LGBT rights by country or territory
From Susan's Place Transgender Resources
Lesbian, gay, bisexual, and transgender (LGBT) related laws vary greatly by country or territory – everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex sexual activity or identity.
LGBT-related laws include but are not limited to: government recognition of same-sex relationships, LGBT adoption, sexual orientation and military service, immigration equality, anti-discrimination laws, hate crime laws regarding violence against LGBT people, sodomy laws, anti-lesbianism laws, and higher ages of consent for same-sex activity.
Contents
Throughout history and across cultures, the regulation of sexuality reflects broader cultural norms. Norms change in response to economic, social or political changes, including interactions with other societies.
Most of the history of sexuality is unrecorded. Even recorded norms do not always shed full light on actual practices, as it is sometimes the case that historical accounts are written by foreigners with cryptic political agendas.
In ancient Rome, prior to its Christianization, men of status were free to have sexual intercourse, heterosexual or homosexual, with anyone of a lower social status, provided that they remained dominant during such interaction. During the reign of Caligula, prostitution was legalized and taxed, and homosexual prostitution was seen openly in conjunction with heterosexual prostitution. The Warren Cup is a rare example of a Roman artifact that depicts homosexuality that was not destroyed by Christian authorities, although it was suppressed. A fresco from the public baths of the once buried city of Pompeii depicts a homosexual and bisexual sex act involving two adult men and one adult woman. The Etruscan civilization left behind the Tomb of the Diver, which depicts homosexual men in the afterlife. It is thought that the diver is the man who died, for whom the tomb was constructed.
Roman historical accounts describe the ancient Gauls of what is now France as being fierce in battle due to their encouragement of homosexual relationships. The historian said three men would share a bed, and not just for warmth. Homosexuality was likewise part of numerous militaries throughout the ancient and pre-modern world, to a significant degree.[1]
In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The Samurai period was one in which homosexuality was seen as particularly positive. In Japan, the younger partner in a pederastic relationship was expected to make the first move; the opposite was true in ancient Greece. Homosexuality was later briefly criminalized due to Westernization.[2] In contemporary Japan, although this is changing, homosexuality is usually conflated with transgenderism and there is an emphasis on remaining in the closet and not seeing homosexuality as an orientation instead of simply as behavior.
The berdache two-spirit class in some Native American tribes are examples of ways in which some cultures integrated homosexuals into their society by viewing them, not with the homosexual and heterosexual dichotomy of most of the modern world, but as twin beings, possessing aspects of both sexes. In some other animist cultures of the past, the belief that homosexuals possess duality was seen as giving them a special connection to the spiritual realm and they often became shamans or medicine men.
Some people believe that the origin of punitive laws targeting homosexual relations lies with Abrahamic religions. The first recorded Abrahamic 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 to be much older), and prescribe the death penalty. It is unclear how rigorously that prohibition was enforced, debated concerning the narrowness of the proscription, and it should not be assumed that patterns of enforcement remained constant.
Similar prohibitions are found across Indo-European cultures in Lex Scantinia in Ancient Rome and NÃð in protohistoric Germanic culture, or the Middle Assyrian Law Codes dating 1075 BC.[3] Punitive laws spread as military conquest, colonialism, and missionary work spread the influence of certain interpretations of Judaism, Christianity, and Islam.
Laws prohibiting homosexuality were also passed in communist China. (The People's Republic of China neither adopted an Abrahamic religion nor was colonized, except for Hong Kong and Macau which were colonized with Victorian era social mores and maintain separate legal system from the rest of the PRC.) Homosexuality was not decriminalized there until 1997.[4]
In modern times seven countries have no official heterosexist discrimination. They are Belgium, Canada, Netherlands, Norway, Sweden, South Africa, and Spain. This full non-discrimination includes the rights of marriage and adoption. LGBT people in the USA face different laws for certain medical procedures than other groups. For example, gay men have been prohibited from giving blood since 1983,[5][6] and George W. Bush's FDA guidelines barred them from being sperm donors as of 2005, even though all donated sperm is screened for sexually-transmitted diseases and even the most promiscuous heterosexual men are not barred from donating.[7]
Africa
Main article: LGBT rights in Africa
Northern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Algeria | ✘ Illegal (Penalty: Fine - up to 2 years prison) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Egypt | ✘ Not specifically outlawed, but public morals laws are used against LGBT people according to AmnestyUSA , Prison up to 3 years | ✘ | ✘ | ✘ | ✘ | ✘ | Unknown |
| Libya | ✘ Illegal (Penalty: Fine - up to 5 years prison). | Unknown | ✘ | Unknown | Unknown | allowed | allowed |
| Morocco (incl. Western Sahara) | ✘ Illegal (Penalty: 6 months to 3 years) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Sudan | ✘ Illegal (Penalty: 5 years up to death penalty.) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Tunisia | ✘ Illegal (Penalty: Fine - 3 years) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
Western Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Benin | ✔ Legal[8] | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Burkina Faso | ✘ Not specifically outlawed, but other laws apply.[9] | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Cape Verde | ✔ Legal since 2004 + UN decl. sign. |
✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Côte d'Ivoire | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Gambia | ✘ Illegal (Penalty: up to 14 years[10]) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Ghana | ✘ Male illegal Female unclear |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Guinea | ✘ Illegal (Penalty: 6 months to 3 years prison) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Guinea-Bissau | ✔ Legal + UN decl. sign. |
✘ | ✘ | Unknown | Unknown | Unknown | Unknown |
| Liberia | ✘ Illegal (Penalty: Fine) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Mali | Not specifically prohibited, but public morals laws have been used against LGBT persons | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Mauritania | ✘ Illegal (Penalty: Death penalty) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Niger | Not specifically prohibited, but public morals laws may be used | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Nigeria | ✘ Male illegal ✘ Female illegal in areas under Sharia (Penalties in Sharia areas: Up to death for men, and up to 50 lashes (caning) and six months for women.) ✔ Female legal in areas not under Sharia. |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Senegal | ✘ Illegal (Penalty: 1 month to 5 years prison) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Sierra Leone | ✘ Male illegal Female needs verification |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Togo | ✘ Illegal | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
Middle Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Angola | ✘ Not specifically outlawed, other laws may apply[11] (Penalty: Labour camps for habitual offenders.[12]) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Cameroon | ✘ Illegal (Penalty: Fine to 5 years prison) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Central African Republic | ✔ Legal + UN decl. sign. |
✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Chad | ✔ Legal since 1967 | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Democratic Republic of the Congo (formerly Zaire) | ✔ Legal | ✘ | ✘ Constitutional ban since 2005 | Unknown | Unknown | ✘ | Unknown |
| Equatorial Guinea | ✔ Legal [13] | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Gabon | ✔ Legal + UN decl. sign. |
✘ | ✘ | Unknown | Unknown | Unknown | Unknown |
| Republic of the Congo | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| São Tomé and PrÃncipe | ✘ Illegal + UN decl. sign. | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
Eastern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Burundi | ✘ Illegal since 2009 (Penalty: 3 months to 2 years imprisonment and fine of 50,000 to 100,000 Burundian francs[14]) |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Comoros | ✘ Acts "against nature" outlawed | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Djibouti | ✘ Illegal (Penalty: 10-12 years) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Eritrea | ✘ Illegal (Penalty: 3-10 years) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Ethiopia | ✘ Illegal (Penalty: up to 5 years[15]) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Kenya | ✘ Male illegal (Penalty: up to 14 years) ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Madagascar | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Malawi | ✘ Illegal | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Mauritius | ✘ Illegal (Penalty: 5 years) + UN decl. sign. (national debate over repeal of the law) | Unknown | ✘ | Unknown | Unknown | ✔ Bans some anti-gay discrimination[16] | Unknown |
| Mozambique | Not specifically outlawed, other laws may apply (no record of enforcement)[17][18] | ✘ | ✘ | Unknown | Unknown | ✔ Bans some anti-gay discrimination[19] | Unknown |
| Réunion (Overseas department of France) | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 |
✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | Unknown |
| Rwanda | ✔ Legal [20][21] | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Seychelles | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Somalia | ✘ Illegal (Penalty: Death) | Unknown | ✘ | Unknown | Unknown | Unknown | |
| Uganda | ✘ All homosexual acts illegal (Penalty: Fine up to life sentence, Death penalty under consideration) | ✘ | ✘ Constitutional ban since 2005 | ✘ | ✘ | ✘ | ✘ |
| Tanzania | ✘ Male illegal (Penalty: Life Imprisonment) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Zambia | ✘ Male illegal (Penalty: fine to 15 years) ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Zimbabwe | ✘ Male illegal (Penalty: up to 10 years[22]) ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
Southern Africa
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Botswana | ✘ Illegal (Penalty: Fine - years) | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Lesotho | ✘ Illegal [23] | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Namibia | ✘ Illegal (not enforced)[24] | Unknown | ✘ | Unknown | Unknown | ✘ Anti-gay discrimination clause ineffective after adoption of new Labor Act | Unknown |
| South Africa | ✔ Legal since 1994 | ✔ Legal since 1996 | ✔ Legal since 2006 | ✔ Legal since 2002 | ✔ | ✔ Bans all anti-gay discrimination | Unknown |
| Swaziland | ✘ Male illegal (Penalty: US$90 fine - prison.) ✔ Female legal[25] |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
The Americas
Main article: LGBT rights in the Americas
Tables: Template:Navbar
North America
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Bermuda | ✔ Legal since 1994 (Age of consent discrepancy, see article) | ✘ | ✘ | Unknown | ✔ (due to policy of conscription) | ✘ | ✘ |
| Canada | ✔ Legal since 1969 (Disputed age of consent discrepancy, see article) + UN decl. sign. |
✔ | ✔ Legal since 2003, nationwide since 2005 | ✔ [26][27] | ✔ Since 1992[23] | ✔Bans all anti-gay discrimination, including hate speech | ✔Sex changes legally recognised; Explicit anti-discrimination protections only in NWT, implicit elsewhere;[28] |
| Mexico | ✔ Legal since 1871 + UN decl. sign. |
✘ / ✔ Legal since 2007 in Mexico City and Coahuila | ✘ / ✔ Legal since 2009 in Mexico City.[29] | ✘ / ✔ Legal since 2009 in Mexico City. Nationwide, single gay persons may adopt.[29] | ✘ | ✔ Since 1999, nationwide since 2003.[30] | ✘ / ✔ In Mexico City only.[31] |
| Saint Pierre et Miquelon (overseas collectivity of France) | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 | ✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | ✘ |
| United States | ✔ Legal since 1962, nationwide since 2003 + UN decl. sign. |
✘ / ✔ Varies by state | ✘ / ✔ Legal since 2004, marriage in 5 states | ✘ / ✔ Single gay persons may adopt, laws on couples vary by state | ✘ "Don't ask, don't tell" policy | 20 states, [32] sexual orientation included in federal hate crime definition[33] | 13 states ban discrimination by gender identity,[34] included in federal hate crime definition[35] |
Central America
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Belize | ✘ Male: Illegal since 2003 (Penalty: 10 year prison sentence) ✔ Female: Legal | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Costa Rica | ✔ Legal since 1971 | ✘ (There is a project in the Congress) | ✘ | Unknown (Has happened in some cases) | Doesn't apply. There are no military forces in Costa Rica, nonetheless they may serve in the police | ✔ Bans some anti-gay discrimination | |
| El Salvador | ✔ Legal | ✘ | ✘ | Unknown | ✔ Yes | ✔ Bans some anti-gay discrimination | ✘ |
| Guatemala | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✔ Anti-discrimination in Youth and Childhood Act since 1997. | |
| Honduras | ✔ Legal | ✘ | ✘ Constitutional ban | ✘ Constitutional ban | ✘ | ✘ | |
| Nicaragua | ✔ Legal since 2008 + UN decl. sign. |
✘ | ✘ | - | - | ✔ Bans some anti-gay discrimination[36] | |
| Panama | ✔ Legal since 2008 | ✘ | ✘ | Unknown | ✘ | ✘ |
Caribbean islands
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex unions | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Anguilla (Overseas territory of the United Kingdom) | ✔ Legal since 2000 | ✘ | ✘ | Unknown | ✔ | Unknown | Unknown |
| Antigua and Barbuda | ✘ Illegal (Penalty: 15 year prison sentence) | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Aruba (Autonomous country in the Kingdom of the Netherlands) | ✔ Legal | ✘ Only unions made in The Netherlands recognised | ✘ Only same-sex marriages made in The Netherlands recognised | Unknown | ✔ | Unknown | Unknown |
| Bahamas | ✔ Legal since 1991 (Age of consent discrepancy) | ✘ | ✘ | Unknown | ✔ | ✘ | ✘ |
| Barbados | ✘ Illegal (Penalty: life sentence) | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| British Virgin Islands | ✔ Legal since 2000 | ✘ | ✘ | Unknown | ✔ | ✔ Bans some anti-gay discrimination | ✘ |
| Cayman Islands | ✔ Legal since 2000 | ✘ | ✘ | Unknown | ✔ | Unknown | ✘ |
| Cuba | ✔ Legal since 1979 + UN decl. sign. |
✘ | ✘ | Unknown | ✘ | Unknown | ✘ |
| Dominica | ✘ Illegal (Penalty: 10 year prison sentence) | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Dominican Republic | ✔ | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Grenada | ✘ Male illegal (Penalty: 10 year prison sentence) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Guadeloupe (Overseas department of France) | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 |
✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Haiti | ✔ Legal | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Jamaica | ✘ Illegal (Penalty: 10 years hard labor) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Martinique (Overseas department of France) | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 |
✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Montserrat | ✔ Legal since 2000 | ✘ | ✘ | Unknown | ✔ | Unknown | |
| Netherlands Antilles | ✔ Legal | ✘ Only unions made in The Netherlands recognised | ✘ Only same-sex marriages made in The Netherlands recognised | Unknown | ✔ | Unknown | |
| Puerto Rico (Commonwealth of the United States) | ✔ Legal since 2005 | ✘ | ✘ | ✘ Single gay persons may adopt | ✘ US military has a "don't ask, don't tell" policy | ✘ | |
| Saint Kitts and Nevis | ✘ Male illegal (Penalty: 10 years) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Saint Lucia | ✘ Male illegal (Penalty: fine and/or 10 year prison sentence) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Saint Vincent and the Grenadines | ✘ Illegal (Penalty: fine and/or 10 year prison sentence) | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Trinidad and Tobago | ✘ Illegal (Penalty: 25 year prison sentence) | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Turks and Caicos Islands | ✔ Legal since 2000 | ✘ | ✘ | Unknown | ✔ | Unknown | |
| United States Virgin Islands (Insular area of the United States) | ✔ Legal | Unknown | ✘ | Unknown | ✘ US military has a "don't ask, don't tell" policy | - | - |
South America
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Argentina | ✔ Legal + UN decl. sign. |
✔ Unregistered cohabitation in all country, Civil unions in Buenos Aires, Villa Carlos Paz, and Rio Negro province | ✘ Under consideration | ✘ | ✔ Since 2009 | No national protections, but cities of Buenos Aires and Rosario have had laws since 1996. | Unknown |
| Bolivia | ✔ Legal since + UN decl. sign. |
✘ | ✘ Constitutionally banned in 2007 | ✘ | Unknown | ✔ Bans some anti-gay discrimination | Bans all discrimination based on gender identity[37] |
| Brazil | ✔ Legal since 1830 + UN decl. sign. |
✔ Unregistered cohabitation throughout the country | ✘Decision pending in the Supreme Court[38] | ✔[39] | ✔[40][41] | ✔/✘Legal protection for sexual orientation in some states | ✔/✘Despite a lack of specific legislation, recent jurisprudence has been in favor of gender-motivated identity change.[42][43] |
| Chile | ✔ Legal since 1998 (Age of consent discrepancy) + UN decl. sign. |
✘ | ✘ | ✘ | Unknown | Unknown | |
| Colombia | ✔ Legal since 1981 + UN decl. sign. |
✔ Legal since 2007 | ✘ | ✘ single gay person may adopt | ✔ since 1999. Since 2009: the military special social security system can be used by same sex couples in the army | ✔ | ✔[44] Since 1993. The name's gender can be changed easily in the National ID Card, to change the sex field a surgery is required. |
| Ecuador | ✔ Legal since 1997 + UN decl. sign. |
✔[45] Civil unions recognized since 2009 | ✘ Constitutional ban | ✘ | Unknown | ✔ Bans some anti-gay discrimination | Unknown |
| French Guiana | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 | ✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | Unknown |
| Guyana | ✘ Male illegal (Penalty: life imprisonment) ✔ Female legal. |
Unknown | Unknown | Unknown | Unknown | ✘ Added to constitution in 2004, but withdrawn afterwards by the government. | Unknown |
| Paraguay | ✔ Legal (Age of consent discrepancy) + UN decl. sign. |
✘ Constitutional ban since 1992[46] | ✘ Constitutional ban since 1992[47] | Unknown | Unknown | Unknown | Unknown |
| Peru | ✔ Legal | ✘ | ✘ | Unknown | ✘ | Bans some anti-gay discrimination | Unknown |
| Suriname | ✔ Legal (Age of consent discrepancy) | ✘ | ✘ | Unknown | Unknown | Unknown | Unknown |
| Uruguay | ✔ Legal since 1934 + UN decl. sign. |
✔ Civil unions since 2008[48],[49] | ✘ (but proposed) | ✔ Since 2009 | ✔ Since 2009 | ✔ Bans some anti-gay discrimination since 2004 | ✔Since December 2008, transgender people can change their legal gender, from the age of 12 onwards.[50] |
| Venezuela | ✔ Legal + UN decl. sign. |
✘ Civil union bill passed first reading, becomes law if passes second | ✘ | ✘ | ✘ | ✘ Ban revoked from 1999 constitution at last minute; under consideration (passed first reading) | ✘ Under consideration (passed first reading) |
Disputed territories
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Falkland Islands (overseas territory of the U.K., claimed by Argentina) | ✔ Legal | ✔ Legal since 2005</small> | ✘ | ✔ | ✔ | ✔ Bans some anti-gay discrimination | Unknown |
Asia
Main article: LGBT rights in Asia
Central Asia
| LGBT rights in: | Homosexual acts legal? | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Kazakhstan | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Kyrgyzstan | ✔ Legal | ✘ | ✘ | Unknown | Unknown | Unknown | Unknown |
| Tajikistan | ✔ Legal | ✘ | ✘ | Unknown | Unknown | Unknown | Unknown |
| Turkmenistan | ✘ Male illegal (Penalties: fine, up to 2 year prison sentence) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Uzbekistan | ✘ Male illegal (anal sex only) (Penalties: fine, up to 3 year prison sentence)</small> ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
Western Asia
| LGBT rights in: | Homosexual acts legal? | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Bahrain | ✘ Illegal | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Cyprus | ✔ Legal since 1998 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Iraq | ✔ Legal since 2003 | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Israel | ✔ Legal since 1963 de facto (judicial decision against the enforcement of the relevant section in the old British-mandate law from 1936 [which in fact was never enforced]) 1988 de jure ("buggery law" formally repealed by Knesset)[51] + UN decl. sign. |
✔ Unregistered cohabition Legal | ✘ Foreign same-sex marriages recognised | ✔ [52][53] | ✔ | ✔ Bans some anti-gay discrimination | ✔ |
| Jordan | ✔ Legal since 1951 |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Kuwait | ✘ Illegal (Penalty: fines, men under 21 face prison sentences up to 10 years, men over 21 face prison sentences up to 7 years) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Lebanon | ✘ Illegal (Penalty: fines, up to 1 year in prison). There's a growing public campaign to legalise homosexual relations.[54] A small public growing campaign exists to legalize homosexual relations between consenting adults in private, though it is often viewed unfavorably. --> |
✘ Not by the government, however there are some LGBT support groups that offer great favours and acceptance. | ✘ | ✘ | ✘ | ✘ | ✘ |
| Oman | ✘ Illegal (Penalty: fines, prison sentence up to 3 years; however, only enforced when dealing with "public scandal") | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Palestinian territories (Gaza) | ✘ Male illegal (Penalty: up to 10 year prison sentence) ✔ Female legal |
Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
| Palestinian territories (West Bank) | ✔ Legal since 1951[8] | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Qatar | ✘ Illegal (Penalty: fines, prison sentence up to 5 years) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Saudi Arabia | ✘ Illegal (Penalty: death or prison/fines/whipping) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Syria | ✘ Illegal (Penalty: prison sentence up to 3 years; law de facto suspended) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| United Arab Emirates | ✘ Illegal (Penalty: deportation, fines, prison time or death sentence) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Yemen | ✘ Illegal (Penalty: flogging or death) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
South Asia
| LGBT rights in: | Homosexual acts legal? | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Afghanistan | ✘ Illegal | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Bangladesh | ✘ Illegal | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Bhutan | ✘ Illegal (Penalty: prison sentence up to 1 year; no cases of penalty actually enforced) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| India | ✔ Ban on homosexual sex ruled unconstitutional by Delhi High Court on 2 July 2009 and the law read down. Government to decide on future course of action, if any.[55] | ✘ | ✘ Not specifically banned | Unknown | ✘ [56] | ✘Not in law ✔Delhi HC has ruled "We hold that sexual orientation is a ground analogous to sex and that discrimination on the basis of sexual orientation is not permitted by Article 15." [57] Pg85 point 104 | Unknown |
| Iran | ✘ Illegal (Penalty: Death) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Maldives | ✘ Illegal | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Nepal | ✔ Legal since 2007[58] + UN decl. sign. | ✘ | ✘ Ordered by Supreme Court; government expected to include gender-neutral marriage laws in the drafting of the upcoming constitution. [24] | Under consideration | ✔ | ✔ Supreme Court ruled discrimination laws apply to homosexuals | ✔ "Third gender" cards have been issued since September 2007, legally protected class[59] |
| Pakistan | ✘ Illegal (Penalty: 2 years to life sentence) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Sri Lanka | ✘ Sodomy may be illegal - British-enacted law, never implemented | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
East Asia
| LGBT rights in: | Homosexual acts legal? | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| China | ✔ Legal since 1997 | ✘ | ✘ | Unknown | Unknown; the military hasn't specialized the male-male sex acts from homosexuality | ✘ | ✘ |
| Japan | ✔ Legal + UN decl. sign. |
✘ | ✘ | Unknown | ✔[60] | ✘/✔ No federal protections, but some cities ban all anti-gay discrimination[61] | ✔ Transexuals allowed to change legal gender |
| Mongolia | ✔ Legal since 2002 | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| North Korea | ✘ Not considered to be in accordance with the dictator's ideals. Prison camps for dissidents | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ Heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle |
| South Korea | ✔ Legal | ✘ | ✘ | ✘ | ✘ | ✘ | Unknown |
| Taiwan | ✔ Legal | ✘ | ✘ Pending law allows civil unions or same-sex marriage. | Unknown | ✔ Due to military draft | ✔ Bans some anti-gay discrimination (in work and education) | Unknown |
Southeast Asia
| LGBT rights in: | Homosexual acts legal? | Recognition of relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (Sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Brunei | ✘ Illegal (Penalty: fine or prison sentence up to 10 years) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Cambodia | ✔ Legal | ✘ | ✘ Techinically prohibited, though there has been at least one recorded case of a legally registered and recognized same-sex marriage | ✔ | Unknown | Unknown | Unknown |
| East Timor | ✔ Legal + UN decl. sign. |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Indonesia | ✔ Legal except for Muslims in Aceh Province | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Laos | ✔ Legal | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
| Malaysia | ✘ Illegal (Penalty: fines, prison sentence (2-20 years), or whippings) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Myanmar | ✘ Illegal (Penalties: 10 years to life sentence) | ✘ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Philippines | ✔ Legal.[62][63] | ✘[63] | ✘[63] | ✔ [64] | ✔ Since 2009. Was previously banned. | ✘ Bill pending but still not made into law | Unknown |
| Singapore | ✘ Male illegal (Penalty: up to 2 years prison sentence; no plan to repeal 377A and not enforced since 1999)
✔ Female legal |
✘ | ✘ | ✘ | ✘ | Unknown | ✘ |
| Thailand | ✔ Legal since 1956 | ✘ | ✘ | Unknown | ✔ Since 2005 | Unknown | Unknown |
| Vietnam | ✔ Legal (no laws against homosexuality have ever existed) | ✘ | ✘ | Unknown | Unknown | ✘ | Unknown |
Europe
Main article: LGBT rights in Europe
Four countries currently ban all forms of heterosexist discrimination: Belgium, Netherlands, Norway, and Sweden. Membership in the European Union not only requires repeal of anti-homosexuality legislation, the Treaty of Amsterdam also requires anti-discrimination legislation to be enacted by its member states.[65]
Northern Europe
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Åland Islands (self-governing part of Finland) | ✔ Legal since 1971 | ✔ Legal since 2002 | ✘ | ✘ | Demilitarised | ✔ Bans some anti-gay discrimination | |
| Denmark | ✔ Legal since 1933 + UN decl. sign. |
✔ Legal since 1989 | ✘ | ✔ | ✔ | ✔ Bans some anti-gay discrimination | |
| Estonia | ✔ Legal since 1992 + UN decl. sign. |
✘ | ✘ | ✘ Unregulated, it is possible for any single individual to adopt if they can prove to be suitable to bring up a child. | ✔ | ✔ Bans some anti-gay discrimination | |
| Faroe Islands (self-governing part of Denmark) | ✔ Legal since 1933 | ✘ | ✘ | ✘ | ✔ (Denmark responsible for defence) | ✔ Bans some anti-gay discrimination | |
| Finland | ✔ Legal since 1971 + UN decl. sign. |
✔ Legal since 2002 | ✘ | ✔/✘ Step-child adoption only | ✔ | ✔ Bans some anti-gay discrimination | |
| Greenland (member country of the Kingdom of Denmark) | ✔ Legal since 1933 +UN decl. sign via Denmark. |
✔ Civil unions since 1996 | ✘ | ✔ Only in registered partnerships and only with partner's children | ✔ (Denmark responsible for defence) | ✔ Bans some anti-gay discrimination | |
| Iceland | ✔ Legal since 1940 + UN decl. sign. |
✔ Legal since 1996 | ✘ (proposed) | ✔ Only in registered partnerships | Has no army | ✔ Bans some anti-gay discrimination | |
| Ireland | ✔ Legal since 1993 + UN decl. sign. |
✘ The Civil Partnerships Bill 2009 is currently before the Irish lower house (Dáil Éireann) | ✘ | Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Isle of Man | ✔ Legal since 1994 | ✔ Legal since 2005 | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Latvia | ✔ Legal since 1992 + UN decl. sign. |
✘ | ✘ Constitutional ban since 2006 | ✘ Only married couples can adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Lithuania | ✔ Legal since 1993 + UN decl. sign. |
✘ | ✘ Constitutional ban since 1992 | ✘ Only married couples can adopt | ✔ | Bans some anti-gay discrimination, and publication of pro-homosexual "propaganda" banned as of 2009 | |
| Norway | ✔ Legal since 1972 + UN decl. sign. |
✔ Legal since 1993 | ✔ Legal since 2009 | ✔ | ✔ | ✔ Bans all anti-gay discrimination | |
| Sweden | ✔ Legal since 1944 + UN decl. sign. |
✔ Legal since 1995 | ✔ Legal since 2009 | ✔ | ✔ | ✔ Bans all anti-gay discrimination and publication, including hate speech against homosexuals and transgenders | ✔ Sex change can only be done after recomendations by the National Board of Health and Welfare, due health and safety reasons |
| United Kingdom | ✔ Legal since 1967 in England and Wales, 1980 in Scotland and 1982 in Northern Ireland + UN decl. sign. |
✔ Civil partnerships since 2005</small> | ✘ | ✔ | ✔ | ✔ Bans some anti-gay discrimination, as well as religion-based hate speech against homosexuals [66] | ✔ Gender Recognition Act 2004 |
Western Europe
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Belgium | ✔ Legal since 1843 + UN decl. sign. |
✔ Legal since 2000 | ✔ Legal since 2003 | ✔ | ✔ | ✔ Bans all anti-gay discrimination | |
| France | ✔ Legal since 1791 + UN decl. sign. |
✔ Pacte civil de solidarité since 1999 |
✘ No | ✘ Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Guernsey (incl. Alderney, Herm and Sark) | ✔ legal since 1983 (Age of consent discrepancy) | ✘ | ✘ | ✘ | UK responsible for defence | ✘ | |
| Jersey | ✔ legal since 1990 | ✘ (Civil Partnerships are proposed) | ✘ | ✔ | ✔ Bans some anti-gay discrimination | ||
| Luxembourg | ✔ Legal since 1795 + UN decl. sign. |
✔ Legal since 2004 | ✘ (proposed) | ✘ (proposed) | ✔ | ✔ Bans some anti-gay discrimination | |
| Monaco | ✔ Legal since 1793 | ✘ | ✘ | ✘ | France responsible for defence | ✘ | |
| Netherlands | ✔ Legal since 1811 + UN decl. sign. |
✔ Legal since 1998 | ✔ Legal since 2001. First country to legalize same-sex marriage. | ✔ | ✔ | ✔ Bans all anti-gay discrimination |
Central Europe
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Austria | ✔ Legal since 1971 + UN decl. sign. |
✔ Unregistered cohabitation since 2003, Registered partnership will become legal on 1 January 2010. | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Croatia | ✔ Legal since 1977 + UN decl. sign. |
✔ Unregistered co-habitation since 2003; Registered partnership refused in 2005 | ✘ | Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | ✔ Act on the elimination of discrimination |
| Czech Republic | ✔ Legal since 1962 + UN decl. sign. |
✔ Registered partnership since 2006. | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Germany | ✔ Legal since 1968 in East Germany and 1969 in West Germany + UN decl. sign. |
✔ Registered partnership since 2001 | ✘ | Single gay persons may adopt or a partner can adopt the other partner's child (full joint adoption is proposed)[67] | ✔ | ✔ Bans some anti-gay discrimination | |
| Hungary | ✔ Legal since 1962 + UN decl. sign. |
✔ Unregistered cohabitation since 1996 and Registered partnership since 2009 | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Liechtenstein | ✔ Legal since 1989 + UN decl. sign. |
✘ | ✘ | ✘ | Has no army | ✘ | |
| Poland | ✔ Never punished. Legal since 1932 + UN decl. sign. |
✘ | ✘ Constitutional ban since 1997 | Single gay persons may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Slovakia | ✔ Legal since 1962 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Slovenia | ✔ Legal since 1977 + UN decl. sign. |
✔ Registered partnership since 2006 | ✘ (proposed) | ✘ (proposed) | ✔ | ✔ Bans some anti-gay discrimination | ✔ Sex change can be recorded in a central register, and new documents can be issued based on person's new gender identity.[68] |
| Switzerland | ✔ Legal since 1942 + UN decl. sign. |
✔ Legal since 2007 | ✘ | Single gay persons may adopt. Non-biological partner must provide educational and financial tutorship for his/her partner's child | ✔ | ✔ Bans some anti-gay discrimination |
Eastern Europe
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Albania | ✔ Legal since 1995 + UN decl. sign. |
✘ | ✘ (but proposed) [25] | ✘ | ✔ | ✘ | |
| Armenia (terminology "European" varies on border defintions) | ✔ Legal since 2002 + UN decl. sign. |
✘ | ✘ | ✘ | Unknown | ✘ | |
| Azerbaijan (terminology "European" varies on border defintions) | ✔ Legal since 2000 | ✘ | ✘ | ✘ | ✘ Banned from military service | ✘ | |
| Belarus | ✔ Legal since 1994 | ✘ | ✘ | ✘ | ✘ Banned from military service | ✘ | |
| Bosnia and Herzegovina | ✔ Legal since 1996 in the Federation of Bosnia and Herzegovina, 1998 in Republika Srpska + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Bulgaria | ✔ Legal since 1968 + UN decl. sign. |
✘ | ✘ Constitutional ban | ✘ Single gay person may adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Georgia (terminology "European" varies on border defintions) | ✔ Legal since 2000 + UN decl. sign. |
✘ | ✘ | ✘ | Unknown | ✔ Bans some anti-gay discrimination | |
| Macedonia | ✔ Legal since 1996 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Moldova | ✔ Legal since 1995 | ✘ | ✘ Constitutional ban | ✘ | ✔ | ✘ | |
| Montenegro | ✔ Legal since 1977 + UN decl. sign. |
✘ | ✘ Constitutional ban | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Romania | ✔ Legal since 1996 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Russia (incl. all constituent regions) | ✔ Legal since 1993
(was illegal in Russian Empire in 1832-1917, was legal in the RSFSR/Soviet Union in 1917-1934) |
✘ | ✘ | ✘ | ✔ | ✘ | |
| Serbia | ✔ Legal since 1994 (1981 in Vojvodina) + UN decl. sign. |
✘ | ✘ Constitutional ban | ✘ | ✘ | ✔ Bans some anti-gay discrimination | |
| Turkey | ✔ Legal since 1858 (decriminalized by the Ottoman Empire) | ✘ | ✘ | ✘ No particular legal ban. | ✘ They are exempt from the military service and marked as mentally ill. | ✘ Added to constitution in 2004, but withdrawn afterwards by the government | ✔ |
| Ukraine | ✔ Legal since 1992 | ✘ | ✘ Constitutional ban | ✘ | ✔ | ✘ |
Southern Europe
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Andorra | ✔ Legal since 1790 + UN decl. sign. |
✔ Legal since 2005 | ✘ (but proposed) | ✔ Legal since 2005 | Has no army | ✔ Bans some anti-gay discrimination | |
| Cyprus | ✔ Legal since 1998 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Gibraltar (overseas territory of the U.K.) | ✔ Legal since 1993 (Age of consent discrepancy) | ✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Greece | ✔ Legal since 1951 (Age of consent discrepancy) + UN decl. sign. |
✘ | ✘ | ✘ | ✘ Banned from military service | ✔ Bans some anti-gay discrimination | |
| Italy | ✔ Legal since 1890 + UN decl. sign. |
✘ | ✘ | ✘ Only married couples can adopt | ✔ | ✔ Bans some anti-gay discrimination | |
| Malta | ✔ Legal since 1973 + UN decl. sign. |
✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| Portugal | ✔ Legal since 1983 + UN decl. sign. |
✔ Legal since 2001 | ✘ (but proposed) | ✘ | ✔ | ✔ Bans some anti-gay discrimination | |
| San Marino | ✔ Legal since 1864, recriminalised in 1974 and again legalised in 2001 + UN decl. sign. |
✘ | ✘ | ✘ | Unknown | ✘ | |
| Spain | ✔ Legal since 1979 + UN decl. sign. |
✔ Legal since 1998 (12 of 17 communities legalised Civil unions) | ✔ Legal since 2005 | ✔ | ✔ | ✔ Bans all anti-gay discrimination | ✔ La Ley de Identidad de Género (Gender Identity Law), enacted in 2007. |
Disputed territories
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Kosovo (only partially recognised, claimed by Serbia) | ✔ Legal since 1994 (as part of Serbia), 2008 (as partially recognised sovereign territory) | ✘ | ✘ | ✘ | ✔ | ✔ Bans some anti-gay discrimination | ✔ |
| Turkish Republic Northern Cyprus (only recognised by Republic of Turkey) | ✔ Legal since 2009 | ✘ | ✘ | ✘ No particular legal ban. | ✘ Banned from military service. (with the same code in Turkey) | ✘ |
Oceania
Main article: LGBT rights in Oceania
Australasia
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Australia (incl. Christmas Island, Cocos (Keeling) Islands, Norfolk Island) | ✔ Legal since 1994 in all Australian states and territories
+ UN decl. sign. |
✔ Unregistered cohabitation in all states; registered partnerships in ACT, Tasmania and Victoria | ✘ Only transsexual persons allowed to marry (All States) | ✔ ACT, Western Australia. In Tasmania same-sex couples are
permitted to adopt a child who is related to a member of the couple only.✘ other states and territories |
✔ Yes, since 1992 | ✔ Bans most anti-gay discrimination | ✔ Yes, Covered by all state and territory laws only |
| New Zealand | ✔ Legal since 1986
+ UN decl. sign. |
✔ Yes, since 2004 | ✘ | ✘ Single gay persons may adopt | ✔ | ✔ Bans all anti-gay discrimination | ✔ Covered under the 'sex discrimination' provision of the Human Rights Act 1993 since 2006. |
Melanesia
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| East Timor (terminology "Oceania" varies on border defintions) | ✔ Legal + UN decl. sign |
Unknown | Unknown | Unknown | Unknown | Unknown | |
| Fiji | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | ✘ 1997 constitution that banned all anti-gay discrimination has been suspended | Unknown |
| New Caledonia (overseas collectivity of France) | ✔ Legal | Civil union | No | Unknown | ✔ Yes since? | Unknown | |
| Papua New Guinea | ✘ Illegal | Unknown | ✘ | ✘ | Unknown | Unknown | Unknown |
| Solomon Islands | ✘ Illegal | Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Vanuatu | ✔ Legal | Unknown | Unknown | Unknown | Unknown | Unknown |
Micronesia
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Guam (unincorporated territory of the United States) | ✔ Legal since 1979 | ✘ Currently debated | ✘ | ✘ | Unknown | ✔ Bans all anti-gay discrimination | |
| Federated States of Micronesia | ✔ Yes, according to most reports | ✘ | ✘ | Unknown | ✘ Defense responsibility of the US, which has "Don't Ask, Don't Tell." | ✘ | ✘ |
| Kiribati | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Marshall Islands | ✔ Legal since? | ✘ | ✘ | ✘ | Unknown | ✘ | |
| Nauru | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Northern Mariana Islands | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown | |
| Palau | Unknown | Unknown | Unknown | Unknown | Unknown | Unknown |
Polynesia
| LGBT rights in: | Homosexual acts legal? | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination (sexual orientation) | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| American Samoa (unincorporated territory of the United States) [69] | ✔ Legal since 1899 | ✘ | ✘ | ✘ | ✘ US military has "Don't ask, don't tell" policy | Unknown | |
| Chile (Easter Island/Rapa Nui only) | ✔ Legal since 1998 | ✘ | ✘ | ✘ | Unknown | ✘ | |
| Cook Islands (part of the realm of New Zealand) | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Has no military forces | Unknown | Unknown |
| French Polynesia (overseas collectivity of France) | ✔ Legal since ? | Unknown | Unknown | Unknown | ✔ | Unknown | |
| Niue (part of the realm of New Zealand) | ✔ Legal since 2007 | Unknown | ✘ | ✘ | Has no military forces | Unknown | |
| Pitcairn Islands (overseas territory of the United Kingdom) | ✔ Legal since 1967 | ✔ Civil partnerships since 2005 | ✘ | ✔ | ✔ | ✔ Bans most anti-gay discrimination | |
| Samoa | ✘ | Unknown | ✘ | Unknown | Has no military forces | Unknown | Unknown |
| Tokelau (part of the realm of New Zealand) | ✔ Legal since 2007 | Unknown | ✘ | ✘ | Has no military forces | Unknown | |
| Tonga | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Unknown | Unknown | Unknown |
| Tuvalu | ✘ Male illegal ✔ Female legal |
Unknown | ✘ | Unknown | Has no military forces | Unknown | Unknown |
| Wallis and Futuna (overseas collectivity of France) | ✔ Legal since ? | Unknown | Unknown | Unknown | ✔ | Unknown |
See also
References
- ↑ Homosexuality in Medieval France By William A. Percy Jr.
- ↑ The Beautiful Way of the Samurai Native Tradition and Hellenic Echo
- ↑ The Middle Assyrian Law Codes (1075 BC) states: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch", see Sodomy_law#History
- ↑ "Quiet pink revolution in dark before dawn?"
- ↑ http://www.msnbc.msn.com/id/18827137/
- ↑ http://www.gaypeopleschronicle.com/stories06/march/0317062.htm
- ↑ FDA Recommends Barring Gay Men From Being Sperm Donors By Linda Orlando
- ↑ 8.0 8.1 Ottosson, Daniel (May 2009). State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Page 45. International Lesbian and Gay Association (ILGA). Retrieved on 2009-05-19.
- ↑ Ottosson, Daniel (May 2008). State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Page 11. International Lesbian and Gay Association (ILGA). Retrieved on 2009-01-12.
- ↑ Gambia: Mob Violence And Murder Feared After President's Gay Beheading Threat, AllAfrica, June 12, 2008
- ↑ [1]
- ↑ Page 6 of [2]
- ↑ [3]
- ↑ Burundi abolishes the death penalty but bans homosexuality 27 April 2009.
- ↑ Ethiopia travel advice, British Foreign and Commonwealth Office
- ↑ Africa: Outspoken activists defend continent's sexual diversity
- ↑ [4]
- ↑ Labour Code. Page 25 of [5]
- ↑ Africa: Outspoken activists defend continent's sexual diversity
- ↑ [6]
- ↑ [7]
- ↑ Not tickling Mugabe’s fancy, Tribune, October 24, 1997
- ↑ Lesotho travel advice, British Foreign and Commonwealth Office
- ↑ [8]. Constitutional protection for sexual orientation since 2005. Labour Code of 1992 (which banned sexual orientation discrimination) was replaced by The Unimplemented Labor Act 2004, which did not specifically enumerate homosexuals as a group protected from employment discrimination, and such discrimination occurred.
- ↑ Not specifically outlawed but ILGA 2008 pdf report labels as "unclear"; 2008 version of report still lists as unclear (with proposed ban) - pending laws needs to be updated w/ 2008/2009 data: Pending law, page 9 (Number 12), includes outlawing lesbian sex conduct. [9] and page 37 [10].
- ↑ Sexual Orientation and Legal Rights (92-1E)
- ↑ Same Sex Couple Adoption: The Situation in Canada and Australia (Research Note 29 1999-2000)
- ↑ Northwest Territories Human Rights Act, S.N.W.T. 2002, c.18. Section 5.
- ↑ 29.0 29.1 Telegraph (21 December 2009). Mexico City becomes first Latin America city to legalise gay marriage. Retrieved on 21 December 2009.
- ↑ International Gay and Lesbian Human Rights Commission (IGLHRC) (April 23, 2003). Mexico protects its gay and lesbian citizens with new law. Retrieved on November 27, 2009.
- ↑ International Lesbian and Gay Association (ILGA) Trans (August 29, 2008). Mexico City extends official rights to transgender individuals. Retrieved on November 27, 2009.
- ↑ http://www.hrc.org
- ↑ See Matthew Shepard Act.
- ↑ http://www.hrc.org
- ↑ See Matthew Shepard Act.
- ↑ [11]
- ↑ [12]
- ↑ [13]Template:Pt
- ↑ [14]Template:Pt
- ↑ [15]Template:Pt
- ↑ [16]Template:Pt "Ressalte-se que ser homossexual não é crime militar."
- ↑ [17]Template:Pt
- ↑ [18]Template:Pt
- ↑ [19]Template:Es
- ↑ [20]Template:Es
- ↑ [21]
- ↑ [22]
- ↑ Gay News From 365Gay.com
- ↑ Uruguay to Allow Civil Unions - Towleroad, a site with homosexual tendencies
- ↑ http://www.tetu.com/actualites/international/uruguay-feu-vert-a-ladoption-par-les-couples-homos-15431 Uruguay: feu vert à l'adoption par les couples homos!]
- ↑ LGBTQ Timeline
- ↑ http://www.ynetnews.com/articles/0,7340,L-3505079,00.html "Attorney General rules same sex couples eligible to adopt"
- ↑ Gay couple wins right to adopt foster son
- ↑ Ottosson, Daniel (May 2008). State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Page 22. International Lesbian and Gay Association (ILGA). Retrieved on 2009-01-12.
- ↑ http://lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf
- ↑ http://www.stratpost.com/being-gay-still-a-crime-in-the-military
- ↑ http://timesofindia.indiatimes.com/photo.cms?msid=4728348
- ↑ Ottosson, Daniel (May 2008). State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults Page 27. International Lesbian and Gay Association (ILGA). Retrieved on 2009-01-12.
- ↑ http://www.globalequality.org/storage/cfge/documents/dos_report_sogi_references_2008.pdf
- ↑ http://www.palmcenter.org/press/dadt/releases/asias_silence_on_gays_in_military_broken_by_taiwan
- ↑ http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2008.pdf
- ↑ http://www.akbayan.org/index.php?option=com_content&view=article&id=207:anti-discrimination-bill-hb-956&catid=15:bills&Itemid=100
- ↑ 63.0 63.1 63.2 http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/502.html
- ↑ http://www.docstoc.com/docs/8386635/Adoption-Law
- ↑ http://eur-lex.europa.eu/en/treaties/dat/12002M/pdf/12002M_EN.pdf
- ↑ http://www.opsi.gov.uk/acts/acts2008/ukpga_20080004_en_9#pt5-pb3-l1g74
- ↑ http://www.thelocal.de/society/20090723-20779.html
- ↑ www.dz-rs.si
- ↑ Sodomy Laws American Samoa. Sodomylaws.org (N.A.). Retrieved on 2008-12-21.
External links
- International Lesbian and Gay Association
- Map on LGBTI rights around the world — 2008 version
- State-sponsored Homophobia — 2008 edition of worldwide survey of homosexuality laws
- State-sponsored Homophobia — 2009 edition of worldwide survey of homosexuality laws
- Amnesty International USA: LGBT legal status around the world — interactive map
- GayLawNet: Laws — information by country
- International Gay and Lesbian Human Rights Commission
- Regional Information — press releases, etc. on updates of various countries
- Resource links — for researching legal information
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