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At least one partner must be a Spanish citizen in order to marry, although two non-Spaniards may marry if they both have legal residence in Spain.

The November 2011 general election delivered a landslide victory to the People's Party, whose leader Mariano Rajoy said that he opposed same-sex marriage, but any decision about repealing the law could be made only after the ruling of the Constitutional Court.

Politician Pedro Zerolo was one of the most important LGBT activists in the history of Spain and one of the biggest promoters of extending the right to marriage and adoption to same-sex couples in the country.

The Socialist Party (PSOE) manifesto for the 2004 general election included the pledge of amending the Civil Code to legalize same-sex marriage, granting it the same status as heterosexual marriage in order to "ensure full social and legal equality for lesbians and gays".

In 2004, the nation's newly elected Socialist Party (PSOE) Government, led by Prime Minister José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples.

After much debate, a law permitting same-sex marriage was passed by the Cortes Generales (Spain's bicameral Parliament, composed of the Senate and the Congress of Deputies) on 30 June 2005 and published on 2 July 2005.

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The law took effect the next day, making Spain the third country in the world to allow same-sex couples to marry across the entire country, after the Netherlands and Belgium, and 17 days ahead of the right being extended across all of Canada.

The ratification of this law was not devoid of conflict, despite support from 66% of the population.

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Same-sex marriage has been legal in Spain since 3 July 2005.

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