Same-sex marriage in Spain

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Spain since July 3, 2005. In 2004, the nation's newly elected government, led by Prime Minister José Luis Rodríguez Zapatero of the Socialist Workers' Party, began a campaign to legalize same-sex marriage, including the right of adoption by same-sex couples.[1] After much debate, a law permitting same-sex marriage was passed by the Cortes Generales (the Spanish Parliament, composed of the Senate and the Congress of Deputies) by a vote of 187–147 on June 30, 2005, and published on July 2. The law took effect the next day,[2] making Spain the third country in the world to allow same-sex couples to marry on a national level, after the Netherlands and Belgium, and 17 days ahead of the right being extended across all of Canada.

Roman Catholic authorities were adamantly opposed, criticising what they regarded as the weakening of the meaning of marriage, despite support from 66% of the population.[3][4] Other associations expressed concern over the possibility of lesbian and gay couples adopting children.[5] After its approval, the conservative People's Party challenged the law in the Constitutional Court.[6]

Approximately 4,500 same-sex couples married in Spain during the first year of the law.[7] Shortly after the law was passed, questions arose about the legal status of marriages to non-Spaniards whose countries did not permit same-sex marriage. A decision from the Justice Ministry stated that the country's same-sex marriage law allows a Spanish citizen to marry a non-Spaniard regardless of whether that person's homeland recognizes the union.[8] At least one partner must be a Spanish citizen in order to marry, although two non-Spaniards may marry if they both have legal residence in Spain.

The November 2011 general election delivered a landslide victory to the People's Party, whose leader Mariano Rajoy said he opposed same-sex marriage, but any decision about repealing the law would be made only after the ruling of the Constitutional Court.[9][10][11] On November 6, 2012, the law was upheld by the court with 8 support votes and 3 against.[12][13][14] Minister of Justice Alberto Ruiz-Gallardón announced that the government will abide by the ruling and the law will not be repealed.[15][16][17]

  1. ^ "Spain's new government to legalize gay marriage". SignonSanDiego.com. Reuters. April 15, 2004. Archived from the original on March 4, 2009. Retrieved December 14, 2009.
  2. ^ "Spain approves liberal gay marriage law". St. Petersburg Times. July 1, 2005. Archived from the original on November 7, 2014. Retrieved January 8, 2007.
  3. ^ Cite error: The named reference PlanOut was invoked but never defined (see the help page).
  4. ^ "Spanish bishops decry legislation weakening marriage". Catholic World News. July 20, 2005. Archived from the original on June 12, 2012. Retrieved January 11, 2007.
  5. ^ "Manifiesto del Foro de la Familia" (in Spanish). 20 Minutos.es. June 18, 2005. Archived from the original on July 2, 2016. Retrieved January 12, 2007.
  6. ^ Thornberry, Malcolm (October 28, 2005). "Spain's Highest Court Agrees To Hear Gay Marriage Challenge". 365gay.com. Archived from the original on October 31, 2005. Retrieved January 25, 2007.
  7. ^ "Conservative mayor presides over gay wedding". Euronews. July 30, 2006. Archived from the original on March 15, 2011. Retrieved October 13, 2009.
  8. ^ "Spain's same-sex marriage law applies to foreigners". Advocate.com. Reuters. August 9, 2005. Archived from the original on July 20, 2012. Retrieved December 22, 2006.
  9. ^ "Spain gay rights and abortion activists fear backlash". BBC. November 25, 2011. Archived from the original on October 4, 2018. Retrieved November 28, 2011.
  10. ^ "Factbox: Policies of Spain's People's Party". Reuters. November 20, 2011. Archived from the original on March 6, 2016. Retrieved November 28, 2011.
  11. ^ "Mariano Rajoy, New Spain Prime Minister, Opposes Same-Sex Marriage Law". Huffington Post. November 28, 2011. Archived from the original on October 10, 2017. Retrieved November 28, 2011.
  12. ^ Morris, Iciar Reinlein (November 6, 2012). "Same-sex marriage upheld by Spain's highest court". Reuters. Archived from the original on October 25, 2020. Retrieved May 29, 2020 – via uk.reuters.com.
  13. ^ Internet, Unidad Editorial. "Amplio respaldo del Tribunal Constitucional al matrimonio homosexual". www.elmundo.es. Archived from the original on August 21, 2018. Retrieved May 29, 2020.
  14. ^ "SENTENCIA" (PDF). Archived from the original (PDF) on November 19, 2012.
  15. ^ Internet, Unidad Editorial. "Gallardón no tocará la ley vigente". www.elmundo.es. Archived from the original on August 5, 2018. Retrieved May 29, 2020.
  16. ^ "Gallardón: "No modificaré la ley y la dejaré exactamente como está"". El País. November 7, 2012. Archived from the original on October 1, 2017. Retrieved May 29, 2020 – via elpais.com.
  17. ^ Cuatro/Agencias, Noticias (November 6, 2012). "El Gobierno mantendrá el matrimonio homosexual tal y como lo ha validado el TC". cuatro. Archived from the original on August 5, 2018. Retrieved May 29, 2020.