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 status Legal since 1864
Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004
Discrimination protections Yes, protections for sexual orientation and gender identity
Family rights
Recognition of
Unregistered cohabitation since 2012
(only for immigration purposes)
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.

Discrimination based on sexual orientation and gender identity is banned in San Marino.

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In September 2004, Article 274 of the San Marinese Penal Code was repealed by Law No. 121 of 23 September 2004.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, however, 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 the 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 would 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]

In December 2017, after winning the November 2016 election, the center-left Government (consisting of United Left, Future Republic and Civic 10) committed itself to approving a civil union law.[8]

Discrimination protections and hate crime laws[edit]

LGBT flag map of San Marino

On 28 April 2008, the Sammarinese Parliament approved amendments to the Penal Code, outlawing discrimination, hate crimes and hate speeches on the basis of sexual orientation.[9][10] The law took effect on 3 May 2008.[1][11]

According to the 2015 U.S. State Department's "Human Rights Report", San Marino law prohibits discrimination on the basis of race, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or presence of other communicable diseases. The Government enforces these prohibitions.[12]

Blood donation[edit]

Gay and bisexual men are allowed to donate blood in San Marino.[13][14]

Living conditions[edit]

LGBT people in San Marino go unnoticed. As of 2010, there had 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.[14] 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.[14]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 1864)
Equal age of consent Yes
Anti-discrimination laws in employment only Yes (Since 2008)
Anti-discrimination laws in the provision of goods and services Yes (Since 2008)
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
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]