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LGBTQ rights by country or territory

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This is an old revision of this page, as edited by 121.218.40.222 (talk) at 08:26, 3 October 2007 (→North America: '''Same-sex marriage performed and recignised''': in Massachusetts and only recognized in New York and Rode Island.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

World laws on homosexuality
File:US SSM Laws.png
Legality of same-sex unions in the US.
Legality of same-sex unions in Europe.
  Same sex marriage recognised
  Civil unions recognised
  Unregistered cohabitation recognised
  Issue under political consideration
  Unrecognised or unknown
  Same sex marriage constitutionally banned

The countries of the world have a wide variety of laws relating to sexual relations between people of the same sex - everything from full same-sex marriage to the death penalty as punishment for homosexual conduct. Among the first laws on same-sex relations ca. 600 BC are those in ancient Crete and Sparta, which encouraged all adult men to engage in mentoring homoerotic friendships.

In addition to laws against the practice of homosexuality, many countries around the world consider calling a person homosexual sufficient grounds for a libel lawsuit. For example, Jason Donovan and Liberace have sued newspapers that ran articles insinuating they were gay; both men won their lawsuits.

History of homosexuality laws

The first recorded laws against sexual intercourse between men are dated by scholars to circa 550 BC, during the Babylonian captivity of the Jewish people; they are recorded in Leviticus (though conservative scholars date Leviticus much older), and they prescribe the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from traditional interpretations of Judaism and its descendants: Christianity and Islam. With the advent of colonialism this attitude spread along with political control from the imperial powers of the nations with Abrahamic state religion. In post-colonial times some non-Abrahamic religions have maintained their adoptive views of homosexuality. Usually an Abrahamic religion is the primary factor when accounting for a law against homosexuality and the major supporter.

Christian psychologists in Europe also attempted to rationalize the negative views of sodomy predominant in Europe in the Middle Ages with secular language, calling it a disease, by which means it was later absorbed as non-religious science in Communist states.

Homosexuality laws

This is a list of laws around the world concerning homosexuality. The list is arranged alphabetically by region. It should be noted that this list should not be assumed to represent a standard for measuring a nation's views, per se. Many nations which retained negative laws for a lengthy period of time, or even retain them today, may in practice be less oppressive of homosexuality than this suggests, with such laws simply being unenforced anachronisms. Similarly, a country which lacks formal laws against it may possess a culture which is openly hostile and may chose to persecute individuals by other means. No country in the world just crimilizes lesbianism or female-female sex, usually all homosexuality or just male homosexuality is still illegal in about 70 countries and/or even heterosexual sodomy (Sodomy is not just anal sex, it can also include oral sex, fornification or any sexual behavoiur that does not lead to procreation or birth of a child within marriage. The age of consent is equal - Unless it is noted below.

Country names marked "(☆)" feature special "LGBT rights" articles about the country in question.

Africa

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
☆Algeria Yes Fine - 3 years - No No See LGBT rights in Algeria.
☆Angola Yes Labour camps - No No Page 6 of [2] and LGBT rights in Angola.
Benin Yes 3 years - No No  
Botswana Yes Fine - 7 years - No No  
☆Burkina Faso No - - No No See LGBT rights in Burkina Faso.
Burundi No - - No No  
☆Cameroon Yes Fine - 5 years - No No See LGBT rights in Cameroon.
☆Cape Verde No (Since 2004) - - No No See LGBT rights in Cape Verde.
☆Central African Republic No - - No No See LGBT rights in the Central African Republic.
☆Chad No - - No No See LGBT rights in Chad.
☆Comoros No - - No No See LGBT rights in Comoros.
☆Republic of the Congo No - - No No See LGBT rights in the Republic of the Congo.
☆Democratic Republic of the Congo No - - No No See LGBT rights in the Democratic Republic of the Congo.
Côte d'Ivoire No - - No No -
☆Djibouti Yes 10 - 12 years - No No See LGBT rights in Djibouti.
☆Egypt Yes* 5 Years - No No *LGBT males and commonly oppressed with vague morality laws. Page 13 of [3] and LGBT rights in Egypt.
Equatorial Guinea No - - No No -
Eritrea Yes 3 - 10 years - No No -
☆Ethiopia Yes 10 days - 3 years - No No See LGBT rights in Ethiopia.
☆Gabon No - - No No See LGBT rights in Gabon.
Gambia Yes Fine - 14 years - No No -
☆Ghana Yes ? - No No See LGBT rights in Ghana.
Guinea Yes 6 months - 3 years - No No -
Guinea Bissau Yes Labour camps - No No Page 17 of [4]
☆Kenya Male only Fine - 14 years - No No See LGBT rights in Kenya.
Lesotho Male only ? - No No -
Liberia Yes Fine - No No -
Libya Yes Fine - 5 years - No No -
Madagascar No - - No No -
Malawi Yes ? - 14 years - No No -
☆Mali No - - No No See LGBT rights in Mali.
Mauritania Yes Death - No No -
Mauritius Yes Fine - 5 years - No No -
☆Morocco Yes 6 months - 3 years - No No See LGBT rights in Morocco.
Mozambique Yes Labor camps - No No Page 25 of [5].
Namibia Yes - - Yes No Constitutional protection for sexual orientation in Namibia since 2005 and laws against discrimination in the labor code since 1992.
☆Niger No - - No No See LGBT rights in Niger.
☆Nigeria Yes* 5 - 14 years/Death - No No *Areas under Sharia have instituted death for men and women. Any content, avocating groups or associations, support, talking to, marriage, etc regarding LGBT persons can land you in jail for at least four years [6]. See LGBT rights in Nigeria.
Rwanda No - - No No [7], [8].
São Tomé and Príncipe Yes Labor camps - No No Page 34 of [9].
Senegal Yes 1 month - 5 years - No No -
Seychelles Yes Fine - 2 years - No No -
Sierra Leone Yes Life - Yes* No *The Anti-Corruption Commission stated in a press release that in a bid to attract competent and qualified staff, they operate a transparent recruitment policy, which even forbids discrimination on the basis of sexual orientation.
Somalia Yes* 3 months - 3 years/Death - No No *Areas under Sharia have instituted death for men and women.
☆South Africa No - Same-sex marriage Yes Yes Constitutional protection for sexual orientation in South Africa since 1996 and the first country in Africa to legalise same-sex marriage. See LGBT rights in South Africa
Sudan Yes 5 years - Death - No No -
Swaziland Male only* Fine US$90 - Prison - No No *Pending law, page 9 (Number 12), includes outlawing lesbian sex conduct. [10] and page 37 [11].
☆Tanzania Yes Fine - 25 years - No No In Zanzibar male homosexual acts are punished with up to 25 years imprisonment or fine. Lesbian acts are punished with up 7 years imprisonment or fine. See LGBT rights in Tanzania.
Togo Yes Fine - 3 years - No No -
☆Tunisia Yes Fine - 3 years - No No See LGBT rights in Tunisia.
Uganda Male only Fine - Life - No No The first country in the world to have a constitutional ban on same-sex marriage (since 2004).[1]
Zambia Male only Fine - 14 years - No No -
☆Zimbabwe Male only Fine - 1 year - No No In July the Zimbabwe government passed the "sexual deviancy laws". [12], [13] and LGBT rights in Zimbabwe.

Asia

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
☆Afghanistan ? ? - No ? ? - Unsure if homosexuality is a crime or not since the country is undergoing a period of relative chaos due to the continuing battles between NATO forces and the resurgent Taliban, but the death penalty (imposed under the Taliban) is no longer used. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. [14] and LGBT rights in Afghanistan.
☆Bahrain Male only Fine - 10 years - No No See LGBT rights in Bahrain.
Bangladesh Yes 10 years - Life - No No -
Bhutan Yes* 1 month - 1 year - No No *In 2004, the penal code of Bhutan, page 9 of [15]. However, there are no known cases of anyone having ever been charged with this petty misdemeanor. Little is known about gay life in Bhutan, as Bhutanese culture does not share the typical western view of heterosexuality and homosexuality. Some people have even called it an openly bisexual society, though this is disputed. [16].
Brunei Yes Fine - 10 years - No No -
☆Cambodia No - - No No Former king Norodom Sihanouk has called for legalization of gay marriage. See LGBT rights in Cambodia.
☆China (PRC) No - - No No Marriage laws under-review. See [17] and LGBT rights in China
☆Hong Kong No - - Considered* No *AD under consideration. See LGBT rights in China#Hong Kong.
☆India Yes* Fine - Life/10 years - No No *Law remains on books since 1860, but government does not prosecute, criminalizes "carnal intercourse against the order of nature with any man, woman, or animal". Section 377 is currently facing constitutional challenge at the Delhi High Court in a petition filed by Naz Foundation.[2] Homosexual marriages are de facto banned. See LGBT rights in India.
Indonesia No* - - No No *In 2002, the Aceh province was given the right to instate Islamic sharia by laws by the national parliament. Such law only applies to Muslims, and for example the city of Palembang in South Sumatra has introduced jail time and hefty fines, for homosexual sex [18] and in 2003, a proposal to nationally criminalize homosexuality failed.
☆Iran Yes Prison - Death - No No Sex change operations have been given official government support as means to cure a gender identity disease. Law in Iran, in general, is not formally in order and is often abused by government officials. From many years there aren't certified executions for homosexuality, although some retain teenagers Mahmoud Asgari and Ayaz Marhoni executed for this and not for rape.. See LGBT rights in Iran.
☆Iraq No* - - No No *No provisions of the current Iraqi criminal code deal with homosexuality. The U.S. occupation restored the criminal code back to its original 1969 edition. Before 2003, the criminal code was amended in 2001 to include the death penalty for homosexuality. However currently, death squads are operating in the country killing gays. [19] and LGBT rights in Iraq.
☆Israel No - Recognized same sex marriages performed abroad Yes ? Fairly strong support for giving legal recognition to same-sex couples. Only Middle Eastern nation to support gay rights legislation. The armed forces of Israel allow service without any distinction based on sexual orientation. See LGBT rights in Israel.
☆Japan No, but a higher age of consent in some prefectures - - Yes No AD in Human Rights Act since 2001. See LGBT rights in Japan.
☆Jordan No* - - No No *While not a crime, reports have shown that LGBT people can be victims of vigilante "honor killings". See LGBT rights in Jordan.
☆Kazakhstan No - - No No See LGBT rights in Kazakhstan.
Kuwait Yes Fine - 7 years - No No -
Kyrgyzstan No - - No No -
Laos No - - No No The Penal Code: [20], [21].
☆Lebanon Yes Fine - 1 year - No No A small public campaign exists to legalize homosexual relations between consenting adults in private. See LGBT rights in Lebanon.
Macao No - - No No See LGBT rights in China.
Malaysia Yes Fine - 20 years - No No Former Deputy Prime Minister Anwar Ibrahim, who was himself jailed for homosexuality, has called for their repeal. Marina Mahathir, the daughter of former Prime Minister Mahathir Mohamad, has called for an end to discrimination based on sexual orientation.[22] However, during Mahathir's term as Prime Minister, he warned gay ministers in foreign countries not to bring along their partners while visiting his nation. [23].
Maldives Male only Fine - 10 years - No No -
Mongolia No* - - No No *"Satisfaction of sexual desire in unnatural

manner" in the Penal Code of 2002, and cannot be used for consensual homosexuality in private anymore. [24].

Myanmar/Burma Yes* 10 years - Life - No No *One of the largest democracy activist organizations in exile has voted to decriminalize same-sex relations. See [25].
Nepal Yes Fine (5,000 rupees, approximately US$115.00) - 1 year - No No The Penal Code: [26].
☆North Korea No - - No No No public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See LGBT rights in North Korea.
Oman Yes Fine - 3 years - No No -
☆Pakistan Yes* 2 years - Life - No No *The law applies to both men and women [27] and LGBT rights in Pakistan.
☆Palestinian Authority (Gaza) Male only* ? - 10 years - No No *Male homosexuality is illegal in Gaza, by the Criminal Code Ordinance 1936 still in force. Some are arrested or tortured and LGBT Palestinians often attempt to flee to Israel as they are targeted for death in PA-controlled areas. [28], [29] and LGBT Palestinian issues.
☆Philippines No - Considered* Considered* No *AD in consideration and the Communist Party assist same-sex marriage. Same-sex marriages banned since 2003, yet there is a large support for repeal. See LGBT rights in the Philippines and Homosexuality in the Philippines
Qatar Yes Fine - 5 years - No No -
☆Saudi Arabia Yes Death - No No Jail time, fines or whipping may be used in lieu of the death penalty. See LGBT rights in Saudi Arabia
☆Singapore Yes* 2 years (Section 377A in revised Penal Code) - No No *Law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties [30]. The revised Penal Code reduces to 2 years in "maintained" section 377A. Government officials have made calls to embrace diversity and to legalize anal and oral sex for 'Gross indencency' between men [31]. Former Prime Minister Goh Chok Tong stated that openly gay people can be employed in the civil workforce. See LGBT rights in Singapore.
☆South Korea No - - No No No mention of homosexuality in Constitution or Civil Penal Code, although in practice widespread discrimination against gay people and censorship against gay websites is fairly common. Military Penal Code states up to a maximum of one year servitude or dishonorable discharge for homosexual acts performed while on active duty. See LGBT rights in South Korea.
Sri Lanka Yes Fine - 10 years - No No -
☆Syria Yes Fine - 3 years - No No See LGBT rights in Syria.
☆Taiwan (ROC) No - Considered Yes No Pending law allows civil unions or same-sex marriage. See LGBT rights in Taiwan.
Tajikistan No - - No No -
☆Thailand No - - No No From 2005, Thailand allows LGBT people to serve in the military [32] and LGBT rights in Thailand.
Timor-Leste No - - No No -
Turkmenistan Male only Fine - 2 years - No No -
☆United Arab Emirates Yes Unknown - Death - No No See LGBT rights in United Arab Emirates.
Uzbekistan Male only* Fine* - 3 years* - No No *"Besoqolbozlik" (Only applies to anal sex) [33], page 43 of [34].
Vietnam No - - No No Same-sex marriages banned since 1998. Reports suggest that this ban extends to a prohibition on domestic partnerships and civil unions and/or having any sort of public commitment celebration.
West Bank No - - No No See LGBT rights in Israel.
Yemen Yes Flogging - Death - No No -

Europe

Note: membership of the European Union not only requires repeal of anti-homosexuality legislation, the Treaty of Amsterdam requires anti-discrimination legislation to be enacted by its member states.[3]

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
☆Albania No - - No No See LGBT rights in Albania.
☆Andorra No - Stable unions Yes* Yes *AD since 2005 [35] and LGBT rights in Andorra.
☆Armenia No - - No No See LGBT rights in Armenia.
☆Austria No - Considered Yes No See LGBT rights in Austria.
☆Azerbaijan No - - No ? See LGBT rights in Azerbaijan.
☆Belgium No - Same-sex marriage Yes Yes See LGBT rights in Belgium.
☆Belarus No - - No No Homosexuals can be subjected to discrimination by the people and the government. See LGBT rights in Belarus.
☆Bosnia-Herzegovina No - - Yes No AD in Gender Equality Act since 2003. See LGBT rights in Bosnia and Herzegovina
☆Bulgaria No - - Yes No LGBT rights in Bulgaria.
☆Croatia No - Unregistered cohabitation Yes No See LGBT rights in Croatia.
☆Cyprus No*, age of consent is 17 for all (Except for Woman/Boy sex is 13) age of consent Europe [36] - - Yes No *Also still illegal in Northern Cyprus soon to be repealed by a new Criminal Code. See LGBT rights in Cyprus.
☆Czech Republic No - Registered partnership Yes ? See LGBT rights in the Czech Republic.
☆Denmark No - Registered partnership Yes ? First country to legally recognise same-sex partnerships of any kind in 1989. See LGBT rights in Denmark.
☆Estonia No - - Yes No See LGBT rights in Estonia.
☆Faroe Islands No - Considered Yes* ? *AD from 2006 [37] and LGBT rights in the Faroe Islands.
☆Finland No - Registered partnership Yes No See LGBT rights in Finland.
☆France No - pacte civil de solidarité Yes ? It should be noted that pacte civil de solidarité (French civil unions) is a common choice with all couples. See LGBT rights in France.
☆Georgia No - - Yes No See LGBT rights in Georgia (country).
☆Germany No - Registered partnership Yes No Constitutional protection for sexual orientation in some states of Germany. See LGBT rights in Germany.
Gibraltar No, age of consent 18 just for male-male sex, 16 for others from 1993 - Under review [38] - Considered Yes ? AD since 2004 [39].
☆Greece No, age of consent is 15 for all, but just for male-male sex (For the partner over 18) is 17 - Considered Yes No See LGBT rights in Greece.
Bailiwick of Guernsey - Including Alderney, Herm and Sark No, age of consent 18 for male-male sex, 16 for other acts from 1999 and soon could change [40] [41] [42] - Considered Considered* ? *AD in consideration and a proposed law to legalise civil partnerships passed its first reading in the States of Deliberation in 2006 [43].
☆Hungary No - Unregistered cohabitation Yes No Registered partnership is considered. See LGBT rights in Hungary.
☆Iceland No - Registered partnership Yes Yes See LGBT rights in Iceland.
☆Ireland No - Considered Yes Yes See LGBT rights in the Republic of Ireland.
☆Isle of Man No - Considered Yes No See LGBT rights in the Isle of Man.
☆Italy No - Some regions Yes ? Civil unions are recognized in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo. See LGBT rights in Italy.
Bailiwick of Jersey No - Considered Considered No
Kosovo No - - Yes* No *AD in Kosovo since 2001. See LGBT rights in Serbia.
☆Latvia No - - Yes No Same-sex marriages banned. See LGBT rights in Latvia.
☆Liechtenstein No - Considered Considered ? See LGBT rights in Liechtenstein.
☆Lithuania No - - Yes No See LGBT rights in Lithuania.
☆Luxembourg No - Registered partnerships Yes No See LGBT rights in Luxembourg.
☆Macedonia No - - No No See LGBT rights in Macedonia.
☆Malta No - - Yes ? See LGBT rights in Malta.
☆Moldova No - - Considered ? See LGBT rights in Moldova.
☆Monaco No - No No ? See LGBT rights in Monaco.
☆Montenegro No - - No ? See LGBT rights in Montenegro.
☆Netherlands No - Same-sex marriage and Registered partnerships Yes Yes The first country in the world to legalize same-sex marriage in 2001. See LGBT rights in the Netherlands.
☆Norway No - Registered partnership Yes Step-child adoption only See LGBT rights in Norway.
☆Poland No - Considered* Yes No *Civil unions considered. See LGBT rights in Poland.
☆Portugal No - Registered partnership Yes ? Constitutional protection for sexual orientation in Portugal since 2004. See LGBT rights in Portugal.
☆Romania No - - Yes No See LGBT rights in Romania.
☆Russia No - - No No Proposals (By NPRF) to recriminalize homosexuality failed four times in 2002, 2003, 2004 and 2005. See LGBT rights in Russia.
☆San Marino No - - No ? See LGBT rights in San Marino.
☆Serbia No - - No No See LGBT rights in Serbia.
☆Slovakia No - - Yes No See LGBT rights in Slovakia.
☆Slovenia No - Registered partnership Yes ? See LGBT rights in Slovenia.
☆Spain No - Same-sex marriage Yes Yes Unregistered and Registered Cohabitation in a number of regions. See LGBT rights in Spain.
☆Sweden No - Registered partnership Yes Yes Constitutional protection for sexual orientation in Sweden since 2003 and partnerships have the same rights as heterosexual marriage including adoption, but are legally distinct from marriage. See LGBT rights in Sweden.
☆Switzerland No - Registered partnership No No Constitutional protection for sexual orientation in Switzerland since 2000 based on "way of life". See LGBT rights in Switzerland.
☆Turkey No - - No No See LGBT rights in Turkey.
☆Ukraine No - - No No See LGBT rights in Ukraine.
☆United Kingdom No - Civil partnership Yes Yes* *England and Wales since 2005, Scotland since 2006. See LGBT rights in the United Kingdom.
☆Vatican City No* - - Yes** No *Homosexuality is technically legal, but its manifestation contrary to the teachings of the ruling Roman Catholic Church. See LGBT rights in the Vatican City. **In Catholic doctrine.

North America

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
Anguilla No - No - - Anguilla is a British Overseas Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
Antigua and Barbuda Yes 15 years - No - British laws are not applied to Antigua & Barbuda, and therefore the Sexual Offenses Act 1995 criminalizing homosexual acts, is enforceable.[44].
☆Aruba No - Can not be performed, but is recognized Yes Yes The Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognize civil unions and same-sex marriage as valid. However, Aruba cannot perform SSM's, but has to be recognised by order of the Supreme Court in 2007 [45] LGBT rights in Aruba
☆Bahamas No, same-gender sex "in Public" is a 20 year jail sentence and the age of consent "in private" for homosexual sex is 18, 16 for heterosexual sex [46] - - No - See LGBT rights in the Bahamas.
Barbados Yes Life - No - Laws currently under review - technically still illegal, but not enforced [47].
Belize Yes* 10 years - No - *Homosexuality re-criminalized from 2003. See[48] and also under section 26 ii (d) of the immigration act 1958, "Any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior." is outlawed from incoming to Belize. See[49].
Bermuda No, age of consent 18 just for male-male sex, 16 for others from 1994 [50] - Under review. - Considered Considered* - *AD in consideration [51].
British Virgin Islands No - No Yes; discrimination on grounds of sexuality is prohibited under the 2007 Constitution - British Virgin Islands is a British Overseas Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Canada No, the age of consent (The "age of protection" as it is called in Canada) 18 for anal sex, 14 for all non-anal sex, regardless of sexuality of the participants, from 1988 [52] - Same-sex marriage Yes - Anti-discriminatory laws provided by constitution and Egan v. Canada; in all provincial/territorial civil rights codes since Vriend v. Alberta. Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. See LGBT rights in Canada.
Cayman Islands No - No Yes - Cayman Islands is a British Dependent Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Costa Rica No - Considered Yes* - *Anti-discrimination law since 1998. See [53]; Same-sex marriages and scandalous sodomy is banned. See LGBT rights in Costa Rica
☆Cuba No - - No - See LGBT rights in Cuba.
Dominica Yes 10 years - No - From 1995 to 2000, 35 persons were arrested for the crime of buggery [54].
Dominican Republic No - - No - -
El Salvador No - No No No It is highly discriminated by society being homosexual making uncomfortable for people to come out
Greenland No - Yes Yes - See Civil Union.
Grenada Male only 10 years - No - .
☆Guadeloupe No - Pacte civil de solidarité Yes - Guadeloupe is a Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France.
Guatemala No - - Yes - AD in Youth and Childhood Act since 1997.
☆Haiti No - - No - See LGBT rights in Haiti.
☆Honduras No - - No - Same-sex marriages and adoption banned in the Constitution since 2005. See LGBT rights in Honduras.
☆Jamaica Male only 10 years hard labor - No - Jamaica has been quoted as the worst place in all of the Americas for LGBT people. See LGBT rights in Jamaica.
☆Martinique No - Pacte civil de solidarité. Yes - Martinique is a Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France.
☆Mexico No - Civil unions (Mexico City and Coahuila) Yes* - *Mexican Congress reformed the Constitution in 2001, to forbid discrimination of any kind; in 2003, this change produced the Federal Law to Prevent Discrimination that forbids discrimination by sexual orientation. Civil unions (Mexico City and Coahuila). See LGBT rights in Mexico.
Montserrat No - No - - Montserrat is a British Overseas Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Netherlands Antilles No - Can not be performed, only recognised Yes Yes As part of the Kingdom of the Netherlands, civil unions and same-sex marriage are fully recognized as valid, however, they cannot be performed in the Netherlands Antilles themselves. See LGBT rights in the Netherlands.
☆Nicaragua Yes/No* 1-3 years - No - *Homosexuality re-crimilized from 1992, in Article 204, people who induced, promoted, propagandized or practiced Sodomy in a scandalous way (A loophole in the law for private activity) [55] LGBT rights in Nicaragua.
☆Panama No, "public" homosexuality prohibited with 1 year prison or a fine of US$500 under Decree No. 149 of 1949 [56] [57] - - No - See LGBT rights in Panama.
☆Puerto Rico No (Since 2005) - - Considered* - *Civil unions considered and debated. Puerto Rico is a devoutly Christian island, and homosexuality is not practiced openly. See LGBT rights in Puerto Rico.
Saint Kitts and Nevis Male only 10 years - No - -
Saint Lucia Male only Fine-10 years - No - -
Saint Vincent and the Grenadines Yes Fine-10 years - No - -
☆Trinidad and Tobago Yes* 25 years No No No *Applies to both men and women. Also under Article 8 (18/1) of the Immigration Act, homosexual men and women are not allowed to enter the country. [58] and LGBT rights in Trinidad and Tobago.
Turks and Caicos Islands No - No - - Turks and Caicos Islands is a British Overseas Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆United States No - Civil Unions: Vermont, Connecticut, New Jersey, and New Hampshire (from January 2008). Domestic partnerships: California, Maine, Oregon (from January 2008), Washington, District of Columbia, and Hawaii. Same-sex marriage performed and recignised: in Massachusetts and only recognized in New York and Rode Island. In 20 states* 10 states *13 states cover sexual orientation and gender identity, 7 only cover sexual orientation and 30 do not cover either Human Rights Campaign LGBT rights in the United States.

Oceania

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
American Samoa No - - No No [59].
☆Australia and Norfolk Island No, in Queensland, age of consent for anal sex set at 18, 16 for all non-anal sex, regardless of sexuality of the participants - From 1990 [60] - Registered partnerships: The cities of Melbourne and Sydney, Tasmania and Victoria (from December 2007); Domestic partnerships: Australian Capital Territory, Northern Territory, Queensland, Western Australia, South Australia and New South Wales Yes, all states and territories, but not in Commonwealth legislation. Tasmania (step child), Australian Capital Territory, Victoria (from December 2007) and Western Australia only, but a Commonwealth law bill, considering a ban. 58 Commonwealth laws discriminate same-gender couples by using the term 'member of the opposite sex'. Same-sex marriage, Civil partnerships and civil unions are banned under Commonwealth law from 2004. See Same-sex marriage in Australia and LGBT rights in Australia.
☆Cook Islands Male only* Fine - 14 years No No No *Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
☆Fiji No - - - - See LGBT rights in Fiji.
Guam No - - Yes* Yes LGBT adoption, [61]
Kiribati Male only Fine-14 years - No No -
Marshall Islands No (Since 2004) [62] - - No No
Micronesia No - - - No -
Nauru Male only 14 years hard labor - - No Legislation indexed in written laws of the former criminal code of Queensland (When Nauru became independent from Australia - Queensland in the 1960s).
☆New Caledonia No - - Considered. See Pacte civil de solidarité. Considered See LGBT rights in France.
☆New Zealand No - Civil unions Yes Yes See LGBT rights in New Zealand.
☆Niue Male only* Fine-10 years - No No *Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
Palau Male only Fine-10 years - No No -
Papua New Guinea Male only Fine-14 years - No No -
☆Pitcairn Island No - Yes Yes No Pitcairn Island is under British law. See LGBT rights in the United Kingdom.
Solomon Islands Yes Fine-14 years - No No -
☆Tahiti / French Polynesia No - - No No See LGBT rights in France.
☆Tokelau Male only* Fine-10 years - No No *Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
Tonga Male only - No No - -
Tuvalu Male only Fine-14 years - No No -
Vanuatu No, age of consent is 18 for same-sex activity, while it is 15 for opposite-sex activity [63] - - No No -
Samoa Yes Fine-7 years [64] - No No [65].

South America

Country Laws against homosexuality Penalty Same-sex Unions Laws against discrimination Adoption Comments
☆Argentina No - Civil unions in Buenos Aires City and Rio Negro Province. Yes No There are no national anti-discriminatory laws, however, the cities of Buenos Aires and Rosario have specific laws protecting against gay discrimination. Debating Same sex marriage. See LGBT rights in Argentina.
Bolivia No - - No No -
☆Brazil No - Civil unions in Rio Grande do Sul. Yes* Yes[4] *Constitutional protection for sexual orientation in some states of Brazil. See LGBT rights in Brazil.
☆Chile No, age of consent 18 for same-sex sexual activity, 14 for opposite-sex sexual activity. - Considered Considered* No *AD in consideration. See LGBT rights in Chile.
☆Colombia No - Civil unions Considered No See LGBT rights in Colombia.
☆Ecuador No - No Yes No See LGBT rights in Ecuador.
☆Falkland Islands No - Civil partnership Yes Yes Falkland Islands comes under British law. See LGBT rights in the United Kingdom.
☆French Guiana No - Yes Pacte civil de solidarité. Yes No French Law applies. See LGBT rights in France.
☆Guyana Male only Life (The only country in South America to be still illegal) - Considered* No *Sexual Orientation protection was about to be amended into the constitution of Guyana, then the council of churches stopped this from happening in 2003 [66].
Paraguay No - No No No
Peru No - - Yes No -
☆Suriname No, age of consent 18 for same-sex activity, 16 for opposite-sex activity - Section 302 is rarely enforced [67] - No No No See LGBT rights in Suriname.
☆Uruguay No - Civil Union Yes No *Pending law allows for Civil union [68], [69] and LGBT rights in Uruguay.
☆Venezuela No - No Yes No The 1999 Organic labor Law provides protection for LGBT people. See LGBT rights in Venezuela.

See also

References

  1. ^ Integrity USA reports Dr Nsaba Buturo, the Ugandan minister of Ethics and Integrity as stating in the 2006 case of Victor Mukasa (a 31-year-old gay rights activist) and Yvonne Ooyo that the plaintiffs "suffered under the false notion that homosexuality can be a human rights issue" [1]
  2. ^ Homosexuality in India
  3. ^ http://eur-lex.europa.eu/en/treaties/dat/12002M/pdf/12002M_EN.pdf
  4. ^ Pela 1ª vez, Justiça autoriza casal gay a adotar criança no Brasil (in Portuguese)

Template:Lists by country

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