The Spanish Partnership Law is Coming Soon

by Cesar Leston, COGAM

Foreword

Most of the lesbian/gay media do not know about the information published in Spanish. The Spanish society is virtually unknown to the foreign public, and media, and only some too recurrent and old - fashioned topics hit the headlines. For instance, the presence of a strong Catholic Church is understood abroad as an equivalent of a conservative society; yet Spain is one of the most tolerant European countries currently; even if the majority of the population is or claims to be catholic, this does not mean that they meet each and everyone of the Church's demands. We would like you to get acquainted with the process which led to the current situation on the Partnership Law. You might be surprised to learn that -after Denmark, Norway and Finland, Spain is most likely to be the fourth country to have such a law. Such situation is virtually unknown to the foreign reader.

The Partnership Law. The beginning.

The first precise and technically structured law regulating lesbian/gay couples was presented at the Madrid University in August 1993. COGAM (Colectivo de Gais y Lesbianas de Madrid), representing the Federacion Espanola de Gais y Lesbianas presented to the public a Law regulating unmarried couples, either homosexual or heterosexual, granting them similar rights (though not equal) to those of marriage. Such rights would derive from an inscription before the City Council. According to our Law, unmarried couples, either heterosexual and lesbian/gay couples would start to be considered as family units and would have rights such as: pensions, social security, insurances, property rights, heirdom rights, etc. In principle, the Law would not allow adopting children. We must state that Spain allows the adoption by single persons and artificial insemination of single women, and there are well-known cases of lesbian and gay couples having children, though formally only one is the adopting (adoption) or mother (insemination). The adoption by couples has not been included in our Law, but this does not prevent us from fighting for such rights, also in Courts. October 1993 was the date when the Law was presented to the media. Thereinafter, the Partnership Law has been one of the most controversial issues of the Spanish society: hundred of press articles, TV interviews to gay/lesbian couples, discussions with judges, lawyers, priests, social / political leaders, etc. The Spanish population and the media (let alone some conservative newspapers) have taken sides in favour of approving our Law.

The Federacion Espanola de Gais y Lesbianas, started then to approach the political parties. Spanish political situation is: minority government of the Socialist Party-PSOE) (social democrat) supported from outside by the nationalist parties from the Basque Country and Catalonia (christian democrats and liberals); the opposition is mainly integrated by the second largest party, the Partido Popular (conservatives / christian democrats), Izquierda Unida (former communists and other socialist groups), besides other regional parties.

Most of them, including the ruling socialists, dismissed considering the proposal seriously. However, as the subject gathered momentum, and considering the positive reaction of the Spanish society, Izquierda Unida-IU and the Socialist Party (that is, the government) have stated their willingness to provide a regulation for the non married couples, including gays and lesbians. The seats of IU and PSOE in the Parliament are more than the majority needed, but the parties have virtually no common actions.

City Councils and Regional Parliaments in Spain

December 1993: The Madrid based gay group COGAM managed to obtain a positive response from all the political groups of the Madrid Regional Parliament, which approved a proposal addressed to the national government which was requested to approved a Partnership Law, a proposal which was unanimously voted by PP, PSOE and IU. Later, the Regional Parliaments of Valencia and Murcia have made similar proposals.

February 1994; after the historical resolution in favour of the equality of homosexuals issued by the European Parliament, the Major of a Basque Country middle-size town Vitoria, opened fire when creating the first Register of Civil Unions as a way of pressing ahead in favour of the approval of a Partnership Law. Such Registers, for lesbians, gays or heterosexual unmarried couples only grant rights at City level, but were determining for two reasons: 1.- Because, for the first time ever, a public administration considered gay / lesbian couples as families. 2.- The registers create a new legal case at City level, a case not regulated by law, and which demands a nationwide regulation, for family and marriages are matters of the federal government; a demand which has been gathering momentum ever since.

Currently, a lesbian/gay couple may register in Spanish major cities, such as (for instance) Barcelona, Granada, Toledo, Vitoria, Cordoba, Gijon or Ibiza; in the whole Valencia region (town of Valencia included) and the Asturias region, besides some 30 towns / villages throughout the country. And they increase by the day. In the town of Madrid, the Register was not approved, due to the vote of the Partido Popular (conservatives) holding the majority of the seats in the Council.

Latest developments

November 1994; The Valencia regional Parliament has approved a law regulation on adoptions. Provisory fostering (not the definitive adoptions, which are concern of the central Government) can be granted to married couples or to partnerships or either sex.

December 1994; The social demands in favour of regulating partnerships have been echoed by the national parliament: a request urging the government to issue a law on the matter was approved, with the votes of PSOE and IU, mainly. No party voted against, and the conservative PP abstained on technical grounds (demands for more precision on the adoptions issue). Besides the Partnership law proposal made by the Federacion Estatal de Gais y Lesbianas, other proposals have been made by other lesbian/gay groups. Also IU has presented to the Federal Parliament its own proposal, which is not likely to be approved, for the Socialist Party / Spanish Government are still drawing their own. Wether the proposals made by the Federacion Estatal de Gais y Lesbianas will be acknowledged by the Government remains a good question.

Conclusion

So far, the polemic is wether lesbian/gay couples should be allowed to adopt children. In other words, virtually no relevant political / social leader or institution has stood openly against the recognition of partnerships rights for lesbians/gays. And, beyond any doubt, the partnership law the Government is preparing, is to include the lesbian/gay couples.