After 20 years of gay marriage in Spain, ‘not impossible’ to rescind the law, expert says

Madrid, Spain, Jul 1, 2025 / 09:00 am

Analyzing the consequences of the law that equated same-sex unions with marriage in Spain 20 years ago, Carmen Sánchez Maíllo, academic secretary of the CEU (Center of University Studies, by its Spanish acronym) Institute of Family Studies, considers the statute to be difficult to overturn but “not impossible.”

On July 1, 2005, Spain’s lower house passed the law that then-President José Luis Rodríguez Zapatero announced a year earlier that his government would introduce. Article 44 of the Civil Code was reworded as follows: “Marriage shall have the same requirements and effects when both parties are of the same or different sexes.”

Spain thus became the third country in the world, after the Netherlands and Belgium, to equate marriage with same-sex unions, which also allowed same-sex couples to apply to adopt children in the latter two.

A few days before the final vote, a huge demonstration took place in Madrid featuring the theme “The Family Does matter, for a Father and a Mother.” Numerous civic groups participated in the event, which had the explicit support of the country’s Catholic Church.

As many as 20 Spanish bishops could be seen marching in the streets of Spain’s capital city, including the then-president of the Spanish Bishops’ Conference, Cardinal Antonio María Rouco Varela.

On Sept. 30, 2005, the People’s Party (PP) filed an appeal with the Constitutional Court arguing that the law “denaturalizes the institution of marriage” and violates numerous constitutional articles. The court never ruled on the appeal until seven years later, in 2012, when it rejected it.

Despite its initial opposition, the PP has now wholeheartedly supported the so-called LGBTI pride celebrations for years, as evidenced on its social media.

In the six months remaining in 2005 after the law came into effect, 1,269 same-sex unions were entered into, mostly between men, a trend that continued until 2018, when those between women became more numerous.

In comparison with all marriages, same-sex unions have gone from representing 1% of the total population to 4% in two decades.

Speaking with ACI Prensa, CNA’s Spanish-language news partner, Sánchez said that “turning these issues around is difficult [but] not impossible” and that achieving it requires “great determination” on the part of a parliamentary majority.

As precedents in the field of family law, she cited the cases of Slovenia and Hungary, by referendum and legislation respectively, and with regard to the right to life, the U.S. Supreme Court’s overturning of Roe v. Wade that returned the issue to state legislatures.

‘Gender ideology has swept through Spanish legislation’

As Sánchez sees it, the law equating marriage with same-sex unions “affects the very concept of marriage, its purposes, and its social function in such a way that it is denaturalized,” but that is not its only effect.

With such unions, “a breach was opened on many issues, a spearhead through which an ideology enters in and fully affects politics and legislation,” she added.

“Gender ideology has swept through Spanish legislation,” Sánchez noted, with important “social, cultural, and demographic implications.”

Focusing exclusively on the law equating same-sex unions with marriage, Sánchez emphasized the special impact on minors: “In this type of union, one of the two role models, paternal or maternal, is absent,” which is detrimental to minors “who need both figures” in their lives.

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In the case of boys, the paternal figure offers “a model of virility, of masculinity, which today are politically incorrect words,” as are “chivalry” or “nobility,” she pointed out.

In the case of girls, the father figure “is extremely important for their self-esteem, identity, and security. They will compare any relationship they have with their father figure.”

For her part, the mother figure “provides that tenderness, that affection, and is also necessary for sons and daughters.”

For Sánchez, this type of law also carries the danger that “children can be exploited in ideological debates,” which goes against the best interests of the child.

In this regard, she pointed out that what is “healthiest and most balanced” is to have both parents, male and female, and that “the best interest of the child is a marriage” with both role models.

On the other hand, the natural infertility of same-sex relations has other effects. In the case of two men, these types of laws become “a lever” to resort to surrogacy, which “commodifies the female body” and which, Sánchez noted, “has been prohibited in Spain since 2006.”

In the case of lesbian couples, naturally infertile sexual activity leads some to resort to assisted reproduction techniques. In the researcher’s opinion, beyond how these procedures affect the dignity of human life, “this is a huge problem, because these are children born without a known, identified father figure.” 

The importance of nurturing marriage

Faced with this situation, Sánchez proposed highlighting the witness of “strong, stable, united marriages,” including large families, that offer “an image that society needs,” of families living life with joy.

Furthermore, she said she believes it is necessary to “speak well of the fact that a strong, united marriage is possible” and for families to help each other, because “a marriage always needs support,” whether from other spouses, experts, or counselors.

“There is a desire inscribed in the human heart to love and be loved, and it must be nurtured at all stages of life,” explained Sanchez, who went on to emphasize that marriage is “a very well-designed” institution. It is God’s plan for the person. It is a natural vocation.”

“We are called to this communion of persons, to a very deep union between husband and wife, for the family, and children need their parents to love each other and they need those two role models who form the way they see the world,” she explained.

This story was first published by ACI Prensa, CNA’s Spanish-language news partner. It has been translated and adapted by CNA.