On December 26, 1978, 40 years ago today, a modification of the law of social danger of the Franco regime, still in force, marked the end of the legal persecution of homosexuality in Spain. That rule of 1970, already at the end of the dictatorship, heir to the law of vagrants and crooks, stated in its second article, that "they will be declared in a dangerous state, and the corresponding security and rehabilitation measures will be applied to them, which: result Probably included in any of the assumptions of this article and appreciate in them a social danger ". And in the list of who was applied were, along with the "habitual vagrants", "those who perform acts of homosexuality."
The law had included in its name a section: social rehabilitation. Therefore, those who carried out acts of homosexuality and those who habitually engaged in prostitution were imposed "internment in a reeducation establishment" and the "prohibition of residing in the place or territory designated or visiting certain places or public establishments. , and submission to the surveillance of the delegates. " In the case of homosexual men, those centers were, above all, the penal courts of Huelva and Badajoz. For lesbian women, no specific centers were proposed.
The modification of 40 years ago did not involve any recognition. It only consisted in the derogation of the point that referred to the homosexuals, with which there was no concrete measure that mentioned them to punish them, although the law of public scandal remained, of which they were victims, for example, many transsexual women.
The delay in the partial repeal of the law since the death of the dictator in November 1975 meant that people accused of "homosexuality" could not benefit from the 1977 amnesty, which did affect political prisoners.
After the elimination of the law, numerous LGTB collectives called for the elimination of convictions from police archives. By maintaining these, it could be the case that this penalty was listed as background of the person in case of a subsequent police identification. In the end an agreement was reached to maintain them because of their historical value, but without them having an application.
In Spain, the Foundation December 26, dedicated to serving the elderly of the collective, takes its name from the historic date since it is precisely the gays, lesbians and older trans who suffered the rule and benefited from its repeal.
From 1978 to 2005, with the approval of equal marriage, LGTB people did not experience changes in their legal situation. Then came the gender identity law for trans people (2007), and there are currently several autonomic norms for real equalityand it is expected a state