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→‎Bans on "propaganda" of homosexualism: Novosibirsk region of Russia also passed an anti-gay propaganda law.
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*[[Kostroma Oblast]] - adopted on 28 February, 2012
*[[Kostroma Oblast]] - adopted on 28 February, 2012
*[[Saint Petersburg]] - adopted on 30 March, 2012
*[[Saint Petersburg]] - adopted on 30 March, 2012
*[[Novosibirsk]] - adopted on 26 April, 2012<ref>[http://www.themoscowtimes.com/mobile/news/article/novosibirsk-region-latest-to-pass-anti-gay-law/457627.html]</ref>


[[File:Legislative bans on "propaganda" of homosexualism in Russia.svg|thumb|Russian regions which have enacted laws banning the "propaganda" of homosexualism - in red.]]
[[File:Legislative bans on "propaganda" of homosexualism in Russia.svg|thumb|Russian regions which have enacted laws banning the "propaganda" of homosexualism - in red.]]

Revision as of 06:30, 5 May 2012

LGBT rights in Russia Russia
Russia
StatusLegal since 1993[1]
Age of consent stands at 16 since 2003
Gender identityLegal gender change since 1997[note 1]
MilitaryNon-official policy "Don't ask, don't tell" since 2003[2]
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
RestrictionsArticle 12 of Family Code de facto states that marriage is a union of a man and a woman
AdoptionNo legal restrictions to adopt by a single person[note 2]

Lesbian, gay, bisexual, or transgender (LGBT) persons in Russia may face legal challenges not experienced by non-LGBT residents, though many advances have been made in the past two decades. As of 2008 (when Men who have sex with men were finally allowed to donate blood),[3] Russia has no criminal law on federal level directed at LGBT people, but since male homosexual acts were decriminalized in 1993,[1] there are no laws protecting against discrimination or harassment on the basis of sexual orientation or gender identity[citation needed]. However, local legislature of Ryazan region legislatively prohibited "propaganda of homosexuality among minors"[4] and established fines for that administrative offense.[5] A similar law was passed in Arkhangelsk region in September 2011.[6]

In November 2011 a similar law was also adopted at first reading by the legislature of Saint Petersburg (in case of Saint-Petersburg the adopted law imposed a ban on "propaganda" of homosexualism, bisexualism, transgenderism and pedophilia, while lacking the exact and unambiguous definition of what exactly should be considered "propaganda" and what, for example, an educational material and missing any explanation why pedophilia is virtually equalized with the first three non-criminal even according to Russian law types of sexuality). Russian media reported that further readings of this law in Saint-Petersburg were postponed to "clarify some definitions". Finally, the law was approved by the Legislative Assembly of Saint Petersburg, signed by city's governor and took effect on 30 March 2012.[2]. According to Russian media, a similar regional law is being drafted in Moscow city legislature and according to Federation Council of Russia speaker Valentina Matviyenko such ban on "propaganda of homosexualism" might also be adopted on federal level in order to "protect the children from destructive influence".[3]

A similar ban on "propaganda" of homosexualism, bisexualism, transgednerism and pedophilia was also aproved in Kostroma Oblast, which took effect on 28 February 2012.[4]

Curent situation of LGBT rights in Russia:

Public opinion about LGBT topics and people tends to be negative: according to 2005 poll, 43.5% of Russians support re-criminalization of homosexual acts between consensual adults;[7] at the same time, 42.8% of Russians support a legal ban on discrimination on the basis of sexual orientation.[7] There is a visible LGBT community network, mostly in major cities like Moscow and Saint Petersburg, including nightclubs and political organizations.

Same-sex marriages are not allowed in Russia. "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail, Irina Muravyova said, head of the Moscow Registry Office. We live in a civil society, we are guided by the federal law, by the Constitution that clearly says: marriage in Russia is between a man and a woman, Such a marriage [same-sex] cannot be contracted in Russia!" Muravyova declared at a press conference.[9]

History

Main article: LGBT history in Russia

Transgender issues

In Tsarist Russia, young women would sometimes pose as men or act like tomboys. This was often tolerated among the educated middle classes, with the assumption that such behavior was asexual and would stop when the girl married.[10] However, cross-dressing was widely seen as immoral behavior, punishable by the Church and later the government.[10]

In Soviet Russia, sex change operations were first tried during the 1920s but became prohibited until the 1960s, when they were often done by Russian endocrinologist Aron Belkin, who was something of an advocate for transgender people until his death in 2003.[10]

Bans on "propaganda" of homosexualism

Since 2006, four regions have enacted a ban on "propaganda" of homosexualism. By April 2012 these regions are:

File:Legislative bans on "propaganda" of homosexualism in Russia.svg
Russian regions which have enacted laws banning the "propaganda" of homosexualism - in red.

Summary table

Homosexuality legal Yes (since 27 May 1993)
Equal age of consent Yes (since 27 May 1993)[note 3]
Anti-discrimination laws in any area No (authorities refuse to recognize the need in special legislation)
Same-sex marriage(s) No
Recognition of same-sex couples as de facto couples or civil partnerships No (no recognition)
Joint and/or step adoption by same-sex couples No (only married couples allowed to adopt)[note 2]
Adoption by single homosexual people Yes (no legal restrictions based on sexual orientation for single people to adopt)[note 2]
Gays allowed to serve openly in the military Yes (gay people can theoretically serve in the military, but they are strongly advised to hide their homosexuality for the sake of their personal safety)[2]
Right to change legal gender Yes (since 15 November 1997)[note 1]
MSMs allowed to donate blood Yes (since 16 April 2008)[3]
Right to speak publicly No (currently in discussion by political leaders, some regions have enacted legislation banning "propaganda" of homosexualism)

See also

Notes

  1. ^ a b c The Federal Law On Acts of Civil Status (1997) provides for the possibility to rectify acts of civil status based on the document confirming sex transformation issued by a health institution (art.70). Also, transgender people can change their passport on the grounds of sex transformation. See the Administrative Legislation section of the Russian LGBT Network 2009 Report.
  2. ^ a b c d Adoption is being regulated by the Civil Procedure Code of Russia (Chapter 29); Family Code of Russia (Chapter 19); Federal Law On Acts of Civil Status (Chapter V). None of these documents contain any direct restriction or ban for homosexual people to adopt, though unmarried couples are not allowed to adopt children (Article 127.2 of the Family Code of Russia), and since same-sex marriage is not officially recognized, gay couples cannot adopt children together; nevertheless, single individuals can adopt (see also the Parent Relations section of the Russian LGBT Network 2009 Report). The Court makes the decision to allow or deny adoption considering many documents and testimonies, so it is unclear whether LGBT affiliation of the candidate adopter can be in fact an issue for a judge to make a negative decision.
  3. ^ The age of consent for homosexual acts was never specifically mentioned in the old Criminal Code of RSFSR, which was replaced with the new Criminal Code of Russia in 1996, and this new Code mentions the age of consent regardless of sexual orientation in Article 134.

References

  1. ^ a b "Russia: Update to RUS13194 of 16 February 1993 on the treatment of homosexuals". Immigration and Refugee Board of Canada. 29 February 2000. Retrieved 21 May 2009. {{cite web}}: External link in |publisher= (help)
  2. ^ a b c "Gays are not Willingly Accepted in the Russian Army". Pravda Online. 1 December 2003. Retrieved 20 May 2009. {{cite web}}: External link in |work= (help)
  3. ^ a b "Russian Health Ministry Ends Ban on Blood Donations by Gays". UK Gay News. 23 May 2008. Retrieved 5 September 2011.
  4. ^ "Закон Рязанской области о защите нравственности и здоровья детей в Рязанской области" (DOC). Управление Внутренних Дел по Рязанской области. 3 April 2006. Retrieved 5 September 2011.
  5. ^ "Закон Рязанской области от 04.12.2008 г. №182-ОЗ Об административных правонарушениях" (DOC). Управление Внутренних Дел по Рязанской области. 4 December 2008. Retrieved 5 September 2011.
  6. ^ "Петиция против гомофобного законопроекта в Архангельске". Russian LGBT Network. 31 August 2011. Retrieved 5 September 2011.
  7. ^ a b c "Public opinion poll: Majority of Russians oppose gay marriages and a gay President but support ban on sexual orientation discrimination". GayRussia.Ru. 19 May 2005. Retrieved 26 May 2009. {{cite web}}: External link in |publisher= (help)
  8. ^ "Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor. 17 February 2005. Retrieved 21 May 2009. {{cite web}}: External link in |publisher= (help)
  9. ^ "Same-sex marriages not allowed in Russia - Moscow registrar". Interfax-Religion. 13 January 2011. Retrieved 13 January 2011.
  10. ^ a b c Healey, Daniel (2004, last updated 19 July 2005). "Russia". glbtq: An Encyclopedia of Gay, Lesbian, Bisexual, Transgender, and Queer Culture. glbtq, Inc. Retrieved 21 May 2009. {{cite web}}: Check date values in: |date= (help)
  11. ^ [1]

Sources with multiple references

Wikimedia Commons has media related to LGBT in Russia.
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