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The Spanish Non-Contentious Proceedings Act of 2015 enables notaries to instruct the previous record of capacity and to celebrate civil marriages, also of same sex couples. Given the obligation of the notary to act at the request of individuals, this professional may be forced against his/her conscience in performing these marriages. This article assesses the feasibility of Spanish notaries' conscientious objection to same sex marriages, as well as the moral permissibility of their cooperation in evil. Regulatory elements examined play against the recognition of conscientious objection, that might well have been admitted without substantial detriment of the objective of the reform of marriage in the Spanish legal system. The research verifies the lack of legal protection suffered by the freedom of conscience of the notary.

Conscientious objection of the Spanish notaries on the occasion of the new law of voluntary jurisdiction