Does spain recognize gay marriage
Spanish parliament legalizes homosexual marriage
Spain became the third country to legalize gay marriage Thursday in a parliament vote that left gay activists blowing kisses to lawmakers and the powerful Catholic Church issuing veiled calls for defiance.
The brand-new law increases the chances of happiness for "our neighbors, our work colleagues, our friends, our relatives," said Prime Minister Jose Luis Rodriguez Zapatero.
The 350-seat Congress of Deputies, by a vote of 187-147 with four abstentions, approved the measure to give homosexual couples the same rights as heterosexual ones, including the right to adopt children.
After the tally was announced, activists watching from the spectator section of the ornate chamber cried, cheered, hugged each other, waved to lawmakers and blew them kisses.
"This is a disgrace," shouted several members of the conservative disagreement Popular Party, which vehemently opposed the bill. Those in favor stood and clapped.
‘Historic day’
Outside the stately 19th-century chamber where other chapters of Spanish history have been written, activists jumped for joy and waved rainbow flags symbolizing the international lgbtq+ rights movement.
"It is a historic
In 2005, Law No. 13 amended the Spanish Civil Code to authorize for same-sex marriage. More than 50 Deputies of the Popular Party brought a claim before the Tribunal Constitutonal, which alleged the violation of, inter alia, Article 32 of the Spanish Constitution. According to this provision, men and women have the right to marry. The Tribunal Constitucional (http://hj.tribunalconstitucional.es/HJ/es/Resolucion/Show/23106)followed an evolutionary interpretation of the Constitution, holding that its Article 32 did not prevent the legislator from passing a law such as the one in ask. The Court indicated that the recognition of same sex marriage was a legislative option supported by the principle of equality; nevertheless, it failed to ground its decision upon the right to non-discrimination on the basis of sexual orientation.
In decree to support its conclusion, the Tribunal Constitucional made use of comparative law, by making reference to the legislation and court decisions in other countries. The Tribunal initially referred to a Privy Council precedent solely to borrow the image of the Constitution as a “growing tree” (Edwards v A.G. Canada
Recent surveys in Spain indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
Survey results from 35 LGBTQ+ Equaldex users who lived in or visited Spain.
Perceived Safety*Absence of verbal harassmentAbsence of threats and violence*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal TreatmentTreatment by general publicTreatment by law enforcementTreatment by religious groups
Visibility & RepresentationRepresentation in entertainment
CultureInterest groups and clubs
ServicesSupport and social services
History
Homosexual activity in Spain
?Homosexual activity in Spain is legal.
Censorship of LGBT issues in Spain
?Censorshi
Same-sex marriage in Spain and the possibility of getting married before a notary public today.
1.- RENUNCIATION OF INHERITANCE AND VULGAR SUBSTITUTION. IF THE TESTAMENTARY DESIGNATION TO THE SUBSTITUTES IS GENERIC ("CHILDREN" OR "DESCENDANTS"), WITH THE SIMPLE Confirmation THAT THESE DO NOT EXIST, IT IS ENOUGH TO FORMALIZE THE RENUNCIATION AND SUBSEQUENT ADJUDICATION TO WHOM IT CORRESPONDS:
Attached (HERE) the Resolution of the DGSJFP of October 30, 2023 (BOE of November 22, 2023), where the DG resolves a case of an acceptance of inheritance of a female, deceased widow, with two daughters, whom, in her will, she designated as heirs in equal parts, with vulgar substitution by their respective children or descendants. When the acceptance of the inheritance is formalized, one of the sisters renounces to the inheritance, and in the deed, the renouncing one simply states that she has no children or descendants (without proving it in any way), so that the other sister is awarded the whole inheritance. The Registrar denies the registration because he understands that the non-existence of children or descendants must be accredited (by notoriety deed or by any means valid in L
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to enable movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in 2025
Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.