There were 138 abstentions.
The legislation now proceeds to the Senate, where it will require further approval before it can enter into force.
It provides for a prison sentence of six months to two years or a fine imposed for a period of between eight and 24 months for anyone who carries out acts, methods, techniques or procedures of “aversion or conversion” on another person. The conduct covered may be psychological, physical, pharmacological or “of any other nature”, and must be intended to modify, suppress, eliminate or deny a person’s sexual orientation, sexual identity or gender expression. It applies where such acts affect bodily integrity or physical or mental health, or seriously impair “moral integrity”.
The amendment specifies that a criminal offense occurs even if the conduct takes place “with that person’s consent or the consent of their legal representative”.
Critics Point Out Criminalization's Chilling Effect
Vocal opposition to the conversion practices bill has emerged since its introduction, particularly from religious organizations concerned about the potential criminalization of pastoral activity and the effect such prohibitions have on broader freedoms like speech, conscience and religion.
The Alianza Evangélica Española (Spanish Evangelical Alliance) has arguably been the largest critic outside the Spanish parliament, saying in a statement issued when the proposal was first introduced that it projects a “false image of manipulation and torture treatments”.
It added on that occasion that the phrase “conversion therapy” itself created a particular narrative, the language “inevitably” evoking the “‘anti-conversion laws’ characteristic of totalitarian regimes”.
The AEE criticized the criminalization as unnecessary in addition to the other issues it perceived, saying that conversion practices were already prohibited by both state and regional legislation, including a 2023 law that treated them as a serious administrative offense.
Abusive practices in professional settings, including healthcare settings, were also already addressed by both the Criminal Code and by the ethical codes of medical associations, the organization said.
Another critique came from the Catholic Bishop of Orihuela-Alicante, José Ignacio Munilla, who said on a podcast on 26 June that the move represents the persecution of Catholics experiencing same-sex attraction who seek help to live “chastely”.
On the show Sexto Continente (Sixth Continent), Bishop Munilla described the concept of conversion therapy as an “ideological construct of an anti-Christian lobby” designed to prevent the pastoral support of individuals with homosexual inclinations “who in conscience want to live chastely and are seeking help”.
A Global Crusade Against Conversion Practices
Meanwhile, on the opposite side of the globe, the Tasmanian parliament is shortly expected to debate legislation brought by the Greens similarly seeking to ban conversion practices.
According to Tasmanian Greens leader Rosalie Woodruff, the bill would create a number of new crimes, including “conducting a conversion practice”, bringing someone out of the state for conversion practices and advertising conversion practices.
A vote on the Tasmanian law is expected later this year.
The Spanish and Tasmanian crackdowns on vaguely defined conversion therapies and practices are only the latest in an ongoing wave of legislative innovations. Last week, the UK introduced a bill that could see parents, pastors, teachers and medical professionals face jail or unlimited fines if they attempt to talk a young person out of transgender treatment.
The conversion practices draft bill was published last week and would create new criminal offenses if it becomes law in Britain, including engaging in an “abusive conversion practice” that causes either harm to a person’s physical or mental health or alarm that affects a person’s “usual day-to-day activities”.
As in other jurisdictions, those opposed to the initiative argued that the phrase “conversion practices” casts too broad a net and will have the ultimate effect of chilling legitimate conduct, speech and interactions.
Robert Clarke, international director of advocacy with the Christian legal group ADF International, said that “genuine abuse is already illegal”, along with the other behaviors the bill is supposedly required to address: assault, coercive control and harassment.
“This bill isn’t filling a gap in protection”, he said, adding that it is “drawing a vast, vague new net over belief, speech, and family life, and calling it safeguarding”.
