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What it is

Rights for LGBTI people and legal sex change in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 29 June 2022. Introduced by: Gobierno.

Official title: Government bill for the real and effective equality of trans persons and for the guarantee of the rights of LGBTI persons.

Source: Congreso de los Diputados, file 121/000113· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law guarantees and promotes real and effective equality for lesbian, gay, trans, bisexual and intersex people and their families, and sets out measures to eliminate discrimination in both public and private spheres.
  2. People over 16 can change the sex listed for them in the Civil Registry by their own free will, with no medical reports or surgery required. Minors aged 14 to 16 can apply themselves, assisted by their legal representatives, and those aged 12 to 14 need court authorization.
  3. The registry change can be reversed: six months after it is recorded, the person can get back the previous sex listing by following the same procedure.
  4. After the registry change, a new national ID card and, if requested, passport are issued with the same number, and the person can request updated copies of degrees, diplomas and certificates.
  5. Conversion therapies that try to change a person's sexual orientation, sexual identity or gender expression are banned, even with the consent of the person concerned.
  6. Companies with more than 50 workers must, within one year, have a set of measures for LGBTI equality, including a protocol against harassment, agreed with the workers' representatives.
  7. A sanction system is created: minor offenses carry fines of 200 to 2,000 euros, serious ones 2,001 to 10,000, and very serious ones 10,001 to 150,000 euros, with possible extra penalties such as being barred from public contracts.
  8. Victims of violence or discrimination based on LGBTI-phobia have the right to immediate protection, comprehensive assistance (psychological, legal and social) and specialized legal advice.

Who it affects

  • Spanish nationals over 16 who are trans: They can change their listed sex in the Civil Registry by their own will, with no medical requirements.
  • Trans minors aged 12 to 16: They can start the sex change with support from their legal representatives or court authorization, and change their name in the Registry.
  • Companies with more than 50 workers: They must adopt LGBTI equality measures and an anti-harassment protocol within one year.
  • LGBTI people who face discrimination or violence: They are entitled to protection, comprehensive assistance and legal advice, and offenders can be fined.
  • LGBTI families: They cannot be discriminated against in adoption, foster care or access to rental housing.

Words worth knowing

Rectificación registral
Change of the sex (and, if applicable, the name) listed in a person's birth record at the Civil Registry.
Registro Civil (Civil Registry)
Public office where key life events, such as birth or marriage, are officially recorded.
Terapias de conversión (conversion therapies)
Methods or treatments that try to change a person's sexual orientation or identity. This law bans them.
Intersexual (intersex)
A person born with physical traits that do not fit common notions of male or female bodies.
LGTBIfobia (LGBTI-phobia)
Rejection, prejudice, discrimination or intolerance toward LGBTI people for being, or being seen as, LGBTI.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced29 June 2022Someone registers the text in the Congreso.
  2. Admitted8 September 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments12 September 2022Groups propose changes.
  4. Committee21 September 2022A committee goes through the text in detail.
  5. Plenary12 December 2022All 350 deputies vote.
  6. Senate22 December 2022The Senate can pass it, amend it or veto it.
  7. BOE16 February 2023It is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Jun 2022Jul 2022Aug 2022Sept 2022Oct 2022Nov 2022Dec 2022Jan 202311. 29 June 2022: Presentación22. 8 September 2022: Comisión de Igualdad Publicación desde 08/09/2022 hasta 12/09/202233. 8 September 2022: Calificación44. 12 September 2022: Comisión de Igualdad Enmiendas desde 12/09/2022 hasta 03/11/202255. 21 September 2022: Comisión de Igualdad Mesa - Calificación desde 21/09/2022 hasta 21/09/202266. 21 September 2022: Comisión de Igualdad Debate de totalidad desde 21/09/2022 hasta 06/10/202277. 3 November 2022: Comisión de Igualdad Informe desde 03/11/2022 hasta 30/11/202288. 30 November 2022: Comisión de Igualdad Dictamen desde 30/11/2022 hasta 12/12/202299. 12 December 2022: Pleno Aprobación desde 12/12/2022 hasta 22/12/20221010. 22 December 2022: Senado desde 22/12/2022 hasta 08/02/20231111. 8 February 2023: Pleno Enmiendas o veto del Senado desde 08/02/2023 hasta 16/02/20231212. 16 February 2023: Concluido - (Aprobado con modificaciones) desde 16/02/2023 hasta 07/03/2023

16 February 2023

How did the plenary vote?

More votes in favour 191 yes · 60 no · 91 abst.

Voted on: Remaining amendments.

This law had 46 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 17 of sitting 236· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc and GPlu. Against, most of Euskal Herria Bildu and VOX. 6 deputies voted differently from their group.

By province: in 31 most voted in favour; in 2, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 31
  • Against: 2
  • Abstained: 4
  • Tie: 15
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
12 in favour · 1 did not vote
Socialista119
116 in favour · 1 abst. · 2 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
5 in favour · 3 against · 2 abst. · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
32 in favour · 1 did not vote
GPlu12
11 in favour · 1 did not vote
Popular en el Congreso88
88 abst.
VOX52
52 against

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 4/2023, of February 28, for the Real and Effective Equality of Trans People and the Guarantee of the Rights of LGTBI People.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.