Our country is today a world reference in LGBTI+ rights and tolerance. A journey that began in the 1970s by thousands of courageous people who risked their lives to defend their rights and freedom
With the new century almost upon us, Spain became in 2005 the third country in the world to legalise same-sex marriage, only behind the Netherlands (2000) and Belgium (2003). With the approval by the Spanish courts of the modification of the Civil Code -which in the eyes of the law made a homosexual union equal to that of a heterosexual union-, Spain was at the forefront of LGBTI rights in the world and equal rights for all its citizens. Our country even went one step further by establishing equal adoption rights between same-sex couples, which had not yet been reflected in the legislation of any other country.
But the battle for equal rights had begun many years ago. While there were obviously previous individual demonstrations, the movement for LGBTI+ rights in Spain emerged in the 1970s. Although homosexuals had not been considered a major problem during the first stage of Franco’s regime, it became a problem in the 1950s and, above all, the 1960s, when Spain opened up to the outside world thanks to the influx of international tourism. In 1954, Franco’s regime modified the law called the Ley de Vagos y Maleantes of the Second Republic to persecute and punish homosexual practices. In 1970, this text was replaced by the ‘Law on Danger and Social Rehabilitation’, which included penalties of up to five years’ imprisonment or being sent to a psychiatric facility.
When this law was passed, the persecution of homosexuality reached its peak. Through clandestine meetings and under pseudonyms, pioneers such as Francesc Francino (Mir Bellgai) and Armand de Fluvià (Roger de Gaimon) began to organise the LGBTI+ movement from Barcelona, already aware of the events of Stonewall in New York and the Paris riots of 1968. Together they founded the Movimiento Español de Liberación Homosexual, the first association that defended the rights of this group in Spain, and which in 1972 began to secretly publish the monthly bulletin Aghois.
The march of Las Ramblas, the Spanish ‘Stonewall
Image of the demonstration on Las Ramblas. Photo: Reina Sofia Museum
After Franco’s death, in 1975, the Front d’Alliberament Gai de Catalunya (FAGC) was founded, an evolution of the MELH, and it organised the first demonstration for the rights of gays, lesbians, bisexuals and transsexuals. It was held on 26 June 1977, days after the first democratic elections. Under the slogan “Nosaltres no tenim por, nosaltres som” (“we are not afraid”), 4,000 people gathered on Barcelona’s Ramblas to demand amnesty for sexual crimes and the repeal of the 1970 law on dangerousness and social rehabilitation, since at that time they were still considered an illegal group. Although they circulated peacefully, the police ended up dispersing them using rubber bullet, causing some injuries and one arrest, Doctor Oriol Martí. The violence suffered during their detention, which lasted more than 50 days, caused a clear response from political, social and trade union organisations.
The movement begins to grow
The demonstration on Las Ramblas and its political and social consequences marked a before and after. The work of the Front d’Alliberament Gai de Catalunya spread to Madrid, Valencia, Malaga, Bilbao and the Balearic Islands. In fact, the year after the demonstration in Barcelona, rallies were also held in Madrid, Bilbao and Seville.
The efforts suddenly began to bear fruit. In December 1978, the Council of Ministers chaired by Adolfo Suárez removed homosexuality from the ‘Danger and Social Rehabilitation Act’. Finally, homosexuality was no longer a crime in Spain, and LGBTI+ prisoners were released. One year later, the Front d’Alliberament was legalised. In 1983 the law of public scandal, used during the Franco regime to persecute this group, was reformed. From 1985, when 28 June was established as the International LGBTI Pride Day, new associations began to emerge all over Spain, such as COGAM (Collective of Lesbians, Gays, Transsexuals and Bisexuals of Madrid) and COLEGA in Andalusia. These groups became part of the State Federation FELGTB, created in 1992, which connected all these organizations internationally. The ‘Danger Law’ was finally repealed in 1995, when a new Criminal Code was approved, which also included the protection of sexual orientation in its articles 510, 511 and 512, considering homophobia as an aggravating factor of the crime.
Applause from LGTB groups in front of the entrance to the Congress of Deputies, after the approval of the bill that allowed same-sex marriage, in 2005. EFE/Sergio Barrenechea
But if there is one outstanding date in the fight for LGBTI+ rights in Spain, it is undoubtedly 30 June, 2005. Very few of the brave protesters on Las Ramblas could have imagined that in 1977 the same country that imprisoned them, would be one of the pioneer states in Europe and the world in allowing same-sex marriages. The Law 13/2005, defended by tireless activists like Pedro Zerolo, made this possible.
A world reference in LGBTI+ tolerance
During four decades of democracy, Spain has made incredible progress in the area of LGBTI tolerance, both socially and through legislation. According to the Pew Research Center (2018), Spain is the second country in the world with the least objection to gay marriage (7%), only behind Sweden (5%). These social and legal conditions have also made us one of the most supportive countries in Europe for LGBTI+ asylum seekers from countries where it is still a crime, according to data from ILGA’s Rainbow Europe 2019.
The fight against hate crimes and LGBTI+ phobia has been another priority for public institutions. In addition to amendments to the Penal Code which were made in 1995, Spain has a specialised prosecutor’s office and a ‘Plan of Action to Combat Hate Crimes’ and a National Office that specialises in this type of crime.
Spain has made unimaginable progress in tolerance, respect and equality. It has come so far along this path but we must remember to look back and remember those who made it possible: then continue to look forward, to protect future generations.
