Gay in Spain

Gay in Spain

December 26, 2016 0 By Lanzarote Gay Guide
Spain Gay flag.svg

A brief rundown of the equality law in Spain.

Spain is a fantastically liberal country, albeit a very religious and traditional country, with a very colourful past history which has swayed either grandly in favour of homosexuality, or grandly against it.

The Spanish Civil Code listed homosexual acts as punishable by being burned at the stake in a public square. Thankfully sodomy was removed from the code in 1822, and legalised.

Although during the Franco regime it was made an imprisonable offence to be gay, Spain is one of only a handful of countries around the world which now allow gay marriage. The first year of legalised marriage saw 4,500 people tie the knot with someone the same sex. Only one of them would necessarily need to be Spanish or a legal resident.

Not all areas of Spain are free from homophobia, and although we haven’t seen any evidence ourselves at the Lanzarote Gay Guide, the fight does still go on in some areas. 

The age of consent in Spain is 13, though the law states that if deceit is used to get a minor’s consent (a minor is someone under 16), the person using the deceit can be charged if either parent complains.

The judicial system in Spain is constitutionally equal towards sexuality. Judges are instructed to treat gay and straight people equally, whatever the crime. Whilst it is rare for people to be arrested or charged by the police for cruising on the well known sand dunes, beaches and parks, it has been known.