 On 21 July 2005 , a judge from the city of Dénia refused to issue a marriage license to a lesbian couple . The judge also filed a constitutional challenge against the same @-@ sex marriage law with the Constitutional Court based on Article 32 of the Constitution that contains the phrase " Men and women have the right to contract marriage with full juridical equality . " In August 2005 , a judge from Gran Canaria refused licenses to three same @-@ sex couples and mounted another constitutional challenge . In December 2005 , the Constitutional Court rejected both challenges owing to both judges ' lack of standing to file them . On 30 September 2005 , the opposition People 's Party decided to initiate a separate constitutional challenge , causing division within the party . The outcome was published on November 6 , 2012 , seven years after the challenge was presented . The Court decided to uphold the same @-@ sex marriage law with 8 support votes and 3 against . 
