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LGBTQ rights in Montenegro

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LGBTQ rights in Montenegro
Location of LGBTQ rights in Montenegro (Green)

in Europe (Dark Grey)  –  [Legend]

StatusLegal since 1977,
age of consent equalized in 1977
Gender identity-
MilitaryGays and lesbians allowed to serve
Discrimination protectionsSexual orientation and gender identity (see below)
Family rights
Recognition of relationshipsNo recognition of same-sex relationships; same-sex marriage banned by the constitution
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in Montenegro may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

Issues

Legality of homosexuality

Montenegro decriminalised same-sex sexual activity in 1977. The age of consent (14) was also equalised in 1977.

Recognition of same-sex relationships

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

There is no legal recognition of same-sex couples. The Constitution of Montenegro bans same-sex marriage.[1]

On 13 November 2012, the Deputy Prime Minister Dusko Markovic stated that the government will prepare a bill giving some form of legal recognition for same-sex couples.[2]

On 27 July 2010, the Montenegrin Parliament passed a non-discrimination law that includes sexual orientation and gender identity as prohibited grounds of discrimination. This was one of the requirements the country had to meet for European Union membership.[3] Gays and lesbians are not banned from military service.

Social conditions

Gays and lesbians may face discrimination and harassment in Montenegro. Anti-gay attitudes are deeply ingrained.

Gay culture

The gay scene is very small. The First Gay Pride event in Montenegro was held on 24 July 2013 in the coastal town of Budva, and it has caused various reactions in public.[4] On 20 October 2013, a Pride event took place in the capital city of Podgorica, where violent anti-gay protesters were arrested by police.[5]

Summary table

Same-sex sexual activity legal Yes (Since 1977)
Equal Age of Consent Yes (Since 1977)
Anti-discrimination laws in employment Yes (Since 2010)
Anti-discrimination laws in the provision of goods and services Yes (Since 2010)
Anti-discrimination laws in all other areas Yes (Since 2010)
Same-sex Marriages No (Constitutional ban since 2007)
Recognition of same-sex unions No
Adoption by same-sex couples No
Gays allowed to serve in the military Yes
Right to change legal gender Yes Requires sterilization for change
Access to IVF for lesbians No
Commercial surrogacy for gays No
MSMs allowed to donate blood No

See also

References

  1. ^ Constitution of Montenegro
  2. ^ Montenegro promises gay pride and some marriage rights
  3. ^ Montenegro fulfils EU membership requirement and protects LGBT people from discrimination 28 July 2010.
  4. ^ "Budva: Građani ne odobravaju paradu ponosa u svom gradu". Pobjeda.me. 23 July 2013. Retrieved 11 April 2014.
  5. ^ "Montenegro's gay pride march sparks violence". Al Jazeera. 20 October 2013.