Gay marriage in Spain

Is Gay Marriage Legal in Spain?

Author: Tanya Obretenova

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Spain the third country in the world to legalise same-sex marriage

Legalisation of same-sex marriage in Spain

A milestone in equality

Same-sex marriage was officially legalised in Spain on 3 July 2005 under Law 13/2005, which amended the Civil Code to allow marriage between persons of the same or different sex.


Officially published in the Boletín Oficial del Estado (BOE-A-2005-11364), this law made Spain the third country in the world to legalise same-sex marriage.

Equal rights and responsibilities

Including inheritance rights, social benefits and the right to adopt children

Gay marriage in Spain - rights and responsibilities

The law guarantees that same-sex couples enjoy the same rights and obligations as heterosexual couples, including inheritance rights, social benefits and the right to adopt children.


Law 13/2005 explicitly states that marriage has "the same requirements and effects" regardless of the sex of the parties.

Constitutional basis for same-sex marriage in Spain

Spain's commitment to equality

The legalisation was based on the constitutional values of equality and non-discrimination, ensuring that all citizens, regardless of their sexual orientation, can freely develop their personality and rights.


The law reflects Spain's commitment to equality as enshrined in its Constitution, in particular Articles 9.2 and 14 (A23632-23634).

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