LGBT rights in the Dominican Republic

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LGBT rights in the Dominican Republic
Dominican Republic
Dominican Republic
Same-sex sexual activity legal? Legal
Gender identity/expression -
Recognition of
Constitution with amendment banning all forms of same-sex unions pending
Adoption -
Military service Gays and lesbians not allowed to serve openly[citation needed]
Discrimination protections None

Both male and female homosexual activity is legal[1] in the Dominican Republic. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

The age of consent—regardless of sexual orientation—is 18.[2]

There is discrimination against LGBT Dominicans.[1] One factor in this is the conservative religious climate.[1] Although homosexuality is not generally accepted, hate crimes are rare as they are prosecutable under Dominican law.[citation needed]

In the summer of 2006, several gay clubs and bars in the capital Santo Domingo were shut down.[3] However, the case came before a local judge who ruled that the closings constituted unlawful discrimination.[citation needed]

Recognition of same-sex couples

A statement added to a proposed constitutional reform was approved by Congress on June 11, 2009, which defined marriage as between "a man and a woman;" effectively barring the legal recognition of same-sex marriage. The statement reportedly also prohibits the establishment of any other form of same-sex union.[4]

The amendment is set to be ratified on September 17, should it be once again approved by the National Assembly. The text, which would become Article 44 of the constitution, reads as follows:

1) A marriage between a man and a woman is the legal basis for family. The law governing the right to marriage and its effects.
2) The stable union between a man and a woman free of impediment marriage, forming a de facto household generates rights and a community property, in accordance with law.

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