LGBT rights by country or territory

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Homosexual acts legal
  Marriage recognized but not performed
  Other type of partnership (or unregistered cohabitation)
  Same-sex unions not recognized
Homosexual acts illegal
  Not enforced
  Heavy penalty
  Up to life in prison
  Death penalty

  Status unclear

Rings indicate local or case-by-case application.

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)


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]

Contents

History of LGBT-related laws

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 ItalyFlorence 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]

LGBT-related laws by country or territory

Decriminalization of homosexuality by country

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

Tables:

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
Algeria Algeria No Illegal
(Penalty: Fine - Up to 2 years prison)[69]
No No No Emblem-question.svg No Emblem-question.svg
Spain Spain
(Canary Islands Canary islands,
Ceuta Ceuta,
Melilla Melilla)
Yes Legal since 1979
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2005 Yes Yes Yes Bans all anti-gay discrimination Yes Since 2007, sex changes are legal and documents can be amended to the recognised gender.[70]
Egypt Egypt No
Not specifically outlawed, other laws may apply[69]
No No No No No Emblem-question.svg
Libya Libya No Illegal
(Penalty: Up to 5 years prison).[69]
No No No Emblem-question.svg No No
Morocco Morocco
(incl. Western Sahara)
No Illegal
(Penalty: Up to 3 years)
No No No Emblem-question.svg No Emblem-question.svg
South Sudan South Sudan No Illegal
(Penalty: Up to 10 years.)
No No Constitutional ban since 2011 No No No No
Sudan Sudan No Illegal
(Penalty: Corporal Punishment. Death penalty for men on third offense. Death penalty on fourth offense for women)
No No No No No No
Tunisia Tunisia No Illegal
(Penalty: Fine - 3 years)
No No No Emblem-question.svg No Emblem-question.svg

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
Benin Benin Yes Legal[69] No No No Emblem-question.svg No Emblem-question.svg
Burkina Faso Burkina Faso Yes Legal No No Constitutional ban since 1991 No Emblem-question.svg No Emblem-question.svg
Cape Verde Cape Verde Yes Legal since 2004
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69] Emblem-question.svg
Ivory Coast Côte d'Ivoire Yes Legal No No No Emblem-question.svg No Emblem-question.svg
The Gambia Gambia No Illegal
(Penalty: up to 14 years imprisonment)
No No Emblem-question.svg No specific prohibition No No Emblem-question.svg
Ghana Ghana No Male illegal
(Penalty: up to 3 years imprisonment for consensual acts)
Female uncertain
No No No Emblem-question.svg No Emblem-question.svg
Guinea Guinea No Illegal
(Penalty: 6 months to 3 years imprisonment)
No No Emblem-question.svg Emblem-question.svg No Emblem-question.svg
Guinea-Bissau Guinea-Bissau Yes Legal since 1993[69]
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Liberia Liberia No Illegal
(Penalty: 1 year imprisonment)
No No No Emblem-question.svg No Emblem-question.svg
Mali Mali Yes Legal No No No Emblem-question.svg No Emblem-question.svg
Mauritania Mauritania No Illegal
(Penalty: Death penalty. However, no executions for any crime since 1987)
No No No No No Emblem-question.svg
Niger Niger Yes Legal No No No Emblem-question.svg No Emblem-question.svg
Nigeria Nigeria No Illegal
(Penalty: Prison time, fines, corporal punishment, to death penalty)
No No Emblem-question.svg Emblem-question.svg No No Illegal in northern states
Emblem-question.svg Unclear in southern states
Senegal Senegal No Illegal
(Penalty: 1 to 5 years imprisonment)
Emblem-question.svg No Emblem-question.svg Emblem-question.svg No Emblem-question.svg
Sierra Leone Sierra Leone No Male illegal
(Penalty: Life imprisonment)
Yes Female legal[69]
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Togo Togo No Illegal
(Penalty: Fine and/or a 3 year prison sentence)
No No No Emblem-question.svg No Emblem-question.svg

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
Cameroon Cameroon No Illegal
(Penalty: Fine to 5 years prison)
No No No Emblem-question.svg No Emblem-question.svg
Central African Republic Central African Republic Yes Legal[69]
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Chad Chad Yes Legal since 1967 No No No Emblem-question.svg No Emblem-question.svg
Democratic Republic of the Congo Democratic Republic of the Congo
(formerly Zaire)
Yes Legal[69] No No Constitutional ban since 2005 No Emblem-question.svg No Emblem-question.svg
Equatorial Guinea Equatorial Guinea Yes Legal[69] No No No Emblem-question.svg No Emblem-question.svg
Gabon Gabon Yes Legal[69]
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Republic of the Congo Republic of the Congo Yes Legal[69] No No No Emblem-question.svg No Emblem-question.svg
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas territory of the UK))
Yes Legal[69] Emblem-question.svg No No Yes (as part of the Military of the United Kingdom) Yes Bans anti-gay discrimination (under the United Kingdom Equality Act 2010) Emblem-question.svg
São Tomé and Príncipe São Tomé and Príncipe Yes Since 2012
+ UN decl. sign.[71]
No No No Emblem-question.svg No Emblem-question.svg

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
Burundi Burundi No Illegal since 2009
(Penalty: 3 months to 2 years imprisonment and/or fine) [72]
No No Constitutional ban since 2005 No Emblem-question.svg No Emblem-question.svg
Djibouti Djibouti Yes Legal[69] No No No Emblem-question.svg No Emblem-question.svg
Eritrea Eritrea No Illegal
(Penalty: Up to 3 years imprisonment) [69]
No No No Emblem-question.svg No Emblem-question.svg
Ethiopia Ethiopia No Illegal[69] Emblem-question.svg No No Emblem-question.svg No Emblem-question.svg
Kenya Kenya No Male illegal
(Penalty: up to 14 years imprisonment)
No Female presumed to be illegal.
No NoConstitution since 2010 specifically mentions only opposite sex marriage[73] No Emblem-question.svg No Emblem-question.svg
Rwanda Rwanda Yes Legal[69]
+ UN decl. sign.
No No Constitutional ban in Article 26 since 2003 No Emblem-question.svg No Emblem-question.svg
Somalia Somalia No Illegal[69] No No No No Emblem-question.svg Emblem-question.svg
Uganda Uganda No Male Illegal
(Penalty: Up to life imprisonment)
No Female Illegal since 2000. (Penalty: Up to 7 years imprisonment)
No No Constitutional ban since 2005 No No No No
Tanzania Tanzania No Illegal
(Penalty: Up to life imprisonment)[69]
No No Emblem-question.svgA couple must be married to adopt a child jointly. Emblem-question.svg No Emblem-question.svg

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
Comoros Comoros No Illegal[69]
(Penalty: 5 years imprisonment and/or fine)
No No No Emblem-question.svg No Emblem-question.svg
Madagascar Madagascar Yes Legal No No No Emblem-question.svg No Emblem-question.svg
Mauritius Mauritius No Male illegal
(Penalty: Up to 5 years imprisonment) Yes Female legal
(national debate over repeal of the law)[69][74]
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[75][76] Emblem-question.svg
Mayotte Mayotte
(Overseas department of France since 2011)
Yes Legal since 1791 Yes Civil solidarity pact Yes Since 2013 Yes Since 2013 Yes Yes Bans all anti-gay discrimination Emblem-question.svg
Réunion Réunion
(Overseas department of France)
Yes Legal since 1791 Yes Civil solidarity pact
since 1999
Yes Since 2013 Yes Since 2013 Yes Yes Bans all anti-gay discrimination Emblem-question.svg
Seychelles Seychelles No Male illegal
(Penalty: Up to 14 years imprisonment)
Yes Female legal
(decriminalisation proposed )
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69] Emblem-question.svg

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
Angola Angola No Illegal[69] No No No Emblem-question.svg No Emblem-question.svg
Botswana Botswana No Illegal
(Penalty: Fine - 7 years, Though never enforced)
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69] Emblem-question.svg
Lesotho Lesotho No Male illegal
Yes Female legal[69]
No No No Emblem-question.svg No Emblem-question.svg
Malawi Malawi No Illegal
(Penalty: Up to 14 years imprisonment and/or whippings)
No No No Emblem-question.svg No Emblem-question.svg
Mozambique Mozambique Yes Legal[77] No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69][75] Emblem-question.svg
Namibia Namibia No Illegal
(not enforced)[69][78]
No No No Emblem-question.svg No Emblem-question.svg
South Africa South Africa Yes Male legal since 1998
(retroactive to 1994)
Female always legal
+ UN decl. sign.
Yes Limited recognition of unregistered partnerships since 1998; marriage since 2006 Yes Legal since 2006 Yes Legal since 2002 (joint and step-parent) Yes Since 1998 Yes Bans all discrimination on the basis of sexual orientation, including hate speech Yes Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment
Swaziland Swaziland No Male illegal
Yes Female legal
Pending law includes outlawing lesbian sex conduct.[69]
No No No Emblem-question.svg No Emblem-question.svg
Zambia Zambia No Illegal
(Penalty: up to 14 years imprisonment)
No No No Emblem-question.svg No Emblem-question.svg
Zimbabwe Zimbabwe No Male illegal
Yes Female legal[69]
No No Constitutional ban since 2013 No Emblem-question.svg No Emblem-question.svg

Partially recognised 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
Western Sahara Western Sahara
(80% controlled by Morocco)
No Illegal
(Penalty: up to 3 years prison)
No No No No No No
Somaliland Somaliland No Illegal
(Penalty: expulsion from country, prison - up to life, in various regions and districts; death penalty)
No No No No No Emblem-question.svg


The Americas

Tables:

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
Bermuda Bermuda
(Overseas territory of the United Kingdom)
Yes Legal since 1994
(Age of consent discrepancy)
No No Emblem-question.svg Yes No No
Canada Canada Yes Legal since 1969
(Age of consent discrepancy, prohibition of anal intercourse in some cases[79])
+ UN decl. sign.
Yes Yes Legal since 2003, nationwide since 2005 Yes[80][81] Yes Since 1992[82] YesBans all anti-gay discrimination, including hate speech YesSex changes legally recognised, but only after sex reassignment surgery; Explicit anti-discrimination protections only in NWT and Ontario, implicit elsewhere;[83][84]
Mexico Mexico Yes Legal since 1872[69]
+ UN decl. sign.
Yes PACS in Coahuila since 2007.
All states are obliged to honour same-sex marriages performed in Mexico City.[85]
No/Yes Legal in Mexico City since 2010 and in Quintana Roo since 2012.[86][87]
All states are obliged to honour same-sex marriages performed in Mexico City.[85]
No/Yes Joint adoption legal in Mexico City (2010)[86] and Coahuila.[88]
Nationwide, single gay persons may adopt.[89]
Yes/No No explicit ban. However, LGB persons have been reportedly discharged on the grounds of "immorality."[90] Yes Nationwide since 2003.[91] No/Yes Transgender persons can change their legal gender and name in Mexico City since 2008.[92]
Flag of Saint-Pierre and Miquelon.svg Saint Pierre et Miquelon
(overseas collectivity of France)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination No
United States United States Yes Legal nationwide since 2003.
+ UN decl. sign.
See Lawrence v. Texas
No / Yes Varies by state, but not recognized by federal gov't.

(Legal in CA, CO, HI, IL, NJ, NV, OR, and WI)

No / Yes Varies by state, but not recognized by federal gov't.

(Legal in CT, DE, IA, ME, MD, MA, MN, NH, NY, RI, VT, WA and in the DC)

No / Yes Single gay persons may adopt, laws on couples vary by state Yes Since 2011 No / Yes No federal protections. Varying protections in 20 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act No / Yes Anti-transgender discrimination in healthcare insurance banned. No other federal protections. Varying protections in 13 states. Included in the federal hate crimes law since 2009. See Matthew Shepard Act

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
Belize Belize No Illegal since September 19, 2003
(Penalty: 10 year prison sentence) (Foreign gay males and females are barred from the country by Immigration Law)
No No No No No No
Costa Rica Costa Rica Yes Legal since 1971
+ UN decl. sign.
No No No N/A Yes Bans some anti-gay discrimination Emblem-question.svg
El Salvador El Salvador Yes Legal since 1800's[69]
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination No
Guatemala Guatemala Yes Legal since 1871[69]
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination No
Honduras Honduras Yes Legal since 1899[69]
+ UN decl. sign.
No No Constitutional ban No Constitutional ban No No Emblem-question.svg
Nicaragua Nicaragua Yes Legal since 2008
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69] Emblem-question.svg
Panama Panama Yes Legal since 2008
+ UN decl. sign.
No No No No No Emblem-question.svg

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
Anguilla Anguilla
(Overseas territory of the United Kingdom)
Yes Legal since 2000 No No No Yes No No
Antigua and Barbuda Antigua and Barbuda No Illegal
(Penalty: 15 year prison sentence)
No No No No No No
Aruba Aruba
(Autonomous country in the Kingdom of the Netherlands)
Yes Legal No Only unions made in the Netherlands recognised No Only same-sex marriages made in the Netherlands recognised No Yes The Netherlands responsible for defence No No
The Bahamas Bahamas Yes Legal since 1991
(Age of consent discrepancy)
No No No Yes No No
Barbados Barbados No Illegal
(Penalty: life sentence, Not enforced)
No No No No No No
British Virgin Islands British Virgin Islands
(Overseas territory of the United Kingdom)
Yes Legal since 2000 No No No Yes Yes Bans some anti-gay discrimination No
Caribbean Netherlands Caribbean Netherlands
(part of the Netherlands)
Yes Legal No unions performed elsewhere are recognized[93] Yes Since 10 October 2012 Yes[93] Yes The Netherlands responsible for defence
Cayman Islands Cayman Islands
(Overseas territory of the United Kingdom)
Yes Legal since 2000 No No Emblem-question.svg Yes Emblem-question.svg No
Cuba Cuba Yes Legal since 1979
+ UN decl. sign.
No (but proposed) No No No Yes[94] Yes
Curaçao Curaçao
(Autonomous country in the Kingdom of the Netherlands)
Yes Legal No Only unions made in the Netherlands recognised No Only same-sex marriages made in the Netherlands recognised No Yes The Netherlands responsible for defence No No
Dominica Dominica No Illegal
(Penalty: 10 year prison sentence or incarceration in a psychiatric institution )
+ UN decl. sign.
No No No No No No
Dominican Republic Dominican Republic Yes Legal since 1822[69]
+ UN decl. sign.
No No Constitutional ban No No No No
Grenada Grenada No Male illegal
(Penalty: 10 year prison sentence)
Yes Female legal
No No No No No No
Guadeloupe Guadeloupe
(Overseas department of France)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité
since 1999
Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Haiti Haiti Yes Legal since 1986 No No No No No No
Jamaica Jamaica No Male Illegal
(Penalty: 10 years hard labor)
Yes Female legal
No No No No No No
Martinique Martinique
(Overseas department of France)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité
since 1999
Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Montserrat Montserrat
(Overseas territory of the United Kingdom)
Yes Legal since 2000 No No No Yes No Emblem-question.svg
Puerto Rico Puerto Rico
(Commonwealth of the United States)
Yes Legal since 2003 No No No Yes since 2011 Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Flag of Saint Barthelemy (local).svg Saint Barthélemy
(overseas collectivity of France since 2007)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination No
Saint Kitts and Nevis Saint Kitts and Nevis No Male illegal
(Penalty: 10 years)
Yes Female legal
No No No No No No
Saint Lucia Saint Lucia No Male illegal
(Penalty: fine and/or 10 year prison sentence)
Yes Female legal
No No No No No No
Flag of Saint-Martin (local).svg Saint Martin
(overseas collectivity of France since 2007)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination No
Saint Vincent and the Grenadines Saint Vincent and the Grenadines No Illegal
(Penalty: fine and/or 10 year prison sentence)
No No No No No No
Sint Maarten Sint Maarten
(Autonomous country in the Kingdom of the Netherlands)
Yes Legal No Only unions made in the Netherlands recognised No Only same-sex marriages made in the Netherlands recognised No Yes The Netherlands responsible for defence No No
Trinidad and Tobago Trinidad and Tobago No Illegal
(Penalty: 25 year prison sentence, Not enforced)
No No No No No No
Turks and Caicos Islands Turks and Caicos Islands
(Overseas territory of the United Kingdom)
Yes Legal since 2000 No No No Yes No Emblem-question.svg
United States Virgin Islands United States Virgin Islands
(Insular area of the United States)
Yes Legal since 1984 No No No Yes since 2011 Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well

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
Argentina Argentina Yes Legal since 1887[69]
+ UN decl. sign.
Yes Unregistered cohabitation throughout the country. Yes Legal since 2010.[95] Yes Legal since 2010. Yes Since 2009.[96] Yes/No The Constitution of Argentina prohibits all forms of discrimination, though sexual orientation is not explicited Yes Transgender persons can change their legal gender and name without surgeries or judicial permission[97]
Bolivia Bolivia Yes Legal
+ UN decl. sign.
No (Proposed) No Constitutional ban No Constitutional ban Emblem-question.svg Yes Bans some anti-gay discrimination Yes Bans all discrimination based on gender identity[98]
Brazil Brazil Yes Legal since 1830[69]
+ UN decl. sign.
Yes Civil unions legal since 2004. Yes Legal since 2011, nationwide since 2013.
Yes Legal since 2010. Yes Gays and lesbians to serve openly in military. Yes/No Legal protection in some states, but the criminalization of homophobia in the national sphere is being discussed in the Senate.[99] Yes Transgender people can change their legal gender and name since 2009, though surgery is required.[100][101]
Chile Chile Yes Legal since 1998[69]
(Age of consent discrepancy)
+ UN decl. sign.
No (Pending) No (Pending) No Yes [102][103] Yes[104] Yes since 2007
Colombia Colombia Yes Legal since 1981
+ UN decl. sign.
Yes Legal since 2007 No/Yes from 20 July, 2013 under a Constitutional Court ruling if Congress does not act. No single person, no matter her/his sexual orientation may adopt. First case of step-child adoption, Court ordered.[105] Yes since 1999. Since 2009: the military special social security system can be used by same sex couples in the army Yes Bans all anti-gay discrimination, including hate speech [106] Yes[107] 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 Ecuador Yes Legal since 1997
+ UN decl. sign.
Yes[108] Civil unions recognized since 2009 No Constitutional ban No Constitutional ban Yes Yes Bans some anti-gay discrimination Yes Bans all discrimination based on gender identity
Falkland Islands Falkland Islands
(Overseas territory of the United Kingdom)
Yes Legal No No Yes Yes Yes Bans some anti-gay discrimination Emblem-question.svg
French Guiana French Guiana
(Overseas department of France)
Yes Legal since 1791
+ UN decl. sign.
Yes Pacte civil de solidarité since 1999 Yes Since 2013 Yes Since 2013 Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Guyana Guyana No Male illegal
(Penalty: Up to life imprisonment)
No No No Yes [109] No Added to constitution in 2004, but withdrawn afterwards by the government. Emblem-question.svg
Paraguay Paraguay Yes Legal since 1880[69]
+ UN decl. sign.
No Constitutional ban since 1992[110] No Constitutional ban since 1992[110] No Emblem-question.svg No Emblem-question.svg
Peru Peru Yes Legal since 1836-37[69] No No No Yes since 2009[111] Yes Bans all anti-gay discrimination. Penalized with 2-4 years in jail. Yes Possible via Civil Code and Legal Process, but no specific law.
South Georgia and the South Sandwich Islands South Georgia and the South Sandwich Islands
(Overseas territory of the United Kingdom)
Yes Legal No No Yes Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Suriname Suriname Yes Legal since 1869[69] No No No Emblem-question.svg No Emblem-question.svg
Uruguay Uruguay Yes Legal since 1934
+ UN decl. sign.
Yes Civil unions since 2008.[112] Yes Since 2013.[113] Yes Since 2009.[114] Yes Since 2009.[115] Yes Legal protection since 2004.[116] Yes Legal protection since 2004.[116]

Transgender persons can change their legal gender and name since 2009.[117]

Venezuela Venezuela Yes Legal since 1997[118][119].
+ UN decl. sign.
No No Constitutional ban No Constitutional ban Yes since 1999 Yes Bans some anti-gay discrimination[69] No

Asia

This table:

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
Kazakhstan Kazakhstan Yes Legal since 1998[69] No No Emblem-question.svg No[120] No No
Kyrgyzstan Kyrgyzstan Yes Legal since 1998[69] No No No Emblem-question.svg No No
Tajikistan Tajikistan Yes Legal since 1998[69] No No No Emblem-question.svg No No
Turkmenistan Turkmenistan No Male illegal
(Penalty: up to 2 year prison sentence)
Yes Female legal[69]
No No No Emblem-question.svg No No
Uzbekistan Uzbekistan No Male illegal
(Penalty: up to 3 year prison sentence)
Yes Female legal[69]
No No No Emblem-question.svg No No

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
Bahrain Bahrain Yes Legal since 1976[69] No No No No No No
Iraq Iraq No Although homosexuality was technically made legal, many executions, imprisonments, beatings, and bombings of LGBT people still occur No No No No No No
Israel Israel Yes Legal since
1963 de facto
1988 de jure[121]
+ UN decl. sign.
No Unregistered cohabitation Restricted No Cannot be performed in the country, but foreign same-sex marriages are recognised Yes/No step adoptions prohibited[122] Yes Yes Bans some anti-gay discrimination [123][124] Yes[citation needed]
Jordan Jordan Yes Legal since 1951 No No No Emblem-question.svg No Emblem-question.svg
Kuwait Kuwait No Illegal
(Penalty: fines, men under 21 face prison sentences up to 10 years, men over 21 face prison sentences up to 7 years)
No No No No No No
Lebanon Lebanon Yes
In certain circumstances
No No No No No No
Oman Oman No Illegal
(Penalty: fines, prison sentence up to 3 years; however, only enforced when dealing with "public scandal")
No No No No No No
State of Palestine Palestinian territories
(Gaza)
No Male illegal
(Penalty: up to 10 year prison sentence)
Yes Female legal
No No No Emblem-question.svg No No
State of Palestine Palestinian territories
(West Bank)
Yes Legal since 1951[69] No No Yes Emblem-question.svg No Emblem-question.svg
Qatar Qatar No Illegal
(Penalty: fines, prison sentence up to 5 years)
No No No No No No
Saudi Arabia Saudi Arabia No Illegal
(Penalty: death or life imprisonment)
No No No No No No
Syria Syria No Illegal
(Penalty: prison sentence up to 3 years; law de facto suspended)
No No No No No No
Turkey Turkey Yes Legal since 1858[69] No No No Yes No Committee formed in March 2010 to draft a discrimination clause including sexual orientation.[125] Yes
United Arab Emirates United Arab Emirates No Illegal
(Penalty: deportation, fines, prison time or death sentence)
No No No No No No
Yemen Yemen No Illegal
(Penalty: death)
No No No No No No

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
Afghanistan Afghanistan No Illegal
(Penalty: Death penalty)
No No No No No No
Bangladesh Bangladesh No Illegal
(Penalty: 10 years to life)
No No No No No No
Bhutan Bhutan No Illegal
(Penalty: prison sentence up to 1 year; no cases of penalty actually enforced)
No No No No No No
India India Yes Legal since 2009
Delhi High Court ruling
NoNo explicit recognition.[126] No No explicit recognition.[126] No No[127] No No There are no laws to protect from discrimination.
Iran Iran No Illegal
(Penalty: Death)
No No No No No Transsexuality in Iran is legal if accompanied by a sex change operation; however, transsexuals still report societal intolerance.[128]
Maldives Maldives Emblem-question.svg Criminal code does not criminalize same-sex sexual relations; sharia law may apply, but no applications have been reported No No No No[citation needed] No No
Nepal Nepal Yes Legal since 2007[69]
+ UN decl. sign.
No No Under consideration No Under consideration Yes Yes Supreme Court ruled discrimination laws apply to homosexuals Yes "Third gender" cards have been issued since September 2007, legally protected class[129]
Pakistan Pakistan No Illegal
(Penalty: 2 years to life sentence)
No No No No No Yes 'Third gender' officially protected from discrimination by Supreme Court of Pakistan in 2010
Sri Lanka Sri Lanka No Illegal[69] No No No No[citation needed] No No

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
China China
(People's Republic of)
Yes Legal since 1997 No No No Emblem-question.svg No Yes Transsexuals allowed to change legal gender
Hong Kong Hong Kong
(Special administrative region of China)
Yes Legal since 1991
(equal age of consent of 16 for both heterosexual and homosexual sex since 2006)
No No No 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. No No
Japan Japan Yes Legal since 1880
(was illegal from 1872-1880; before that there were no laws forbidding sodomy)
+ UN decl. sign.
No No No Yes[130] No No nationwide protections, but some cities ban some anti-gay discriminations[69] Yes Transsexuals allowed to change legal gender, but only after sex reassignment surgery and in case that the transsexual has no child under 20 years old
Macau Macau
(Special administrative region of China)
Yes Legal since 1996 No No No Unknown (China responsible for defence) No Emblem-question.svg
Mongolia Mongolia Yes Legal since 2002 No No No Emblem-question.svg No Emblem-question.svg
North Korea North Korea Emblem-question.svg No No No No No Emblem-question.svg 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 South Korea Yes Legal No No No Yes Due to conscription, but gays subject to discrimination No Yes Transsexuals allowed to change legal gender

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
Taiwan Taiwan
(China, Republic of)
Yes Legal since 1896 No No (Pending law allows civil unions or same-sex marriage) No Yes Due to military draft Yes Bans some anti-gay discrimination (in work and education) Yes Transsexuals allowed to change legal gender, but only after sex reassignment surgery

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
Brunei Brunei No Illegal
(Penalty: fine or prison sentence up to 10 years)
No No No No No No
Burma Burma No Illegal
(Penalty: up to life sentence)
No No No No No No
Cambodia Cambodia Yes Legal No No Technically prohibited, though there has been at least one recorded case of a legally registered and recognized same-sex marriage Yes Emblem-question.svg No Emblem-question.svg
East Timor East Timor Yes Legal since 1975
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Indonesia Indonesia Yes Legal[131]
except for Muslims in Aceh Province[132]
No No No Emblem-question.svg No Emblem-question.svg
Laos Laos Yes Legal No No No Emblem-question.svg No Emblem-question.svg
Malaysia Malaysia No Illegal
(Penalty: fines, prison sentence (2-20 years), or whippings)
No No No No No No
Philippines Philippines Yes Legal[133]
except for Muslims in Marawi City
No[133] No[133] Yes[134] No Since 2009 Yes No national protections, but Cebu[135], Quezon City and Albay have anti-discrimination ordinances[136] No National bill pending but still not made into law Emblem-question.svg
Singapore Singapore No Male illegal
(Penalty: up to 2 years prison sentence; no plan to repeal 377A and not enforced since 1999)

Yes Female legal

No No No Yes Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. No No
Thailand Thailand Yes Legal since 1956 No No No Yes Since 2005 No No
Vietnam Vietnam Yes Legal
(no laws against homosexuality have ever existed)
No (Proposed) No (Proposed for 2013)[137] No Emblem-question.svg No Emblem-question.svg

Europe

Tables:

European Union

EU Flag 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
Austria Austria Yes Legal since 1971
+ UN decl. sign.
Yes Registered partnership since 2010 No No/Yes Biological step-child adoption only[140] Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Croatia Croatia Yes Legal since 1977
+ UN decl. sign.
Yes Unregistered cohabitation since 2003 No No Single gay persons may adopt Yes Yes Bans all anti-gay discrimination[141][142] Yes Act on the elimination of discrimination, The Law on volunteering, Electronic media Law (all including both gender identity and gender expression)
Czech Republic Czech Republic Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2006. No No A gay person alone may adopt (both when in registered partnership or single) Yes Yes Bans some anti-gay discrimination Yes Sex change legal; birth certificate is amended after the reassignment surgery
Germany Germany Yes Legal since 1969
(since 1968 in East Germany)
+ UN decl. sign.
Yes Registered partnership since 2001 No (proposed) No/Yes Biological or successive step-child adoption only (full joint adoption proposed)[143] Yes Yes Bans some anti-gay discrimination Yes
Hungary Hungary Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2009 No Constitutional ban since 2012[144] No Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Liechtenstein Liechtenstein Yes Legal since 1989
+ UN decl. sign.
Yes Registered partnership since 2011 No No N/A No Emblem-question.svg
Poland Poland Yes Legal
Never punished (Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932)
+ UN decl. sign.
No(proposed) No Constitution defines marriage as "a union of a man and a woman"[145] No Single gay persons may adopt Yes Yes Bans some anti-gay discrimination Yes Sex change legal; birth certificate is amended, including in cases of partial sex change.
Slovakia Slovakia Yes Legal since 1962
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Slovenia Slovenia Yes Legal since 1977
+ UN decl. sign.
Yes Registered partnership since 2006 No No Yes Yes Bans all anti-gay discrimination Yes Sex change is legal: new documents can be issued based on a person's new gender identity.[146]
Switzerland Switzerland Yes Legal
(Geneva, Vaud, Valais and Ticino: since 1798
Nationwide since 1942)
+ UN decl. sign.
Yes Registered partnership since 2007 No No/Yes Single gay persons may adopt. Biological step-child adoption only - accepted by Parliament On March 4, 2013. Might undergo through Referendum[147]. Yes Yes Bans some anti-gay discrimination Yes Sex change is legal: new documents can be issued based on a person's new gender identity. Sterilization not enforced anymore since 2012. Registered Partnership can become Marriage between the new opposite-sex couple[148].

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
Albania Albania Yes Legal since 1995
+ UN decl. sign.
No No No Yes Yes Bans all anti-gay discrimination[149] Yes Forbids discrimination based on gender identity.
Armenia Armenia Yes Legal since 2002
+ UN decl. sign.
No No No Yes/No No explicit ban. However, LGB persons have been reportedly discharged because of their sexual orientation.[150] No Emblem-question.svg
Azerbaijan Azerbaijan Yes Legal since 2000 No No No Emblem-question.svg No Emblem-question.svg
Belarus Belarus Yes Legal since 1994 No No Constitutional ban since 1994. No Yes/No Banned from military service during peacetime, but during wartime homosexuals are permitted to enlist as partially able.[151] No Emblem-question.svg
Bosnia and Herzegovina Bosnia and Herzegovina Yes Legal since 1998
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Bulgaria Bulgaria Yes Legal since 1968
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No Single gay persons may adopt. Yes Yes Bans all anti-gay discrimination No
Georgia (country) Georgia Yes Legal since 2000
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination Emblem-question.svg
Republic of Macedonia Macedonia Yes Legal since 1996
+ UN decl. sign.
No No No Yes No No
Moldova Moldova Yes Legal since 1995 No No Constitutional ban since 1994. No Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Montenegro Montenegro Yes Legal since 1977
+ UN decl. sign.
No No Constitutional ban since 2007. No Yes Yes Bans all anti-gay discrimination[152] Yes Forbids discrimination based on gender identity.
Romania Romania Yes Legal since 1996
Previously legal from 1936 to 1968.
+ UN decl. sign.
No No Civil Code defines marriage as "a union of a man and a woman"[153] No Single gay persons may adopt. Yes Yes Bans all anti-gay discrimination[142] Yes Sex change legal; birth certificate is amended after the reassignment surgery[154]
Russia Russia
(incl. all constituent regions)
Yes Legal since 1993
Previously legal from 1917 to 1930.
No No No Yes No Some regions ban homosexual "propaganda" Emblem-question.svg
Serbia Serbia Yes Legal since 1994
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No Yes Yes Bans all anti-gay discrimination[155] Emblem-question.svg
Ukraine Ukraine Yes Legal since 1991 No No Constitution defines marriage as "a union of a man and a woman" No Yes No(proposed)[156] Emblem-question.svg

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
Denmark Denmark Yes Legal since 1933
+ UN decl. sign.
Yes Legal since 1989. First country to legalise same-sex unions. Replaced in 2012 by gender neutral marriage law. Yes Legal since 2012 Yes Yes Yes Bans all anti-gay discrimination[69][142] Emblem-question.svg
Estonia Estonia Yes Legal since 1992
+ UN decl. sign.
No(proposed) No No Single persons may adopt. Two people can adopt a child only if they are married.[157] Yes Yes Bans some anti-gay discrimination[142] Emblem-question.svg
Faroe Islands Faroe Islands
(constituent country of the Kingdom of Denmark)
Yes Legal since 1933 No (proposed) No (proposed) No Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination[142] Emblem-question.svg
Finland Finland Yes Legal since 1971
+ UN decl. sign.
Yes Legal since 2002 No (under consideration)[158] Yes/ No Step-child adoption only (full joint adoption under consideration) Yes Yes Bans some anti-gay discrimination[142] Yes Legal sex change is possible without sterilization[159]
Greenland Greenland
(constituent country of the Kingdom of Denmark)
Yes Legal since 1933
+ UN decl. sign via Denmark
Yes Legal since 1996 No Yes / No Step-child adoption only Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination Emblem-question.svg
Iceland Iceland Yes Legal since 1940
+ UN decl. sign.
Yes Legal since 1996 Yes Legal since 2010 Yes Legal since 2006 N/A Yes Bans all anti-gay discrimination[142] Yes Sex changes are legal and documents can be amended to the recognised gender.
Republic of Ireland Ireland Yes Legal since 1993
+ UN decl. sign.
Yes Legal since 2011 No(proposed) No Single gay persons may adopt. Step Child adoption under consideration. Yes Yes Bans all anti-gay discrimination[142] No Legislation to recognise gender identity pending after High Court ruling in favour.
Isle of Man Isle of Man
(Crown dependencies of the UK)
Yes Legal since 1992
+ UN decl. sign
Yes No Yes Legal since 2011 Yes UK responsible for defence Yes Bans all anti-gay discrimination Yes
Latvia Latvia Yes Legal since 1992
+ UN decl. sign.
No No Constitutional ban since 2006 No An unmarried person may adopt child alone. Adoption by multiple persons that are not married banned. Yes Yes Bans some anti-gay discrimination Yes Sex changes are legal and documents are amended accordingly, including in cases of partial sex change.[160]
Lithuania Lithuania Yes Legal since 1993
+ UN decl. sign.
No No Constitutional ban since 1992 No Only married couples can adopt Yes Yes Bans all anti-gay discrimination[142] Emblem-question.svg
Norway Norway Yes Legal since 1972
+ UN decl. sign.
Yes Legal since 1993 Yes Legal since 2009 Yes Legal since 2009 Yes Yes Bans all anti-gay discrimination.[161][142] Yes Sex changes are legal and documents can be amended to the recognised gender.
Sweden Sweden Yes Legal since 1944
+ UN decl. sign.
Yes Legal since 1995 Yes Legal since 2009 Yes Legal since 2003 Yes Yes Bans all anti-gay discrimination[69] Yes
United Kingdom United Kingdom Yes Legal
England and Wales since 1967
Scotland since 1981
Northern Ireland since 1982
+ UN decl. sign.
Yes Civil partnership since 2005 Emblem-question.svg Legislation pending
England and Wales
Scotland
No Illegal
Northern Ireland
Yes Legal
England and Wales since 2005
Scotland since 2009
No Illegal
Northern Ireland
Yes Yes Bans all anti-gay discrimination[162][69] Yes Gender Recognition Act 2004

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
Andorra Andorra Yes Legal since 1791
(as part of France)
+ UN decl. sign.
Yes Legal since 2005 No(proposed) Yes Legal since 2005 N/A Yes Bans all anti-gay discrimination[142] Emblem-question.svg
Cyprus Cyprus Yes Legal since 1998
+ UN decl. sign.
No(proposed) No No No Yes Bans some anti-gay discrimination Emblem-question.svg
Gibraltar Gibraltar
(overseas territory of the UK)
Yes Legal since 1993 No (proposed) No Yes Legal since 2013[163][164] Yes UK responsible for defence Yes Bans some anti-gay discrimination Emblem-question.svg
Greece Greece Yes Legal since 1951
(Age of consent discrepancy)
+ UN decl. sign.
No(proposed) No No (proposed)[165] Yes Yes Bans some anti-gay discrimination Yes
Italy Italy Yes Legal since 1890
+ UN decl. sign.
No(proposed) No No Only married couples can adopt Yes Yes Bans some anti-gay discrimination Yes Sex changes are legal and documents can be amended to the recognised gender.[166]
Malta Malta Yes Legal since 1973
+ UN decl. sign.
No (proposed) No No Yes Yes Bans some anti-gay discrimination Yes Sex changes are legal and documents can be amended to the recognised gender
Portugal Portugal Yes Legal since 1983
+ UN decl. sign.
Yes Legal since 2001 Yes Legal since 2010 Yes/No Step-child adoption legal since 2013. (Yet to be signed or ratified by the Portugal president) [167] Yes Yes Bans all anti-gay discrimination, according to national Constitution.[142] Yes Since 2011, sex changes are legal and documents can be amended to the recognised gender.
San Marino San Marino Yes Legal since 2001
+ UN decl. sign.
No No No Emblem-question.svg No Emblem-question.svg
Spain Spain Yes Legal since 1979
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2005 Yes Yes Yes Bans all anti-gay discrimination[142] Yes Since 2007, sex changes are legal and documents can be amended to the recognised gender (Ley 3/2007[168]).
Vatican City Vatican City Yes Legal[69] No No No Emblem-question.svg No Emblem-question.svg

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
Belgium Belgium Yes Legal since 1793
(as part of France)
+ UN decl. sign.
Yes Legal since 2000 Yes Legal since 2003 Yes Legal since 2006 Yes Yes Bans all anti-gay discrimination[142] Emblem-question.svg
France France Yes Legal since 1791
+ UN decl. sign.
Yes Civil solidarity pact since 1999 Yes Legal since 2013 Yes Legal since 2013 Yes Yes Bans all anti-gay discrimination[69][142] Emblem-question.svg
Guernsey Guernsey
(incl. Alderney Alderney, Herm Herm and Sark Sark)
(Crown dependency of the UK)
Yes Legal since 1983 No (proposed) No Yes Yes UK responsible for defence Yes Bans some anti-gay discrimination[169] Yes[169]
Jersey Jersey
(Crown dependency of the UK)
Yes Legal since 1990 Yes Legal since 2012 No Yes Yes UK responsible for defence Yes Bans some anti-gay discrimination Yes Gender Recognition (Jersey) Law 2010[170]
Luxembourg Luxembourg Yes Legal since 1795
(as part of France)
+ UN decl. sign.
Yes Legal since 2004 No (proposed) No Single gay persons may adopt (step-child only proposed) Yes Yes Bans some anti-gay discrimination Emblem-question.svg
Monaco Monaco Yes Legal since 1793
(as part of France)
No No No Yes France responsible for defence No Emblem-question.svg
Netherlands Netherlands Yes Legal since 1811
(as part of France)
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2001. First country to legalise same-sex marriage. Yes Yes Yes Bans all anti-gay discrimination[142] Yes

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
Republic of Kosovo Kosovo Yes Legal since 1970
(as part of Yugoslavia)
No No. No Yes Yes Banned by the constitution[171] Emblem-question.svg
Northern Cyprus TRNC
(recognised only by the Republic of Turkey)
No Male illegal
Yes Female legal[69]
No No No No No Emblem-question.svg

Oceania

Tables:

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
Australia Australia
(including territories of
 Christmas Island,  Cocos (Keeling) Islands and
 Norfolk Island)
Yes Legal nationwide since 1994

+ UN decl. sign.

Yes Unregistered cohabitation since 2009

Registered relationship schemes in ACT, Tasmania, Victoria, Queensland and New South Wales

X mark.svg (Proposed in NSW, ACT, Vic, SA and WA) Yes/No Single gay persons may adopt; joint adoption in ACT, New South Wales and Western Australia.

Stepchild adoption in Tasmania and Queensland.

Yes since 1992 Yes Bans all anti-gay discrimination Yes Covered by all state and territory laws only.
New Zealand New Zealand Yes Legal since 1986

+ UN decl. sign.

Yes Unregistered cohabitation since 2001
Civil union since 2005.
Yes (from 19 August 2013)[172] Yes (from 19 August 2013) Yes since 1993 Yes Bans all anti-gay discrimination Yes Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

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
East Timor East Timor
(terminology "Oceania" varies on border definitions)
Yes Legal since 1975[69]
+ UN decl. sign.
No No No Emblem-question.svg No No
Fiji Fiji Yes Legal since 2010[173]
+ UN decl. sign.
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[69] Emblem-question.svg
New Caledonia New Caledonia
(overseas collectivity of France)
Yes Legal Yes PACS since 2009 Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg
Papua New Guinea Papua New Guinea No Male Illegal
(Penalty: 3 to 14 years imprisonment)
Emblem-question.svg Female Unknown [69]
No No No No No No
Solomon Islands Solomon Islands No Illegal
(Up to 14 years imprisonment)[69]
No No No No No No
Vanuatu Vanuatu Yes Legal since 2007[69]
+ UN decl. sign.
No No No Emblem-question.svg No No

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
Guam Guam
(unincorporated territory of the United States)
Yes Legal since 1979 No (proposed) No Yes Legal since 2002 Yes since 2011 Yes Bans all anti-gay discrimination, also US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Federated States of Micronesia Federated States of Micronesia Yes Legal[69]
+ UN decl. sign.
No No No Yes since 2011 Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Kiribati Kiribati No Male illegal
Yes Female legal[69]
No No No No No No
Marshall Islands Marshall Islands Yes Legal since 2005[69]
+ UN decl. sign.
No No No Yes since 2011 No
Nauru Nauru No Male illegal
Yes Female legal[69]
(legalisation proposed)
+ UN decl. sign.
No No No Yes Australia's responsibility No No
Northern Mariana Islands Northern Mariana Islands Yes Legal since 1983 No No No Yes since 2011 Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Palau Palau No Male illegal
Yes Female legal[69]
+ UN decl. sign.
No No No No No No

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
American Samoa American Samoa
(unincorporated territory of the United States)[174]
Yes Legal since 1899 No No No Yes since 2011 Yes The US hate crime laws also apply to all US external territories as well Yes The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island
(overseas territory of Chile)
Yes Legal since 1998 No (Pending) No (Pending) No Yes Yes Yes since 2007
Cook Islands Cook Islands
(part of the Realm of New Zealand)
No Male illegal
Yes Female legal[69]
No No No Yes New Zealand's responsibility No No
French Polynesia French Polynesia
(overseas collectivity of France)
Yes Legal Yes Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg
Hawaii Hawaii
(State of the United States United States)
Yes Legal since 1972 Yes Reciprocal beneficiary rights since 1997
civil union from 2012
No Constitutional and statute ban since 1998 Yes Since 2012 (under civil union law) Yes Since 2011 Yes Bans discrimination on the basis of sexual orientation Yes Bans discrimination on the basis of gender identity/expression
Niue Niue
(part of the Realm of New Zealand)
Yes Legal since 2007[69] No No No N/A Emblem-question.svg Emblem-question.svg
Pitcairn Islands Pitcairn Islands
(overseas territory of the United Kingdom)
Yes Legal since 1967 No No Yes Yes Yes Discrimination banned by the constitution[175] Emblem-question.svg
Samoa Samoa No Illegal + UN decl. sign. No No No N/A No No
Tokelau Tokelau
(part of the Realm of New Zealand)
Yes Legal since 2007[69] No No No N/A No No
Tonga Tonga No Male illegal
(Penalty: Up to 10 years imprisonment, corporal punishment)
Yes Female legal[69]
No No No No No No
Tuvalu Tuvalu No Male illegal
(Penalty: Up to 14 years imprisonment)
Yes Female legal[69]
+ UN decl. sign.
No No No N/A No Emblem-question.svg
Wallis and Futuna Wallis and Futuna
(overseas collectivity of France)
Yes Legal Yes PACS since 2009 Yes Since 2013 Yes Since 2013 Yes French responsibility Emblem-question.svg Emblem-question.svg


See also

References

  1. ^ "About LGBT Human Rights". Amnesty International. Retrieved March 29, 2013. 
  2. ^ Becker, John (March 23, 2012). "LGBT Rights Are Civil Rights". Huffington Post. Retrieved March 29, 2013. 
  3. ^ Jordans, Frank (June 17, 2011). "U.N. Gay Rights Protection Resolution Passes, Hailed As 'Historic Moment'". Associated Press. 
  4. ^ "UN issues first report on human rights of gay and lesbian people". United Nations. 15 December 2011. 
  5. ^ 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. 
  6. ^ Evans-Pritchard, E. E. (December 1970). Sexual Inversion among the Azande. American Anthropologist, New Series, 72(6), 1428–1434.
  7. ^ Pablo, Ben (2004), "Latin America: Colonial", glbtq.com, retrieved 2007-08-01 
  8. ^ 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. 
  9. ^ a b Califia, Patrick (2003) Sex Changes The Politics of Transgenderism, Cleis Press INC., California, ISDN 1-57344-180-5
  10. ^ a b Williams, Walter L., (1986) The Spirit and the Flesh: Sexual Diversity in American Indian Culture, Boston: Beacon Press
  11. ^ Katz, J. (1976) Gay American History: Lesbians and Gay Men in the U.S.A. New York: Thomas Y. Crowell Company
  12. ^ 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.
  13. ^ Ibid, 468.
  14. ^ Gay Rights Or Wrongs: A Christian's Guide to Homosexual Issues and Ministry, by Mike Mazzalonga, 1996, p.11
  15. ^ a b The Nature Of Homosexuality, Erik Holland, page 334, 2004
  16. ^ Bullough, p. 53
  17. ^ Dynes, Wayne R. and Stephen Donaldson. 1992. Homosexuality in the Ancient World. New York, NY: Garland.
  18. ^ Ibid, 465
  19. ^ Ibid, 465.
  20. ^ Homoeroticism in the Biblical World: A Historical Perspective, authored by Martti Nissinen, Fortress Press, 2004, page 27
  21. ^ Nissinen, p. 27
  22. ^ Nissinen, p. 25-27; Naphy, p. 19
  23. ^ Ibid, 468
  24. ^ Pritchard, p. 181.
  25. ^ Ed. Wayne Dynes, Encyclopaedia of Homosexuality, New York, 1990, pp216
  26. ^ Ed. Wayne Dynes, Encyclopaedia of Homosexuality, New York, 1990, p218
  27. ^ [1]
  28. ^ Hinsch, Bret. (1990). Passions of the Cut Sleeve. University of California Press. p. 77-78.
  29. ^ Kang, Wenqing. Obsession: male same-sex relations in China, 1900-1950, Hong Kong University Press. Page 3
  30. ^ a b Oxford Classical Dictionary entry on homosexuality, pp.720–723; entry by David M. Halperin.
  31. ^ 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
  32. ^ http://galva108.org/deities.html
  33. ^ 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.
  34. ^ Thomas A.J. McGinn, Prostitution, Sexuality and the Law in Ancient Rome (Oxford University Press, 1998), p. 326.
  35. ^ Catharine Edwards, "Unspeakable Professions: Public Performance and Prostitution in Ancient Rome," in Roman Sexualities, pp. 67–68.
  36. ^ 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.
  37. ^ 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.
  38. ^ 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.
  39. ^ Williams, Roman Homosexuality, pp. 214–215; Richlin, "Not before Homosexuality," passim.
  40. ^ Catharine Edwards, The Politics of Immorality in Ancient Rome (Cambridge University Press, 1993), pp. 63–64.
  41. ^ 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.
  42. ^ Richlin, "Not before Homosexuality," pp. 562–563. See also Digest 48.5.35 [34] on legal definitions of rape that included boys.
  43. ^ Under the Lex Aquilia. See McGinn, Prostitution, Sexuality, and the Law in Ancient Rome, p. 314.
  44. ^ McGinn, Prostitution, Sexuality and the Law in Ancient Rome, p. 40.
  45. ^ Sara Elise Phang, Roman Military Service: Ideologies of Discipline in the Late Republic and Early Principate (Cambridge University Press, 2008), p. 93.
  46. ^ Polybius, Histories 6.37.9 (translated as bastinado).
  47. ^ Phang, The Marriage of Roman Soldiers, pp. 280–285.
  48. ^ Phang, The Marriage of Roman Soldiers, p. 3.
  49. ^ Williams, Roman Homosexuality, p. 112 et passim.
  50. ^ Phang, The Marriage of Roman Soldiers, pp. 285–292.
  51. ^ Juvenal, Satire 2; Williams, Roman Homosexuality, p. 28.
  52. ^ Suetonius Life of Nero 28–29; Williams, Roman Homosexuality, p. 279ff.
  53. ^ Michael Groneberg, "Reasons for Homophobia: Three Types of Explanation," in Combatting Homophobia: Experiences and Analyses Pertinent to Education (LIT Verlag, 2011), p. 193.
  54. ^ Codex Theodosianus 9.7.3 (4 December 342), introduced by the sons of Constantine in 342.
  55. ^ Groneberg, "Reasons for Homophobia," p. 193.