View source for LGBT rights in Belarus

{{Infobox LGBT rights
| location_header = Belarus
| image        = LocationBelarus.png
| caption      = [[Belarus]]
| legal_status = Legal since 1994,<br/>age of consent is equalized
| gender_identity_expression = -
| recognition_of_relationships = No recognition of same-sex couples, Constitution and Marriage and Family Code limit marriage to man/woman
| adoption     = Same-sex couples may not adopt jointly, but one partner may adopt the other partner's biological children
| military     = Gays and lesbians not allowed to serve openly
| discrimination_protections = None
}}

Both male and female same-sex sexual activity are legal in Belarus, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Same-sex sexual activity was legalised in Belarus in 1994, however lesbian, gay, bisexual and transgender (LGBT) rights in Belarus are still severely limited.

==History of gay rights in Belarus==
While a part of the Soviet Union, Belarus used the laws common for all Soviet republics. As such, homosexuality was considered illegal. Sexual relationships between females have never been illegal in Belarus, while those between males were frequently prosecuted. Words such as ''homosexuality'' or ''gay'' were not present in any old Soviet code and the Soviet juridical system used the term ''sodomy''.

Article 119-1 of the previous Criminal Code of Belarus set out that homosexual men having voluntary sexual contact were to be convicted to prison terms up to five years. In 1989 nearly 50 Belarus citizens were fired due to their sexual orientation. A special department was set up in the KGB to combat homosexuality. The secret services used blackmail to recruit agents from the gay community.  This prevented the possibility of the emergence of any gay organization, or print media designed specifically for sexual minorities. Nonetheless, gay people met in the streets, toilets, railway stations, or gathered in private flats or houses.

In 1992 a newspaper named ''Sex-AntiAIDS-Plus'' was founded through help provided by a non-governmental organization called Stop-AIDS-Belarus (SAB). The second issue of the newspaper was intercepted by a procuratorâ€™s office, and a criminal case was initiated against the newspaper. The newspaper contained personal ads for gays and lesbians. The prosecution regarded these announcements as pandering. In 1994, the criminal case against the newspaper was dropped. However, its founder and chief editor, Ruslan Geniush, fearing persecution, stopped his publishing endeavour. In 1992 a magazine named ''Randez-vous'' was registered, and began publishing. The magazine focused primarily on personal ads and contained articles written by psychologists, sexologists and letters and announcements from LGBT readers in a special column called "Blue Salon". In 1994 the magazine ceased to exist.

On March 1, 1994, the Parliament of Independent Belarus changed Article 119-1 of the Criminal Code of Belarus, and homosexuality became legal.{{Ref|ilga-1}}

==Current Laws==
===Constitution===

The currently effective Constitution of Belarus, enacted in 1994, proclaims that one of its fundamental principles is the equality of citizens. Article 22 states:

â€œAll are equal before the law and have the right to equal defenseâ€¦ without any discrimination.â€

===Civil and Family Law===

According to the Constitution (Article 32) and the Marriage and Family Code (Articles 1 and 12), marriage is a specific civil contract, concluded before a state organ and available to two persons of the opposite sex.  This final requirement makes marriage inaccessible to homosexual couples.

There is no domestic partnership option under Belorussian law, although co-habitation outside of marriage, even by heterosexual couples, is common.  Domestic partnership is not a legal basis for one partnerâ€™s changing his or her surname. It does not lead to spousal material commonwealth between the partners. Among the responsibilities taken on by the partners in their life together, the only ones legally enforced are those listed in the civil law. When they have a common business, their relations are regulated by the rules of commercial law. If they break up, the partners have no access to the legally recognized rights of a spouse in a divorce. Current and former partners in cohabitation have no right to alimony or financial support.

Cohabitation is not a legal basis for inheritance, since partners are not included in the legal circle of heirs. Therefore, domestic partners may inherit from one another only when there is a last will and testament. The taxes on such an inheritance are higher than the taxes imposed on inheritances received by a legal spouse. Domestic partners inheriting through a will also have no right to a preserve part of the estate.

Cohabitating partners have no parental rights over the children of the other partner. It is possible, however, for one partner to legally adopt the otherâ€™s biological children. The adoptive parent must not be legally incapacitated, must not have been stripped of his or her parental rights by the courts, and must be at least 16 years older than the adopted child. It is not possible for co-habitating couples to adopt orphans, since the law requires adoptive couples to be married.

===Labour Law===

The Labour Code (Article 14) prohibits discrimination in the sphere of labour relations. However, sexual orientation is left out of the list of social characteristics on whose basis discrimination is legally prohibited. In other words, victims of discrimination on the basis of sexual orientation have no right to protection.<ref>[http://www.ilga.info/Information/Legal_survey/europe/supporting%20files/status_of_sexual_minorities_in_b.htm ILGA Legal Survey]</ref>

In May 1998, a state official in Maryina Gorka, Minsk District, was fired from his position after his former wife called the administration and said that her former husband was homosexual.

===Criminal Law===

Homosexual sex was decriminalized in 1994. The Criminal Code in force at the moment in Belarus was passed in 2000. The only homosexual acts that remain crimes are those that are non-consensual.  The crimes regarding homosexuality are covered in Chapter 20 (Section VII) of the Criminal Code, the chapter dedicated to â€œcrimes against sexual inviolability or sexual freedomâ€. Article 167 covers "forced actions of a sexual character":

*1. Muzhelozhstvo [specific Russian definition of â€œmale sexual intercourse with maleâ€, literary â€œman lying with manâ€], lesbianism or other actions of a sexual character committed by use of force or threat thereof against the victim, or by exploiting the victim's vulnerability, are punished by deprivation of freedom from three to seven years.
*2. The same actions, if they are committed several times or by a person previously convicted of rape, or by a group of persons, or wittingly against an underage person, are punished by deprivation of freedom from five to twelve years.
*3. Actions which are foreseen by the first or second parts of the present Article if they are committed wittingly against a person under fourteen years old, or carelessly brought about the death of a victim, or carelessly inflicted heavy damage to his/her health, caused HIV infection or some other heavy consequences, are punished by deprivation of freedom from eight to fifteen years.

Article 168 provides that sexual intercourse, muzhelozhstvo, lesbianism, or other actions of a sexual character, wittingly committed by a person over 18 on a person under 16, except the crimes foreseen by the articles 166 and 167 of this Code, are punished by arrest up to six months or limitation of freedom up to three years or deprivation of freedom up to four years.

Article 170 on "Coercive acts of a sexual character" states that:
*1. Coercion of a person into sexual intercourse, muzhelozhstvo, lesbianism or other actions of a sexual character by use of blackmail, threat of destruction, damage or withdrawal of property, or by exploiting the victim's material or other dependency, is punished by limitation of freedom up to three years or deprivation of freedom on the same terms.
*2. The same action, if it is committed wittingly against an underage person, is punished by limitation of freedom up to four years or deprivation of freedom up to five years.

No specific sexual acts, such as oral or anal penetration, are mentioned, and whether the behavior is homosexual or heterosexual makes no difference. The law makes an important symbolic tribute to the principle of gender equality in that, with the exception of rape, which requires a female victim, all other criminal sexual actions, such as violence, compulsion, or coercion, can be directed against persons of either gender, the victims in all cases being referred to in the law as she or he.

The age of consent for participation in sexual acts is equal for homosexuals and heterosexuals: 16 years old.

===Hate crimes===
There is no Belorussian law that refers specifically to perpetrators of crimes motivated by [[homophobia]]. In the Criminal Code, homosexuals are only singled out when they are the â€œsubjectsâ€ of a crime (e.g., when they are the perpetrators), and not when they are â€œobjectsâ€ (e.g., victims of a crime). Judicial and police organs do not express any eagerness to collect evidence about the homophobic motives of those who perpetrate crimes. Judges are not obliged to consider such motives as aggravating the circumstances of guilt, or to impose more severe punishments when homophobic motives are present. LGBT people are in danger to face discrimination and violence.<ref>{{cite web |title=Country Reports on Human Rights Practices on Belarus  |url=http://www.pride.by/en/show.php?id=39 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

On April 18, 2001, a dead body of the pensioner Alexander Stephanovich, known in Minsk as a homosexual, was found in the yard of the apartment block where he lived. His body was stabbed all over with knives.  On May 16: of the same year, Andrei Babkin, an activist with Lambda Belarus, was badly beaten and raped at the entrance to his flat.  He was taken to the hospital with severe injuries.  On July 2, the police in Minsk detained and badly beat Andrei Scherbakov, one of the founders of Lambda Belarus.  The next day, Ivan Suchinski, the owner of the gay club â€œOskar,â€ was killed. The club had been closed by the authorities in February 2000 and Ivan brought civil claims because of the unfair actions of the police.  On November 13, 2001, in Molodechno, Lambda Belarus leader Edward Tarletski was assaulted which resulted in a concussion and required seven days' hospitalization.  The police refused to take actions in connection with the assault because it was â€œimpossible to find the criminalsâ€.

On February 15, 2002 in Zhlobin (Gomel Region), 34 year old accountant Victor Kovyl was found dead in his parentsâ€™ flat. He was openly gay both at work and in public. The police refused to give the details of the murder to Kovylâ€™s partner Alexander and one of the members of the police said to him: â€œIt serves you right, sodomites (faggots)!â€.  On April 12, 2002, an assault and beating of gay men took place outside the gay club â€œBabylonâ€. According to witnesses a group of skin heads (10-12 men) attacked three patrons before the police arrived. Among the victims was Edward Tarletski, Editor in Chief of gay magazine Forum Lambda and leader Lambda Belarus leader.  On June 10 in Kommunar, Buda-Koshelyovo District, Gomel region, three unidentified men beat and raped local resident Dmitrii L., 18. The victim was taken to the hospital where he spent two weeks.  On the evening of October 2, 2002, Edward Tarletski was assaulted outside his flat entrance on his way home. Four unidentified men asked him if his name was Tarletski and started beating him. That night he was taken to the hospital. He had a broken shoulder and three smashed teeth.  Finally, in 2002, the Minsk Police started a criminal case in connection with the murder of Mikhail M., 50, whose mutilated body was found in his flat on the 17th of November. According to the police this was the fifth murder of this kind committed in the capital of Belarus. However, the detectives fully denied the possibility of a serial killer.

On February 18, 2003 Tarletski was beaten again by unidentified persons near his house. Edward was taken to the hospital with a head injury and plenty of bruises on his body.  On March 29 of the same year, a bouncer at the night club â€œBudda-Barâ€ in Minsk beat Yuliya Yukhnovetz, a volunteer for Minsk Pride, because she kissed a girl in the club hallway. She was taken to the hospital where she was diagnosed with an injured cranium.

On May 28, 2008, Edvard Tarletski was attacked again by three youths in Minsk. Tarletski stated that he did not intend to report the attack to police because they would not do anything about the incident. He also said this attack was the third against him in five years.<ref>{{cite web |title=2008 Human Rights Report: Belarus. Bureau of Democracy, Human Rights, and Labor |url=http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119069.htm |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

At the mid of September 2008, two transsexual males had been raped in Minsk. Victims did not report to the police, they were not sure that they help them.<ref>{{cite web |title=Two transsexual guys had been raped in Minsk |url=http://www.pride.by/en/show.php?id=34 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

There are reports that police and prosecutors do not give cases involving a victim who is of a sexual minority equal treatment.

In prisons and correctional facilities, homosexuality is subject to speculation, blackmail and extortion. While in prison, gays and lesbians are largely unprotected. Reportedly, executing bodies often make use of prisonersâ€™ sexual inclinations to receive needed data, and turnkeys often encourage prisoners to abuse homosexuals.

Police officers seek information of a personal nature about homosexual persons who are victims of violence. This information is of no relevance to the prosecution the perpetrators of the crimes against those victims.  Police officers collect information of a personal nature as well as passport data and mugshots of homosexual persons who visit known gay cruising areas. The national NGO â€œVstrechaâ€ [â€œMeetingâ€] (HIV-prevention group for gay men) reported about those practices in Brest and Gomel.  Police officers refuse to register cases of brutality committed against sexual minorities and do not conduct investigations that would seek criminal responsibility from the perpetrators of crimes motivated by homophobic prejudice. Lambda Belarus reported many cases of brutality against lesbians and gays and passive behaviour of police in all regions of the country. Police have conducted unprovoked actions in bars frequented by homosexuals. AILGBT-Belarus, â€œVstrechaâ€, Lambda Belarus and lesbian group â€œYANAâ€ reported about those practices in Gomel and Minsk.<ref>From Viachaslau Bortnik's report presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004; side event  â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE region</ref>

===Immigration and Asylum Law===

Persecution on the basis of sexual orientation is not explicitly recognized in law as a ground for granting refugee status. Same sex partners are not recognized for the purposes of immigration law. After the fall of the communist regime many Belorussians requested and were granted asylum abroad, based on fear of persecution because of their sexual orientation. The most frequent reason cited was formal or informal harassment by the police. Amnesty International Lesbian, Gay, Bisexual and Transgender Network â€“ Belarus (AILGBT-Belarus) has information on individuals who were granted asylum in Czech Republic, France, Netherlands, and Sweden.<ref>Viachaslau Bortnik's, â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE region," presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004.</ref>.  One 19 year old former Minsk resident resident received political asylum in a Western country in May 2007 because his parents had been trying to cure him of gayness by shock therapy.

===Political Figures Stands on LGBT Rights===
The open support of lesbians and gays is not a popular thing for a political movement in Belarus. In July 2001, the Organising Committee of the 1st Belarusian Youth Congress, voted against allowing delegates of Lambda Belarus to participate.

In March 2002, a number of Belarusian media published the statements of Young Front (the youth organisation of Belarusian Popular Front), which contained homophobic statements.<ref>Viachaslau Bortnik's report presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004; side event  â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE region.â€</ref>  Specifically, Young Front leader Pavel Severinetz published a letter where he called homosexuality â€œa death-worthy sin and perversionâ€. According to Severinetz the fact of the existence of homosexuals is â€œthe result of spoiling and sinfulness in the worldâ€.

In another incident, Belarusian sexual minorities attempted to make a formal statement of solidarity with victims of the Chernobyl nuclear accident.  This attempt created a backlash, which led to an opposition youth leader, Dmitry Dashkevich, stating on the radio program "Freedom Night" that Belarus is no place for gays, and that homosexuals are sick people and that the opposition would not enter into a dialogue with them.  In addition, opposition leader Artur Finkevich stated that that all homosexuals need to settle on reservations, not with the "normal" people.

In September 2004, President Lukashenko, in a speech before the Belarusian Security Council, said, "we have to show our society in the near future, what â€˜theyâ€™ [EU and USA] are doing here, how they are trying to turn our girls into prostitutes, how they are feeding our citizens with illicit drugs, how they are spreading sexual perversion here, which methods they are employingâ€.<ref name="ReferenceA">''(From Viachaslau Bortnik's report presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004; side event  â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE regionâ€.)</ref>

A member of the parliament, Kuchinsky suggested that violence against gays was acceptable.  "My position as a deputy is: all these "blue" (slang for gay) and so must be full-shaft."  Deputy Kuchinsky also proposed a law to re-criminalize homosexual relationships.

Gay life is still largely underground and most Belarusians consider homosexuality a disease.{{Ref|actwin-1}}  Homophobic attitudes, suspicions and prejudices are still very strong. According to a survey by the Belorussian Lambda League for Sexual Equality (Lambda Belarus) in April 2002, 47% of Belarusians think that gays should be imprisoned. Young people increasingly tolerate homosexuality and show a growing interest in gay and lesbian culture. However, their interest remains part of youth popular culture and is often considered as a kind of fashion that will be outgrown and forgotten when they become adults. In 2007 Information Center TEMA and MyGomel.com organize a voting about react of Gomel region youth to sexual minorities. 47,6% had negative feelings to sexual and gender minorities, 10% want to criminalize homosexual relations.<ref>{{cite web |title=Voting of Belarusian youth on LGBT issue  |url=http://www.pride.by/en/show.php?id=2 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

==Free Speech Rights==

The internet provider Beltelecom (a monopoly provider in Belarus), which controls the external gateway, tried to block access to gay sites, at least from internet clubs. Internet resources for gays and lesbians in Belarus have recently been operating without problems. However, access is blocked to Russian gay internet sites, including Gay.ru.

The first gay parade held in the Commonwealth of Independent States was held in 2001 in Minsk. It was a peaceful march, with about 300 people in attendance. It soon became clear why it was so peaceful: the parade was held two days before the presidential elections and the parade became a convenient pretext for discrediting opposition candidates.

A private company in Belarus censored gay personal ads on its gay-oriented website, Apagay.com, today known as [http://www.gay.by Gay.by]. In response to complaints, the website owner first explained that they had the right to edit personal ads. Then they stated they were merely implementing recommendations, but did not state whose recommendations.

In July 1998, directors of the state National Television and Radio Company of Belarus prohibited the popular TV programs "Kingâ€™s Hunt" and "Itâ€™s All Right, Mama" from using material featuring the "Singing Queens Show" on the grounds that the programsâ€™ characters confessed they were gay.

The only specialised magazine for the LGBT community (''Forum Lambda'' magazine) was published by Lambda Belarus in Russia and disseminated in Belarus from 1998 to 2002. The publication has been banned several times by the State Publishing Committee.

The main source of information about life of LGBT community in Belarus is the internet portal  [http://www.gay.by Gay.by]. It is one of ten most visited sites in Belarus with a monthly audience of over 350,000 visitors. The creators of the web site encounter a lot of problems when trying to disseminate information about homosexuality. In December 2002, Belarusian State University in Minsk banned access to all gay internet resources. In March 2003 the administration of the internet cafÃ© â€œSoyuz Onlineâ€, the biggest and most popular among gays in Minsk, blocked [http://www.gay.by Gay.by].  In January 2004, the national web hosting company N1.BY refused [http://www.gay.by Gay.by] its services. Earlier in 2003 the system administrator of "Krasnaya Banernaya" (RED.BY) banned the portal [http://www.gay.by Gay.by] from participating in banner exchange.<ref>From Viachaslau Bortnik's report presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004; side event  â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE regionâ€</ref>  On May 10, 2003, an unknown hacker broke into the Belarusian gay and lesbian web site [http://www.gay.by Gay.by]. The hacker deleted all topics on the site's forum and started a new thread containing an appeal to kill gays. In addition while downloading the home page of [http://www.gay.by Gay.by] the notification â€œPIDARS MUST DIEâ€ and â€œSTOP PIDARS IN BELARUSâ€ appeared on the screen. The hackerâ€™s break in was followed by telephone calls to the members of the siteâ€™s team with threats of physical violence.

In 2003, Lambda Belarus leader Edward Tarletski wrote a letter to the head of the Minsk Postal Service asking to explain why all international correspondence for Forum Lambda and Tarletski personally was always received open and damaged.

==Right to Assemble==
===Gay Pride Controversies===

Violations of the rights to freedom of expression and freedom of assembly in Belarus were repeatedly condemned by the international community.<ref>{{cite web |title=Are all equal before the law? |url=http://www.pride.by/en/show.php?id=33 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

After previous failed efforts, in 1999 a [[gay pride]] festival was organised by "Forum Lambda", a magazine for Belarusian gays and lesbians. The festival was supported by the UN Development Programme, studio Tatyana, United Way Belarus, IREX, the Titanic Club, and guests from Ukraine. The 1999 festival was a success.{{Ref|ilga-2}}

In 2000, the organisers of the festival encountered great difficulty in preparing for the event. According to Edvard Tarletsky, head of the organising committee, the radio station Radio BA which was to cover the event and grant its dancehall for evening events received an order from the Presidential Administration not to do so. Other radio stations reportedly refused support on the same grounds, and events at other venues were also canceled. Orthodox Church-related groups demonstrated in Minsk against the Gay Festival the day before the festival was planned, on September 9. The planned gay pride march through the city was banned by the city government 24 hours before it was due to take place, and authorities acted on the day to prevent festivities. Newspapers reported the outcome of the day. See{{Ref|paper-1}} and{{Ref|paper-2}} <ref>*[http://gaytoday.badpuppy.com/garchive/events/091800ev.htm Belarus Authorities Forbid Year 2000 Gay Pride Festival]</ref><ref>[http://www.ilga.org/news_results.asp?LanguageID=1&FileCategory=4&ZoneID=4&FileID=300 Gay cultural events canceled in Belarus, ILGA]</ref>

The country's only gay club, Oscar, was closed by the government in February 2000 because police said it "gathers abnormal people". However some mainstream clubs reportedly hold specific gay nights.

In 2001 the Belarus government allegedly prohibited the Belarus Gay Pride Festival.  On August 3, 2001 unidentified vandals, broke into and vandalised the flat of Lambda Belarus leader Andrei Babkin where fliers, posters and booklets of the festival â€œGay Pride 2001â€ had been kept.

In 2002, days before Gay Pride 2002, Lambda Belarus leader Edward Tarletski was called to the Minsk police station where he was told that if a gay pride parade took place, â€œthe police will not take any responsibility for possible disorder.â€ The police also threatened Tarletski with criminal prosecution in case of a street demonstration like it was in 2001.

In 2004, an international gay and lesbian festival was forced to be canceled.  he organizing committee of the final (Belarusian) phase of the 4th International Moonbow Human Rights & Homo Cultural Festival and the first stage of this year's ILGCN (International Lesbian & Gay Cultural Network) World Lesbian and Gay World Conference August 28â€“29, 2004 were forced to cancel the event in Minsk. This came after authorities frightened a club owner into withdrawing his promise to host the event.  In addition, threatening phone calls from authorities said foreigners trying to attend the event for workshops and discussions "would be immediately expelled from the country in keeping with the article of intervention in domestic affairs of the Republic of Belarus."{{Ref|paper-3}} <ref name="ReferenceA">From Viachaslau Bortnik's report presented at the OSCE Human Dimension Implementation Meeting, Warsaw, October 4â€“15, 2004; side event  â€œIntolerance, discrimination and hate crimes based on sexual orientation and gender identity in the OSCE regionâ€.</ref><ref>*[http://www.data.minsk.by/belarusnews/112006/139.html Minsk Gay Culture and Human Rights Conference Canceled]</ref>

Apart from an annual march for the remembrance of Chernobyl disaster every year in April, no public demonstrations are allowed by the authorities. For example, on May 10, 2008, a group of gay activists asked permission to hold a picket next to a monument in the centre of Minsk.

On October 27, 2008, the same group asked permission to hold a protest in support of gay rights near the Russian Embassy in Minsk. Both events were not authorised. Because the country is currently not a member of the Council of Europe, Belarusian activists cannot appeal to the European Court of Human Rights. It is the same group which decided to organise with Russian LGBT activists a Slavic Pride which is planed to alternate between Moscow and Minsk every year.<ref>{{cite web |title=Euro MPs Get Tough Over Lack of Gay Rights in Belarus  |url=http://www.pride.by/en/show.php?id=36 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

In January 2009, an event titled "The Right To Love" was planned and designed to raise public awareness about homophobia and discrimination against LGBT people in Belarus. Authorization was denied. LGBT activist Roman Mandrykin filed a complaint in the Court of the Central Borough of Gomel in response to this decision of the Gomel City Administration. In the text of the complaint, Mr. Mandrykin claims that the decision of the Gomel City Administration violated his right to the Freedom of Assembly, as guaranteed by Article 35 of the Constitution of Belarus. He adds that the local regulation, Regulation 299, is itself unconstitutional in that it imposes unreasonable burdens on those seeking to organize public gatherings. The organizers intend to pursue this claim until it is resolved and hope to be able to organize a gathering in 2010.<ref>{{cite web |title=LGBT rights activists, for the first time, appealing to courts to defend their constitutional right to freedom of assembly  |url=http://www.pride.by/en/show.php?id=38 |date= |work= |publisher= |accessdate=14 August 2009}}</ref>

===Month Against Homophobia===
The "Month against [[Homophobia]]" was a campaign by Belorussian LGBT activists from April 17 to May 17, 2009 in Minsk, Grodno and Luninets.  It consisted of informational campaigns and events.  The month was organized by Gayby.org, Gay.by, members of the League of Sexual Equality "Lambda", and Amnesty International (Belarus).  More than fifty media outlets reported about the month's events.  Belarusian media began to talk about gay and lesbian people.  Radio Liberty, BELAPAN News Agency, the newspaper "Solidarnast", European Radio for Belarus, Belarusian Ratsiya Radio, Radio "MIR", the regional information media, and others broadcast stories about gays and lesbians.  Street events were also planned in Gomel and Minsk, but the events were canceled after local authorities banned them.

Main aim of the month against Homophobia was to resist any kind of physical, moral and symbolic violence to people with a different sexual orientation and gender identity, to show solidarity to [[LGBT]] in the world who are unable to fight for their rights and to carry on a wider campaign for Human Rights.<ref>{{cite web |title=Article about the month against Homophobia in Belarus |url=http://www.english.gay.by/news/4.htm |date= |work= |publisher= |accessdate=20 July 2009}}</ref>

===Recognition of LGBT Organizations===
There is no official organization in Belarus that represent the interests of gays and lesbians in Belarus.  The Women's Organization (Jyana), which was officially registered and working on "gender questions."  Jyana, which protected young women in the country, recently announced that it soon will close.  The men's organization, Republican Youth (Vstrecha) is not an LGBT-organisation, but conducts a great deal of work aimed at preventing HIV infection and AIDS among men who have sex with men. Any other organization or initiative is working outside the legal framework.

*Belarusian initiative by sexual and gender equality [http://www.belgueer.gay.by]
*LGBT Human Rights Project Gaybelarus.by, the organizer of the upcoming Slavic Pride in May 2010 in Minsk
*Vstrecha ["Meeting"], located in Minsk, [http://www.vstrecha.by]. The oldest gay group in Belarus, founded in the early 1990s. Activities include HIV/AIDS prevention; HIV+ support group.
*TEMA Information Center, located in Gomel [http://www.pride.by].  Founded in 2004. TEMA is one of the most active LGBT NGO in Belarus. TEMA is not a registered NGO, because of the political situation in Belarus.  Organizes the LGBT pride events.

===Legal status of LGBT Clubs===

There is one gay club in Minsk and some clubs that conduct "closed parties."  But recently the owners of these clubs are trying to maintain secrecy and not disclose the nature of the club.

==LGBT Rights in Education==

In May 2003, the administration of the European Humanities University in Minsk banned a showing of the documentary â€œOutlawedâ€ about discrimination of gays and lesbians all around the world. According to the University staff, the ban was made under pressure of Russian Orthodox Church.<ref name="ReferenceA"/>

==Rights in the Military==

According to the Belarusian Ministry of Defense and the Center for the Study of Sexual Minorities in the Military of the University of California, Santa Barbara, Belarus bans gays from serving in the military. AILGBT-Belarus has documented at least five cases of gay men from Gomel who did not serve in the army because of their sexual orientation. No cases of harassment of gays in the army are reported, but this may be the result of gay individuals hiding their sexuality.<ref name="ReferenceA"/>

==Mental health care rights==

A high percentage of suicide is observed amongst gays, lesbians, bisexuals and transsexuals. Qualified psychological help is not generally available. In Minsk, the capital of Belarus, three universities - Belarus State University, Belarus Pedagogical University and European Humanities University - have full psychology courses in their curriculum but do not address the problems of sexual minorities.[1]

==Summary table==
{| class="wikitable"
|-
| Homosexuality legal
| [[Image:Yes check.svg|15px|Yes]] (since 1994)
|-
| Equal age of consent
| [[Image:Yes check.svg|15px|Yes]]
|-
| Anti-discrimination laws
| [[Image:X mark.svg|15px|No]]
|-
| Same-sex marriage(s)
| [[Image:X mark.svg|15px|No]] (constitutionally limited to being between a man and a woman)
|-
| Recognition of same-sex couples as registered partnerships
| [[Image:X mark.svg|15px|No]] (constitutionally limited to being between a man and a woman)
|-
| Step adoption by same-sex couples
| [[Image:Yes check.svg|15px|Yes]]
|-
| Gay men and women allowed to serve openly in the military
| [[Image:X mark.svg|15px|No]]
|-
| Right to change legal gender
| [[Image:X mark.svg|15px|No]]
|-
| MSMs allowed to donate blood
| [[Image:X mark.svg|15px|No]]
|}

==See also==

==External links==
* [http://www.gaybelarus.by LGBT Human Rights Project GayBelarus.By]  
* [http://www.belqueer.gay.by Belarusian initiative by sexual and gender equality]  
* [http://www.gay.by Internet portal gay.by]  
* [http://www.pride.by/en/all.php Pride! NEWS - News Portal for LGBT from Belarus]  

==Notes==
# {{note|ilga-1}} {{cite web |title=The Status of Sexual Minorities in Belarus  |work=International Lesbian and Gay Association  |url=http://www.ilga.info/Information/Legal_survey/europe/supporting%20files/status_of_sexual_minorities_in_b.htm  |accessdate=2005-09-29 }}
# {{note|avert-ageofconsent}} {{cite web |title=Worldwide Ages of Consent  |work=Avert.org  |url=http://www.avert.org/aofconsent.htm  |accessdate=2005-09-29 }}
# {{note|actwin-1}} {{cite web |title=Homosexual Rights Around The World  |work=Gay Rights Info  |url=http://www.actwin.com/eatonohio/gay/world.htm  |accessdate=2005-09-29 }}
# {{note|ilga-2}} {{cite web |title="Gay Pride Belarus â€™99" held in Minsk from 9 to 12 September  |work=International Lesbian and Gay Association  |url=http://www.ilga.info/Information/Legal_survey/europe/supporting%20files/gay_pride_belarus_99.htm  |accessdate=2005-09-29 }}
# {{note|paper-1}} {{cite web |title=Gay and Lesbian Issues in Belarus  |work=A Belarus Miscellany  |url=http://www.belarus-misc.org/bel-gay.htm  |accessdate=2005-09-29 }}
# {{note|paper-2}} {{cite web |title=Belarus Authorities Forbid Year 2000 Gay Pride Festival  |work=GayToday  |url=http://gaytoday.badpuppy.com/garchive/events/091800ev.htm  |accessdate=2005-09-29 }}
# {{note|paper-3}} {{cite web |title=Gay Belarus News & Reports 2004-05  |work=Global Gayz.com  |url=http://www.globalgayz.com/belarus-news.html  |accessdate=2005-09-29 }}
# {{note|baywindows-1}} {{cite web |title=International Briefs  |work=Bay Windows  |url=http://www.baywindows.com/media/paper328/news/2001/05/03/WorldNews/International.Briefs-75666.shtml  |accessdate=2005-09-29 }}
# {{note|gayby-1}} {{cite web |title=Month against homophobia in Belarus |work=Gay.by  |url=http://www.english.gay.by/news/2008-06-13-63 |accessdate=2008-06-14 }}

==References==
<references/>

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{{wikipedia|2010-06-04}}

[[Category:LGBT rights]]