LGBT rights in Spain
Lesbian, gay, bisexual, and transgender (LGBT) rights in Spain rank among the highest in the world, having undergone significant advancements within recent decades.[1][2] Among ancient Romans in Spain, sexual interaction between men was viewed as commonplace,[3] but a law against homosexuality was promulgated by Christian emperors Constantius II and Constans, and Roman moral norms underwent significant changes leading up to the 4th century. Laws against sodomy were later established during the legislative period. They were first repealed from the Spanish Code in 1822, but changed again along with societal attitudes towards homosexuality during the Spanish Civil War and Francisco Franco's regime.[4]
LGBT rights in Spain
Legal since 1979, age of consent equalized
Transgender persons allowed to change legal gender without prior sex reassignment surgery and sterilisation
LGBT people allowed to serve
Sexual orientation and gender identity protections
Full adoption rights since 2005
Throughout the late-20th century, the rights of the LGBT community received more awareness and same-sex sexual activity became legal once again in 1979 with an equal age of consent to heterosexual intercourse. After recognising unregistered cohabitation between same-sex couples countrywide and registered partnerships in certain cities and communities since 1998 and 2003, Spain legalised both same-sex marriage and adoption rights for same-sex couples in 2005. Transgender individuals can change their legal gender without the need for sex reassignment surgery or sterilisation. Discrimination in employment regarding sexual orientation has been banned nationwide since 1995. A broader law prohibiting discrimination based on sexual orientation and gender identity in employment and provision of goods and services nationwide was passed in 2022. LGBT people are allowed to serve in the military and MSMs can donate blood since 2005.
Spain has been recognised as one of the most culturally liberal and LGBT-friendly countries in the world and LGBT culture has had a significant role in Spanish literature, music, cinema and other forms of entertainment as well as social issues and politics. Public opinion on homosexuality is noted by pollsters as being overwhelmingly positive, with a study conducted by the Pew Research Center in 2013 indicating that more than 88 percent of Spanish citizens accepted homosexuality, making it the most LGBT-friendly of the 39 countries polled. LGBT visibility has also increased in several layers of society such as the Guardia Civil, army, judicial, and clergy. However, in other areas such as sports, the LGBT community remains marginalised.[5] Spanish film directors such as Pedro Almodóvar have increased awareness regarding LGBT tolerance in Spain among international audiences. In 2007, Madrid hosted the annual Europride celebration and hosted WorldPride in 2017. The cities of Barcelona and Madrid also have a reputation as two of the most LGBT-friendly cities in the world.[6] Gran Canaria is also known worldwide as an LGBT tourist destination.[7]
Law regarding same-sex sexual activity[edit]
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]
Adoption and parenting[edit]
Adoption by same-sex couples has been legal nationwide in Spain since July 2005. Some of Spain's autonomous communities had already legalised such adoptions beforehand, notably Navarre in 2000, the Basque Country in 2003, Aragon in 2004, Catalonia in 2005 and Cantabria in 2005.[48][49] Furthermore, in Asturias, Andalusia and Extremadura, same-sex couples could jointly begin procedures to temporarily or permanently take children in care.
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]
Public opinion[edit]
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]