| LGBT rights in San Marino | |
|---|---|
Location of LGBT rights in San Marino (green)
in Europe (dark grey) — [Legend] |
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| Same-sex sexual activity legal? | Legal since 1864 Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004 |
| Gender identity/expression | - |
| Recognition of relationships |
No |
| Adoption | No |
| Discrimination protections | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
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In September 2004 article 274 in the Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they have been engaged in "habitually" and thereby caused "public scandal".
The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained article 274. The actual text (in Italian) is as follows :
"Atti di libidine con persone del medesimo sesso. Chiunque abitualmente commette atti di libidine con persone del medesimo sesso, punito, se dal fatto deriva pubblico scandalo, con la prigionia di primo grado e con l'interdizione di secondo grado dai diritti politici e dai pubblici uffici."[1]
In very rough English, it would be approximately:
"Lustful acts with persons of the same sex. Whoever habitually commits lustful acts with persons of the same sex, is to be punished, if that act creates a public scandal, firstly with imprisonment, and secondly with the suspension of political rights and from public office.".
There are no reports that article 274 was ever applied.[1] It was the only special provision on homosexuality in the San Marinese penal code.
The age of consent is equally set at 14 (Art. 173 CP; the same as in Italy). Additionally (unlike in Italy) it is an offence to "incite a minor under 18 years to sexual corruption" (Art. 177 CC). This law (as similar laws in various countries have been ) could be a source for discriminatory enforcement in the case of homosexual relations.
There is no recognition of same-sex couples.
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