LGBT rights in San Marino

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LGBT rights in San Marino
Location San Marino Europe.png
Location of  LGBT rights in San Marino  (green)

in Europe  (dark grey)  –  [Legend]

Same-sex sexual activity legal? Legal since 1864
Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004
Discrimination protections No
Family rights
Recognition of
relationships
Unregistered cohabitation since 2012
1 Entitlement - Immigration for partners only
Adoption No[1]

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

Legality of same-sex sexual activity[edit]

In September 2004, Article 274 of the San Marinese Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they had been engaged in "habitually" and thereby caused "public scandal".

The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained Article 274. There are no reports that Article 274 was ever applied.[2] It was the only special provision on homosexuality in the San Marinese Penal Code.

The age of consent is equally set at 14 (Art. 173 CP; the same as in Italy). Additionally (unlike in Italy) it is an offence to "incite a minor under 18 years to sexual corruption" (Art. 177 CC).

Recognition of same-sex relationships[edit]

There is no legal recognition of same-sex couples.

On 17 June 2012, Parliament passed a bill to allow foreign persons in same-sex relationships with San Marino citizens to stay in the country. The bill stops short of giving any rights to these couples (apart from immigration) but was regardless hailed as a historic step forward. Michele Pazzini, secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.[3]

In April 2014, a Sammarinese man married in London filed a petition to start a debate on recognition of foreign same-sex marriages in San Marino.[4] On 19 September 2014, Parliament debated and rejected the proposed changes on a vote of 35–15.[5] On 8 April 2015, the same man attempted to register his marriage in the country.[6]

In March 2016, three parties announced their own proposals to create a new gender-neutral partnership law that will expand the rights of all unmarried cohabiting couples. The main coalition party ruled out adoption rights for same-sex couples while an opposition party included them in their draft. The center-left coalition partner has said that it is open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[7]

Discrimination protections and hate crime laws[edit]

There are no laws protecting LGBT people from discrimination in San Marino. Sexual orientation and gender identity aren't included as grounds in the country's non-discrimination law.[1]

Hate crimes and hate speeches on the basis of sexual orientation, but not gender identity, are banned in the country since 3 May 2008.[1][8]

Blood donation[edit]

Gay and bisexual men are allowed to donate blood in San Marino.[9][10]

Living conditions[edit]

LGBT people in San Marino go unnoticed. There have never been public debates or conventions concerning LGBT rights by political figures or by the media. Additionally, there are no reports of violence and hate crimes directed at the LGBT community.[10]

Nevertheless, when LGBT groups in San Marino asked the Government to recognize 17 May as the International Day Against Homophobia, Transphobia and Biphobia, the Government rejected the proposition.[10]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 1864)
Equal age of consent Yes
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2008)
Hate crime laws include sexual orientation Yes (Since 2008)
Same-sex marriages No
Recognition of same-sex couples (e.g. civil unions) Yes (1 Entitlement - Immigration for partners only; civil unions proposed)
Stepchild adoption by same-sex couples No (Proposed)
Joint adoption by same-sex couples No (Proposed)
LGBT people allowed to serve openly in the military Emblem-question.svg
Right to change legal gender X mark.svg
Commercial surrogacy for gay male couples No
Access to IVF for lesbians No
MSMs allowed to donate blood Yes

See also[edit]

References[edit]

  1. ^ a b c Rainbow Europe: San Marino
  2. ^ LAW REFORM IN SAN MARINO
  3. ^ San Marino axes medieval law to let gay couples live together
  4. ^ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014. 
  5. ^ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014. 
  6. ^ Chiesta a San Marino la prima trascrizione di matrimonio gay
  7. ^ (Italian) San Marino. Unioni civili, presto sul tavolo tre bozze di legge
  8. ^ (Italian) Promulghiamo e mandiamo a pubblicare la seguente legge ordinaria approvata dal Consiglio Grande e Generale nella seduta del 23 aprile 2008
  9. ^ "Associazione Sammarinesi Volontari del Sangue e degli Organi Informazioni al donatore" (in Italian). Retrieved 2016-02-07. 
  10. ^ a b c Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: San Marino