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Lesbian, gay, bisexual, transgender (LGBT) related laws vary greatly by country or territory—everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex sexual activity or identity.
LGBT-related laws include but are not limited to: government recognition of same-sex relationships, LGBT adoption, sexual orientation and military service, immigration equality, anti-discrimination laws, hate crime laws regarding violence against LGBT people, sodomy laws, anti-lesbianism laws, and higher ages of consent for same-sex activity.
Contents |
Throughout history and across cultures, the regulation of sexuality reflects broader cultural norms.
Most of the history of sexuality is unrecorded. Even recorded norms do not always shed full light on actual practices, as it is sometimes the case that historical accounts are written by foreigners with cryptic political agendas.
In the earlier centuries of ancient Rome (particularly during the Roman Republic) and prior to its Christianization, the Lex Scantinia forbade homosexual acts. In later centuries during, men of status were free to have sexual intercourse, heterosexual or homosexual, with anyone of a lower social status, provided that they remained dominant during such interaction. During the reign of Caligula, prostitution was legalized and taxed, and homosexual prostitution was seen openly in conjunction with heterosexual prostitution. The Warren Cup is a rare example of a Roman artefact that depicts homosexuality that was not destroyed by Christian authorities, although it was suppressed. A fresco from the public baths of the once buried city of Pompeii depicts a homosexual and bisexual sex act involving two adult men and one adult woman. The Etruscan civilization left behind the Tomb of the Diver, which depicts homosexual men in the afterlife.
In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The Samurai period was one in which homosexuality was seen as particularly positive. In Japan, the younger partner in a pederastic relationship was expected to make the first move; the opposite was true in ancient Greece. Homosexuality was later briefly criminalized due to Westernization.[1]
The berdache two-spirit class in some Native American tribes are examples of ways in which some cultures integrated homosexuals into their society by viewing them, not with the homosexual and heterosexual dichotomy of most of the modern world, but as twin beings, possessing aspects of both sexes.
The first recorded Abrahamic laws against sexual intercourse between men are dated by scholars to circa 550 BC, during the Babylonian captivity of the Jewish people; they are recorded in Leviticus (though conservative scholars date Leviticus to be much older), and prescribe the death penalty.
Similar prohibitions are found across Indo-European cultures in Lex Scantinia in Ancient Rome and nith in protohistoric Germanic culture, or the Middle Assyrian Law Codes dating 1075 BC.[2]
Laws prohibiting homosexuality were also passed in communist China. (The People's Republic of China neither adopted an Abrahamic religion nor was colonized, except for Hong Kong and Macau which were colonized with Victorian era social mores and maintain separate legal system from the rest of the PRC.) Homosexuality was not decriminalized there until 1997.[3] But, in fact, homosexual in mainland China was found guilty was included in a general definition under the vague vocabulary of hooliganism, there are no specifically anti-homosexual laws. The main problem is from the arbitrary execution, although in violation of the principle of statutory crimes, because of the arbitrariness of law enforcement in the community, which gives the secular opposition in the non-marital sex a pretext to punish homosexual acts (actually, the majority of people even don´t know the definition homosexuality, which is a construction by the society occidental with the development of modern medicine), and the case in a matter of fact is also relatively few. In this regard, there is a current controversial situation whether homosexuality was decriminalized at 1997 in the process of specify hooliganism, as well as the existence of a statutory guilty of homosexual.[4]
In modern times seven countries have no official heterosexist discrimination. They are Belgium, Canada, Netherlands, Norway, Sweden, South Africa, and Spain. This full non-discrimination includes the rights of marriage and adoption. The Canadian Blood Services’ policy, however, indefinitely defers any man who has sex with another man, even once, since 1977[5]. LGBT people in the USA face different laws for certain medical procedures than other groups. For example, gay men have been prohibited from giving blood since 1983,[6][7] and George W. Bush's FDA guidelines barred them from being sperm donors as of 2005, even though all donated sperm is screened for sexually-transmitted diseases and even the most promiscuous heterosexual men are not barred from donating.[8]
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Algeria | Illegal (Penalty: Fine - up to 2 years prison)[9] | Unknown | Unknown | ||||
Egypt | Not specifically outlawed, other laws may apply[9] | Unknown | |||||
Libya | Illegal (Penalty: up to 5 years prison).[9] | Unknown | |||||
Morocco (incl. Western Sahara) | Illegal (Penalty: up to 3 years) | Unknown | Unknown | ||||
Sudan | Illegal (Penalty: 5 years up to death penalty.) | ||||||
Tunisia | Illegal (Penalty: Fine - 3 years) | Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Benin | Legal[9] | Unknown | Unknown | ||||
Burkina Faso | Legal[9] | Unknown | Unknown | ||||
Cape Verde | Legal since 2004[9] + UN decl. sign. |
Unknown | Unknown | ||||
Côte d'Ivoire | Legal[9] | Unknown | Unknown | ||||
Gambia | Illegal (Penalty: up to 14 years[10]) | Unknown | Unknown | ||||
Ghana | Male illegal Female legal[9] |
Unknown | Unknown | ||||
Guinea | Illegal (Penalty: 6 months to 3 years prison)[9] | Unknown | Unknown | ||||
Guinea-Bissau | Legal[9] + UN decl. sign. |
Unknown | Unknown | ||||
Liberia | Illegal (Penalty: Fine) | Unknown | Unknown | ||||
Mali | Legal[9] | Unknown | Unknown | ||||
Mauritania | Illegal (Penalty: Death penalty) | Unknown | Unknown | ||||
Niger | Legal[9] | Unknown | Unknown | ||||
Nigeria | Male illegal Female illegal in areas under Sharia Female legal in areas not under Sharia. |
Unknown | Unknown | ||||
Senegal | Illegal (Penalty: 1 month to 5 years prison) | Unknown | Unknown | ||||
Sierra Leone | Male illegal Female legal[9] |
Unknown | Unknown | ||||
Togo | Illegal | Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Angola | Not specifically outlawed, other laws may apply (Penalty: Labour camps for habitual offenders).[9] | Unknown | Unknown | ||||
Ascension Island | Legal[9] | Unknown | Unknown | Unknown | Unknown | ||
Cameroon | Illegal (Penalty: Fine to 5 years prison) | Unknown | Unknown | ||||
Central African Republic | Legal[9] + UN decl. sign. |
Unknown | Unknown | ||||
Chad | Legal since 1967 | Unknown | Unknown | ||||
Democratic Republic of the Congo (formerly Zaire) | Legal[9] | Constitutional ban since 2005 | Unknown | Unknown | |||
Equatorial Guinea | Legal[9] | Unknown | Unknown | ||||
Gabon | Legal[9] + UN decl. sign. |
Unknown | Unknown | ||||
Republic of the Congo | Legal[9] | Unknown | Unknown | ||||
Saint Helena | Legal[9] | Unknown | Unknown | Unknown | Unknown | ||
São Tomé and Príncipe | Illegal[9] + UN decl. sign. |
Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Burundi | Illegal since 2009[11] | Constitutional ban since 2005 | Unknown | Unknown | |||
Comoros | Illegal[9] | Unknown | Unknown | ||||
Djibouti | Unclear[9] | Unknown | Unknown | ||||
Eritrea | Illegal[9] | Unknown | Unknown | ||||
Ethiopia | Illegal[9] | Unknown | Unknown | ||||
Kenya | Male illegal (Penalty: up to 14 years) Female currently legal, but the Prime Minister has recently called for the arrest of lesbians as well as gay men[12] |
Constitutional ban in Article 45 since 2010[1] | Unknown | Unknown | |||
Madagascar | Legal | Unknown | Unknown | ||||
Malawi | Male illegal Female legal[9] |
Unknown | Unknown | ||||
Mauritius | Male illegal Female legal (national debate over repeal of the law).[9][13] + UN decl. sign. |
Unknown | Bans some anti-gay discrimination[14] | Unknown | |||
Mozambique | Not specifically outlawed, other laws may apply[9] | Unknown | Bans some anti-gay discrimination[14] | Unknown | |||
Réunion (Overseas department of France) | Legal since 1791 | Pacte civil de solidarité since 1999 |
Single gay persons may adopt | Bans some anti-gay discrimination | Unknown | ||
Rwanda | Legal[9] | Constitutional ban in Article 26 since 2003 | Unknown | Unknown | |||
Seychelles | Male illegal Female legal |
Unknown | Unknown | ||||
Somalia | Illegal[9] | Unknown | |||||
Uganda | Illegal | Constitutional ban since 2005 | |||||
Tanzania | Illegal (Penalty: up to life imprisonment)[9] | Unknown | Unknown | ||||
Zambia | Male illegal (Penalty: up to 14 years) Female legal[9] |
Unknown | Unknown | ||||
Zimbabwe | Male illegal Female legal[9] |
Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Botswana | Illegal (Penalty: Fine - years) | Unknown | Unknown | ||||
Lesotho | Male illegal Female legal[9] |
Unknown | Unknown | ||||
Namibia | Illegal (not enforced)[9][15] | Unknown | Unknown | ||||
South Africa | Legal since 1994 | Legal since 1996 | Legal since 2006 | Legal since 2002 | Bans all anti-gay discrimination | Alteration of Sex Description and Sex Status Act, 2003; Constitution defines "gender" and "sex" as distinct protected classes | |
Swaziland | Male illegal Female legal. Pending law includes outlawing lesbian sex conduct.[9] |
Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
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Western Sahara (80% controlled by Morocco) | Illegal (Penalty: up to 3 years prison) | ||||||
Somaliland | Illegal (Penalty: expulsion from country, prison - up to life, in various regions and districts; death penalty) |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination Laws (sexual orientation) | Anti-discrimination Laws concerning gender identity/expression |
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Bermuda (Overseas territory of the United Kingdom) | Legal since 1994 (Age of consent discrepancy) | Unknown | (due to policy of conscription) | ||||
Canada | Legal since 1969 + UN decl. sign. |
Legal since 2003, nationwide since 2005 | [16][17] | Since 1992[18] | Bans all anti-gay discrimination, including hate speech | Sex changes legally recognised; Explicit anti-discrimination protections only in NWT, implicit elsewhere;[19] | |
Mexico | Legal since 1872[9] + UN decl. sign. |
/ PACS in Coahuila since 2007. All states are obliged to recognize but not to perform same-sex marriages.[20] |
/ Legal in Mexico City since 2010.[21] All states are obliged to recognize but not to perform same-sex marriages.[20] |
/ Joint adoption legal in Mexico City since 2010.[21] Nationwide, single gay persons may adopt.[22] |
/ No explicit ban. However, LGB persons have been reportedly discharged on the grounds of "immorality."[23] | Nationwide since 2003.[24] | / Transgender persons can change their legal gender and name in Mexico City since 2008.[25] |
Saint Pierre et Miquelon (overseas collectivity of France) | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 | Single gay persons may adopt | Bans some anti-gay discrimination | |||
United States | Legal nationwide since 2003 + UN decl. sign. |
/ Varies by state, but not recognized by federal gov't. | / Varies by state, but not recognized by federal gov't | / Single gay persons may adopt, laws on couples vary by state | Don't ask, don't tell | No federal protections. Banned in 20 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act | No federal protections. Banned in 13 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination Laws (sexual orientation) | Anti- discrimination Laws concerning gender identity/expression |
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Belize | Male: Illegal since 2003 (Penalty: 10 year prison sentence) Female: Legal |
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Costa Rica | Legal since 1971 | Doesn't apply. There are no military forces in Costa Rica, nonetheless they may serve in the police | Bans some anti-gay discrimination | ||||
El Salvador | Legal | Yes | Bans some anti-gay discrimination | ||||
Guatemala | Legal | Unknown | Bans some anti-gay discrimination | ||||
Honduras | Legal since 1899[9] | Constitutional ban | Constitutional ban | ||||
Nicaragua | Legal since 2008 + UN decl. sign. |
- | Bans some anti-gay discrimination[9] | ||||
Panama | Legal since 2008 |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination Laws (sexual orientation) | Anti-discrimination Laws concerning gender identity/expression |
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Anguilla (Overseas territory of the United Kingdom) | Legal since 2000 | ||||||
Antigua and Barbuda | Illegal (Penalty: 15 year prison sentence) | ||||||
Aruba (Autonomous country in the Kingdom of the Netherlands) | Legal | Only unions made in The Netherlands recognised | Only same-sex marriages made in The Netherlands recognised | ||||
Bahamas | Legal since 1991 (Age of consent discrepancy) | ||||||
Barbados | Illegal (Penalty: life sentence) | ||||||
British Virgin Islands | Legal since 2000 | Bans some anti-gay discrimination | |||||
Cayman Islands | Legal since 2000 | Unknown | Unknown | ||||
Cuba | Legal since 1979 + UN decl. sign. |
(but proposed) | |||||
Dominica | Illegal (Penalty: 10 year prison sentence) | ||||||
Dominican Republic | |||||||
Grenada | Male illegal (Penalty: 10 year prison sentence) Female legal |
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Guadeloupe (Overseas department of France) | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 |
Single gay persons may adopt | Bans some anti-gay discrimination | |||
Haiti | Legal since 1986 | U | |||||
Jamaica | Illegal (Penalty: 10 years hard labor) Female legal. |
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Martinique (Overseas department of France) | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 |
Single gay persons may adopt | Bans some anti-gay discrimination | |||
Montserrat | Legal since 2000 | ||||||
Puerto Rico (Commonwealth of the United States) | Legal since 2003 | US military has a "don't ask, don't tell" policy | Puerto Rico is covered by United States federal Hate Crimes law. | ||||
Saint Kitts and Nevis | Male illegal (Penalty: 10 years) Female legal |
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Saint Lucia | Male illegal (Penalty: fine and/or 10 year prison sentence) Female legal |
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Saint Vincent and the Grenadines | Illegal (Penalty: fine and/or 10 year prison sentence) | ||||||
Trinidad and Tobago | Illegal (Penalty: 25 year prison sentence) | ||||||
Turks and Caicos Islands | Legal since 2000 | ||||||
United States Virgin Islands (Insular area of the United States) | Legal | US military has a "don't ask, don't tell" policy | - | - |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination Laws (sexual orientation) | Anti- discrimination Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Argentina | Legal since 1887[9] + UN decl. sign. |
Legal since 2010.[26] | Legal since 2010. | Since 2009.[27] | Legal protection nationwide since 2010. | Unknown | |
Bolivia | Legal + UN decl. sign. |
Constitutionally banned in 2007 | Unknown | Bans some anti-gay discrimination | Bans all discrimination based on gender identity[28] | ||
Brazil | Legal since 1830[9] + UN decl. sign. |
Unregistered cohabitation throughout the country. | Decision pending in the Supreme Federal Court.[29] | Same-sex adoption in Brazil legal according to the Superior Court of Justice.[30] | Gays and lesbians to serve openly in military.[31] | No explicit legal protection nationwide | The jurisprudence of the Superior Court of Justice has been in favor of Gender-motivated identity change.[32][33] |
Chile | Legal since 1999[9] (Age of consent discrepancy) + UN decl. sign. |
(Bill "Civil Unions 2010" in Congress) | (Bill "Same-sex marriage 2010" in Congress[34]) | No laws related to the sexual orientation of members of the armed forces.[35] | (Bill "Anti-discrimation law 2005" in Congress) | is possible to change any name( male /female) and is possible to reconize change of sex if have done a surgery first to change sex | |
Colombia | Legal since 1981 + UN decl. sign. |
Legal since 2007 | Project to be presented by the Liberal Party | single gay person may adopt. First case of step-child adoption, Court ordered.[36] | since 1999. Since 2009: the military special social security system can be used by same sex couples in the army | The Constitution of 1991 penalizes any sort of discrimination based on several characteristics, including gender and sexual orientation. | [37] Since 1993. The name's gender can be changed easily in the National ID Card, to change the sex field a surgery is required. |
Ecuador | Legal since 1997 + UN decl. sign. |
[38] Civil unions recognized since 2009 | Constitutional ban | Unknown | Bans some anti-gay discrimination | Unknown | |
Falkland Islands (overseas territory of the U.K.) | Legal | Legal since 2005 | Bans some anti-gay discrimination | Unknown | |||
French Guiana | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 | Single gay persons may adopt | Bans some anti-gay discrimination | Unknown | ||
Guyana | Male illegal (Penalty: life imprisonment) Female legal. |
Unknown | Added to constitution in 2004, but withdrawn afterwards by the government. | Unknown | |||
Paraguay | Legal since 1880[9] + UN decl. sign. |
Constitutional ban since 1992[39] | Constitutional ban since 1992[39] | Unknown | Unknown | ||
Peru | Legal since 1836-37[9] | since 2009[40] | Bans all anti-gay discrimination. Penalized with 2-4 years in jail. | Possible via Civil Code and Legal Process, but no specific law. | |||
South Georgia and the South Sandwich Islands | Legal | Legal since 2005 | Bans some anti-gay discrimination | Unknown | |||
Suriname | Legal since 1869[9] | Unknown | Unknown | ||||
Uruguay | Legal since 1934 + UN decl. sign. |
Civil unions since 2008.[41] | But proposed.[42] | Since 2009.[43] | Since 2009.[44] | Legal protection since 2004.[45] | Legal protection since 2004.[45] Transgender persons can change their legal gender and name since 2009.[46] |
Venezuela | Legal + UN decl. sign. |
Civil union bill passed first reading, becomes law if passes second | Bans some anti-gay discrimination[9] | Under consideration (passed first reading) |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Kazakhstan | Legal since 1998[9] | Unknown | |||||
Kyrgyzstan | Legal since 1998[9] | Unknown | |||||
Tajikistan | Legal since 1998[9] | Unknown | |||||
Turkmenistan | Male illegal (Penalty: up to 2 year prison sentence) Female legal[9] |
Unknown | |||||
Uzbekistan | Male illegal (Penalty: up to 3 year prison sentence) Female legal[9] |
Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Bahrain | Unclear[9] | ||||||
Iraq | Legal since 2003 | ||||||
Israel | Legal since 1963 de facto 1988 de jure[47] + UN decl. sign. |
Unregistered cohabition Legal | Cannot be performed in the country, but foreign same-sex marriages are recognised | [48][49] | Bans some anti-gay discrimination | ||
Jordan | Legal since 1951 |
Unknown | Unknown | ||||
Kuwait | Illegal (Penalty: fines, men under 21 face prison sentences up to 10 years, men over 21 face prison sentences up to 7 years) | ||||||
Lebanon | Illegal (Penalty: up to one year of imprisonment)[9] | ||||||
Oman | Illegal (Penalty: fines, prison sentence up to 3 years; however, only enforced when dealing with "public scandal") | ||||||
Palestinian territories (Gaza) | Male illegal (Penalty: up to 10 year prison sentence) Female legal |
Unknown | |||||
Palestinian territories (West Bank) | Legal since 1951[9] | Unknown | Unknown | ||||
Qatar | Illegal (Penalty: fines, prison sentence up to 5 years) | ||||||
Saudi Arabia | Illegal (Penalty: death or prison/fines/whipping) | ||||||
Syria | Illegal (Penalty: prison sentence up to 3 years; law de facto suspended) | ||||||
United Arab Emirates | Illegal (Penalty: deportation, fines, prison time or death sentence) | ||||||
Yemen | Illegal (Penalty: flogging or death) |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
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Afghanistan | Illegal | ||||||
Bangladesh | Illegal | ||||||
Bhutan | Illegal (Penalty: prison sentence up to 1 year; no cases of penalty actually enforced) | ||||||
India | Legal since 2009 | [50] | Transgender people allowed to tick O (Other) in passport and voter identification forms | ||||
Iran | Illegal (Penalty: Death) | Transsexuality in Iran is legal if accompanied by a sex change operation; however, transsexuals still report societal intolerance.[51] | |||||
Maldives | Illegal | ||||||
Nepal | Legal since 2007[9] + UN decl. sign. | Under consideration | Under consideration | Supreme Court ruled discrimination laws apply to homosexuals | "Third gender" cards have been issued since September 2007, legally protected class[52] | ||
Pakistan | Illegal (Penalty: 2 years to life sentence) | 'Third gender' officially protected from discrimination by Supreme Court of Pakistan in 2010 | |||||
Sri Lanka | Sodomy may be illegal - British-enacted law, never implemented |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
China | Legal since 1997 | Unknown | Transsexuals allowed to change legal gender | ||||
Hong Kong | Legal since 1991 (equal age of consent of 16 for both heterosexual and homosexual sex since 2006) | Unknown (China responsible for defence) | |||||
Japan | Legal since 1880 + UN decl. sign. |
[53] | / No federal protections, but some cities bans some anti-gay discriminations[9] | Transsexuals allowed to change legal gender | |||
Macau | Legal since 1996 | Unknown (China responsible for defence) | Unknown | ||||
Mongolia | Legal since 2002 | Unknown | Unknown | ||||
North Korea | (showing public affection is frowned upon even on heterosexual couples) | Unknown although there are heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle | |||||
South Korea | Legal | Transsexuals allowed to change legal gender | |||||
Taiwan | Legal | Pending law allows civil unions or same-sex marriage. | Due to military draft | Bans some anti-gay discrimination (in work and education) | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Brunei | Illegal (Penalty: fine or prison sentence up to 10 years) | ||||||
Burma | Illegal (Penalty: up to life sentence) | ||||||
Cambodia | Legal | Technically prohibited, though there has been at least one recorded case of a legally registered and recognized same-sex marriage | Unknown | Unknown | |||
East Timor | Legal + UN decl. sign. |
Unknown | Unknown | ||||
Indonesia | Legal[54] except for Muslims in Aceh Province[55] | Unknown | Unknown | ||||
Laos | Legal | Unknown | Unknown | ||||
Malaysia | Illegal (Penalty: fines, prison sentence (2-20 years), or whippings) | ||||||
Philippines | Legal.[56][57] | [57] | [57] | [58] | Since 2009 | No national protections, but Quezon City and Albay have anti-discrimination ordinances[59] National bill pending but still not made into law | Unknown |
Singapore | Male illegal (Penalty: up to 2 years prison sentence; no plan to repeal 377A and not enforced since 1999)
Female legal |
Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. | |||||
Thailand | Legal since 1956 | Since 2005 | Unknown | ||||
Vietnam | Legal (no laws against homosexuality have ever existed) | Unknown | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Denmark | Legal since 1933 + UN decl. sign. |
Legal since 1989 | Only in registered partnerships since 2010 | Bans all anti-gay discrimination[9][61] | |||
Estonia | Legal since 1992 + UN decl. sign. |
Only married couples can adopt | Bans some anti-gay discrimination[61] | ||||
Faroe Islands (constituent country of the Kingdom of Denmark) | Legal since 1933 | (Denmark responsible for defence) | Bans some anti-gay discrimination[61] | ||||
Finland | Legal since 1971 + UN decl. sign. |
Legal since 2002 | (proposed)[62] | / Only in registered partnerships and only with partner's children (full joint adoption proposed) | Bans some anti-gay discrimination[61] | ||
Greenland (constituent country of the Kingdom of Denmark) | Legal since 1933 +UN decl. sign via Denmark. |
Legal since 1996 | / Only in registered partnerships and only with partner's children | (Denmark responsible for defence) | Bans some anti-gay discrimination | ||
Iceland | Legal since 1940 + UN decl. sign. |
Legal since 1996 | Legal since 2010 | Legal since 2006 | N/A | Bans all anti-gay discrimination[61] | Sex changes are legal and documents can be amended to the recognised gender. |
Ireland | Legal since 1993 + UN decl. sign. |
Legal from 2011 | Single gay persons may adopt | Bans all anti-gay discrimination[61] | Legislation to recognise gender identity proposed | ||
Isle of Man | Legal since 1991 | / Civil partnerships from UK partially recognised, Civil Partnership (Isle of Man) Bill now awaiting assent. | UK responsible for defence | Bans some anti-gay discrimination | Gender Recognition Act 2009[2] | ||
Latvia | Legal since 1992 + UN decl. sign. |
Constitutional ban since 2006 | Only married couples can adopt | Bans some anti-gay discrimination | |||
Lithuania | Legal since 1993 + UN decl. sign. |
Constitutional ban since 1992 | Only married couples can adopt | Bans all anti-gay discrimination[61] | |||
Norway | Legal since 1972 + UN decl. sign. |
Legal since 1993 | Legal since 2009 | Legal since 2009 | Bans all anti-gay discrimination.[61] | Sex changes are legal and documents can be amended to the recognised gender. | |
Sweden | Legal since 1944 + UN decl. sign. |
Legal since 1995 | Legal since 2009 | Legal since 2003 | Bans all anti-gay discrimination [9] | Sterilization and divorce necessery for legal gender change. | |
United Kingdom | Legal since 1967 in England and Wales, 1981 in Scotland and 1982 in Northern Ireland + UN decl. sign. |
Civil partnership since 2005 | Legal since 2002 in England and Wales, 2009 in Scotland and unclear in Northern Ireland | Bans all anti-gay discrimination[63][9] | Gender Recognition Act 2004 |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Belgium | Legal since 1795 + UN decl. sign. |
Legal since 2000 | Legal since 2003 | Legal since 2006 | Bans all anti-gay discrimination[61] | ||
France | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 |
Single gay persons may adopt | Bans all anti-gay discrimination[9][61] | |||
Guernsey (incl. Alderney, Herm and Sark) | legal since 1983 | UK responsible for defence | Bans some anti-gay discrimination[64] | [64] | |||
Jersey | legal since 1990 | Civil Partnership (Jersey) Bill now awaiting assent | UK responsible for defence | Bans some anti-gay discrimination | Gender Recognition (Jersey) Law 2010[3] | ||
Luxembourg | Legal since 1795 + UN decl. sign. |
Legal since 2004 | (proposed) | Single gay persons may adopt (step-child only proposed) | Bans some anti-gay discrimination | ||
Monaco | Legal since 1793 | France responsible for defence | |||||
Netherlands | Legal since 1811 + UN decl. sign. |
Legal since 1998 | Legal since 2001. First country to legalise same-sex marriage. | Bans all anti-gay discrimination[61] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Austria | Legal since 1971 + UN decl. sign. |
Registered partnership since 2010 | Bans some anti-gay discrimination | ||||
Croatia | Legal since 1977 + UN decl. sign. |
Unregistered cohabitation since 2003 | Bans all anti-gay discrimination [65][61] | Act on the elimination of discrimination, The Law on volunteering | |||
Czech Republic | Legal since 1962 + UN decl. sign. |
Registered partnership since 2006. | Single gay persons may adopt | Bans some anti-gay discrimination | |||
Germany | Legal since 1968 in East Germany and 1969 in West Germany totally legalized 1994 + UN decl. sign. |
Registered partnership since 2001 | / Step-child adoption only (full joint adoption proposed) | Bans some anti-gay discrimination | |||
Hungary | Legal since 1962 + UN decl. sign. |
Registered partnership since 2009 | Bans some anti-gay discrimination | ||||
Liechtenstein | Legal since 1989 + UN decl. sign. |
Registered Partnership Bill pending | N/A | ||||
Poland | Legal till 18th century, criminalized in 19th, legal again since 1932 + UN decl. sign. |
Constitution defines marriage as "a union of a man and a woman"[66] | Single gay persons may adopt | Bans some anti-gay discrimination | Sex change legal; birth certificate is amended after the reassignment surgery | ||
Slovakia | Legal since 1962 + UN decl. sign. |
Bans some anti-gay discrimination | |||||
Slovenia | Legal since 1977 + UN decl. sign. |
Registered partnership since 2006 | (pending)[67] | Single gay persons may adopt (full adoption rights pending) | Bans some anti-gay discrimination | Sex change can be recorded in a central register, and new documents can be issued based on person's new gender identity.[68] | |
Switzerland | Geneva, Vaud, Valais and Ticino: legal since 1798. Nationwide since 1942 + UN decl. sign. |
Registered partnership since 2007 | Single gay persons may adopt. | Bans some anti-gay discrimination |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Albania | Legal since 1995 + UN decl. sign. |
Bans all anti-gay discrimination[69] | Forbids discrimination based on gender identity. | ||||
Armenia | Legal since 2002 + UN decl. sign. |
Unknown | |||||
Azerbaijan | Legal since 2000 | Unknown | |||||
Belarus | Legal since 1994 | Constitutional ban since 1994. | Banned from military service | ||||
Bosnia and Herzegovina | Legal since 1998 + UN decl. sign. |
Bans some anti-gay discrimination | |||||
Bulgaria | Legal since 1968 + UN decl. sign. |
Constitutional ban since 1991. | Bans some anti-gay discrimination | ||||
Georgia | Legal since 2000 + UN decl. sign. |
Unknown | Bans some anti-gay discrimination | ||||
Macedonia | Legal since 1996 + UN decl. sign. |
Bans some anti-gay discrimination[61] | |||||
Moldova | Legal since 1995 | Constitutional ban since 1994. | |||||
Montenegro | Legal since 1977 + UN decl. sign. |
Constitutional ban since 2007. | Bans all anti-gay discrimination[70] | Forbids discrimination based on gender identity. | |||
Romania | Legal since 1996 + UN decl. sign. |
Bans all anti-gay discrimination[61] | |||||
Russia (incl. all constituent regions) | Legal since 1993. Previously legal from 1917 to 1930. | ||||||
Serbia | Legal since 1994 + UN decl. sign. |
Constitution defines marriage as "a union of a man and a woman" | Don't ask, don't tell policy (similar to the US) | Bans some anti-gay discrimination | Act on the elimination of discrimination | ||
Ukraine | Legal since 1991 | Constitutional ban since 1996. |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Andorra | Legal since 1790 + UN decl. sign. |
Legal since 2005 | Legal since 2005 | N/A | Bans all anti-gay discrimination[61] | ||
Cyprus | Legal since 1998 + UN decl. sign. |
(proposed) | Bans some anti-gay discrimination | ||||
Gibraltar (overseas territory of the U.K.) | Legal since 1993 (Age of consent discrepancy) | UK responsible for defence | Bans some anti-gay discrimination | ||||
Greece | Legal since 1951 (Age of consent discrepancy) + UN decl. sign. |
(proposed) | Bans some anti-gay discrimination | ||||
Italy | Legal since 1890 + UN decl. sign. |
Only married couples can adopt | Bans some anti-gay discrimination | Sex changes are legal and documents can be amended to the recognised gender. [71] | |||
Malta | Legal since 1973 + UN decl. sign. |
Unregistered Cohabitation Bill pending | Bans some anti-gay discrimination | Sex changes are legal and documents can be amended to the recognised gender. | |||
Portugal | Legal since 1983 + UN decl. sign. |
Legal since 2001 | Legal since 2010 | Single gay persons may adopt | Bans all anti-gay discrimination, according to Constitution[61] | Approved by portuguese parliament on 1 October, 2010 in a 1st round. Approved on 26 November in a 2nd round. Still to be approved by President Aníbal Cavaco Silva. [72] | |
San Marino | Legal since 2001 + UN decl. sign. |
Unknown | |||||
Spain | Legal since 1979 + UN decl. sign. |
Legal since 1998 | Legal since 2005 | Bans all anti-gay discrimination[61] | La Ley de Identidad de Género (Gender Identity Law), enacted in 2007. | ||
Turkey | Legal since 1858 | Committee formed in March 2010 to draft a discrimination clause including sexual orientation.[73] | |||||
Vatican City | Legal since 1929 | Unknown |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Kosovo (only partially recognised, claimed by Serbia) | Legal since 1994 (as part of Serbia), 2008 (as partially recognised sovereign territory) | Bans all anti-gay discrimination[61] | |||||
Turkish Republic Northern Cyprus (recognised only by the Republic of Turkey) | Male illegal (Penalty: up to 5 years imprisonment) Female legal[9] |
LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Australia (including territories of Christmas Island, Cocos (Keeling) Islands, Norfolk Island) | Legal nationwide since 1994.
+ UN decl. sign. |
Unregistered cohabitation in all states and under federal laws. Civil Union schemes in ACT, Tasmania, Victoria & New South Wales |
/ Joint adoption in ACT, New South Wales and Western Australia. Stepchild adoption in Tasmania. |
since 1992 | Bans all anti-gay discrimination | Covered by all state and territory laws only. | |
New Zealand | Legal since 1986.
+ UN decl. sign. |
Legal since 2004. | Single gay persons may adopt. | Bans all anti-gay discrimination | Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006. |
LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
East Timor (terminology "Oceania" varies on border defintions) | Legal since 1975[9] + UN decl. sign |
Unknown | |||||
Fiji | Legal since 2010[9] | Unknown | 1997 constitution that banned all anti-gay discrimination has been suspended | Unknown | |||
New Caledonia (overseas collectivity of France) | Legal | PACS since 2009 | French responsibility | Unknown | |||
Papua New Guinea | Illegal[9] | ||||||
Solomon Islands | Illegal[9] | ||||||
Vanuatu | Legal since 2007[9] | Unknown |
LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Guam (unincorporated territory of the United States) | Legal since 1979 | Currently debated | Unknown | Bans all anti-gay discrimination | |||
Federated States of Micronesia | Legal[9] | Defense responsibility of the US, which has "Don't Ask, Don't Tell." | |||||
Kiribati | Male illegal Female legal[9] |
||||||
Marshall Islands | Legal since 2005[9] | Unknown | |||||
Nauru | Male illegal Female legal[9] |
||||||
Northern Mariana Islands | Unknown | U.S. responsibility for defence | Unknown | ||||
Palau | Male illegal Female legal[9] |
LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
American Samoa (unincorporated territory of the United States) [74] | Legal since 1899 | US military has "Don't ask, don't tell" policy | Unknown | ||||
Easter Island (overseas territory of Chile) | Legal since 1998 | ||||||
Cook Islands (part of the realm of New Zealand) | Male illegal Female legal[9] |
New Zealand's responsibility | |||||
French Polynesia (overseas collectivity of France) | Legal | French responsibility | Unknown | ||||
Niue (part of the realm of New Zealand) | Legal since 2007[9] | Has no military forces | Unknown | ||||
Pitcairn Islands (overseas territory of the United Kingdom) | Legal since 1967 | Civil partnerships since 2005 | Bans most anti-gay discrimination | ||||
Samoa | Has no military forces | ||||||
Tokelau (part of the realm of New Zealand) | Legal 2007[9] | Has no military forces | |||||
Tonga | Male illegal Female legal[9] |
||||||
Tuvalu | Male illegal Female legal[9] |
Has no military forces | Unknown | ||||
Wallis and Futuna (overseas collectivity of France) | Legal | PACS since 2009 | French responsibility | Unknown |
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