Namely, two Spaniards can marry, but if one of the two is a non-resident (i.e., not a Spanish citizen,) then the two can only get hitched if the foreign national's country would recognize the marriage itself.
Now, let's face it, that shrinks the pool of non-Spaniards who can get legally married in case they are dating someone from Spain to three nationalities: Dutch, Belgian, and, now, Canadian.
If none of the two is a Spanish citizen, then there are other issues (which haven't been worked out yet, but Spain wouldn't be alone in this.) The problem with this issue is that heterosexuals would never hit such a wall, because they can get married anywhere in the world.
And the discrimination continues...
... until now, that is!! Imagine that, it took Spain less than a whole month to settle the issue in favor of the discriminated minority by issuing a non-binding (for now) decision allowing such marriages to take place.
Boy, that was fast. Here's the good news:
Binational same-sex couples can marry in Spain
Despite an earlier court statement to the contrary, an authoritative official body has now said that nonresidents of Spain will be allowed to marry a same-sex Spanish partner in Spain regardless of whether the nonresident's home nation allows gay marriage.
Spain legalized full same-sex marriage on July 3.
The Junta de Fiscales de Sala, a board of lawyers that assists the fiscal general del Estado, who is similar to a national attorney general, issued its decision July 26.
However, the decision does not necessarily bind local marriage officials, who can refuse to perform such a marriage. Should such a refusal occur, it could lead to a binding court ruling on the matter.
The question of whether two foreigners of the same sex can get married in Spain apparently has not been addressed yet.
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