This article needs to be updated. (May 2025) |
| Same-sex intercourse legal. Recognition of unions: | |
Extraterritorial marriage2 | |
Limited foreign |
Optional certification |
| Same-sex intercourse illegal. Penalties: | |
Prison; death not enforced | |
Death under militias |
Prison, with arrests or detention |
Prison, not enforced1 |
|
| Same-sex intercourse Restricted/Ambiguous. Depends are: | |
None |
Restriction of expression, not enforced |
Restriction of association with arrests or detention | |
| | Neither | States which did not support either declaration |
| | Non-member states | States that are not voting members of the United Nations |
| | Oppose | States which supported an opposing declaration in 2008 and continued their opposition in 2011 |
| | Subsequent member | South Sudan, did not exist in 2008 |
| | Support | States which supported the LGBTQ rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011 |
| Part of a series on |
| LGBTQ rights |
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| Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer |
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| Part of a series on |
| Rights |
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| Theoretical distinctions |
| Human rights |
| Rights by beneficiary |
| Other groups of rights |
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| LGBTQ people |
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Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Notably, as of January 2025[update], 38 countries recognize same-sex marriage. By contrast, not counting non-state actors and extrajudicial killings, only two countries are believed to impose the death penalty on consensual same-sex sexual acts: Iran and Afghanistan. The death penalty is officially law, but generally not practiced, in Mauritania, Saudi Arabia, and Somalia (in the autonomous state of Jubaland). LGBTQ people also face extrajudicial killings in the Russian region of Chechnya. Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. Fifteen countries have stoning on the books as a penalty for adultery, which (in light of the illegality of gay marriage in those countries) would by default include gay sex, but this is enforced by the legal authorities in Iran and Nigeria (in the northern third of the country).
In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBTQ rights, following which the Office of the United Nations High Commissioner for Human Rights issued a report documenting violations of the rights of LGBTQ people, including hate crimes, criminalization of homosexual activity, and discrimination. Following the issuance of the report, the United Nations urged all countries which had not yet done so to enact laws protecting basic LGBTQ rights. A 2022 study found that LGBTQ rights (as measured by ILGA-Europe's Rainbow Index) were correlated with less HIV/AIDS incidence among gay and bisexual men independently of risky sexual behavior.
The 2023 Equaldex Equality Index ranks the Nordic countries, Chile, Uruguay, Canada, the Benelux countries, Spain, Andorra, and Malta among the best for LGBTQ rights. The index ranks Senegal, Oman, Brunei, Afghanistan, Somalia, Eritrea, Gambia, and Iran among the worst.
LGBT rights are supported by various international religious organizations, including progressive Christian denominations, and progressive Jewish organizations.
Laws that affect LGBTQ people include, but are not limited to, the following:
In ancient India, Ayoni or non-vaginal sex of all types was punishable in the Arthashastra. Homosexual acts were, however, treated as a smaller offence punishable by a fine, while unlawful heterosexual sex carried much harsher punishment. The Dharmsastras, especially the later ones like the Vashistha Dharmasutra, prescribed against non-vaginal sex. The Yājñavalkya Smṛti prescribed fines for such acts including those with other men. Manusmriti prescribed light punishments for such acts. Vanita stated that the verses about punishment for a sex between a woman and her maiden was due to its strong emphasis on a maiden's sexual purity.
The ancient Law of Moses (the Torah) forbids people from lying with people of the same sex (i.e., from having intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis 19, in the story of Sodom and Gomorrah, after which the cities were soon destroyed with "brimstone and fire, from the Lord" and the death penalty was prescribed to its inhabitants – and to Lot's wife, who was turned into a pillar of salt because she turned back to watch the cities' destruction. In Deuteronomy 22:5, cross-dressing is condemned as "abominable".
In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual. An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose gender roles were not considered solidly masculine. Such sexual relations were even seen as good fortune, with an Akkadian tablet, the Šumma ālu, reading, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers". However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.
Middle Assyrian Law Codes dating 1075 BC has a particularly harsh law for homosexuality in the military, which reads: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch." A similar law code reads, "If a seignior lay with his neighbor, when they have prosecuted him (and) convicted him, they shall lie with him (and) turn him into a eunuch". This law code condemns a situation that involves homosexual rape. Any Assyrian male could visit a prostitute or lie with another male, just as long as false rumors or forced sex were not involved with another male.
In ancient Rome, the bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed penalties on those who committed a sex crime (stuprum) against a freeborn male minor. Acceptable same-sex partners were males excluded from legal protections as citizens: slaves, male prostitutes, and the infames, entertainers or others who might be technically free but whose lifestyles set them outside the law.
A male citizen who willingly performed oral sex or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men. In courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors were directed particularly at "democratic" politicians (populares) such as Julius Caesar and Mark Antony.
Roman law addressed the rape of a male citizen as early as the 2nd century BC when it was ruled that even a man who was "disreputable and questionable" had the same right as other citizens not to have his body subjected to forced sex. A law probably dating to the dictatorship of Julius Caesar defined rape as forced sex against "boy, woman, or anyone"; the rapist was subject to execution, a rare penalty in Roman law. A male classified as infamis, such as a prostitute or actor, could not as a matter of law be raped, nor could a slave, who was legally classified as property; the slave's owner, however, could prosecute the rapist for property damage.
In the Roman army of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death, as a violation of military discipline. The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "...on young men who have abused their persons" as subject to the fustuarium, clubbing to death. Ancient sources are most concerned with the effects of sexual harassment by officers, but the young soldier who brought an accusation against his superior needed to show that he had not willingly taken the passive role or prostituted himself. Soldiers were free to have relations with their male slaves; the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se. By the late Republic and throughout the Imperial period, there is increasing evidence that men whose lifestyle marked them as "homosexual" in the modern sense served openly.
Although Roman law did not recognize marriage between men, and in general Romans regarded marriage as a heterosexual union with the primary purpose of producing children, in the early Imperial period some male couples were celebrating traditional marriage rites. Juvenal remarks with disapproval that his friends often attended such ceremonies. The emperor Nero had two marriages to men, once as the bride (with a freedman Pythagoras) and once as the groom. His consort Sporus appeared in public as Nero's wife wearing the regalia that was customary for the Roman empress.
Apart from measures to protect the prerogatives of citizens, the prosecution of homosexuality as a general crime began in the 3rd century of the Christian era when male prostitution was banned by Philip the Arab. By the end of the 4th century, after the Roman Empire had come under Christian rule, passive homosexuality was punishable by burning. "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code. Under Justinian, all same-sex acts, passive or active, no matter who the partners are, were declared contrary to nature and punishable by death.
The United Kingdom introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the British Empire was at its peak. As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.
In 1861, the British Empire introduced Section 377 of the British Colonial Penal Code, outlawing consensual sexual activity between same-sex couples as well as labelling third gender communities such as the apwint people and Hijra as "outlaw tribes". This law was intended to criminalise acts "against the order of nature". Section 377 was used to prosecute people engaging in oral and anal sex along with homosexual activity.
Today, Section 377 still exists in some former British colonies:
In addition to Section 377, the United Kingdom also introduced a number of laws targeting gender non-conformity throughout its colonies. In 1861, authorities of the North-Western Provinces (NWP) sought to enact a 'special law' against Hijra people in order to criminalise their identity. The Hijra were included in the Criminal Tribes Act (1871) and were monitored with the hope of eliminating their culture. Due to the passage of the Criminal Tribes Act (1871), Hijra people could not possess children.
While significant progress has been made to reverse these laws, the majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 27. In 3 of these states, homosexual activity is punishable by death.
LGBTQ communities still face significant discrimination due to the influence of colonialism in former British colonies, despite these communities being accepted prior to British colonialism. In the Indic cultural sphere, references to a third sex can be found throughout the texts of India's religious traditions like Jainism and Buddhism as well as the Kama Sutra. The foundational work of Hindu law, the Manu Smriti (c. 200 BC–200 AD) explains humans as belonging to one of three biological sexes, indicating a belief that transsexuality was an inherent trait.
In 2001, the Netherlands was the first country in the world to legalize same-sex marriage.
Note that for simplicity the table below does not distinguish between 'legal' and 'lawful'. An action can only be legal or illegal where a specific law has been passed.
| Laws regarding same-sex sexuality by country or territory | ||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Worldwide laws regarding same-sex intercourse, unions and expression.
1No imprisonment in the past three years[timeframe?] or moratorium on law. 2Marriage not available locally. Some jurisdictions may perform other types of partnerships. | ||||||||||||||||||||||
| LGBT rights at the United Nations |
|---|
|
Support Countries which have signed a General Assembly declaration of LGBT rights or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members) Oppose Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members after withdrawal of Fiji, Rwanda and Sierra Leone) Neither Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members) |
| Homosexual "propaganda" laws by country or territory |
|---|
| Decriminalization of same-sex sexual intercourse by country or territory |
|---|
| Equalization of age of consent laws for same-sex couples by country or territory |
|---|
|
1790–1829
1830–1839
1840–1859
1860–1869
1870–1879
1880–1889
1890–1929
1930–1939
1940–19491
1950–1959
1960–1969
1970–1979
1980–1989
1990–1999
2000–2009
2010–2019
2020–present
Unknown date for equal age of consent laws for opposite and same-sex couples
No consent laws/equal age of consent laws always equal for opposite and same-sex couples
Unequal age of consent laws for same-sex couples
Same-sex sexual intercourse illegal
1During World War II, Nazi Germany annexed or occupied territory, extending Germany's laws against same-sex sexual intercourse. Age of consent was previously equalized for same-sex couples in the following countries or territories before the war: Belluno (legal in 1890), Trentino-Alto Adige/Südtirol (legal in 1890), Friuli-Venezia Giulia (legal in 1890), and Poland (decriminalized in 1932). During World War II Germany did not consistently enforce anti-homosexual laws in all occupied countries. All countries and territories listed that were annexed or established into reichskommissariats by Nazi Germany during World War II were restored as independent countries or reincorporated into their previous countries during or after the war and thus re-legalized equal age of consent laws for same-sex couples in those areas.[citation needed] |
| Legal status of same-sex marriage |
|---|
|
Marriage open to same-sex couples
Mixed jurisdiction: marriage recognized by the state but not by tribal government for residents who are members of the tribe
Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
Same-sex marriage recognized with full rights when performed in certain other jurisdictions
Civil unions or domestic partnerships
Limited legal recognition
Local certification without legal force
Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)
Other countries where same-sex unions are not legally recognized |
| Legal status of adoption by same-sex couples by country or territory |
|---|
| LGBTQ service in national militaries by country or territory |
|---|
| Employment discrimination laws by sexual orientation or gender identity by country or territory |
|---|
|
Sexual orientation and gender identity: all employment Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment Sexual orientation: all employment Gender identity: all employment Sexual orientation and gender identity: federal public employment and federal contractors Sexual orientation and gender identity: public employment Sexual orientation: public employment No national-level employment laws covering sexual orientation or gender identity |
| Anti-discrimination laws covering goods and services by sexual orientation and/or gender identity by country or territory |
|---|
|
Sexual orientation and gender identity covered Sexual orientation covered Gender identity covered No national or local level anti-discrimination laws covering sexual orientation and/or gender identity in goods and services |
| Constitutional discrimination laws by sexual orientation and/or gender identity by country or territory |
|---|
| LGBTQ hate crime laws by country or territory |
|---|
| Incitement to hatred based on sexual orientation and gender identity prohibited by country or territory |
|---|
| Legal status on conversion therapy for minors on the basis of sexual orientation and gender identity by country or territory |
|---|
|
Ban on conversion therapy on the basis of sexual orientation and gender identity
De facto ban on conversion therapy
No ban on conversion therapy |
| Immigration equality by country or territory[citation needed] |
|---|
| Bans on same-sex unions by country or territory |
|---|
|
No specific prohibition of same-sex marriages or unions Same-sex marriage banned by secular constitution Same-sex marriage banned by constitutionally mandated religious law |
| Blood donation policies for men who have sex with men by country or territory |
|---|
|
Men who have sex with men may donate blood; No deferral
Men who have sex with men may donate blood; Temporary deferral
Men who have sex with men may not donate blood; Permanent deferral
No Data |
| Blood donation policies for female sex partners of men who have sex with men by country or territory[needs update] |
|---|
|
Female sex partners of men who have sex with men may donate blood; No deferral
Female sex partners of men who have sex with men may donate blood; Temporary deferral
Female sex partners of men who have sex with men may not donate blood; Permanent deferral
No Data |
| Laws concerning gender identity-expression by country or territory |
|---|
| Legal recognition of non-binary genders and third gender |
|---|
Note: A country in this list is to be presumed to have equalized the age of consent at the same time as it decriminalized homosexual acts, unless otherwise noted.
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars. |
|||||||
(Autonomous community of Spain) |
+ UN decl. sign. |
||||||
(Autonomous city of Spain) |
+ UN decl. sign. |
||||||
Penalty: Up to 17 years imprisonment. |
| ||||||
Penalty: Up to 5 years in jail. |
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(Autonomous region of Portugal) |
+ UN decl. sign. |
||||||
(Autonomous city of Spain) |
+ UN decl. sign. |
||||||
(including Moroccan-occupied Western Sahara) |
Penalty: Up to 3 to 6 years imprisonment with hard labour. |
||||||
(Disputed territory; only Free Zone) |
|||||||
Penalty: Life imprisonment for a third offense of anal sex. |
|||||||
Penalty: 3 years imprisonment. |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Equal age of consent since 2018. |
|||||||
Penalty: 2 to 5 years imprisonment. |
|||||||
+ UN decl. sign. |
|||||||
Penalty: Up to life imprisonment. |
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Penalty: Up to 3 years imprisonment (repeal proposed) |
|||||||
Penalty: 6 months to 10 years imprisonment. (rarely enforced) |
|||||||
+ UN decl. sign. |
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Age of consent discrepancy |
|||||||
Penalty: 1 year imprisonment. (repeal proposed) |
|||||||
Penalty: 7 years imprisonment and a fine of 500,000 francs. |
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Penalty (de jure): Execution for men, (not enforced, under moratorium), up to 2 years in prison and fines for women (de facto): up to 2 years in prison and a fine. |
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Penalty: 5 to 10 years imprisonment and a fine of up to 100,000,000 francs. |
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Illegal since 1 June 1916 (Colony and Protectorate of Nigeria) Penalty: Up to 14 years imprisonment. |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
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Penalty: Up to 10 years imprisonment. |
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Penalty: Up to life imprisonment (not enforced, repeal disputed). + UN decl. sign. |
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Penalty: 1 to 3 years imprisonment and fines. (rarely enforced, repeal proposed) |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: Up to 5 years imprisonment and fines. (repeal proposed) |
|||||||
+ UN decl. sign. |
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Penalty: 3 months to 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) |
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Age of consent discrepancy |
|||||||
Age of consent discrepancy, + UN decl. sign. |
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+ UN decl. sign. |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: 3 months to 2 years imprisonment and fines. (repeal disputed) |
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Penalty: Up to 7 years imprisonment. (rarely enforced) |
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Penalty: Up to 15 years. (repeal disputed) |
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Penalty: up to 14 years imprisonment. (repeal proposed) |
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+ UN decl. sign. |
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Penalty: Up to 3 years prison. |
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(Disputed territory) |
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Penalty: Up to 10 years imprisonment. (not enforced) |
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Illegal since 1 January 1900 (as part of the Sultanate of Zanzibar) Penalty: 30 years to life imprisonment. (repeal disputed) |
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Female illegal since 8 December 2000 |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: 5 years imprisonment and fines. (not enforced) |
|||||||
(Overseas territory of France) |
(No laws against same-sex sexual activity have ever existed in the territory) |
||||||
(No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy |
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(Overseas region of France) |
(No laws against same-sex sexual activity have ever existed in the region) |
||||||
+ UN decl. sign. |
Has no military | ||||||
(Overseas region of France) |
|||||||
+ UN decl. sign. |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: Unknown |
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Female always legal |
|||||||
Penalty: Up to 14 years imprisonment, with or without corporal punishment for men. Up to 5 years imprisonment for women (rarely enforced, repeal proposed) |
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Female always legal; equal age of consent since 2007 + UN decl. sign. |
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Penalty: 14 years to life imprisonment. (repeal proposed) |
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Female illegal since 2006 Penalty: Up to 1 year imprisonment with fines (repeal proposed) |
| LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
Civil unions in Quebec (2002); Adult interdependent relationships in Alberta (2003); Common-law relationships in Manitoba (2004) |
||||||
(Autonomous Territory within the Kingdom of Denmark) |
+ UN decl. sign. |
joint adoption since 2016 |
|||||
+ UN decl. sign. |
|||||||
(Overseas collectivity of France) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013). |
Transgender people previously allowed to serve openly, but restrictions have been placed on those with a history of gender dysphoria. "Transvestites" are currently banned from the military since 2012. Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites". |
More extensive protections exist in 23 states, DC, and some municipalities. Conversion therapy for minors is banned in 22 states, DC, and some municipalities. Sexual orientation is covered by the federal hate crime law since 2009. |
Nonbinary gender markers are available, under varying circumstances, in 25 states + DC. Employment discrimination on the basis of gender identity is prohibited nationwide since 2020. More extensive protections exist in 22 states, DC, and some municipalities. |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
Has no military | ||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
Has no military |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Overseas Territory of the United Kingdom) |
Age of consent discrepancy + UN decl. sign. |
||||||
(Constituent country of the Kingdom of the Netherlands) |
+ UN decl. sign. |
||||||
Age of consent discrepancy + UN decl. sign. |
|||||||
(a special municipality of the Netherlands) |
+ UN decl. sign. |
||||||
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
(Overseas Territory of the United Kingdom) |
Age of consent discrepancy + UN decl. sign. |
||||||
+ UN decl. sign. |
|||||||
(Constituent country of the Kingdom of the Netherlands) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
Has no military | ||||||
+ UN decl. sign. |
|||||||
Penalty: 10-year prison sentence (not enforced). Legalization proposed |
Has no military | ||||||
(Overseas department of France) |
+ UN decl. sign. |
||||||
| Has no military | |||||||
Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed |
|||||||
(Overseas department of France) |
+ UN decl. sign. |
||||||
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
(Commonwealth of the United States) |
|||||||
(a special municipality of the Netherlands) |
+ UN decl. sign. |
||||||
(Overseas collectivity of France) |
+ UN decl. sign. |
||||||
| Has no military | |||||||
(Overseas collectivity of France) |
+ UN decl. sign. |
||||||
Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed |
Has no military | ||||||
(a special municipality of the Netherlands) |
+ UN decl. sign. |
||||||
(Constituent country of the Kingdom of the Netherlands) |
+ UN decl. sign. |
||||||
Penalty: Up to 5-year prison sentence (not enforced, Court of Appeal ruling that reinstated buggery and gross indecency laws; previously struck down by lower court in 2018; appeal to Privy Council pending.) |
|||||||
(Overseas Territory of the United Kingdom) |
Age of consent discrepancy + UN decl. sign. |
||||||
(Territory of the United States) |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
Cohabitation unions nationwide since 2015 |
pending nationwide. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
Transgender persons have a law reserving 1% of Argentina's public sector jobs. Economic incentives included in the new law aim to help trans people find work in all sectors. | ||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999 |
||||||
+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
Transgender persons can change their registral sex and name, no surgeries or judicial order for adults above 18 years old since 2019. | |||||
+ UN decl. sign. |
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+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
(Overseas department of France) |
+ UN decl. sign. |
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Penalty: Up to life imprisonment (Not enforced). Legalization proposed |
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+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2022 |
||||||
+ UN decl. sign. |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Antarctica may experience different rights depending on their nationality.
As Antarctica has no resident human population, the human presence there is limited to short-term research or sporting expeditions. The Antarctic Treaty System provides that all legal rights in Antarctica are governed by those of the person's home nation, and do not change based on which country's Antarctic territorial claim the person happens to be present in at any given time.
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Including occupied territories such as Crimea) |
(de-facto illegal and punishment up to death in Chechnya) |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: up to 2 years imprisonment. |
|||||||
Penalty: up to 3 years imprisonment. |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Disputed territory) |
|||||||
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
|||||||
+ UN decl. sign. |
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Penalty: 74 lashes for immature men and death penalty for mature men (although there are documented cases of minors executed because of their sexual orientation). For women, 100 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction. |
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+ UN decl. sign. |
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Penalty: Up to 1 year imprisonment (unenforced). |
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(Disputed territory) |
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Penalty: Fines and prison sentence up to 3 years (only enforced when dealing with "public scandal"). |
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| West Bank: Gaza: No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct |
West Bank: Gaza: |
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Penalty: Fines, up to 7 years imprisonment Death penalty for Muslims. |
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|
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(Disputed territory) |
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Penalty: Up to 3 years imprisonment. |
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Penalty: Maximum: Capital punishment Minimum: Lashings, imprisonment and fines |
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Penalty: Unmarried men punished with 100 lashes of the whip or a maximum of one year of imprisonment, stoning for adultery is not enforced. Women punished up to three years of imprisonment. |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: Death penalty |
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Penalty: 10 years to life imprisonment (Occasionally enforced). |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
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Penalty: Up to 8 years imprisonment, house arrest, lashings and fines. (unenforced) LGBTQ welcomed in tourist islands. |
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+ UN decl. sign. |
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Penalty: 2 years to life sentence (Occasionally enforced). |
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Penalty: Up to 10 years imprisonment with fines. (Ruled unenforceable by the Supreme Court) Legalization proposed |
| LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
legal gender change possible since 2002. Since 2022, legal gender change allowed with only partial sex reassignment surgery. Difficulty remains to change gender information on diplomas and degrees. | |||||||
| The central government of China is responsible for the defense of Hong Kong. | |||||||
+ UN decl. sign. |
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| The central government of China is responsible for the defence of Macau. | |||||||
+ UN decl. sign. |
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+ UN decl. sign. |
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| LGBT rights in | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
Penalty: Death by stoning (in abeyance, de jure), 7 year imprisonment and 100 lashes for men (de facto). Caning and 10 years prison for women. |
Laws prohibit forms of gender expression. | ||||||
Penalty: Up to 1.5 years imprisonment |
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Federal criminal law: Illegal since 1871, up to 20 years imprisonment and caning for anal sex (male/male or male/female); State shariah law: Gay sex or lesbian sex, or both, are illegal for Muslims in all states and federal territories, except in Pahang. |
Forms of gender expression are criminalized for Muslims under state shariah law. | ||||||
Penalty: Up to 10 years in prison (unenforced). |
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+ UN decl. sign. |
Nationwide anti-bullying law for basic education students. |
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+ UN decl. sign. |
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+ UN decl. sign. |
but same-sex couples can not adopt |
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+ UN decl. sign. |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
joint adoption legal in 17/27 member states |
4/27 states ban some anti-gay discrimination. 23/27 states ban all anti-gay discrimination |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
joint adoption since 2016 |
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+ UN decl. sign. |
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Legal in West Germany since 1969; equal age of consent since 1988 in East Germany and since 1994 in unified Germany + UN decl. sign. |
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+ UN decl. sign. |
| ||||||
+ UN decl. sign. |
joint adoption since 2023 |
Has no military | |||||
+ UN decl. sign. |
Marriages performed in other EU countries recognised under EU Law |
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+ UN decl. sign. |
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+ UN decl. sign. |
Registered partnerships since 2017 |
joint adoption since 2022 |
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Legal in the cantons of Geneva (as part of France), Ticino, Valais, and Vaud since 1798; equal age of consent since 1990 + UN decl. sign. |
Nationwide from 2007 until 2022 (superseded by marriage) |
joint adoption since 2022 |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Disputed territory) |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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Female always legal (de-facto illegal in Chechnya) |
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(Disputed territory) |
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(Disputed territory) |
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+ UN decl. sign. |
Establishment of the fact of cohabitation as a family (de facto marital relationship) by court order since 2026 |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
joint adoption since 2010 |
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+ UN decl. sign. |
joint adoption since 2024 |
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(Autonomous Territory within the Kingdom of Denmark) |
+ UN decl. sign. |
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+ UN decl. sign. |
joint adoption since 2017 |
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(As part of Denmark) + UN decl. sign. |
Registered partnerships from 1996 to 2010 (existing partnerships are still recognised) |
No standing army | |||||
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
joint adoption since 2009 |
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+ UN decl. sign. |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
Has no military | ||||||
+ UN decl. sign. |
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+ UN decl. sign. |
| ||||||
+ UN decl. sign. |
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+ UN decl. sign. |
Gender change not legal. | ||||||
(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(as part of Yugoslavia); equal age of consent since 2004 |
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+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
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+ UN decl. sign. |
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+ UN decl. sign. |
Gender change is legally recognized since 2021 | ||||||
(Disputed territory) |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal nationwide since 2023. |
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| Has no military |
| LGBT rights in | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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Legal in Savoy since 1792; equal age of consent since 1982 + UN decl. sign. |
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(Crown Dependency of the United Kingdom) |
+ UN decl. sign. |
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Female always legal + UN decl. sign. |
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(Crown Dependency of the United Kingdom) |
+ UN decl. sign. |
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(Crown Dependency of the United Kingdom) |
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(including territories of |
+ UN decl. sign. |
Domestic partnerships in Tasmania (2004), South Australia (2007), Victoria (2008), New South Wales (2010), and Queensland (2012); Civil unions in the Australian Capital Territory (2012) |
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(external territory of Australia) |
+ UN decl. sign. |
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+ UN decl. sign. |
Civil unions since 2005 |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 |
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(Special collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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Penalty: 3 to 14 years imprisonment (Rarely enforced, Legalization proposed). |
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Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed). |
Has no military | ||||||
(No laws against same-sex sexual activity have ever existed since independence) + UN decl. sign. |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression | Lack of a Presence of Anti-LGBT laws |
|---|---|---|---|---|---|---|---|---|
(Unincorporated territory of the United States) |
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+ UN decl. sign. |
Has no military | |||||||
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed). |
Has no military | |||||||
+ UN decl. sign. |
Has no military | |||||||
+ UN decl. sign. |
Has no military | Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016 |
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(Unincorporated territory of the United States) |
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+ UN decl. sign. |
Has no military | |||||||
(Unincorporated territories of the United States) |
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
(Unincorporated territory of the United States) |
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(Part of the Realm of New Zealand) |
+ UN decl. sign. |
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(Special territory of Chile) |
+ UN decl. |
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 |
No surgeries or judicial order since 2019. | ||||
(Overseas collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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(Constituent state of the United States) |
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(Part of the Realm of New Zealand) |
+ UN decl. sign. |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign. |
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Penalty: 5-7 years imprisonment (Not enforced, Legalization proposed) + UN decl. sign. |
Has no military | Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007 |
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(Dependent territory of the Realm of New Zealand) |
+ UN decl. sign. |
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Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed). |
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Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed) + UN decl. sign. |
Has no military | ||||||
(Overseas collectivity of France) |
(No laws against same-sex sexual activity have ever existed in the collectivity) + UN decl. sign. |
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distinct social and economic roles once existed for women thought to belong to a third gender. Hidden in history, these women dressed in men's clothing, served as porters and personal bodyguards to kings and queens, and even took an active role in sex with women.
The bill ... will come into effect only if President Nana Akufo-Addo signs it into law.
Chief Justice Gertrude Torkornoo ... adjourn[ing the] first ... hearing on the challenges without setting a new date further delays any resolution on a bill that, if signed into law ...
{{cite web}}: CS1 maint: url-status (link){{cite web}}: CS1 maint: deprecated archival service (link)This amendment to the penal code entailed a de jure decriminalization of sodomy since, in 1963, the Israeli Supreme Court had already issued a de facto decriminalization, ruling that the anti-sodomy law (which dated back to the British Mandate of Palestine; Mandatory Criminal Ordinance of 1936) could not be prosecuted (Yosef Ben-Ami vs. The Attorney General of Israel, 224/63).
The second major stress on soldiers is their highly restricted social life. During their initial ten years of service they are not permitted to marry, which means that they are supposed to postpone sexual activity until their late twenties.
Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.
W dotychczasowym orzecznictwie Sądu Najwyższego, wypracowanym i ugruntowanym zarówno w okresie obowiązywania poprzedniego, jak i obecnego Kodeksu postępowania karnego, a także w doktrynie (por. wypowiedzi W. Woltera, A. Zolla, A. Wąska), pojęcie "wspólne pożycie" odnoszone jest wyłącznie do konkubinatu, a w szczególności do związku osób o różnej płci, odpowiadającego od strony faktycznej stosunkowi małżeństwa (którym w myśl art. 18 Konstytucji jest wyłącznie związek osób różnej płci). Tego rodzaju interpretację Sąd Najwyższy, orzekający w niniejszej sprawie, w pełni podziela i nie znajduje podstaw do uznania za przekonywujące tych wypowiedzi pojawiających się w piśmiennictwie, w których podejmowane są próby kwestionowania takiej interpretacji omawianego pojęcia i sprowadzania go wyłącznie do konkubinatu (M. Płachta, K. Łojewski, A.M. Liberkowski). Rozumiejąc bowiem dążenia do rozszerzającej interpretacji pojęcia "wspólne pożycie", użytego w art. 115 § 11 k.k., należy jednak wskazać na całkowity brak w tym względzie dostatecznie precyzyjnych kryteriów.
Polska Konstytucja określa bowiem małżeństwo jako związek wyłącznie kobiety i mężczyzny. A contrario nie dopuszcza więc związków jednopłciowych. [...] Małżeństwo (jako związek kobiety i mężczyzny) uzyskało w prawie krajowym RP odrębny status konstytucyjny zdeterminowany postanowieniami art. 18 Konstytucji. Zmiana tego statusu byłaby możliwa jedynie przy zachowaniu rygorów trybu zmiany Konstytucji, określonych w art. 235 tego aktu.
W doktrynie prawa konstytucyjnego wskazuje się nadto, że jedyny element normatywny, dający się odkodować z art. 18 Konstytucji, to ustalenie zasady heteroseksualności małżeństwa.
Ustawa o świadczeniach zdrowotnych finansowanych ze środków publicznych nie wyjaśnia, co prawda, kto jest małżonkiem. Pojęcie to zostało jednak dostatecznie i jasno określone we wspomnianym art. 18 Konstytucji RP, w którym jest mowa o małżeństwie jako o związku kobiety i mężczyzny. W piśmiennictwie podkreśla się, że art. 18 Konstytucji ustala zasadę heteroseksualności małżeństwa, będącą nie tyle zasadą ustroju, co normą prawną, która zakazuje ustawodawcy zwykłemu nadawania charakteru małżeństwa związkom pomiędzy osobami jednej płci (vide: L. Garlicki Komentarz do art. 18 Konstytucji, s. 2-3 [w:] Konstytucja Rzeczypospolitej Polskiej. Komentarz, Wydawnictwo Sejmowe, Warszawa 2003). Jest wobec tego oczywiste, że małżeństwem w świetle Konstytucji i co za tym idzie – w świetle polskiego prawa, może być i jest wyłącznie związek heteroseksualny, a więc w związku małżeńskim małżonkami nie mogą być osoby tej samej płci.
art. 18 Konstytucji RP, który definiuje małżeństwo jako związek kobiety i mężczyzny, a tym samym wynika z niego zasada nakazująca jako małżeństwo traktować w Polsce jedynie związek heteroseksualny.
the drafters of the 1997 Polish Constitution included a legal definition of a marriage as the union of a woman and a man in the text of the constitution in order to ensure that the introduction of same-sex marriage would not be passed without a constitutional amendment.
Z przeprowadzonej powyżej analizy prac nad Konstytucją RP wynika jednoznacznie, że zamieszczenie w art. 18 Konstytucji RP zwrotu definicyjnego "związek kobiety i mężczyzny" stanowiło reakcję na fakt pojawienia się w państwach obcych regulacji poddającej związki osób tej samej płci regulacji zbliżonej lub zbieżnej z instytucją małżeństwa. Uzupełniony tym zwrotem przepis konstytucyjny "miał pełnić rolę instrumentu zapobiegającego wprowadzeniu takiej regulacji do prawa polskiego" (A. Mączyński, Konstytucyjne podstawy prawa rodzinnego, s. 772). Innego motywu jego wprowadzenia do Konstytucji RP nie da się wskazać (szeroko w tym zakresie B. Banaszkiewicz, "Małżeństwo jako związek kobiety i mężczyzny", s. 640 i n.; zob. też Z. Strus, Znaczenie artykułu 18 Konstytucji, s. 236 i n.). Jak zauważa A. Mączyński istotą tej regulacji było normatywne przesądzenie nie tylko o niemożliwości unormowania w prawie polskim "małżeństw pomiędzy osobami tej samej płci", lecz również innych związków, które mimo tego, że nie zostałyby określone jako małżeństwo miałyby spełniać funkcje do niego podobną (A. Mączyński, Konstytucyjne podstawy prawa rodzinnego, s. 772; tenże, Konstytucyjne i międzynarodowe uwarunkowania, s. 91; podobnie L. Garlicki, Artykuł 18, w: Garlicki, Konstytucja, t. 3, uw. 4, s. 2, który zauważa, że w tym zakresie art. 18 nabiera "charakteru normy prawnej").
Constitutional bans on same-sex marriage are now applicable in ten European countries: Article 32, Belarus Constitution; Article 46 Bulgarian Constitution; Article L Hungarian Constitution, Article 110, Latvian Constitution; Article 38.3 Lithuanian Constitution; Article 48 Moldovan Constitution; Article 71 Montenegrin Constitution; Article 18 Polish Constitution; Article 62 Serbian Constitution; and Article 51 Ukrainian Constitution.
Article 18 of the Polish Constitution limits the institution of marriage to opposite-sex couples.
The amendments [...] changed the phrase "homosexual orientation" to "sexual orientation"
Gesetz zur Einführung des gesetzlichen Zusammenwohnens
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