LGBT rights by country or territory
relationships and expression
| Same-sex marriage | Restricted freedom of expression | ||
| Other type of partnership or unregistered cohabitation | Unenforced penalty | ||
| Marriage recognized but not performed | Imprisonment | ||
| Marriage recognized federally but not performed | Up to life in prison | ||
| Same-sex unions not recognized | Death penalty |
| Support | Countries which have signed a General Assembly declaration of LGBT rights and/or sponsored the Human Rights Council's 2011 resolution on LGBT rights (94 members). | |
| Oppose | Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members). | |
| Neither | Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (46 members). |
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 considered human rights[1] and civil rights.[2] LGBT rights laws include, but are not limited to, the following:
- allowing of men who have sex with men to donate blood,
- government recognition of same-sex relationships (such as via same-sex marriage or similar unions),
- allowing of 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,
- equal access to assisted reproductive technology
- access to sex reassignment surgery and hormone replacement therapy
- legal recognition and accommodation of reassigned gender,
- 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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Ancient Celts
According to Aristotle, although most "belligerent nations" were strongly influenced by their women, the Celts were unusual because their men openly preferred male lovers (Politics II 1269b).[5] H. D. Rankin in Celts and the Classical World notes that "Athenaeus echoes this comment (603a) and so does Ammianus (30.9). It seems to be the general opinion of antiquity."[6] In book XIII of his Deipnosophists, the Roman Greek rhetorician and grammarian Athenaeus, repeating assertions made by Diodorus Siculus in the 1st century BC (Bibliotheca historica 5:32), wrote that Celtic women were beautiful but that the men preferred to sleep together. Diodorus went further, stating that "the young men will offer themselves to strangers and are insulted if the offer is refused". Rankin argues that the ultimate source of these assertions is likely to be Poseidonius and speculates that these authors may be recording male "bonding rituals".[7]
Ancient India
Throughout Hindu and Vedic texts there are many descriptions of saints, demigods, and even the Supreme Lord transcending gender norms and manifesting multiple combinations of sex and gender.[8] There are several instances in ancient Indian epic poetry of same sex depictions and unions by gods and goddesses. There are several stories of depicting love between same sexes especially among kings and queens. Kamasutra, the ancient Indian treatise on love talks about feelings for same sexes. Transsexuals are also venerated e.g. Lord Vishnu as Mohini and Lord Shiva as Ardhanarishwara (which means half woman).[9]
Ancient Israel and West Asia
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. In Deuteronomy 22:5, cross-dressing is condemned as being "abominable".
Middle Assyrian Law Codes dating 1075 BC states: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch.[citation needed]
Ancient 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.
Ancient Rome
The "conquest mentality" of the ancient Romans shaped Roman homosexual practices.[10] 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;[11] for the male citizen to submit his body to the giving of pleasure was considered servile.[12] 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.[13] 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.[14] 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.[15] 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.[16] 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.[17]
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.[18] 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.[19] 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.[20]
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,[21] as a violation of military discipline.[22] 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.[23] 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.[24] Soldiers were free to have relations with their male slaves;[25] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[26] 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.[27]
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.[28] 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.[29]
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.[30] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[31] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.[32]
Congo
E. E. Evans-Pritchard recorded that in the past male Azande warriors in the northern Congo routinely took on young male lovers 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 to whom he spoke.[33]
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",[34] 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.
Lesotho
Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in socially sanctioned "long term, erotic relationships" called motsoalle.[35]
Papua New Guinea
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 wasteful and celebrated homosexuality instead. They believed that in sharing semen, they are sharing their life force, yet women simply wasted this force any time they didn't get pregnant after sex. 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.[36]
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Decriminalization of same-sex sexual activity by country or territory
1790–1799
1800–1829
1830–1839
1840–1859
1860–1869
1870–1879
1880–1889
1890–1929
1930–1939
1940–19491
1950–1959
1960–1969
1970–1979
1980–1989
1990–19992
2000–2009
2010-present
Same-sex sexual activity legal3
Male same-sex sexual activity illegal
Same-sex sexual activity illegal
1During World War II, Nazi Germany annexed territory or established reichskommissariats which extended Germany's laws against same-sex sexual activity to those territories and reichskommissariats. Same-sex sexual activity was previously legalized in the following countries or territories before German annexation or establishment of reichskommissariats: Bas-Rhin (legal in 1791), Belgium (legal in 1795), Belluno (legal in 1890), Friuli-Venezia Giulia (legal in 1890), Haut-Rhin (legal in 1791), Luxembourg (legal in 1795), Moselle (legal in 1791), Netherlands (legal in 1811), Nord (legal in 1791), Pas-de-Calais (legal in 1791), Poland (legal in 1932), and Trentino-Alto Adige/Südtirol (legal in 1890). All countries and territories listed that where annexed or established into reichskommissariats by Nazi Germany during World War II where restored as independent countries or reincorporated into their previous countries during or after the war and thus re-legalized same-sex sexual activity in those areas.2In May 1973, the Libyan Arab Republic annexed the Aouzou Strip from Chad. Libya's laws against same-sex sexual activity where thus extended to the annexed Aouzou Strip. In August 1987, during the Toyota War between the Great Socialist People's Libyan Arab Jamahiriya and Chad, Aouzou fell to the Chadian forces, only to be repelled by an overwhelming Libyan counter-offensive. The Aouzou dispute was concluded on February 3, 1994, when the judges of the International Court of Justice by a majority of 16 to 1 decided that the Aouzou Strip belonged to Chad. Monitored by international observers, the withdrawal of Libyan troops from the Strip began on April 15, 1994, and was completed by May 10, 1994. The formal and final transfer of the Aouzou Strip from Libya to Chad took place on May 30, 1994, when the sides signed a joint declaration stating that the Libyan withdrawal had been effected. 3Same-sex sexual activity was never criminalized in the following countries and territories: Benin, Burkina Faso, Cambodia Central African Republic, Chad (excluding Aouzou Strip), Clipperton Island, Republic of the Congo, Côte d'Ivoire, Democratic Republic of Congo, French Polynesia, French Southern and Antarctic Lands, Gabon, Laos, Madagascar, Mali, Mayotte, New Caledonia, Niger, North Korea, Rwanda, South Korea, Vietnam, and Wallis and Futuna. Same-sex sexual activity had also never been criminalized in continent of Antarctica. |
|
Blood donation policies for men who have sex with men
Men who have sex with men may donate blood; No deferral
Men who have sex with men may donate blood; Temporary deferral
Men who have sex with men may not donate blood; Permanent deferral1
No Data
1No restriction in Israel and the United States of America if last MSM activity was before 1977. |
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 imprisonment, or vigilante executions [37] |
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Penalty: Up to 10 years imprisonment.[39] |
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(incl. Western Sahara) |
Penalty: Less than 10 years imprisonment.[40] |
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Penalty: Up to 10 years imprisonment. |
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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 or 3-10 years imprisonment.[41] |
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: 10 years imprisonment or more |
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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 public executions for any crime since 1987. Some reports say gay boys are subject to clandestine executions. |
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Penalty: Imprisonment, fines, corporal punishment or even death penalty.[44] |
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Penalty: 1 to 5 years imprisonment |
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Penalty: Up to life imprisonment (although seldom enforced) + UN decl. sign. |
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Penalty: Fine & 3 years imprisonment |
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: Fines to 5 years imprisonment |
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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 United Kingdom) |
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+ UN decl. sign.[45] |
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[46] |
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Penalty: Up to 3 years imprisonment [37] |
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Penalty: 10 years imprisonment or more. |
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Penalty: up to 14 years imprisonment |
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+ UN decl. sign. |
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Penalty: Up to 3 years imprisonment, although vigilante executions are tolerated. |
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Penalty: Up to life imprisonment |
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Penalty: Up to life imprisonment[37] except in Zanzibar |
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 & fines |
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Penalty: Up to 5 years imprisonment.(Moderate and reasonably ignored) [37][48]+ UN decl. sign. |
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(Overseas department of France since 2011) |
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(Overseas department of France) |
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Penalty: Up to 14 years imprisonment, decriminalization 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: fines, restrictions or penal labor (Penalty: Articles 70 and 71 of the Angolan Penal Code provides for the imposition of security measures on people who habitually practice acts against nature) |
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Penalty: Fine - 7 years, though not enforced |
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Penalty: Up to 14 years imprisonment & whippings (No more arrests under Anti-gay laws) |
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Not enforced[37][52] |
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Penalty: up to 14 years imprisonment |
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Partially recognized/Unrecognized 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 imprisonment |
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Penalty: expulsion from country, life imprisonment; death penalty in some regions and cities. |
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)[55] + UN decl. sign. |
Mandatory legal status nationwide since 2005 |
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(constituent country of the Kingdom of Denmark) |
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+ UN decl. sign. |
|
|
|
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(overseas collectivity of France) |
+ UN decl. sign. |
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+ UN decl. sign. See Lawrence v. Texas |
(Legal in some states where same-sex marriage is also legal. Domestic partnership benefits and civil unions granted by local level cities and counties in 15 states). |
(Legal in Alaska, Arizona, California, Connecticut, Colorado, Delaware, Hawaii, Idaho,Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, Ten Native American Tribal Jurisdictions and the District of Columbia. Recognized in Missouri). |
(Sexual orientation discrimination in public and private employment) |
(Gender identity discrimination in public and private employment) |
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). |
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+ UN decl. sign. |
N/A Has no armed forces |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
(Constitutional ban) |
(Constitutional ban) |
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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) |
Only unions made in the Netherlands recognised |
Only same-sex marriages made in the Netherlands recognised |
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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. |
(but proposed) |
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(Autonomous country in the Kingdom of the Netherlands) |
Only unions made in the Netherlands recognised |
Only same-sex marriages made in the Netherlands recognised |
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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. |
Constitutional ban since 2010 |
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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) |
Only unions made in the Netherlands recognised |
Only same-sex marriages made in the Netherlands recognised |
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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. |
(Constitutional ban) |
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Legal since 1830[37] + UN decl. sign. |
All rights as recognized family entities available nationwide since 2011[87][88] |
Nationwide since 2013 [89][90] |
Legal since 2010.[91] |
Official discrimination illegal since 1988, Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999[93][94] |
Legal protection in many jurisdictions, expansion of anti-discrimination (all) national Constitutional amendment discussed in the Senate.[95] |
||
(Age of consent discrepancy) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
(Constitutional ban) |
(Constitutional ban) |
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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. |
(Constitutional ban since 1992)[113] |
(Constitutional ban since 1992)[113] |
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+ UN decl. sign. |
Transgender persons can change their legal gender and name since 2009.[121] |
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+ UN decl. sign. there was not an illegal or legal status before. |
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) |
Middle East
| 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[125] + UN decl. sign. |
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(Penalty: Fines or up to 6 year prison sentence) |
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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: De facto capital punishment by Hamas-controlled administration)[129] |
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(West Bank) |
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(Penalty: fines, prison sentence up to 5 years) |
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(Penalty: Prison sentences of several months to life, fines and/or whipping/flogging, castration, torture, vigilante execution, or death can be sentenced on first conviction. A second conviction merits execution.) |
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(Penalty: prison sentence up to 3 years) |
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(Penalty: deportation, fines or prison time) |
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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) |
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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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(Penalty: Death) |
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+ 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. |
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(was illegal from 1872–1880; before that there were no laws forbidding same sex relationships) + UN decl. sign. |
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(Special administrative region of China) |
The People's Republic of China is in charge of Macau's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Macau. |
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+ UN decl. sign. |
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: Death by stoning) |
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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[141] |
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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
European Union member states are indicated with the EU flag in regional European sub-divisions.
| 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 same-sex sexual activity and implement anti-discrimination laws.[147][148] |
Central Europe
| LGBT rights in: | Same-sex sexual activity | Civil union | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(since 1968 in East Germany) |
|||||||
| N/A | |||||||
Never punished (Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932) (Illegal from 1939-1944/1945 under annexation of Nazi Germany) |
|||||||
Previously legal from 1864 to 1968 |
|||||||
(Geneva, Vaud, Valais and Ticino: since 1798 Nationwide since 1942) |
Eastern Europe
| LGBT rights in: | Same-sex sexual activity | Civil union | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Previously legal from 1917 to 1930) |
|||||||
Northern Europe
| LGBT rights in: | Same-sex sexual activity | Civil union | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(constituent country of the Kingdom of Denmark) |
|||||||
| N/A | |||||||
Constitutionally banned since 2006 |
|||||||
Constitutionally banned since 1992 |
|||||||
Southern Europe
| LGBT rights in: | Same-sex sexual activity | Civil union | 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) |
N/A | ||||||
(overseas territory of the United Kingdom) |
|||||||
| N/A |
Western Europe
| LGBT rights in: | Same-sex sexual activity | Civil union | 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) (Illegal from 1944-1944/1945 as part of Reichskommissariat Belgien-Nordfrankreich and under annexation of Nazi Germany) |
|||||||
(Illegal in Alsace-Lorraine from 1871–1918 and 1940-1944/1945 under annexation of Imperial and Nazi Germany and illegal in Nord and Pas-de-Calais from 1944-1945 as part of Reichskommissariat Belgien-Nordfrankreich) |
|||||||
(Crown dependency of the United Kingdom) |
|||||||
(Crown dependencies of the United Kingdom) |
|||||||
(Crown dependency of the United Kingdom) |
|||||||
(as part of France) (Illegal from 1942-1944/1945 under annexation of Nazi Germany) |
|||||||
(as part of France) (Illegal from 1940-1944/1945 as part of Reichskommissariat Niederlande) |
|||||||
Partially or unrecognised states
| LGBT rights in: | Same-sex sexual activity | Civil union | 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) |
|||||||
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. (Age of consent discrepancy in Queensland only) |
Registered relationship schemes in ACT, Tasmania, Victoria, Queensland and New South Wales |
Stepchild adoption in Victoria. Banned in South Australia, Queensland and Northern Territory |
||||
+ 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)[37] |
N/A | ||||||
+ 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. |
N/A | ||||||
| N/A | |||||||
+ UN decl. sign. |
N/A | ||||||
(legalisation proposed) + UN decl. sign. |
N/A | ||||||
(unincorporated territory of the United States) |
|||||||
+ UN decl. sign. |
N/A |
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)[195] |
|||||||
(overseas territory of Chile) |
|||||||
(part of the Realm of New Zealand) |
|||||||
(overseas collectivity of France) |
|||||||
(State of the |
|||||||
(part of the Realm of New Zealand) |
|||||||
(overseas territory of the United Kingdom) |
|||||||
| N/A | |||||||
(part of the Realm of New Zealand) |
|||||||
(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
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- ^ Rankin, p. 55
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- ^ ritiya-Prakriti: People of the Third Sex, p. 40
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- ^ 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.
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- ^ Richlin, "Not before Homosexuality," pp. 562–563. See also Digest 48.5.35 [34] on legal definitions of rape that included boys.
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- ^ a b Marriage equality Bill officially signed into law, GayNZ.com, Retrieved 19 April 2013
- ^ Chand, Shalveen (26 February 2010). "Same sex law decriminalised". Fiji Times. Retrieved 6 October 2011.
- ^ Palau decriminalises sex between men
- ^ "Sodomy Laws American Samoa". Sodomylaws.org. 28 March 2004. Archived from the original on 2012-02-19. Retrieved 21 December 2008.
- ^ The Pitcairn Constitution Order 2010
External links
- International Lesbian and Gay Association
- Gay, Lesbian, and Bisexual: Law at DMOZ
- Amnesty International USA: LGBT legal status around the world — interactive map
- GayLawNet: Laws — information by country
- International Gay and Lesbian Human Rights Commission
- Resource links — for researching legal information
- International Commission of Jurists, Sexual Orientation, Gender Identity and Justice - A Comparative Law Casebook
- United Nations Human Rights Council, Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, an annual report
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