Religious Autonomy at Risk: Spain Investigates Dioceses under Trans Equality Law
The Spanish Ministry of Equality launched an investigation against seven Catholic dioceses over alleged breaches of the 2023 Trans Equality Law, following a complaint by the Spanish Association Against Conversion Therapies. As the law contains very vague wording—criminalising any “method (...) aimed at modifying the sexual orientation or gender identity” of an individual, even with their consent—it could potentially criminalise Catholic teaching and pastoral care around issues of sexual morality. Sanctions under the law include fines of up to €150,000 and exclusion from public funding.
On 14 January 2025, the Ministry of Equality announced the opening of formal proceedings following the complaint, which alleges that several dioceses are conducting pastoral programmes intended to influence the sexual orientation or gender identity of LGTBI+ individuals. These programmes reportedly form part of the Church’s ordinary pastoral care.
Law 4/2023, formally titled Law for the Real and Effective Equality of Trans Persons and for the Guarantee of the Rights of LGTBI+ People, prohibits “the practice of methods, programmes, and therapies of aversion, conversion, or counter-conditioning, in any form, aimed at modifying the sexual orientation or gender identity or expression of individuals, even with their consent or that of their legal representative.” Violations may result in administrative sanctions ranging from €200 to €150,000, as well as disqualification from receiving public funds.
While the law was enacted to protect the rights and dignity of LGTBI+ individuals, its vague and expansive language has prompted concern among legal scholars and faith communities. The absence of clear definitions raises the risk that core elements of Christian teaching on sexuality and identity, as well as pastoral support offered in non-coercive and voluntary contexts, could be mischaracterised as unlawful.
The implications for religious freedom are serious. The freedom to manifest religion or belief—protected under Article 9 of the European Convention on Human Rights (ECHR) and Article 18 of the International Covenant on Civil and Political Rights (ICCPR)—includes not only individual rights but also the collective autonomy of religious communities. This encompasses the freedom to offer pastoral care, teach moral doctrine, and shape internal religious life without undue state interference.
The European Court of Human Rights has consistently held that any restriction on the internal affairs of religious communities must be prescribed by law, pursue a legitimate aim, and be necessary and proportionate in a democratic society (see Hasan and Chaush v. Bulgaria, App. No. 30985/96; Metropolitan Church of Bessarabia v. Moldova, App. No. 45701/99). Applying Law 4/2023 to religious teachings—particularly when expressed in non-coercive, pastoral contexts—risks failing this test.
Without clear legal safeguards, the current application of the law may result in the undue penalisation of religious beliefs, especially where they concern longstanding moral teachings. This risks establishing a precedent in which theological perspectives on sexual ethics become vulnerable to state sanction
Source: igualdad.gob.es; Diario de León; El Español; Boe 4/2023; 45701/99 ECHR;
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