Same-sex marriage in Spain 768773 223912296 2008-07-06T13:53:57Z Raystorm 1032784 /* Marriage statistics */ + image {{Infobox Legislation | Name = Same-sex marriage in Spain | Parliament/Congress/Senate it was passed in = [[Cortes Generales|Spanish Parliament]] | Logo of that parliament or congress = | longtitle = [http://www.unex.es/unex/gobierno/direccion/vicedoc/archivos/ficheros/igualdad/legislacion/ley13_2005.pdf ''Ley 13/2005 por la que se modifica el Código Civil en materia de derecho a contraer matrimonio.'' ] (Law 13/2005 that amends the Civil Code regarding the right to contract marriage) | introducedby = [[Prime Minister of Spain|President]] [[José Luis Rodríguez Zapatero]] ([[Spanish Socialist Workers' Party|PSOE]]) | datepassed = [[30 June]] [[2005]] | datesigned = [[1 July]] [[2005]] | relatedlegislation = Spanish [[Civil Code]] Law on Assisted Reproduction | tablewidth = 250}} '''Same-sex marriage in Spain''' was legalized in 2005. In 2004, the nation's newly elected [[Spanish Socialist Workers' Party|Socialist]] government, led by [[Prime Minister of Spain|President]] [[José Luis Rodríguez Zapatero]], began a campaign for its legalization, which would include [[LGBT adoption|adoption by same-sex couples]].<ref name="SOD">{{cite web | title = Spain's new government to legalize gay marriage | work = Reuters | publisher = SignonSanDiego.com | date = [[2004-04-15]] | url = http://www.signonsandiego.com/news/world/20040415-0750-spain-marriage.html| accessdate = 2007-01-25}}</ref> After much debate, a law permitting [[same-sex marriage]] was passed by the ''[[Cortes Generales]]'' ([[Spain]]'s [[bicameralism|bicameral parliament]], composed of the [[Spanish Senate|Senate]] and the [[Spanish Congress of Deputies|Congress of Deputies]]) on [[30 June]] [[2005]] and published on [[2 July]] [[2005]]. Same-sex marriage officially became legal in Spain on Sunday, [[3 July]] [[2005]].<ref name="SPTimes">{{cite news | title = Spain approves liberal gay marriage law | publisher = [[St. Petersburg Times]] | date = [[2005-07-01]] | url = http://www.sptimes.com/2005/07/01/Worldandnation/Spain_approves_libera.shtml | accessdate = 2007-01-08}}</ref> The ratification of this law has not been devoid of conflict, despite support from 66% of the population.<ref name=PlanOut>{{cite web| last = Giles| first = Ciaran| title = Spain: Gay marriage bill clears hurdle| publisher = Planetout.com| date = [[2005-04-21]]| url = http://www.planetout.com/news/article.html?2005/04/21/5 | accessdate = 2006-12-22}}</ref> [[Roman Catholicism in Spain|Roman Catholic]] authorities in particular were adamantly opposed to it, criticising what they regarded as the weakening of the meaning of marriage.<ref name="CatholicWN">{{cite web | title = Spanish bishops decry legislation weakening marriage | publisher = Catholic World News | date = [[2005-07-20]] | url = http://www.cwnews.com/news/viewstory.cfm?recnum=38522 | accessdate = 2007-01-11}}</ref> Other associations expressed concern over the possibility of lesbians and gays adopting children.<ref name="20minutos">{{cite web | language=Spanish |title = Manifiesto del Foro de la Familia | publisher = 20 Minutos.es | date = [[2005-06-18]] | url = http://www.20minutos.es/noticia/32527/0/manifiesto/foro/familia/ | accessdate = 2007-01-12}}</ref> [[Demonstration (people)|Demonstrations]] for and against the law drew thousands of people from all parts of Spain. After its approval, the [[Conservatism|conservative]] [[People's Party (Spain)| People's Party]] challenged the law in the [[Constitutional Court of Spain|Constitutional Court]].<ref>{{cite web | last= Thornberry | first= Malcolm | title = Spain's Highest Court Agrees To Hear Gay Marriage Challenge| publisher = 365gay.com | date = [[2005-10-28]] | url = http://www.365gay.com/newscon05/10/102805spain.htm | accessdate = 2007-01-25}}</ref> Approximately 4,500 same-sex couples married in Spain during the first year of the law.<ref>{{cite web | title = Conservative mayor presides over gay wedding | publisher = Euronews | date = [[2006-07-30]] | url = http://euronews.net/create_html.php?page=detail_info&article=372562&lng=1 | accessdate = 2007-01-26}}</ref> Shortly after the law was passed, questions arose about the [[legal status]] of marriage to non-Spaniards whose country did not permit same-sex marriage. A [[court ruling|ruling]] 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 [[nationality|homeland]] recognizes the partnership.<ref name="advocate">{{cite web | title = Spain's same-sex marriage law applies to foreigners | publisher = Advocate.com | work=Reuters | date = [[2005-08-09]] | url = http://www.advocate.com/news_detail_ektid19523.asp | accessdate = 2006-12-22}}</ref> At least one partner must be a Spanish citizen to marry, although two non-Spaniards may marry if they both have legal [[Permanent residency|residence]] in Spain. ==History== [[Image:Same-sex marriage celebration Spain.jpg|right|thumb|A celebration occurred at the Spanish Congress the day the same-sex marriage law was approved.]] During the 1990s, several city councils and [[autonomous communities of Spain|autonomous communities]] had open registers for [[civil union]]s that allowed benefits for unmarried couples of any sex, although their effect was mainly symbolic.<ref name="equality">{{cite web |title = EQUALITY FOR LESBIANS AND GAY MEN A relevant issue in the civil and social dialogue | publisher = THE INTERNATIONAL LESBIAN AND GAY ASSOCIATION | date = 1998-06 | url = http://www.steff.suite.dk/report.htm| accessdate = 2007-01-25}}</ref> By then, Spanish law already allowed [[single (relationship)|single]] people to adopt children. Thus, a same-sex couple could undertake a [[de facto]] adoption, but the partner who was not the legal parent had no rights if the relationship ended or the legal parent died.<ref name="equality"/> Same-sex marriages were illegal in autonomous communities, because the [[Spanish Constitution of 1978|Spanish Constitution]] gives the State sole power to legislate marriage in Spain.<ref name="equality">{{cite web| title = World legal survey:Spain | publisher = The International Lesbian and Gay Association | url = http://www.ilga.info/Information/Legal_survey/europe/spain.htm | accessdate = 2007-01-25}}</ref> On [[30 June]] [[2004]], Minister of Justice [[Juan Fernando López Aguilar]] announced that the [[Spanish Congress of Deputies|Congress of Deputies]] had provisionally approved a government plan for legislation to extend the right of marriage to same-sex couples. This would fulfill a promise made by [[Prime Minister of Spain|President]] [[José Luis Rodríguez Zapatero]] at his inauguration.<ref name="SOD"/> López Aguilar also announced two propositions, introduced by the regional [[Convergència i Unió]] party of [[Catalonia]]. One introduced [[legal status]] for both opposite- and same-sex [[common-law marriage|common-law unions]] (''parejas de hecho'', "de facto unions"), while the other permitted [[transgender]]ed people to legally [[name change|change their name]] and sex designation without the requirement of [[sex reassignment surgery|surgery]].<ref name="Advocate">{{cite web| title = Spanish lawmakers approve bill to let transsexuals change gender without surgery | publisher = Advocate.com| date = [[2006-11-09]] | url = http://www.advocate.com/news_detail_ektid39287.asp| accessdate = 2007-01-25}}</ref> The bill regarding same-sex marriage was approved by the [[Council of Ministers of Spain|Cabinet]] on [[1 October]] [[2004]]. It was submitted to Parliament on [[31 December]],<ref>{{cite web| last = Goodman| first = Al| title = Spain moves closer on gay marriage| publisher = CNN| date = [[2004-10-01]]| url = http://edition.cnn.com/2004/WORLD/europe/10/01/spain.gays/index.html| accessdate = 2007-01-25}}</ref> and passed by the Congress of Deputies on [[21 April]] [[2005]].<ref>{{cite web| last = Thornberry| first = Malcolm| title = Same-Sex Marriage Passes First Big Hurdle In Spain| publisher = 365GAY.com Inc.| date = [[2005-04-21]]| url = http://www.365gay.com/newscon05/04/042105spain.htm| accessdate = 2006-12-20}}</ref><ref>{{cite web| title = Spain paves way for gay marriage| publisher = BBC News| date = [[2005-04-21]]| url = http://news.bbc.co.uk/1/hi/world/europe/4469653.stm| accessdate = }}</ref> However, the bill was rejected on [[22 June]] [[2005]] by the Senate, where the opposition [[People's Party (Spain)|People's Party]] held a plurality of the seats.<ref>{{cite web| title = Spain Senate rejects same-sex marriage bill| publisher = Planetout Inc.| date = [[2005-06-23]]| url = http://www.gay.com/news/election/article.html?2005/06/23/2| accessdate = 2006-12-20}}</ref> It was returned to the lower house, which holds the power to override the Senate, and which gave final approval to the bill on [[30 June]] [[2005]] with 187 "yes" votes, 147 "no" votes, and four abstentions. With the final approval of the law on [[2 July]] [[2005]], Spain became the third country in the world to formally legalise same-sex marriages nationwide, after the [[Same-sex marriage in the Netherlands|Netherlands]] and [[Same-sex marriage in Belgium|Belgium]].<ref>{{cite web| last = Woolis| first = Daniel| title = Spain's Gay Marriage Law Goes Into Effect| publisher = 365GAY.com| date = [[2005-06-02]]| url = http://www.365gay.com/newscon05/07/070205spain.htm| accessdate = 2006-12-20}}</ref> The first same-sex wedding took place eight days after the approval of the law. It was celebrated in the council chamber in the [[Madrid]] suburb of [[Tres Cantos]] by Carlos Baturín and Emilio Menéndez.<ref>{{cite web | title = First gay couple marries in Spain| last = Goodman | first = Al | publisher = CNN | date = [[2005-07-11]]| url = http://edition.cnn.com/2005/WORLD/europe/07/11/spain.gay/ | accessdate = 2007-01-30}}</ref> The first same-sex marriage between women took place in [[Barcelona]] eleven days later.<ref>{{cite web| language=Spanish | title = La primera boda entre dos mujeres se celebra en Cataluña| publisher = CADENASER.COM | date = [[2005-06-22]]| url = http://www.cadenaser.com/articulo/sociedad/primera/boda/mujeres/celebra/Cataluna/csrcsrpor/20050722csrcsrsoc_2/Tes/ | accessdate = 2006-12-20}}</ref> In spite of these steps toward [[equal treatment]], there was still a legal flaw: children born within a [[lesbian]] marriage could not be legally recognized by the non-biological mother, who still had to undergo a time- and resource-consuming process of adoption.<ref>{{cite web | title = El Gobierno revisará la discriminación de las lesbianas con bebés 'in vitro' | last = De Cózar | first = Álvaro | publisher = El Pais | date = [[2006-10-18]]| url = http://www.elpais.es/articulo/sociedad/Gobierno/revisara/discriminacion/lesbianas/bebes/in/vitro/elpporsoc/20061018elpepisoc_7/Tes | accessdate = 2007-01-25}} {{es_icon}}</ref> This right was granted to heterosexual couples (married or not), where the male partner who was not the biological father could recognize such children without further process. On [[7 November]] [[2006]], the government amended the law on [[reproductive technology|assisted reproduction]], allowing the non-biological mother to recognize children born within a lesbian marriage.<ref>{{cite web | title = Lesbianas podrán ser madres de los hijos "in vitro" de sus parejas| publisher = Terra | date = [[2006-11-07]]| url = http://actualidad.terra.es/sociedad/articulo/lesbianas_podran_madres_hijos_in_1194087.htm | accessdate = 2007-08-20}} {{es_icon}}</ref> ===Ratification of Law 13/2005=== The projected bill announced on [[30 June]] [[2004]] by the Minister of Justice was studied by the [[General Council of the Judicial Power of Spain|General Council of the Judiciary]].<ref>{{cite web| language=Spanish |title = El Consejo de Ministros aprobará el matrimonio homosexual| publisher = Agencia Pulsar| date = [[2004-12-29]]| url = http://www.agenciapulsar.org/nota.php?id=3469| accessdate = 2007-01-25}}</ref> Although the General Council admitted that the existing discrimination against homosexuals could not be condoned, it was quite critical about extending marriage toward same-sex couples (including collateral adoption). It argued that the extension was not demanded by the Constitution, and that ending discrimination could be achieved through other legal means, such as a regulation of civil unions.<ref>{{cite news | title = El CGPJ pide que se paralice la reforma que permitirá los matrimonios entre homosexuales | pages = | publisher = El Mundo| date = [[2005-01-15]]| url = http://www.elmundo.es/elmundo/2005/01/15/espana/1105797044.html | accessdate = 2007-01-26}} {{es_icon}}</ref> Despite this negative report, the government presented the proposed bill to Congress on [[1 October]] [[2004]]. With the exception of the People's Party and members of the [[Democratic Union of Catalonia]], the different parliamentary parties favoured the reform. On [[21 April]] [[2005]], Congress approved the projected bill, with 183 "yes" and 136 "no" votes and 6 abstentions (including a member of the People's Party).<ref>{{cite news | title = El Congreso aprueba el matrimonio entre personas del mismo sexo | pages = | publisher = El Mundo| date = [[2005-04-22]]| url = http://www.elmundo.es/elmundo/2005/04/21/espana/1114087944.html | accessdate = 2007-01-26}} {{es_icon}}</ref> The bill to allow same-sex marriage in Spain was short: it added a new paragraph to article 44 of the [[civil code]], saying that ''Matrimony shall have the same requisites and effects regardless of whether the persons involved are of the same or different sex''.<ref>{{cite news | title = El Congreso aprueba la ley que permite casarse a los homosexuales| pages = | publisher = 20 minutos| date = [[2005-04-22]]| url = http://www.20minutos.es/noticia/18537/0/congreso/ley/homosexual/ | accessdate = 2007-01-29}} {{es_icon}}</ref> In accordance with constitutional provisions, the text approved by the Congress was then submitted to the Senate for final approval, change or [[veto]]. On [[21 June]] [[2005]] experts were called to the Senate to debate the issue. The experts' opinions were diverse; some stated that [[LGBT adoption|gay adoption]] had no effect on a child's [[child development|development]], except for perhaps a higher tolerance towards homosexuality.<ref>{{cite web| language=Spanish |title = Psicólogos y juristas avalan adopción y correcto desarrollo del niño| publisher = Web de Hogar| date = [[2005-06-20]]| url = http://www.webdehogar.com/noticias/0506/20154220.htm| accessdate = 2007-01-25}}</ref> However, psychiatrist Aquilino Polaino, called by the People's Party as an expert, called homosexuality a [[pathology]] and [[emotional and behavioral disorders|emotive disorder]]. Among other assertions that generated debate, he claimed that "many homosexuals have rape abuse antecedents since childhood" and that homosexuals generally come from families with "hostile, [[alcoholism|alcoholic]] and distant" fathers, and mothers who were "[[over protective]]" toward boys and "cold" toward girls. Prominent People's Party members later rejected Polaino's assertions.<ref>{{cite news | title = Dirigentes del PP discrepan del experto citado por su partido que tachó de enfermos a los gays | pages = | publisher = El Mundo| date = [[2005-06-21]]| url = http://www.elmundo.es/elmundo/2005/06/21/espana/1119349159.html | accessdate = 2007-01-08}} {{es_icon}}</ref> The Senate vetoed the text submitted by the Congress. The veto was proposed by the People's Party, which held the majority of the seats, and by the Democratic Union of Catalonia, and was approved by 131 "yes" and 119 "no" votes and two abstentions.<ref>{{cite web| title = Spanish Senate vetoes gay marriage law | publisher = Catholic News Agency| date = [[2005-06-23]] | url = http://www.catholicnewsagency.com/new.php?n=4213| accessdate = 2007-01-08}}</ref> As a result, the text was sent back to the Congress. On [[30 June]] [[2005]] it was approved by Congress, which, in accordance with the constitutional provisions, overrode the Senate veto. This was achieved with 187 "yes" votes (including a member of the People's Party, Celia Villalobos), 147 "no" votes, and four abstentions. The veto override implied its approval as law.<ref name="SPTimes"/> The vote was held after Zapatero unexpectedly took the floor of parliament to speak in its support, saying ''We are expanding the opportunities for happiness of our neighbors, our colleagues, our friends and our relatives. At the same time, we are building a more decent society.''<ref name=WashingP>{{cite news | title = Spain Legalizes Same-Sex Marriage| last = Green| first=Jennifer| publisher = The Washington Post| date = [[2005-07-01]]| url = http://www.washingtonpost.com/wp-dyn/content/article/2005/06/30/AR2005063000245.html | accessdate = 2007-01-30}}</ref> [[Mariano Rajoy]], the leader of the opposition People's Party, was denied the opportunity to address parliament after Zapatero's appearance, and accused Zapatero of dividing Spanish society.<ref name=WashingP>{{cite news | title = Spain Legalizes Same-Sex Marriage| last = Green| first=Jennifer| publisher = Washington Post| date = [[2005-07-01]]| url = http://www.washingtonpost.com/wp-dyn/content/article/2005/06/30/AR2005063000245.html | accessdate = 2007-01-30}}</ref> When the media asked [[Spanish monarchy|King]] [[Juan Carlos I of Spain|Juan Carlos]] if he would endorse the bill that was being debated in the ''Cortes Generales'', he answered that he was the King of Spain, not of Belgium &ndash; a reference to King [[Baudouin I of Belgium]]<!--I'm sure Juan Carlos and Baudouin were distantly related, which is perhaps somewhat relevant; precisely how?-->, who refused to sign the Belgian law legalizing [[abortion]].<ref>{{cite news | title = Don Juan Carlos, sobre el matrimonio gay: 'Soy el Rey de España y no el de Bélgica' | pages = | publisher = El Mundo| date = [[2006-05-13]]| url = http://www.elmundo.es/elmundo/2005/05/12/espana/1115917538.html | accessdate = 2007-01-08}} {{es_icon}}</ref> The King of Spain gave his [[Royal Assent]] to Law 13/2005 on [[1 July]] [[2005]]; the law was [[gazette]]d in the ''[[Boletín Oficial del Estado]]'' on [[2 July]], and came into effect on [[3 July]].<ref>{{cite web| title = Disposiciones Generales | publisher = Boletin Oficial del Estado| date = [[2005-06-02]] | url = http://www.boe.es/boe/dias/2005/07/02/pdfs/A23632-23634.pdf| accessdate = 2007-01-08}} {{es_icon}}</ref> ==Reactions== [[Image:Gay March celebrating 2005 Pride Day and Same-Sex Marriage Law in Spain.jpg&lrm;|right|thumb|Gay march celebrating Pride Day and legalization of same-sex marriage]] A poll by the government-run Center for Sociological Investigations (''Centro de Investigaciones Sociológicas''), published in April 2005, reported that 66% of Spaniards favoured legalising same-sex marriage.<ref name=PlanOut>{{cite web| last = Giles| first = Ciaran| title = Spain: Gay marriage bill clears hurdle| publisher = Planetout.com| date = [[2005-04-21]]| url = http://www.planetout.com/news/article.html?2005/04/21/5 | accessdate = 2006-12-22}}</ref> Another poll taken by ''Instituto Opina'' a day before the bill passed placed support of the same-sex marriage bill at 62.1% and support of adoption by same-sex couples at 49.1%.<ref>{{cite web| title = Same-Sex Marriage Legislation OK in Spain| publisher = Angus Reid Global Monitor| date = [[2005-07-02]]| url = http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/7887| accessdate = 2006-12-22}}</ref> An ''Instituto Opina'' poll taken nine months after the bill passed said 61% agreed with the government's decision.<ref>{{cite web| title = Spaniards Back Government on Same-Sex Marriage| publisher = Angus Reid Global Monitor| date = [[2006-04-20]]| url = http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/11617| accessdate = 2006-12-22}}</ref> However, the bill's passage was met with concern by Roman Catholic authorities, including [[Pope John Paul II]] — who warned of a weakening of [[family values]] — and his successor [[Pope Benedict XVI]].<ref name=BBCnews>{{cite news| title = Vatican condemns Spain gay bill| publisher = BBC News | date = [[2005-04-22]]| url = http://news.bbc.co.uk/2/hi/europe/4473001.stm| accessdate = 2007-01-08}}</ref> [[Alfonso López Trujillo|Cardinal López Trujillo]], president of the [[Pontifical Council for the Family]], said the Church was making an urgent call for [[freedom of thought|freedom of conscience]] for Roman Catholics and appealing to them to resist the law. He said every profession linked with implementing same-sex marriages should oppose it, even if it meant losing their jobs.<ref name=BBCnews>{{cite news| title = Vatican condemns Spain gay bill| publisher = BBC News | date = [[2005-04-22]]| url = http://news.bbc.co.uk/2/hi/europe/4473001.stm| accessdate = 2007-01-08}}</ref> Gay rights supporters argued that while the Roman Catholic Church also formally opposed opposite-sex, non-religious [[marriage]], its opposition was not as vocal; for example, the Church did not object to the marriage of [[Felipe, Prince of Asturias|Crown Prince Felipe]] to [[Letizia, Princess of Asturias|Letizia Ortiz]], who had divorced from a previous civil marriage. The church was unable to gather enough support to derail the bill, even though 80% of Spaniards identify as Roman Catholic. [[sociology|Sociologists]] believe this may be due to the significant increase of [[cultural liberalism|liberalism]] in the realm of individual rights in recent years, where the Church traditionally had most influence, especially on family issues.<ref>{{cite news | last = McLean| first = Renwick | title = Spain Legalizes Gay Marriage; Law Is Among the Most Liberal | pages = | publisher = The New York Times| date = [[2005-06-01]]| url = http://www.nytimes.com/2005/07/01/international/europe/01spain.html?ex=1277870400&en=ee2765acf7bebdbb&ei=5090&partner=rssuserland&emc=rss | accessdate = 2007-01-26}}</ref> A poll showed that three quarters of Spaniards believe the church hierarchy is out of touch with social reality.<ref>{{cite news | last = Tremlett| first = Giles | title = Bishops to lead gay law protest| pages = | publisher = The Guardian| date = [[2005-06-17]]| url = http://www.guardian.co.uk/spain/article/0,2763,1508519,00.html | accessdate = 2007-01-26}}</ref> A complementary explanation might be that the Church's influence on Spaniards has declined since the death in 1975 of the [[dictator]] General [[Francisco Franco]], whose [[Spain under Franco|regime]] was closely linked to the Church.<ref name=BBC>{{cite news | title = Spain approves gay marriage bill | pages = | publisher = BBC| date = [[2004-10-01]]| url = http://news.bbc.co.uk/2/hi/europe/3706414.stm | accessdate = 2007-01-30}}</ref> Opinion polls suggest that nearly half of Spaniards now almost never go to [[mass (liturgy)|mass]].<ref name=BBC>{{cite news | title = Spain approves gay marriage bill | pages = | publisher = BBC| date = [[2004-10-01]]| url = http://news.bbc.co.uk/2/hi/europe/3706414.stm | accessdate = 2007-01-30}}</ref> President Zapatero responded to Catholic criticism by saying: {{quotation|There is no damage to marriage or to the family in allowing two people of the same sex to get married. Rather, these citizens now have the ability to organize their lives according to marital and familial norms and demands. There is no threat to the institution of marriage, but precisely the opposite: this law recognizes and values marriage.<br /><br />Aware that some people and institutions profoundly disagree with this legal change, I wish to say that like other reforms to the marriage code that preceded this one, this law will not generate bad results, that its only consequence will be to avoid senseless suffering of human beings. A society that avoids senseless suffering of its citizens is a better society.<br /><br />In any case, I wish to express my deep respect to those people and institutions, and I also want to ask for the same respect for all of those who approve of this law. To the homosexuals that have personally tolerated the abuse and insults for many years, I ask that you add to the courage you have demonstrated in your struggle for civil rights, an example of generosity and joy with respect to all the beliefs.|<ref>{{cite web| title = Freedom and Equality | publisher = Partners Task Force| date = [[2005-06-30]]| url = http://www.buddybuddy.com/zapat-01.html| accessdate = 2007-01-12}}</ref>}} [[Image:Family Forum march supporter.jpg&lrm;|right|thumb|Traditional marriage supporter showing banner 'Marriage = Man and Woman']] On [[19 June]] [[2005]] there was a public protest against the law. Protesters — led by People's Party members, [[List of the Roman Catholic dioceses of Spain|Spanish bishops]] and the Spanish Family Forum (''Foro Español de la Familia'') — said they had rallied 1.5 million people against what they considered an attack on the traditional family; the Government's Delegation in Madrid counted 166,000 at the same event.<ref>{{cite news | last = Arroyo | first = Marta |title = Una multitud pide que se retire la ley del Matrimonio Homosexual | pages = | publisher = El Mundo| date = [[2006-06-20]] | url = http://www.elmundo.es/elmundo/2005/06/18/espana/1119111135.html | accessdate = 2007-01-27}} {{es_icon}}</ref> Two weeks after this protest, coinciding with [[gay pride|Gay Pride]] Day, FELGT (''Federación Estatal de Lesbianas, Gays, Transexuales y Bisexuales'' — the Spanish Lesbian, Gay, and Transgender Organization) estimated two million people marched in favour of the new law; police sources counted 97,000.<ref>{{cite web | language=Spanish |title = La marcha del Orgullo Gay celebra la Ley del Matrimonio Homosexual| publisher = Telefónica de España, S.A.U.| date = [[2005-02-07]]| url = http://actualidad.terra.es/sociedad/articulo/orgullo_gay_marcha_celebra_ley_382594.htm | accessdate = 2006-12-22}}</ref><ref>{{cite web| language=Spanish | title = Multitudinaria marcha del Orgullo Gay festeja Matrimonio Homosexual| publisher = Terra| date = [[2005-02-07]]| url = http://actualidad.terra.es/sociedad/articulo/multitudinaria_marcha_orgullo_gay_festeja_383264.htm | accessdate = 2006-12-27}}</ref> Both marches took place in [[Madrid]], at the time governed by the conservative People's Party. Spanish bishops also claimed that the government, by equalizing same-sex and opposite-sex couples, weakened the meaning of ''marriage'', which they defined as a couple of different sexes.<ref name="CatholicWN">{{cite web| title = Spanish bishops decry legislation weakening marriage | publisher = Catholic World News| date = [[2005-07-20]]| url = http://www.cwnews.com/news/viewstory.cfm?recnum=38522| accessdate = 2007-01-11}}</ref> The Spanish Family Forum expressed concern over the possibility of gay couples adopting and raising children, and argued that [[adoption]] is not a right for the parents, but for the adopted.<ref name="20minutos">{{cite web| language=Spanish |title = Manifiesto del Foro de la Familia | publisher = '20 Minutos.es'| date = [[2005-06-18]]| url = http://www.20minutos.es/noticia/32527/0/manifiesto/foro/familia/| accessdate = 2007-01-12}}</ref> Gay associations replied that de facto adoption by same-sex couples had existed for a long time in Spain, since many couples were rearing minors adopted by one of the partners. Adoption by same-sex couples was already legal in [[Navarre]], [[Asturias]], [[Aragon]], the [[Basque Country (autonomous community)|Basque Country]], and [[Catalonia]] before the same-sex marriage law legalized these adoptions nationwide.<ref>{{cite web| language=Spanish |title = La sentencia que concede la adopción a una pareja de lesbianas desata un intenso debate social | publisher = Caja Madrid| date = | url = http://cajamadrid.cronicasocial.com/anteriores/pg040223/nacional/mujer/mujer1.htm| accessdate = 2007-01-21}}</ref> These associations also argued that there was no scientific basis for the claim that the parents' [[sexual orientation]] would cause developmental problems for their adopted children. This view is officially supported by the Spanish School of [[Psychology]], which also states that homosexuality is not a pathology.<ref>{{cite news | last=Lantigua | first= Isabel F | title = Los psicólogos niegan que la homosexualidad sea una enfermedad | pages = | publisher = El Mundo| date = [[2005-06-21]]| url = http://www.elmundo.es/elmundosalud/2005/06/21/neuropsiquiatria/1119356356.html | accessdate = 2007-01-08}} {{es_icon}}</ref> ==Opposition court challenges== On [[21 July]] [[2005]], a judge from the city of [[Dénia]] refused to issue a marriage license to a lesbian couple. The judge also filed a constitutional challenge against the same-sex marriage law with the Constitutional Court based on Article 32 of the Constitution that contains the phrase "Men and women have the right to contract marriage with full juridical equality."<ref>{{cite web| title = Spanish Magistrate Refuses to Perform Another Gay Marriage| publisher = Lifesite| date = [[2006-03-23]]| url = http://www.lifesite.net/ldn/2006/mar/06032302.html| accessdate = 2007-01-25}}</ref> In August 2005, a judge from [[Gran Canaria]] refused licenses to three same-sex couples and mounted another constitutional challenge.<ref>{{cite web| last = Thornberry| first = Malcolm| title = New Threat To Spain's Gay Marriage Law| publisher = 365GAY.com| date = [[2005-08-13]]| url = http://www.365gay.com/newscon05/08/081305spain.htm| accessdate = 2006-12-22}}</ref> In December 2005, the Constitutional Court rejected both challenges owing to both judges' lack of [[standing (law)|standing]] to file them.<ref>{{cite web| title = Spain's High Court Upholds Gay Marriage Law| publisher = 365GAY.com| date = [[2005-12-15]]| url = http://www.365gay.com/Newscon05/12/121505spain.htm| accessdate = 2006-12-22}}</ref> On [[30 September]] [[2005]], the opposition People's Party decided to initiate a separate constitutional challenge, causing division within the party.<ref>{{cite news | last=Remirez DeGanuza | first=Carmen | title = Aguirre critica el recurso contra el matrimonio gay y Rajoy la desautoriza| pages = | publisher = El Mundo| date = [[2005-09-22]]| url = http://www.elmundo.es/papel/2005/09/22/espana/1864317.html | accessdate = 2007-01-08}} {{es_icon}}</ref> There is no outcome as of late 2007. On [[27 February]] [[2007]] the Spanish Family Forum presented an initiative signed by 1.5 million people to legislate marriage as the union of a man and a woman only (thus effectively prohibiting same-sex marriage). The initiative was rejected by the Spanish Congress.<ref>{{cite news | last=De Benito | first=Emilio | title = El Congreso rechaza la iniciativa para prohibir el matrimonio homosexual | pages = | publisher = El País| date = [[2007-02-28]]| url = http://www.elpais.com/articulo/sociedad/Congreso/rechaza/iniciativa/prohibir/matrimonio/homosexual/elpepusoc/20070228elpepisoc_5/Tes| accessdate = 2007-02-28}} {{es_icon}}</ref> On [[30 May]] [[2007]], the aforementioned judge of Dénia was condemned by the Disciplinary Committee of the General Council of Judiciary Power (''Comisión Disciplinaria del Consejo General del Poder Judicial -CGPJ-'') to pay 305 euros for refusing to marry a gay couple and was also strictly warned against doing it again.<ref name=Denia>{{cite news|url= http://www.elpais.com/articulo/sociedad/305/euros/multa/querer/oficiar/bodas/homosexuales/elpepusoc/20070530elpepusoc_4/Tes|publisher=El País| title= 305 euros de multa por no querer oficiar bodas homosexuales|date=[[2007-05-30]]|accessdate=2007-05-30}}{{es_icon}}</ref> She attributes this action to the "propagandistic machinery" of the government.<ref name=Denia/> ==Residency issues== [[Image:World homosexuality laws.svg|thumb|right|450px|Map showing variances in laws on homosexuality]] Shortly after the law was passed, questions arose about the legal status of marriage to non-Spaniards after a Spaniard and an [[India]]n national living in [[Catalonia]] were denied a marriage license on the grounds that India [[Homosexuality in India|did not permit]] same-sex marriage.<ref>{{cite web | last = Woolls| first = Daniel| title = Spain's Gay Marriage Law Hits Snag Over Foreigners | publisher = 365Gay.com| date = [[2005-06-06]]| url = http://www.365gay.com/newscon05/07/0706705spain.htm | accessdate = 2006-12-20}}</ref> However, on [[22 July]] another judge in Catalonia married a Spanish woman and her [[Argentina|Argentinian]] national partner (the first same-sex marriage between women in Spain). This judge disagreed with his colleague's decision and gave preference to the right of marriage over Argentinian law not allowing same-sex marriage.<ref>{{cite web| last = Drago| first = Tito | title = ESPAÑA:Matrimonio gay se internacionaliza| publisher = I.P.S| date = 2005| url = http://www.ipsnoticias.net/print.asp?idnews=34585 | accessdate = 2007-01-25}} {{es_icon}}</ref> On [[27 July]], the ''Junta de Fiscales de Sala'' - a body within the Public Prosecutor's Corp that advises the Minister of Justice's office - issued an opinion that lesbian, gay, bisexual, and transgender ([[LGBT]]) Spaniards can marry foreigners from countries that do not permit same-sex marriage.<ref>{{cite web| title = Fiscalía acuerda apoyar los matrimonios gays entre españoles y extranjeros | publisher = naciongay | url = http://www.naciongay.com/noticias/gaynews/20050727113010.asp | accessdate = 2006-12-20}} {{es_icon}}</ref> This marriage would be valid according to Spanish law, but did not imply automatic validity according to the foreigner's national law. A ruling published in the Official State Bulletin stated: {{cquote|''a marriage between a Spaniard and a foreigner, or between foreigners of the same sex resident in Spain, shall be valid as a result of applying Spanish material law, even if the foreigner's national legislation does not allow or recognize the validity of such marriages.''<ref name="advocate"/>}} According to the instructions from the Ministry of Justice (''Dirección General de Registros y Notariado''), [[Foreign relations of Spain|Spanish Consulates]] abroad may carry out the preliminary paperwork for a same-sex marriage.<ref>{{cite web| title = Sobre la tramitación del matrimonio / BOE con la circular del Ministerio de Justicia| publisher = FELGT | date = | url = http://www.felgt.org/Webportal/DesktopDefault.aspx??Alias=Rainbow&TabID=50&Lang=es&ItemID=2623&mid=48&smid=68 | accessdate = 2007-01-25}} {{es_icon}}</ref> At least one of the marrying partners must be a Spanish citizen, residing in the Consular demarcation. However, the marriage itself can only take place at the [[consul (representative)|Consulate]] if local laws recognize same-sex marriages (Spanish consulates in [[Same-sex marriage in Massachusetts|Boston]], [[Same-sex marriage in Belgium|Brussels]], [[Same-sex marriage in the Netherlands|Amsterdam]], [[Same-sex marriage in Canada|Toronto]], [[Same-sex marriage in Canada|Montreal]], [[Same-sex marriage in Canada|Ottawa]] and [[Same-sex marriage in South Africa|Cape Town]] as of March 2007). In all other cases, the partners must marry in Spanish territory.<ref>{{cite news | last=Peral | first=María | title = La Fiscalía apoya el matrimonio homosexual con extranjeros aunque sus países lo prohíban| pages = | publisher = El Mundo| date = [[2005-07-27]]| url = http://www.elmundo.es/2005/07/27/espana/1838418.html | accessdate = 2007-01-25}} {{es_icon}}</ref> Two non-resident foreigners cannot marry in Spain, as at least one of the partners must be a Spanish citizen; two resident foreigners can do so. ==Marriage statistics== [[Image:Matrimonios homosexuales en España 2008.svg|thumb|300 px|[[Marriage rates]] of same-sex marriages in Spain in 2008 {{legend|#faa6a6|0,127 - 0,060}} {{legend|#dcb9ff|0,060 - 0,040}} {{legend|#b3defd|0,040 - 0,020}} {{legend|#326599|0,020 - 0,013}} ]] On [[4 September]] [[2005]], the conservative newspaper ''La Razón'' published data from 273 out of 430 Offices of [[civil registry|Civil Registry]] showing 24 same-sex marriages had occurred to date out of over 35,000 marriages. The paper argued that the data contradicted the justifications of the government making the law a main priority of the legislature, as well as claims from gay rights activists that the law would benefit five to ten percent of the population. On [[27 December]] [[2005]], the Minister of Justice reported that 327 same-sex marriages had been registered by [[5 December]] in the 200 civil registries that were computerized at the time (out of a total of 437 civil registries in Spain). Among them 90 were in [[Madrid]], 63 in [[Valencia, Spain|Valencia]], 35 in [[Barcelona]] and 18 in [[Seville]].<ref>{{cite news | title = 327 bodas gays en cinco meses | pages = | publisher = El Pais| date = [[2005-12-28]]| url = http://www.elpais.com/articulo/sociedad/327/bodas/gays/meses/elpepusoc/20051228elpepusoc_3/Tes | accessdate = 2007-01-21}} {{es_icon}}</ref> In the rest of the country, same-sex marriage and heterosexual marriage were not differentiated in the total number of civil marriages. In early [[March 2006]], [[Pedro Zerolo]], a senior PSOE official, announced that more than 1,000 same-sex couples had married. Eight hundred marriages were recorded in the fully computerized areas (about half the country) and at least 200 were estimated in the rest of the country. Zerolo also said that one out of every ten marriages in Spain was between same-sex couples.<ref>{{cite web | last = Thornberry | first = Malcolm | title = 1,000 Gay Couples Wed In Spain| publisher = 365GAY.com | date = [[2006-03-02]]| url = http://www.365gay.com/Newscon06/03/030206spain.htm| accessdate = 2006-12-22}}</ref> According to FELGT, about 4,500 same-sex couples married during the first year of the law, 50 adoption petitions were made, and 3 [[divorce]]s were granted.<ref>{{cite web | title = UNAS 4.500 PAREJAS HOMOSEXUALES CONTRAJERON MATRIMONIO EN EL PRIMER AÑO DE VIGENCIA DE LA LEY, SEGÚN LA FELGT| publisher = Inforgay| date = 2006| url = http://www.inforgay.com/2006/06/unas-4500-parejas-homosexuales.html| accessdate = 2006-12-22}} {{es_icon}}</ref> On [[27 June]] [[2007]], the Ministry of Justice announced 3,340 same-sex marriages had taken place in the last two years. It admitted, however, that the number could be "a third part of reality", as the data included only came from the 356 computerized registries, and did not include the data from more than 7,000 peace courts, or from the [[Basque Country (autonomous community)|Basque Country]].<ref name=bodas>{{cite news | last = | first = |title = Más de 3.300 parejas homosexuales se han casado en España en los últimos dos años | pages = | publisher = El País| date = [[2007-06-27]] | url =http://www.elpais.com/articulo/sociedad/3300/parejas/homosexuales/han/casado/Espana/ultimos/anos/elpepusoc/20070627elpepusoc_5/Tes| accessdate = 2007-06-27}} {{es_icon}}</ref> The Ministry of Justice went on to say that 2,375 of the marriages were between men and 965 were between women.<ref name=bodas/> [[Madrid (autonomous community)|Madrid]] was the region with most weddings, with 1,060, followed by [[Catalonia]], with 871, [[Andalusia]], with 399, and the [[Valencian Community]], with 263, the [[Balearic Islands]] registered 116 same-sex marriages; [[Asturias]], 101; [[Castile and León]], 89; [[Aragon]], 86; the [[Canary Islands]], 83; the [[Region of Murcia]], 61 and [[Castile-La Mancha]], 56; [[Extremadura]], 54; [[Galicia (Spain)|Galicia]], 31; [[Cantabria]], 28; [[Navarre]], 25 and [[La Rioja (Spain)|La Rioja]], 13.<ref name=bodas/> ==See also== * [[Civil unions in Spain]] * [[Gay rights in Spain]] * [[LGBT rights by country]] ==References== {{Reflist|2}} ==External links== * [http://www.felgt.org/_felgt/archivos/616_es_cis2568.pdf CIS "barometer" from June 2004] showing 66.2% support for gay marriage {{es icon}} * [http://law-library.rutgers.edu/SSM.html Same-Sex Marriage: A Selective Bibliography of the Legal Literature] (includes Spanish case) * [http://carlaantonelli.com Webpage of a known activist supporter of the law that includes diary of events towards legalisation] * [http://www.realbenidorm.net/uk-civil-partneships-recognised-in-spain.html Spain Recognises UK Civil Partnership], December 13th 2007 press release {{Same-sex marriage footer}} {{Same-sex marriage in Europe}} {{Spoken Wikipedia|Same-sex_marriage_in_Spain.ogg|2008-05-17}} {{featured article}} [[Category:Marriage, unions and partnerships by country|Spain]] [[Category:Politics of Spain]] [[Category:Spanish law]] [[Category:Spanish society]] [[Category:2005 in Spain]] [[Category:LGBT culture in Spain]] [[Category:Same-sex marriage]] {{Link FA|es}} {{Link FA|ro}} [[es:Matrimonio entre personas del mismo sexo en España]] [[pl:Małżeństwo osób tej samej płci w Hiszpanii]] [[ro:Căsătorii între persoane de acelaşi sex în Spania]] [[sh:Istopolni brak u Španiji]] [[fi:Samaa sukupuolta olevien avioliitto Espanjassa]] [[tr:İspanya'da eşcinsel evlilik]]