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Resumen de And the story comes to an end: the constitutionality of same-sex marriages in Spain

Jose María Lorenzo Villaverde

  • In January 2005 the Spanish Government introduced a bill amending the Civil Code to allow same-sex marriage. The bill was approved in July of 2005 with a small majority and the Conservative Popular Party challenged the new Act's constitutionality before the Spanish Constitutional Court. In 2012 the Constitutional Court decided the challenge upholding the constitutionality of the same-sex marriage statute. This chapter presents an overview of the debate on the constitutionality of Act 13/2005. It discusses the constitutional basis for the enactment of the statute as well as the arguments presented to challenge its constitutionality. It also presents a brief comparative analysis between the Spanish decision on same-sex marriage and the decision by the Constitutional Court of Portugal in the same issue.


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