LGBT rights by country or territory
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LGBT rights at the United Nations
*Support: Countries which have signed an LGBT rights Declaration in the General Assembly, sponsored the 2011 LGBT rights resolution in the UNHRC, or both (94 member-states)
*Oppose: Countries which had signed a statement opposing LGBT rights in 2008; initially 57, but 3 countries switched to supporting LGBT rights (54 member-states)
*Neither: Countries which have not officially opposed or supported LGBT rights in the UN (46 member-states)
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Laws affecting lesbian, gay, bisexual, and transgender (LGBT) people 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 romantic/sexual activity or identity.
LGBT rights are human rights[1] and civil rights.[2] LGBT rights laws include, but are not limited to, the following: government recognition of same-sex relationships (such as via same-sex marriage or civil unions), LGBT adoption, recognition of LGBT parenting, anti-bullying legislation and student non-discrimination laws to protect LGBT children and/or students, immigration equality laws, anti-discrimination laws for employment and housing, hate crime laws providing enhanced criminal penalties for prejudice-motivated violence against LGBT people, equal age of consent laws, and laws related to sexual orientation and military service.
Anti-LGBT laws include, but are not limited to, the following: sodomy laws penalizing consensual same-sex sexual activity with fines, jail terms, or the death penalty, anti-'lesbianism' laws, and higher ages of consent for same-sex activity.
In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, which was followed up with a report from the UN Human Rights Commission documenting violations of the rights of LGBT people, including hate crime, criminalization of homosexuality, and discrimination. Following up on the report, the UN Human Rights Commission urged all countries which had not yet done so to enact laws protecting basic LGBT rights.[3][4]
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Africa
Though often ignored or suppressed by European explorers and colonialists, homosexual expression in native Africa was present and took a variety of forms. Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in socially sanctioned "long term, erotic relationships," named motsoalle.[5] E. E. Evans-Pritchard also recorded that male Azande warriors (in the northern Congo) routinely took on boy-wives between the ages of twelve and twenty, who helped with household tasks and participated in intercrural sex with their older husbands. The practice had died out by the early 20th century, after Europeans had gained control of African countries, but was recounted to Evans-Pritchard by the elders he spoke to.[6]
Americas
Homosexual and transgender individuals were common among other pre-conquest civilizations in Latin America, such as the Aztecs, Mayans, Quechuas, Moches, Zapotecs, and the Tupinambá of Brazil.[7][8]
Jackson Katz puts forth that there is documentation of "intimate relationships between two males, often of a lifelong character", and "homosexual relations between adults and youths".[9][10] American Native tribes had third-gender roles.[9] These include "berdaches" (a derogatory term for genetic males who assumed a feminine role) and "passing women" (genetic females who took on a masculine role). The term "berdache" is not a Native American word; rather it was a European definition covering a range of third-gender people in different tribes.[10][11]
The Spanish conquistadors were horrified to discover sodomy openly practiced among native peoples, and attempted to crush it out by subjecting the berdaches (as the Spanish called them) under their rule to severe penalties, including public execution, burning and being torn to pieces by dogs.[12]
Ancient Assyria
In the ancient Assyrian society, homosexuality was present and it was also not prohibited. Religiously, there was nothing amiss with homosexual love between men.[13] Some ancient religious Assyrian texts contain prayers for divine blessings on homosexual relationships.[14][15][15] The Almanac of Incantations contained prayers favoring on an equal basis the love of a man for a woman, of a woman for a man, and of a man for man — lesbian love was not mentioned, probably because of the low status of women in ancient times.[16] Same-sex marital practices and rituals were more recognized in Mesopotamia than in ancient Egypt.[17][18]
According to the Reallexicon der Assyriologie,[19] it seems clear that the Mesopotamians saw nothing wrong in homosexual acts between consenting adults:
"Homosexuality in itself is thus nowhere condemned as licentiousness, as immorality, as social disorder, or as transgressing any human or divine law. Anyone could practise it freely, just as anyone could visit a prostitute, provided it was done without violence and without compulsion, and preferably as far as taking the passive role was concerned, with specialists."
The Šumma ālu included 38 omens dealing with sexuality, four of which involved a male-to-male sexual act. One of them was unambiguously positive:[20]
"If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers."
According to this code, if a male were to penetrate another male who was of equal status or a cult prostitute, it was thought that trouble will leave him and he will have good fortune.[21] By contrast, sex with a royal attendant, a fellow prisoner and a household slave would bring him worries, evilness and bad destiny, respectively. Further, the laws suggest that if a male were to take the submissive role, what the Assyrians considered similar to a woman's role, in same-sex intercourse, he was to be looked down upon as shameful.[22]
Although illustrated and literary references in ancient Mesopotamia show acceptance of some forms of homosexuality, they are wary toward others — Middle Assyrian Law Codes, from Assur, dating 1075 BC speak of a "seignior" (someone of high social rank in the community) and his "neighbor" (someone of equal social status who lived nearby):
"If a seignior [an Assyrian man] lay with his neighbor [another citizen], when they have prosecuted him (and) convicted him [the first citizen], they shall lie with him (and) turn him into a eunuch".
This law code describes, and condemns, a situation that involves homosexual rape, not homosexuality itself; A man has forced sex upon another person, who then has the option of bringing a charge against him. The perpetrator is punished while the victim is not.[23] Anyone could visit a prostitute or lie with another male, as long as false rumors or forced sex were not involved with another Assyrian male.[24]
Ancient China
Homosexuality has been acknowledged in China since ancient times. Scholar Pan Guangdan (潘光旦) came to the conclusion that nearly every emperor in the Han Dynasty had one or more male sex partners.[25] There are also descriptions of lesbians in some history books. It is believed homosexuality was popular in the Song, Ming and Qing dynasties.[26] Same-sex love was celebrated in Chinese art, many examples of which have survived the book burnings of the Cultural Revolution. Though no large statues are known to still exist, many hand scrolls and paintings on silk can be found in private collections.[27]
Chinese homosexuals did not experience high-profile persecution as compared with that which was received by homosexuals in Europe during the Middle Ages. Opposition to homosexuality in China originates in the medieval Tang Dynasty (618-907), attributed to the rising influence of Christian and Islamic values,[28] but did not become fully established until the Westernization efforts of the late Qing Dynasty and the Republic of China.[29]
Ancient Greece
The ancient Greeks did not conceive of sexual orientation as a social identifier as Western societies have done for the past century. Greek society did not distinguish sexual desire or behavior by the gender of the participants, but rather by the role that each participant played in the sex act, that of active penetrator or passive penetrated.[30] This active/passive polarization corresponded with dominant and submissive social roles: the active (penetrative) role was associated with masculinity, higher social status, and adulthood, while the passive role was associated with femininity, lower social status, and youth.[30]
Ancient India
Kama Sutra, the ancient Indian treatise on love talks about feelings for same sexes. The Laws of Manu, the foundational work of Hindu law, mentions a "third sex", members of which may engage in nontraditional gender expression and homosexual activities.[31] The Hijra are a caste of third-gender, or transgender group who live a feminine role. Hijra may be born male or intersex, and some may have been born female. Transsexuals are also venerated e.g. Lord Vishnu as Mohini and Lord Shiva as Ardhanarishvara (which means half woman).[32]
Ancient Israel
The ancient Law of Moses (the Torah) forbids men lying with men (intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis in the story of Sodom and Gomorrah, the cities being soon destroyed after that. The death penalty was prescribed.
Ancient Rome
The "conquest mentality" of the ancient Romans shaped Roman homosexual practices.[33] In the Roman Republic, a citizen's political liberty was defined in part by the right to preserve his body from physical compulsion or use by others;[34] for the male citizen to submit his body to the giving of pleasure was considered servile.[35] As long as a man played the penetrative role, it was socially acceptable and considered natural for him to have same-sex relations, without a perceived loss of his masculinity or social standing.[36] The bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed penalites on those who committed a sex crime (stuprum) against a freeborn male minor.[37] Acceptable same-sex partners were males excluded from legal protections as citizens: slaves, male prostitutes, and the infames, entertainers or others who might be technically free but whose lifestyles set them outside the law.
"Homosexual" and "heterosexual" were thus not categories of Roman sexuality, and no words exist in Latin that would precisely translate these concepts.[38] A male citizen who willingly performed oral sex or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men, who were presumably "homosexual" in the modern sense.[39] In courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors were directed particularly at "democratic" politicians (populares) such as Julius Caesar and Mark Antony.[40]
Roman law addressed the rape of a male citizen as early as the 2nd century BC, when a ruling was issued in a case that may have involved a man of same-sex orientation. It was ruled that even a man who was "disreputable and questionable" had the same right as other citizens not to have his body subjected to forced sex.[41] A law probably dating to the dictatorship of Julius Caesar defined rape as forced sex against "boy, woman, or anyone"; the rapist was subject to execution, a rare penalty in Roman law.[42] A male classified as infamis, such as a prostitute or actor, could not as a matter of law be raped, nor could a slave, who was legally classified as property; the slave's owner, however, could prosecute the rapist for property damage.[43]
In the Roman army of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death,[44] as a violation of military discipline.[45] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "those who in youth have abused their persons" as subject to the fustuarium, clubbing to death.[46] Ancient sources are most concerned with the effects of sexual harassment by officers, but the young soldier who brought an accusation against his superior needed to show that he had not willingly taken the passive role or prostituted himself.[47] Soldiers were free to have relations with their male slaves;[48] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[49] By the late Republic and throughout the Imperial period, there is increasing evidence that men whose lifestyle marked them as "homosexual" in the modern sense served openly.[50]
Although Roman law did not recognize marriage between men, and in general Romans regarded marriage as a heterosexual union with the primary purpose of producing children, in the early Imperial period some male couples were celebrating traditional marriage rites. Juvenal remarks with disapproval that his friends often attended such ceremonies.[51] The emperor Nero had two marriages to men, once as the bride (with a freedman Pythagoras) and once as the groom. His consort Sporus appeared in public as Nero's wife wearing the regalia that was customary for the Roman empress.[52]
Apart from measures to protect the prerogatives of citizens, the prosecution of homosexuality as a general crime began in the 3rd century of the Christian era when male prostitution was banned by Philip the Arab. By the end of the 4th century, after the Roman Empire had come under Christian rule, passive homosexuality was punishable by burning.[53] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[54] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.[55]
During the Renaissance, wealthy cities in northern Italy—Florence and Venice in particular—were renowned for their widespread practice of same-sex love, engaged in by a considerable part of the male population and constructed along the classical pattern of Greece and Rome.[56][57] But even as many of the male population were engaging in same-sex relationships, the authorities, under the aegis of the Officers of the Night court, were prosecuting, fining, and imprisoning a good portion of that population. The eclipse of this period of relative artistic and erotic freedom was precipitated by the rise to power of the moralizing monk Girolamo Savonarola.
Early Modern Egypt
The Siwa Oasis in Egypt had an historical acceptance of male homosexuality and even rituals of same-sex marriage — traditions that Egyptian authorities have sought to repress, with increasing success, since the early 20th century.[58] The German egyptologist George Steindorff explored the oasis in the year 1900 and reported that homosexual relations were common and often extended to a form of marriage[59]
Mahmud Mohamrnad Abd Allah commented in 1917, "although Siwan men could take up to four wives, their customs allowed a man but one boy to whom he is bound by a stringent code of obligations."[60] In 1937 the anthropologist Walter Cline wrote the first detailed ethnography of the Siwans in which he noted: "All normal Siwan men and boys practice sodomy...among themselves the natives are not ashamed of this; they talk about it as openly as they talk about love of women..."[61]
In the late 1940s Robin Maugham noted that marriage to a boy had become illegal by then.[62] The Egyptian archaeologist Ahmed Fakhry, who studied Siwa for three decades, observed in 1973 that "up to the year 1928, it was not unusual that some kind of written agreement, which was sometimes called a marriage contract, was made between two males; but since the visit of King Fu'ad to this oasis it has been completely forbidden...However, such agreements continued, but in great secrecy, and without the actual writing, until the end of World War II. Now the practice is not followed." [63]
Feudal Japan
In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The younger partner in a pederastic relationship often was expected to make the first move; the opposite was true in ancient Greece. In religious circles, same-sex love spread to the warrior (samurai) class, where it was customary for a boy in the wakashū age category to undergo training in the martial arts by apprenticing to a more experienced adult man. The man was permitted, if the boy agreed, to take the boy as his lover until he came of age; this relationship, often formalized in a "brotherhood contract",[64] was expected to be exclusive, with both partners swearing to take no other (male) lovers. The Samurai period was one in which homosexuality was seen as particularly positive. Later when Japanese society became pacified, the middle classes adopted many of the practices of the warrior class.
Persia
In Persia homosexuality and homoerotic expressions were tolerated in numerous public places, from monasteries and seminaries to taverns, military camps, bathhouses, and coffee houses. In the early Safavid era (1501–1723), male houses of prostitution (amrad khane) were legally recognized and paid taxes. Persian poets, such as Sa’di (d. 1291), Hafiz (d. 1389), and Jami (d. 1492), wrote poems replete with homoerotic allusions. The two most commonly documented forms were commercial sex with transgender young males or males enacting transgender roles exemplified by the köçeks and the bacchás, and Sufi spiritual practices in which the practitioner admired the form of a beautiful boy in order to enter ecstatic states and glimpse the beauty of god.
Eminent scholars of Islam, such as Sheikh ul-Islam Imam Malik, and Imam Shafi amongst others, ruled that Islam disallowed homosexuality and ordained capital punishment for a person guilty of it.[65]
South Pacific
In Papua New Guinea, same-sex relationships were an integral part of the culture until the middle of the last century. The Etoro and Marind-anim for example, even viewed heterosexuality as sinful and celebrated homosexuality instead. In many traditional Melanesian cultures a prepubertal boy would be paired with an older adolescent who would become his mentor and who would "inseminate" him (orally, anally, or topically, depending on the tribe) over a number of years in order for the younger to also reach puberty.[66] However, many Melanesian societies have become hostile towards same-sex relationships since the introduction of Christianity by European missionaries.[66]
In modern times ten countries have no official discrimination on the basis of sexual orientation, including the rights of marriage and adoption. They are Argentina, Belgium, Canada,[67][68] France, Iceland, Netherlands, Norway, Sweden, South Africa, and Spain.[citation needed] Portugal has also marriage rights for same-sex couples but this right does not include same-sex adoption, while in the United States, marriage and adoption rights for same-sex couples vary by state.
Africa
Northern Africa
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Penalty: Fine - Up to 2 years prison)[69] |
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( |
+ UN decl. sign. |
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Not specifically outlawed, other laws may apply[69] |
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(Penalty: Up to 5 years prison).[69] |
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(incl. Western Sahara) |
(Penalty: Up to 3 years) |
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(Penalty: Up to 10 years.) |
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(Penalty: Corporal Punishment. Death penalty for men on third offense. Death penalty on fourth offense for women) |
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(Penalty: Fine - 3 years) |
Western Africa
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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(Penalty: up to 14 years imprisonment) |
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(Penalty: up to 3 years imprisonment for consensual acts) Female uncertain |
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(Penalty: 6 months to 3 years imprisonment) |
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+ UN decl. sign. |
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(Penalty: 1 year imprisonment) |
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(Penalty: Death penalty. However, no executions for any crime since 1987) |
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(Penalty: Prison time, fines, corporal punishment, to death penalty) |
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(Penalty: 1 to 5 years imprisonment) |
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(Penalty: Life imprisonment) + UN decl. sign. |
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(Penalty: Fine and/or a 3 year prison sentence) |
Middle Africa
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Penalty: Fine to 5 years prison) |
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+ UN decl. sign. |
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(formerly Zaire) |
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+ UN decl. sign. |
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(Overseas territory of the UK)) |
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+ UN decl. sign.[71] |
Eastern Africa
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Penalty: 3 months to 2 years imprisonment and/or fine) [72] |
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(Penalty: Up to 3 years imprisonment) [69] |
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(Penalty: up to 14 years imprisonment) |
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+ UN decl. sign. |
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(Penalty: Up to life imprisonment) |
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(Penalty: Up to life imprisonment)[69] |
Indian Ocean States
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Penalty: 5 years imprisonment and/or fine) |
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(Penalty: Up to 5 years imprisonment) (national debate over repeal of the law)[69][74] + UN decl. sign. |
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(Overseas department of France since 2011) |
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(Overseas department of France) |
since 1999 |
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(Penalty: Up to 14 years imprisonment) (decriminalisation proposed ) + UN decl. sign. |
Southern Africa
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Penalty: Fine - 7 years, Though never enforced) |
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(Penalty: Up to 14 years imprisonment and/or whippings) |
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(not enforced)[69][78] |
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(retroactive to 1994) Female always legal + UN decl. sign. |
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Pending law includes outlawing lesbian sex conduct.[69] |
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(Penalty: up to 14 years imprisonment) |
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Partially recognised states
| This section does not cite any references or sources. (September 2012) |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Adoption by same-sex couples | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(80% controlled by Morocco) |
(Penalty: up to 3 years prison) |
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(Penalty: expulsion from country, prison - up to life, in various regions and districts; death penalty) |
The Americas
North America
| 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 |
|---|---|---|---|---|---|---|---|
(Overseas territory of the United Kingdom) |
(Age of consent discrepancy) |
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(Age of consent discrepancy, prohibition of anal intercourse in some cases[79]) + UN decl. sign. |
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+ UN decl. sign. |
All states are obliged to honour same-sex marriages performed in Mexico City.[85] |
All states are obliged to honour same-sex marriages performed in Mexico City.[85] |
Nationwide, single gay persons may adopt.[89] |
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(overseas collectivity of France) |
+ UN decl. sign. |
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+ UN decl. sign. See Lawrence v. Texas |
(Legal in CT, DE, IA, ME, MD, MA, MN, NH, NY, RI, VT, WA and in the DC) |
Central America
| 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 |
|---|---|---|---|---|---|---|---|
(Penalty: 10 year prison sentence) (Foreign gay males and females are barred from the country by Immigration Law) |
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+ UN decl. sign. |
N/A | ||||||
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
Caribbean islands
| 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 |
|---|---|---|---|---|---|---|---|
(Overseas territory of the United Kingdom) |
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(Penalty: 15 year prison sentence) |
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(Autonomous country in the Kingdom of the Netherlands) |
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(Age of consent discrepancy) |
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(Penalty: life sentence, Not enforced) |
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(Overseas territory of the United Kingdom) |
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(part of the Netherlands) |
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(Overseas territory of the United Kingdom) |
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+ UN decl. sign. |
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(Autonomous country in the Kingdom of the Netherlands) |
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(Penalty: 10 year prison sentence or incarceration in a psychiatric institution ) + UN decl. sign. |
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+ UN decl. sign. |
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(Penalty: 10 year prison sentence) |
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(Overseas department of France) |
+ UN decl. sign. |
since 1999 |
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(Penalty: 10 years hard labor) |
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(Overseas department of France) |
+ UN decl. sign. |
since 1999 |
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(Overseas territory of the United Kingdom) |
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(Commonwealth of the United States) |
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(overseas collectivity of France since 2007) |
+ UN decl. sign. |
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(Penalty: 10 years) |
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(Penalty: fine and/or 10 year prison sentence) |
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(overseas collectivity of France since 2007) |
+ UN decl. sign. |
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(Penalty: fine and/or 10 year prison sentence) |
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(Autonomous country in the Kingdom of the Netherlands) |
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(Penalty: 25 year prison sentence, Not enforced) |
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(Overseas territory of the United Kingdom) |
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(Insular area of the United States) |
South America
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(Age of consent discrepancy) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(Overseas territory of the United Kingdom) |
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(Overseas department of France) |
+ UN decl. sign. |
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(Penalty: Up to life imprisonment) |
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+ UN decl. sign. |
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(Overseas territory of the United Kingdom) |
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+ UN decl. sign. |
Transgender persons can change their legal gender and name since 2009.[117] |
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+ UN decl. sign. |
Asia
Central Asia
| 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 |
|---|---|---|---|---|---|---|---|
(Penalty: up to 2 year prison sentence) |
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(Penalty: up to 3 year prison sentence) |
Western Asia
| 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 |
|---|---|---|---|---|---|---|---|
1963 de facto 1988 de jure[121] + UN decl. sign. |
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(Penalty: fines, men under 21 face prison sentences up to 10 years, men over 21 face prison sentences up to 7 years) |
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In certain circumstances |
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(Penalty: fines, prison sentence up to 3 years; however, only enforced when dealing with "public scandal") |
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(Gaza) |
(Penalty: up to 10 year prison sentence) |
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(West Bank) |
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(Penalty: fines, prison sentence up to 5 years) |
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(Penalty: death or life imprisonment) |
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(Penalty: prison sentence up to 3 years; law de facto suspended) |
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(Penalty: deportation, fines, prison time or death sentence) |
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(Penalty: death) |
South Asia
| 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 |
|---|---|---|---|---|---|---|---|
(Penalty: Death penalty) |
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(Penalty: 10 years to life) |
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(Penalty: prison sentence up to 1 year; no cases of penalty actually enforced) |
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Delhi High Court ruling |
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(Penalty: Death) |
Transsexuality in Iran is legal if accompanied by a sex change operation; however, transsexuals still report societal intolerance.[128] | ||||||
+ UN decl. sign. |
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(Penalty: 2 years to life sentence) |
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East Asia
| 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 |
|---|---|---|---|---|---|---|---|
(People's Republic of) |
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(Special administrative region of China) |
(equal age of consent of 16 for both heterosexual and homosexual sex since 2006) |
The People's Republic of China is in charge of Hong Kong's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Hong Kong. | |||||
(was illegal from 1872-1880; before that there were no laws forbidding sodomy) + UN decl. sign. |
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(Special administrative region of China) |
Unknown (China responsible for defence) | ||||||
Partially recognised states
| 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 |
|---|---|---|---|---|---|---|---|
(China, Republic of) |
Southeast Asia
| 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 |
|---|---|---|---|---|---|---|---|
(Penalty: fine or prison sentence up to 10 years) |
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(Penalty: up to life sentence) |
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+ UN decl. sign. |
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except for Muslims in Aceh Province[132] |
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(Penalty: fines, prison sentence (2-20 years), or whippings) |
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except for Muslims in Marawi City |
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(Penalty: up to 2 years prison sentence; no plan to repeal 377A and not enforced since 1999) |
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(no laws against homosexuality have ever existed) |
Europe
European Union
| See: LGBT rights in the European Union European Union law forbids discrimination on the grounds of sexual orientation. All EU states are required to legalise homosexual activity and implement anti-discrimination laws.[138][139] |
Central Europe
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(since 1968 in East Germany) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
N/A | ||||||
Never punished (Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(Geneva, Vaud, Valais and Ticino: since 1798 Nationwide since 1942) + UN decl. sign. |
Eastern Europe
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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Previously legal from 1936 to 1968. + UN decl. sign. |
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(incl. all constituent regions) |
Previously legal from 1917 to 1930. |
||||||
+ UN decl. sign. |
|||||||
Northern Europe
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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(constituent country of the Kingdom of Denmark) |
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+ UN decl. sign. |
|||||||
(constituent country of the Kingdom of Denmark) |
+ UN decl. sign via Denmark |
||||||
+ UN decl. sign. |
N/A | ||||||
+ UN decl. sign. |
|||||||
(Crown dependencies of the UK) |
+ UN decl. sign |
||||||
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
|||||||
England and Wales since 1967 Scotland since 1981 Northern Ireland since 1982 + UN decl. sign. |
England and Wales Scotland Northern Ireland |
England and Wales since 2005 Scotland since 2009 Northern Ireland |
Southern Europe
| 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 |
|---|---|---|---|---|---|---|---|
(as part of France) + UN decl. sign. |
N/A | ||||||
+ UN decl. sign. |
|||||||
(overseas territory of the UK) |
|||||||
(Age of consent discrepancy) + UN decl. sign. |
|||||||
+ UN decl. sign. |
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+ UN decl. sign. |
|||||||
+ UN decl. sign. |
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+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
Western Europe
| 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 |
|---|---|---|---|---|---|---|---|
(as part of France) + UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
(incl. (Crown dependency of the UK) |
|||||||
(Crown dependency of the UK) |
|||||||
(as part of France) + UN decl. sign. |
|||||||
(as part of France) |
|||||||
(as part of France) + UN decl. sign. |
Partially or unrecognised states
| 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 |
|---|---|---|---|---|---|---|---|
(as part of Yugoslavia) |
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(recognised only by the Republic of Turkey) |
Oceania
Australasia
| 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 |
|---|---|---|---|---|---|---|---|
(including territories of |
+ UN decl. sign. |
Registered relationship schemes in ACT, Tasmania, Victoria, Queensland and New South Wales |
Stepchild adoption in Tasmania and Queensland. |
||||
+ UN decl. sign. |
Civil union since 2005. |
Melanesia
| 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 |
|---|---|---|---|---|---|---|---|
(terminology "Oceania" varies on border definitions) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
|||||||
(overseas collectivity of France) |
|||||||
(Penalty: 3 to 14 years imprisonment) |
|||||||
(Up to 14 years imprisonment)[69] |
|||||||
+ UN decl. sign. |
Micronesia
| 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 |
|---|---|---|---|---|---|---|---|
(unincorporated territory of the United States) |
|||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
(legalisation proposed) + UN decl. sign. |
|||||||
+ UN decl. sign. |
Polynesia
| 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 |
|---|---|---|---|---|---|---|---|
(unincorporated territory of the United States)[174] |
|||||||
(overseas territory of Chile) |
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(part of the Realm of New Zealand) |
|||||||
(overseas collectivity of France) |
|||||||
(State of the |
civil union from 2012 |
||||||
(part of the Realm of New Zealand) |
N/A | ||||||
(overseas territory of the United Kingdom) |
|||||||
| N/A | |||||||
(part of the Realm of New Zealand) |
N/A | ||||||
(Penalty: Up to 10 years imprisonment, corporal punishment) |
|||||||
(Penalty: Up to 14 years imprisonment) + UN decl. sign. |
N/A | ||||||
(overseas collectivity of France) |
See also
References
|
|
Constructs such as ibid., loc. cit. and idem are discouraged by Wikipedia's style guide for footnotes, as they are easily broken. Please improve this article by replacing them with named references (quick guide), or an abbreviated title. (May 2013) |
- ^ "About LGBT Human Rights". Amnesty International. Retrieved March 29, 2013.
- ^ Becker, John (March 23, 2012). "LGBT Rights Are Civil Rights". Huffington Post. Retrieved March 29, 2013.
- ^ Jordans, Frank (June 17, 2011). "U.N. Gay Rights Protection Resolution Passes, Hailed As 'Historic Moment'". Associated Press.
- ^ "UN issues first report on human rights of gay and lesbian people". United Nations. 15 December 2011.
- ^ Murray, Stephen (ed.); Roscoe, Will (ed.) (1998). Boy Wives and Female Husbands: Studies of African Homosexualities. New York: St. Martin's Press. ISBN 0-312-23829-0.
- ^ Evans-Pritchard, E. E. (December 1970). Sexual Inversion among the Azande. American Anthropologist, New Series, 72(6), 1428–1434.
- ^ Pablo, Ben (2004), "Latin America: Colonial", glbtq.com, retrieved 2007-08-01
- ^ Murray, Stephen (2004). "Mexico". In Claude J. Summers. glbtq: An Encyclopedia of Gay, Lesbian, Bisexual, Transgender, and Queer Culture. glbtq, Inc. Retrieved 2007-08-01.
- ^ a b Califia, Patrick (2003) Sex Changes The Politics of Transgenderism, Cleis Press INC., California, ISDN 1-57344-180-5
- ^ a b Williams, Walter L., (1986) The Spirit and the Flesh: Sexual Diversity in American Indian Culture, Boston: Beacon Press
- ^ Katz, J. (1976) Gay American History: Lesbians and Gay Men in the U.S.A. New York: Thomas Y. Crowell Company
- ^ Mártir de Anglería, Pedro. (1530). Décadas del Mundo Nuevo. Quoted by Coello de la Rosa, Alexandre. "Good Indians", "Bad Indians", "What Christians?": The Dark Side of the New World in Gonzalo Fernández de Oviedo y Valdés (1478–1557), Delaware Review of Latin American Studies, Vol. 3, No. 2, 2002.
- ^ Ibid, 468.
- ^ Gay Rights Or Wrongs: A Christian's Guide to Homosexual Issues and Ministry, by Mike Mazzalonga, 1996, p.11
- ^ a b The Nature Of Homosexuality, Erik Holland, page 334, 2004
- ^ Bullough, p. 53
- ^ Dynes, Wayne R. and Stephen Donaldson. 1992. Homosexuality in the Ancient World. New York, NY: Garland.
- ^ Ibid, 465
- ^ Ibid, 465.
- ^ Homoeroticism in the Biblical World: A Historical Perspective, authored by Martti Nissinen, Fortress Press, 2004, page 27
- ^ Nissinen, p. 27
- ^ Nissinen, p. 25-27; Naphy, p. 19
- ^ Ibid, 468
- ^ Pritchard, p. 181.
- ^ Ed. Wayne Dynes, Encyclopaedia of Homosexuality, New York, 1990, pp216
- ^ Ed. Wayne Dynes, Encyclopaedia of Homosexuality, New York, 1990, p218
- ^ [1]
- ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 77-78.
- ^ Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3
- ^ a b Oxford Classical Dictionary entry on homosexuality, pp.720–723; entry by David M. Halperin.
- ^ Penrose, Walter (2001). Hidden in History: Female Homoeroticism and Women of a "Third Nature" in the South Asian Past, Journal of the History of Sexuality 10.1 (2001), p.4
- ^ http://galva108.org/deities.html
- ^ Eva Cantarella, Bisexuality in the Ancient World (Yale University Press, 1992, 2002, originally published 1988 in Italian), p. xi; Marilyn B. Skinner, introduction to Roman Sexualities (Princeton University Press, 1997), p. 11.
- ^ Thomas A.J. McGinn, Prostitution, Sexuality and the Law in Ancient Rome (Oxford University Press, 1998), p. 326.
- ^ Catharine Edwards, "Unspeakable Professions: Public Performance and Prostitution in Ancient Rome," in Roman Sexualities, pp. 67–68.
- ^ Amy Richlin, The Garden of Priapus: Sexuality and Aggression in Roman Humor (Oxford University Press, 1983, 1992), p. 225, and "Not before Homosexuality: The Materiality of the cinaedus and the Roman Law against Love between Men," Journal of the History of Sexuality 3.4 (1993), p. 525.
- ^ Plutarch, Moralia 288a; Thomas Habinek, "The Invention of Sexuality in the World-City of Rome," in The Roman Cultural Revolution (Cambridge University Press, 1997), p. 39; Richlin, "Not before Homosexuality," pp. 545–546. Scholars disagree as to whether the Lex Scantinia imposed the death penalty or a hefty fine.
- ^ Craig Williams, Roman Homosexuality (Oxford University Press, 1999, 2010), p. 304, citing Saara Lilja, Homosexuality in Republican and Augustan Rome (Societas Scientiarum Fennica, 1983), p. 122.
- ^ Williams, Roman Homosexuality, pp. 214–215; Richlin, "Not before Homosexuality," passim.
- ^ Catharine Edwards, The Politics of Immorality in Ancient Rome (Cambridge University Press, 1993), pp. 63–64.
- ^ As recorded in a fragment of the speech De Re Floria by Cato the Elder (frg. 57 Jordan = Aulus Gellius 9.12.7), noted and discussed by Richlin, "Not before Homosexuality," p. 561.
- ^ Richlin, "Not before Homosexuality," pp. 562–563. See also Digest 48.5.35 [34] on legal definitions of rape that included boys.
- ^ Under the Lex Aquilia. See McGinn, Prostitution, Sexualit