumcision. After being castrated, the culprit was given to the care of the local bishop, who would then banish him. If he was married, the marriage was declared void, the dowry was returned to the woman and any possessions distributed among his heirs.[23]
Islamic Spain (718–1492)
The Muslims who invaded and successfully conquered the peninsula in the early 8th century had a noticeably more open attitude to homosexuality than their Visigothic predecessors. In the book Medieval Iberia: An Encyclopedia, Daniel Eisenberg describes homosexuality as "a key symbolic issue throughout the Middle Ages in Iberia", stating that in al-Andalus, homosexual pleasures were indulged in by the intellectual and political elite. There is significant evidence for this. Rulers, such as
Kingdom of Spain (1492–1812)
By 1492, the last Islamic kingdom in the Iberian Peninsula, the
First French Empire
In 1812, Barcelona was annexed into the First French Empire and incorporated into the First French Empire as part of the department Montserrat (later Bouches-de-l'Èbre–Montserrat), where it remained until it was returned to Spain in 1814. During that time same-sex sexual intercourse was legal in Barcelona.[26][27]
Kingdom of Spain (1814–1931)
In 1822, the
Second Spanish Republic
In 1932, same-sex sexual intercourse was again legalised in Spain.[28]
Francoist Spain
Between 1936 and 1939, right-wing, Catholic forces led by
However, in other cases, the harassment of gay, bisexual and transgender people was clearly directed at their sexual mores, and homosexuals (mostly men) were sent to special prisons called galerías de invertidos ("galleries of inverts"). Thousands of homosexual men and women were jailed, put in camps, or locked up in mental institutions under
However, in the 1960s, a clandestine gay scene began to emerge in
In 1970, Spanish law provided for a three-year prison sentence for those accused of same-sex sexual intercourse.[34]
Kingdom of Spain (1975–present)
Same-sex sexual intercourse was again legalised in Spain in 1979, and this remains its legal status today.[35]
In December 2001, the Spanish Parliament pledged to wipe clean the criminal records of thousands of gay and bisexual men and women who were jailed during Franco's regime. The decision meant that sentences for homosexuality and bisexuality were taken off police files.[36] Further reparations were made in 2008.[32]
Law regarding same-sex sexual activity
Same-sex sexual acts were technically lawful in Spain from 1822 to 1954, with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years 1928 and 1932. However, some homosexuals were arrested in the days of the Second Spanish Republic under the Ley de Vagos y Maleantes ("Vagrants and Common Delinquents Law"). Homosexual acts were made unlawful during Francisco Franco's time in power, first by an amendment to the aforementioned law in 1954, and later by the Ley de Peligrosidad y Rehabilitación Social ("Law on Danger and Social Rehabilitation") in 1970. In 1979, the Adolfo Suárez Government reversed the prohibition of homosexual acts.
A new penal code was introduced in Spain in 1995 which specified an age of consent of 12 for all sexual acts, but this was raised to 13 in 1999 and to 16 in 2015.[37][38][39]
Recognition of same-sex relationships
In 1994, the Ley de Arrendamientos Urbanos was passed, giving same-sex couples some recognition rights. These registries grant unmarried couples some benefits, but the effect is mainly symbolic.
Same-sex marriage and adoption were legalised by the Cortes Generales under the administration of Socialist Prime Minister José Luis Rodríguez Zapatero in 2005, making Spain the third country in the world to do so.[44][45]
Soon after the same-sex marriage bill became law, a member of the Guardia Civil, a military-police force, married his lifelong partner, prompting the organisation to allow same-sex partners to cohabitate in the barracks, the first police force in Europe to accommodate a same-sex partner in a military installation.[46][47]
Adoption and parenting
Since 2015, married lesbian couples can register both their names on their child(ren)'s certificates. This does not apply to cohabiting couples or couples in de facto unions, where the non-biological mother must normally go through an adoption process to be legally recognized as the child's mother.[50][51][52][53]
Lesbian couples and single women may access in vitro fertilisation (IVF) and assisted reproductive treatments. Prior to 2019, this was mostly in the private sector, where such treatments were much more expensive (around 7,500 euros for IVF). In 2018, following reports that Spain had one of the lowest birth rates in Europe (with reportedly more deaths than births in 2017), measures extending free reproductive treatments for lesbians and single women to public hospitals were announced. The measures took effect in January 2019.[54] Surrogacy is prohibited in Spain regardless of sexual orientation, though surrogacy arrangements undertaken overseas are usually recognized.[55]
In November 2021, an executive order was signed to allow free IVF treatment for single women and women in same-sex relationships throughout Spain. The right of single women and women in same-sex relationships to access IVF was enshrined in law as part of the "Trans Law" passed by congress on 16 February 2023.[56]
Discrimination protections
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.[57]
Prior to the Zerolo law, employment discrimination on the basis of
The autonomous community of Madrid[76] previously had a non-discrimination law, but it was repealed by a newly elected far-right government in 2023.[77]
Article 4(2) of the Workers' Statute (Spanish: Estatuto de los trabajadores)[a] reads as follows:[78]
In labour relations, workers have the right: ... not to be directly or indirectly discriminated in employment, or, once employed, discriminated by reason of sex, civil status, age within the limits set forth by this Law, racial or ethnic origin, social status, religion or convictions, political ideas, sexual orientation, membership or non-membership in a union, or for reasons of language within the Spanish State.
Discrimination in the provisions of goods and services based on sexual orientation and gender identity was not banned nationwide either. The aforementioned autonomous communities all ban such discrimination within their anti-discrimination laws.[65] Discrimination in health services and education based on sexual orientation and gender identity has been banned in Spain since 2011 and 2013, respectively.[65]
Ten autonomous communities also ban discrimination based on sex characteristics, thereby protecting intersex people from discrimination. These autonomous communities are Galicia (2014),[63] Catalonia (2014),[62] Extremadura (2015),[64] the Balearic Islands (2016),[70] Madrid (2016),[76] Murcia (2016),[68] Valencia (2017),[71] Navarre (2017),[79] Andalusia (2018),[80] and Aragon (2019).[72]
Bias-motivated speech and violence
Hate speech on the basis of both sexual orientation and gender identity has been banned since 1995.[65] Additionally, under the country's hate crime law, crimes motivated by the victim's sexual orientation or gender identity, amongst other categories, result in additional legal penalties.
The
Since January 2019, teachers and students in Madrid are obliged to report cases of bullying, including against LGBT students.[84]
Military service
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Lesbian, gay, bisexual and transgender people may serve openly in the Spanish Armed Forces.[85]
Transgender and intersex rights
In November 2006, the Zapatero Government passed a law that allows
A new bill was approved in June 2022 by the Spanish government that would allow trans people to "self-identify" their gender on national birth certificates and grant permission for people above 16 to change their gender without restrictions, and for people between 12 and 16 under certain conditions.[note 1][91][92][93] The bill was promoted by the left-wing Unidas Podemos party,[91] but its approval was initially delayed because the Spanish Socialist Workers' Party opposed, questioning the bill's treatment of transgender teenagers and expressing concerns that it may cause gender inequality. The dispute was resolved when Carmen Calvo, the then Vice President of the government, left the Executive.[93][91] Congress gave final approval to the bill on 16 February 2023 by a vote of 191–60 with 91 abstentions.[94]
Many of Spain's autonomous communities have their own laws which allow trans people to change their legal gender identity. Catalonia (since 2014), Andalucía (since 2014), Valencia (since 2014), Extremadura (since 2015), Balearic Islands (since 2016), Madrid (2016-2023), Murcia (since 2016), Navarre (since 2017), Aragón (since 2018), Basque Country (since 2019), Cantabria (since 2020), Canary Islands (since 2021), La Rioja (since 2022), and Castilla-La Mancha (since 2022) allow trans people to self-declare their gender identity. In Galicia, a gender change requires a medical diagnosis.[95]
In 2023, a new right-wing government in Madrid repealed several legal protections and recognitions for trans people. Trans people may now only have their legal gender updated on ID after it has been recognized on national documents.[96]
Intersex infants in Spain may not be given unnecessary medical interventions to have their sex characteristics altered after the passage of the Trans Law on 16 February 2023.[97] Previous to that, it had been banned in several autonomous communities: Andalusia,[80] Aragon,[72] the Balearic Islands,[70] Extremadura,[64] Madrid,[76] Murcia,[68] Navarre,[79] and Valencia.[71][98] Human rights groups consider these surgeries unnecessary and, they argue, should only be performed if the applicant consents to the operation (i.e. has reached the age of 18). In April 2019, the Catalan Department of Labor, Social Affairs and Families announced that official documents in Catalonia would include the option "non-binary" alongside male and female.[99]
Blood donation
Gay and bisexual men are allowed to donate blood in Spain. For anyone regardless of sexual orientation, the deferral period is six months following the start of a new sexual partnership.[100]
Conversion therapy
Congress passed a nationwide ban on conversion therapy as part of the "Trans Law" on 16 February 2023.[56] Previously, conversion therapy had been banned or restricted in several autonomous communities.
The autonomous community of Madrid approved a conversion therapy ban in July 2016.[76] The ban went into effect on 1 January 2017, and applies to medical, psychiatric, psychological and religious groups. In August 2016, an LGBT advocacy group brought charges under the new law against a Madrid woman who offered conversion therapy.[101] In September 2019, the woman was fined 20,000 euros.[102] In December 2023, a newly elected right-wing government repealed Madrid's conversion therapy ban in so far as it applies to trans people, and removed any penalties for conversion therapy.[103]
Murcia approved a conversion therapy ban in May 2016, which came into effect on 1 June 2016. Unlike the other bans, the Murcia ban only applies to health professionals.[68] Navarre, the Balearic Islands, and Catalonia have also passed similarly limited conversion therapy bans.[103]
Valencia banned the use of conversion therapies in April 2017.[71] Andalusia followed suit in December 2017, with the law coming into force on 4 February 2018.[80] In January 2019, Aragon made it an offense to promote and/or perform conversion therapy.[72] The autonomous communities of Canary Islands, Cantabria, Castilla-La Mancha and La Rioja also have conversion therapy bans.[103]
In April 2019, the Government of the Community of Madrid announced it was investigating the Roman Catholic Diocese of Alcalá de Henares for violating conversion therapy laws. This followed reports that a journalist named Ángel Villascusa posed as a gay man and attended a counselling service provided by the diocese. Villascusa alleged the bishop was running illegal conversion therapy sessions. The bishop was defended by the Catholic Church in Spain.[104][105] Minister of Health, Consumer Affairs and Social Welfare María Luisa Carcedo called for a nationwide ban on conversion therapy. She said, "they [the Church] are breaking the law therefore, in the first instance, these courses have to be completely abolished. I thought that, in Spain, accepting the various sexual orientations was assumed in all areas, but unfortunately we see that there are still pockets where people are told what their sexual orientation should be".[106][107]
LGBT rights movement in Spain
The first gay organisation in Spain was the Spanish Homosexual Liberation Movement (MELH, Movimiento Español de Liberación Homosexual, Moviment Espanyol d'Alliberament Homosexual), which was founded in 1970 in Barcelona. The group also established centers in Madrid and Bilbao. It disbanded in 1973 because of police pressure, but following Franco's death, several members of the group formed the Front d'Alliberament Gai de Catalunya (FAGC) in 1975 to continue campaigning for LGBT rights. Several more groups were established, including the Euskal Herriko Gay-Les Askapen Mugimendua in the Basque Country, the Frente Homosexual de Acción Revolucionaria in Madrid, and the Coordinadora de Frentes de Liberación Homosexual de Estado Español (COFLHEE), all three in 1977. On 28 June 1977, the FAGC organised the first gay demonstration in Spain in the city of Barcelona with about 4,000 to 5,000 participants. Police repressed the event, with several arrests and injuries. Exactly one year later, the Frente de Liberación Homosexual de Castilla held a demonstration in Madrid with about 10,000 people. Disagreement within these groups caused many to shut down; many members advocated a more "radical" movement with public demonstrations and many felt the organizations had failed to properly address or campaign for the rights of lesbians and bisexuals. LGBT groups saw an important landmark moment in 1979 with the decriminalisation of homosexuality.[108]
During the 1980s, several LGBT groups and magazines were launched in various cities. The
Nowadays, numerous pride parades and other LGBT festivals are held throughout Spain, including Madrid Pride, whose 2019 edition had 400,000 participants according to police,[109] Barcelona, Gran Canaria, Seville, Bilbao, A Coruña, Valencia, Zaragoza, Murcia, Palma de Mallorca, Cartagena, Valladolid, Benidorm, Ibiza, Sitges, Maspalomas, Torremolinos, and many more.[110]
Public opinion
Homosexuality and bisexuality today are greatly accepted all around the country and intensely in larger and medium cities. That being said, a certain level of discrimination can still be encountered in small villages and among some parts of society. A Eurobarometer survey published December 2006 showed that 66 percent of Spanish people surveyed supported same-sex marriage and 43 percent supported same-sex couples' right to adopt (EU-wide averages were 44 percent and 33 percent, respectively).[111]
On 4 March 2013, Interior Minister Jorge Fernández Díaz said that due to same-sex marriages the survival of the human species is not guaranteed.[112] He also stated that same-sex marriages should not have the same protection under the law as opposite-sex ones,[112] eight years after same-sex marriage was legalized.[113]
Among the countries studied by the Pew Research Center in 2013, Spain was rated first in acceptance of homosexuality, with 88% of Spaniards believing that homosexuality should be accepted by society, compared to 11% who disagreed.[114]
In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Spain was ranked 13th with a GHI score of 68.[115]
BuzzFeed conducted a poll in December 2016 across several countries on the acceptance of transgender individuals. Spain ranked the most accepting in most categories, with 87% of those polled believing transgender people should be protected from discrimination, and only 8% believing there is something mentally or physically wrong with them. In addition, 77% believed transgender people should be allowed to use the bathroom that matches their gender identity rather than being forced to use the one of their birth-assigned gender, with over 50% strongly agreeing with this.[116]
The 2015 Eurobarometer found that 84% of Spaniards thought that same-sex marriage should be allowed throughout Europe, 10% were against.[117] The 2019 Eurobarometer showed that 91% of Spaniards believed gay and bisexual people should enjoy the same rights as heterosexual people, and 86% supported same-sex marriage.[118]
The 2023 Eurobarometer found that 88% of Spaniards thought same-sex marriage should be allowed throughout Europe, and 89% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[119]
LGBT culture
Literature
At the beginning of the 20th century, Spanish authors, like Jacinto Benavente, Pedro de Répide and Antonio de Hoyos y Vinent, had to choose between ignoring the subject of homosexuality or representing it negatively. The only authors publishing literature with LGBT content were foreigners: Augusto d'Halmar from Chile published Pasión y muerte del cura Deusto, Alfonso Hernández Catá from Cuba published El ángel de Sodoma, and Alberto Nin Frías from Uruguay published La novela del renacimiento y otros relatos, La fuente envenenada, Marcos, amador de la belleza, Alexis o el significado del temperamento Urano and, in 1933, Homosexualismo creador, the first essay representing homosexuality in a positive light.[120]
Others, such as the authors of the
Authors that appear after the
No lesbian authors in Spain publicly acknowledged their homosexuality until the 1990s.
Cinema and television
Early representation of homosexuality in Spanish cinema was difficult due to censorship by the Franco regime. The first movie that shows any kind of homosexuality, very discreetly, was Diferente, a musical from 1961, directed by Luis María Delgado. Up to 1977, if homosexuals appeared at all, it was to ridicule them as the "funny effeminate faggot".[123]
During the
Beginning in 1985, homosexuality loses primacy on the plot, in spite of still being fundamental. This trend begins with
Undoubtedly, Spain's best-known LGBT person is Pedro Almodóvar. Almodóvar has often intertwined LGBT themes in his plots, and his films have turned him into one of the most renowned Spanish movie directors. Apart from Almodóvar, Ventura Pons and Eloy de la Iglesia are two film directors who have worked on more LGBT themes in their movies.[123] In September 2004, movie director Alejandro Amenábar publicly announced his homosexuality.
There have not been as many Spanish films with a lesbian plot. The most renown may be the comedy
The most-important LGBT film festivals are
In 2018, Ángela Ponce became the first transgender woman to win the Miss Universe Spain title,[125] and was the first transgender woman to contest for Miss Universe 2018.[126]
Music
During Franco's dictatorship, musicians seldom made any reference to homosexuality in their songs or in public speeches. An exception was the copla singer Miguel de Molina, openly homosexual and against Franco. De Molina fled to Argentina after being brutally tortured and his shows prohibited.[127] Another exception was Bambino, whose homosexuality was known in flamenco circles. Some songs from Raphael, as "Qué sabe nadie" ("What does anyone know") or "Digan lo que digan" ("Whatever they say"), have frequently been interpreted in a gay light.[128]
In 1974, the folk rock band Cánovas, Rodrigo, Adolfo y Guzmán talked about a lesbian relationship in the song "María y Amaranta" ("María and Amaranta"), that surprisingly was not censored. During the transition to democracy, the duo Vainica Doble sung about the fight of a gay man against the prejudices of his own family in the song "El rey de la casa" ("The king of the house").
Singer-songwriter Víctor Manuel has included LGBT subjects in several of his songs. In 1980, he released "Quién puso más" ("Who put more?"), a true love story between two men that ends after 30 years. He later mentioned transsexuality in his song "Como los monos de Gibraltar" ("As the monkeys in Gibraltar"), feminine homosexuality in "Laura ya no vive aquí" ("Laura doesn't live here any more") and bisexuality in "No me llames loca" (Don't call me fool/queen).
It was not until the
At the end of the 1980s,
At the beginning of the 1990s, new singer-songwriters also took up the subject, especially Inma Serrano, Javier Álvarez, and Andrés Lewin, but also Pedro Guerra in his song "Otra forma de sentir" ("Another way of feeling") or Tontxu in "¿Entiendes?" ("Do you understand?"). Other artists with diverse styles also used the theme, as "El cielo no entiende" ("Heaven doesn't understand") by OBK, "Entender el amor" ("Understand love") by Mónica Naranjo, "El día de año nuevo" ("New Year's Day") by Amaral, "Eva y María" by Materia Prima, "Sacrifícate" by Amistades Peligrosas, "La revolución sexual" by La casa azul, "Ángeles" by Merche, "Como una flor" by Malú, "Da igual" by Taxi, "El que quiera entender que entienda" by Mägo de Oz, etc.[129]
Politics
Several openly gay politicians have served in public office in Spain. One of the most prominent gay politicians is Jerónimo Saavedra, who served as President of the Canary Islands twice from 1982 to 1987 and again from 1991 to 1993. Saavedra came out as gay in 2000. He served as a member of the Senate until 2004, and was Mayor of Las Palmas from 2007 to 2011.[131] Another prominent gay politician and activist was Pedro Zerolo, who served on the City Council of Madrid until his death in June 2015. Zerolo was known for his LGBT activism and was one of the biggest promoters of the law extending the right to marriage to same-sex couples, leading many to label him a gay icon.
Others include
Ada Colau, elected Mayor of Barcelona in 2015, revealed her bisexuality in December 2017.[134] Other Catalan gay politicians include Antoni Comín, Santi Vila and Miquel Iceta.
Carla Antonelli, Víctor Casco, Iñigo Lamarca, Fran Ferri, Jesús Vázquez Abad, Iñaki Oyarzábal, Empar Pineda and Luis Alegre Zahonero are other openly LGBT politicians, variously serving as mayors or members of regional legislatures.[135] In 2007, Manuela Trasobares won a seat as a councillor in the small Valencian town of Geldo, becoming the first openly transgender Spaniard to hold public office.[136]
Sports
Sports is traditionally a difficult area for LGBT visibility. Recently though, there have been professional sportswomen and sportsmen who have come out. These include Mapi León and Ana Romero in football, Víctor Gutiérrez in waterpolo, Carlos Peralta in swimming, Marta Mangué in handball, Javier Raya in figure skating and Miriam Blasco in judo.
In February 2019, the far-right party Vox vetoed a motion calling for an official stance against homophobia in sports. The motion, supported by every other political party, required unanimity to be adopted.[137]
Summary table
Right | Status |
---|---|
Same-sex sexual activity legal | (Since 1979) |
Equal age of consent (16) | (Since 1995) |
Anti-discrimination laws in employment | (Since 1995) |
Anti-discrimination laws in the provision of goods and services | (Since 2022) |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 1995) |
Anti-discrimination laws concerning gender identity | (Since 2022) |
Same-sex marriage | (Since 2005) |
Recognition of same-sex couples (e.g. unregistered cohabitation, life partnership)
|
(Since 1998 in some autonomous communities, since 2018 nationwide) |
Stepchild adoption by same-sex couples | (Since 2000 in some autonomous communities, since 2005 nationwide) |
Joint adoption by same-sex couples
|
(Since 2000 in some autonomous communities, since 2005 nationwide) |
Automatic parentage presumption on birth certificates for children of same-sex couples
|
(Since 2015) |
LGBT people allowed to serve openly in the military | |
Right to change legal gender on documents or forms by way of self-determination and without SRS or sterilization | (Since 2023) |
Automatic parental leave for both spouses after birth | (Since 2006) |
Access to IVF treatment for everyone
|
(Since 2021 nationwide by executive order, since 2023 by law)[138] |
Conversion therapy banned by law nationwide | (Since 2023) |
Intersex minors protected from invasive surgical procedures by law nationwide | (Since 2023) |
Non-binary gender recognition | But some cases have made their way to a jury and the case won, so now some people have an X instead of a M (mujer) or H (hombre) in their personal ID (Spanish DNI) |
Commercial surrogacy for gay male couples | (Not allowed regardless of sexual orientation) |
MSMs allowed to donate blood | (Since 2005) |
Notes
- ^ Teenagers between 14 and 16 could do so by requesting approval from their parents (or from a judge if they cannot agree); teenagers between 12 and 14 would require judicial authorisation.
See also
- COGAM
- Human rights in Spain
- Same-sex marriage in Spain
- First same-sex marriage in Spain
- LGBT history in Spain
- LGBT rights in Europe
- LGBT rights in the European Union
References
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- ^ Martial Epigrams 1.24, 12.42
- ^ Martial, 3.71.
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