Rastros biopolíticos del franquismo. La homosexualidad como “peligrosidad social” según las sesiones de la Comisión de Justicia española en 1970

Abstract

In January 1970 a bill called “Dangerousness and Social Rehabilitation” was proposed in the Spanish Court to debate. It was a preventive crime law, proposed as a substitution and modernization of an old law from 1933 which was modified in 1954 to include “homosexuals” as potentially dangerous subjects for society and for “common good”. This bill, which included other figures such as prostitutes, pornographers and procurers, was written by the magistrate judge Antonio Sabater Tomas, and it was debated  during the months of June and July by, among others, Pilar Primo de Rivera, who was the founder of Falange Female Section. The disputes held during those sessions of the Justice Commission determined the specific language on which the allegations and convictions of thousands of people would later be based. The enactment of the Law on Danger and Social Rehabilitation, approved in August 1970, was also a precipitating factor for the rise of homosexual activism in Spain, which fought collectively since that same year, among other things, for the abolition of this law.