Page semi-protected

LGBT rights by country or territory

From Wikipedia, the free encyclopedia
  (Redirected from LGBT Rights)
Jump to navigation Jump to search

LGBT rights worldwide
A color photograph of the Stonewall Inn, taken in the summer of 2016; the doorway and windows are decorated with rainbow flags
The Stonewall Inn in the gay village of Greenwich Village, Manhattan, site of the June 1969 Stonewall riots, the cradle of the modern LGBT rights movement.[1][2][3]
Location
Worldwide
Caused byHomophobia and transphobia
GoalsIncreasing legal rights for LGBT people
Increasing acceptance of LGBT people
Countering internalized homophobia and internalized transphobia
MethodsCivil resistance
Coming out
Consciousness raising
Direct action
Resulted inSuccess at many of the aims
Legalized same-sex marriage and other LGBT rights in some jursidictions
Backlash
Continuing widespread homophobia and transphobia
Worldwide laws regarding same-sex intercourse and freedom of expression and association
Same-sex intercourse legal
  
Marriage1
  
Marriage recognized but not performed1
  
Civil unions1
  
Limited legal recognition1
  
Same-sex unions not recognized
  
Laws restricting freedom of expression and association
Same-sex intercourse illegal
  
Unenforced penalty2
  
Imprisonment
  
Life imprisonment
  
Death penalty
Rings indicate areas where local judges have granted or denied marriages or imposed the death penalty in a jurisdiction where that is not otherwise the law or areas with a case-by-case application.
1Some jurisdictions in this category may currently have other types of partnerships.
2No arrests in the past three years or moratorium on law.
LGBT rights at the United Nations
  
Support States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011
  
Oppose States which supported an opposing declaration in 2008 and continued their opposition in 2011
  
Neither States which did not support either declaration
  
Subsequent member South Sudan, which was not a member of the United Nations in 2008
  
Non-member states States that are not voting members of the United Nations

Laws affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction — encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Laws that affect LGBT people include, but are not limited to, the following:

Notably, as of 2019, 27 countries recognized same-sex marriage. By contrast, 14 countries or jurisdictions impose the death penalty for homosexuality. These include Afghanistan, Brunei, Iran, Mauritania, Pakistan, Qatar, Saudi Arabia, Sudan, Yemen, the United Arab Emirates and parts of Nigeria, Somalia, Syria and Iraq.[4]

In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, following which the Office of the United Nations High Commissioner for Human Rights issued a report documenting violations of the rights of LGBT 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 LGBT rights.[5][6]

History of LGBT-related laws

Ancient Celts

According to Aristotle, although most "belligerent nations" were strongly influenced by their women, the Celts were unusual because their men openly preferred male lovers (Politics II 1269b).[7][8] H. D. Rankin in Celts and the Classical World notes that "Athenaeus echoes this comment (603a) and so does Ammianus (30.9). It seems to be the general opinion of antiquity."[8] In book XIII of his Deipnosophists, the Roman Greek rhetorician and grammarian Athenaeus, repeating assertions made by Diodorus Siculus in the 1st century BC (Bibliotheca historica 5:32), wrote that Celtic women were beautiful but that the men preferred to sleep together. Diodorus went further, stating that "the young men will offer themselves to strangers and are insulted if the offer is refused". Rankin argues that the ultimate source of these assertions is likely to be Poseidonius and speculates that these authors may be recording "some kind of bonding ritual ... which requires abstinence from women at certain times".[8]

Ancient India

Throughout Hindu and Vedic texts, there are many descriptions of saints, demigods, and even the Supreme Lord transcending gender norms and manifesting multiple combinations of sex and gender.[9] Alka Pande says that alternate sexuality was an integral part of ancient India and homosexuality was considered to be a form of the sacred, drawing upon the examples of the hermaphrodite Shikhandi and Arjuna who became a eunuch. Ruth Vanita argues that ancient India was relatively tolerant and views on it were ambiguous, from acceptance to rejection.[10]

Some Hindu texts mention homosexuality and support them. The Kamasutra mentions homosexuality as a type of sexual pleasure. There are also legends of Hindu gods change gender or are hermaphrodites and engage in relations that would be considered homoerotic in the other case.[11] Homosexuality was also practiced in the royal families especially with servants[12]. Kamasutra also mentions the "svairini" who used to live by herself or with another woman.[13] The king Bhagiratha is described as being born of sexual union of two queens of the king Dilip, however there is also a patriarchal background represented as the king left no heir and his younger wife took on the role of a man.[14]

Ayoni or non-vaginal sex of all types are punishable in the Arthashastra. Homosexual acts are however treated as a smaller offence punishable by a fine while unlawful heterosexual sex have much harsher punishment. The Dharmsastras especially the later ones prescribed against non-vaginal sex like the Vashistha Dharmasutra. The Yājñavalkya Smṛti prescribes fines for such acts including those with other men. Manusmriti prescribes light punishments for such acts.[15][16] Vanita states that the verses about punishment for a sex between female and a maiden is due to its strong emphasis on a maiden's sexual purity.[17]

The Narada Purana in 1.15.936 states that those who have non-vaginal intercourse will go to Retobhojana where they have to live on semen. Ruth Vanita states that the punishment in afterlife suggested by it is comical and befitting the act. The Skanda Purana states that those who indulge in such acts will acquire impotency.[18]

There are many tales in Hindu mythology interpreted as representing transsexual people, cross-dressers, bonding women and accounts interpreted to have elements of lesbian relations. These include Brihannala, Shikhandi, the goddess Mohini. Also in the Ramayana, Lord Shiva transforms into a woman to play with Parvati in the tale of Ila. The king Yuvanaswa is shown as giving birth to a boy. A few temples represent homosexual relations in their architecture. The most prominent example are that of Khajuraho.[19]

Ancient West Asia

Ancient Israel

The ancient Law of Moses (the Torah) forbids men lying with men (intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis in the story of Sodom and Gomorrah, the cities being soon destroyed after that. The death penalty was prescribed. In Deuteronomy 22:5, cross-dressing is condemned as being "abominable".

Ancient Persia

In Persia, homosexuality and homoerotic expressions were tolerated in numerous public places, from monasteries and seminaries to taverns, military camps, bathhouses, and coffee houses. In the early Safavid era (1501–1723), male houses of prostitution (amrad khane) were legally recognized and paid taxes. Persian poets, such as Sa'di (d. 1291), Hafiz (d. 1389), and Jami (d. 1492), wrote poems replete with homoerotic allusions. The two most commonly documented forms were commercial sex with transgender young males or males enacting transgender roles exemplified by the köçeks and Sufi spiritual practices in which the practitioner admired the form of a beautiful boy in order to enter ecstatic states and glimpse the beauty of God.

Assyria

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual.[20] 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.[20][21] 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".[22][23] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.[24][25]

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."[26][27][28] 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.[29]

Ancient Rome

The "conquest mentality" of the ancient Romans shaped Roman homosexual practices.[30] In the Roman Republic, a citizen's political liberty was defined in part by the right to preserve his body from physical compulsion or use by others;[31] for the male citizen to submit his body to the giving of pleasure was considered servile.[32] As long as a man played the penetrative role, it was socially acceptable and considered natural for him to have same-sex relations, without a perceived loss of his masculinity or social standing.[33] 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.[34] 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.

"Homosexual" and "heterosexual" were thus not categories of Roman sexuality, and no words exist in Latin that would precisely translate these concepts.[35] 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, who were presumably "homosexual" in the modern sense.[36] 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.[37]

Roman law addressed the rape of a male citizen as early as the 2nd century BC, when a ruling was issued in a case that may have involved a man of same-sex orientation. 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.[38] 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.[39] 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.[40]

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,[41] as a violation of military discipline.[42] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "those who in youth have abused their persons" as subject to the fustuarium, clubbing to death.[43] 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.[44] Soldiers were free to have relations with their male slaves;[45] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[46] 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.[47]

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.[48] 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.[49]

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.[50] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[51] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.[52]

Congo

E. E. Evans-Pritchard recorded that in the past male Azande warriors in the northern Congo routinely took on young male lovers between the ages of twelve and twenty, who helped with household tasks and participated in intercrural sex with their older husbands. The practice had died out by the early 20th century, after Europeans had gained control of African countries, but was recounted to Evans-Pritchard by the elders to whom he spoke.[53]

Feudal Japan

In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The younger partner in a pederastic relationship often was expected to make the first move; the opposite was true in ancient Greece. In religious circles, same-sex love spread to the warrior (samurai) class, where it was customary for a boy in the wakashū age category to undergo training in the martial arts by apprenticing to a more experienced adult man. The man was permitted, if the boy agreed, to take the boy as his lover until he came of age; this relationship, often formalized in a "brotherhood contract",[54] was expected to be exclusive, with both partners swearing to take no other (male) lovers. The Samurai period was one in which homosexuality was seen as particularly positive. Later when Japanese society became pacified, the middle classes adopted many of the practices of the warrior class.

Lesotho

Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in socially sanctioned "long term, erotic relationships" called motsoalle.[55]

Papua New Guinea

In Papua New Guinea, same-sex relationships were an integral part of the culture of certain tribes until the middle of the last century. The Etoro and Marind-anim for example, even viewed heterosexuality as wasteful and celebrated homosexuality instead. They believed that in sharing semen, they are sharing their life force, yet women simply wasted this force any time they didn't get pregnant after sex. In many traditional Melanesian cultures a prepubertal boy would be paired with an older adolescent who would become his mentor and who would "inseminate" him (orally, anally, or topically, depending on the tribe) over a number of years in order for the younger to also reach puberty.[56]

Global LGBT rights maps

Timeline

Decriminalization of homosexuality timeline
Countries/Territories/States
Never been illegal
18th century
19th century
20th century
21st century


LGBT-related laws by country or territory

Africa

List of countries or territories by LGBT rights in Africa
This table:

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Algeria Algeria No Illegal since 1966
Penalty: Fine and up to 2 years imprisonment.[58][59]
No No No No No No
Canary Islands Canary Islands
(Autonomous community of Spain)
Yes Legal since 1979
+ UN decl. sign.[58]
Yes De facto unions legal since 2003[60] Yes Legal since 2005[61] Yes Legal since 2005[62][63] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[64] Yes Since 2007, all documents can be amended to the recognised gender[65]
Ceuta Ceuta
(Autonomous city of Spain)
Yes Legal since 1979
+ UN decl. sign.[58]
Yes De facto union since 1998[66] Yes Legal since 2005[67] Yes Legal since 2005[68] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[69] Yes Since 2007, all documents can be amended to the recognised gender[65]
Egypt Egypt No Male de jure legal, but de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[58][70]
No No No No No No
Libya Libya No De facto: illegal: Islamic Sharia Law is applied

De jure: Not specifically outlawed
Penalty: Up to 4 years in jail or death[71][72]

No No No No No No
Madeira Madeira
(Autonomous region of Portugal)
Yes Legal since 1983
+ UN decl. sign.[58]
Yes De facto union since 2001[73][74] Yes Legal since 2010[75] Yes Legal since 2016[76][77][78] Yes Portugal responsible for defence Yes Bans all anti-gay discrimination.[64] Yes Since 2011, all documents can be amended to the recognised gender[79]
Melilla Melilla
(Autonomous city of Spain)
Yes Legal since 1979
+ UN decl. sign.[58]
Yes De facto union since 2008[80] Yes Legal since 2005[67] Yes Legal since 2005[68] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[69] Yes Since 2007, all documents can be amended to the recognised gender[65]
Morocco Morocco
(including Southern Provinces)
No Illegal since 1962
Penalty: Up to 3 years imprisonment.[58][81]
No No No No No No
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Disputed territory; excluding Southern Provinces)
No Illegal since 1944 (as part of the Overseas Province of Spanish Sahara)
Penalty: Up to 3 years imprisonment.[58][82][83]
No No No No No No
South Sudan South Sudan No Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment.[58][59]
No No Constitutional ban since 2011[citation needed] No No No No
Sudan Sudan No No Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Death penalty on third offense for men and on fourth offense for women.[58]
No No No No No No
Tunisia Tunisia No Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[58][84]
Legalization proposed[85]
No No No No No No

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Benin Benin Yes Legal (No laws against same-sex sexual activity have ever existed in the country);[58][86]
Age of consent discrepancy[58]
No No No No No No
Burkina Faso Burkina Faso Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58] No No Constitutional ban since 1991 No No No No
Cape Verde Cape Verde Yes Legal since 2004
+ UN decl. sign.[58]
No No No No Yes Bans some anti-gay discrimination[58] No
The Gambia Gambia No Illegal since 1888 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[58][87][59]
No No No No No No
Ghana Ghana No Male illegal since 1860s (as the Gold Coast)
Penalty: 10 years imprisonment or more.
Yes Female always legal[58][88][59]
No No No No No No
Guinea Guinea No Illegal since 1988
Penalty: 6 months to 3 years imprisonment.[58]
No No No No No No
Guinea-Bissau Guinea-Bissau Yes Legal since 1993[58]
+ UN decl. sign.
No No No No No No
Ivory Coast Ivory Coast Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[58]
No No No No No No
Liberia Liberia No Illegal since 1976
Penalty: 1 year imprisonment.[58][89]
No No No No No No
Mali Mali Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58] No No No No No No
Mauritania Mauritania No Illegal: Islamic Sharia Law is applied
Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[58][90]
No No No No No No
Niger Niger Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[58]
No No No No No No
Nigeria Nigeria No Illegal under federal law since 1901 (as the Northern Nigeria Protectorate and the Southern Nigeria Protectorate)
Penalty: Up to 14 years imprisonment.
No Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara.[58][91][59]
No No No No No No
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[58]
Yes Legal since 2017 Yes Legal since 2017[92][93] Yes Legal since 2017 Yes UK responsible for defence Yes Bans all anti-gay on discrimination Emblem-question.svg
Senegal Senegal No Illegal since 1966
Penalty: 1 to 5 years imprisonment.[58][94]
No No No No No No
Sierra Leone Sierra Leone No Male illegal since 1861 (as the Sierra Leone Colony and Protectorate)
Penalty: Up to life imprisonment (Not enforced).
Yes Female always legal
+ UN decl. sign.[58]
No No No No No No
Togo Togo No Illegal since 1884 (as Togoland)
Penalty: Fine and 3 years imprisonment.[58][59]
No No No No No No

Central Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Cameroon Cameroon No Illegal since 1972
Penalty: Fines to 5 years imprisonment.[58][59]
No No No No No No
Central African Republic Central African Republic Yes Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.[58]
No No Constitutional ban since 2016[95] No No No No
Chad Chad No Illegal since 2017
Penalty: 3 months to 2 years imprisonment.
No No No No No No
Democratic Republic of the Congo Democratic Republic of the Congo Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58] No No Constitutional ban since 2005 No No No No
Republic of the Congo Republic of the Congo Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[58]
No No No No No No
Equatorial Guinea Equatorial Guinea Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58] No No No No No No
Gabon Gabon Yes Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.
No No No No No No
São Tomé and Príncipe São Tomé and Príncipe Yes Legal since 2012
+ UN decl. sign.[58]
No No No No No No

Southeast Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Burundi Burundi No Illegal since 2009
Penalty: fine, and 3 months to 2 years imprisonment.[58][96]
No No Constitutional ban since 2005 No No No No
Kenya Kenya No Illegal since 1897 (as the East Africa Protectorate)
Penalty: up to 14 years imprisonment.[58][59]
No No Constitutional ban since 2010[97] No No No No
Rwanda Rwanda Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58]
+ UN decl. sign.
No No Constitutional ban since 2003 No No No No
Tanzania Tanzania No Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment.[58][59]
No No No No No No
Uganda Uganda No Male illegal since 1894
name="autoSA"/>
Female illegal since 2000 Penalty: Life imprisonment, beatings, torture, or vigilante execution.<Gettleman, Jeffrey (8 November 2017). "David Kato, Gay Rights Activist, Is Killed in Uganda" – via www.nytimes.com.</ref>
No No Constitutional ban since 2005 No No No No

Horn of Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Djibouti Djibouti Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[58] No No No No No No
Eritrea Eritrea No Illegal
Penalty: Up to 3 years imprisonment.[58][98]
No No No No No No
Ethiopia Ethiopia No Illegal
Penalty: Up to 15 years.[58]
No No No No No No
Somalia Somalia No Illegal
Penalty: Up to death.[99]
No No No No No No
Somaliland Somaliland
(Disputed territory)
No Illegal
Penalty: Up to death.[99]
No No No No No No

Indian Ocean states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Comoros Comoros No Illegal
Penalty: 5 years imprisonment and fines.[58][100]
No No No No No No
French Southern and Antarctic Lands French Southern and Antarctic Lands
(Overseas territory of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the territory)[58]
Yes Civil solidarity pact since 1999 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Madagascar Madagascar Yes Legal
(No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[58]
No No No No No No
Mauritius Mauritius No Male illegal
Penalty: Up to 5 years imprisonment.
Yes Female always legal[101]
+ UN decl. sign.[58][102]
No No No No Yes Bans all anti-gay discrimination[103][104] No
Mayotte Mayotte
(Overseas region of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the region)[58]
Yes Civil solidarity pact since 1999 Yes [[[Same-sex marriage in France|Legal since 2013]] Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Réunion Réunion
(Overseas region of France)
Yes Legal since 1791[58] Yes Civil solidarity pact since 1999 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Seychelles Seychelles Yes Legal since 2016[105]
+ UN decl. sign.
No No No No Yes Bans some anti-gay discrimination[58] No

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Angola Angola Yes Legal since 2019 (presidential signature pending)[106] No No No No Yes Bans all anti-gay discrimination[107] Emblem-question.svg May possibly change gender under the Código do Registro Civil 2015[108]
Botswana Botswana No Legal since 2019 [109] No No No No Yes Bans some anti-gay discrimination Yes Legal gender change recognized as a constitutional right since 2017[110]
Eswatini Eswatini No Male illegal since the 1880s
Yes Female always legal[58][59]
No No No No No No
Lesotho Lesotho Yes Male legal since 2012
Female always legal[58]
No No No No No Emblem-question.svg May possibly change gender under the National Identity Cards Act 9 of 2011[111]
Malawi Malawi No Illegal since 1891 (as British Central Africa Protectorate)[112]
Penalty: Up to 14 years imprisonment, with or without corporal punishment for men
up to 5 years imprisonment for women (rarely enforced; suspending moratoruim legality disputed)[58][113][59]
No No No No No No
Mozambique Mozambique Yes Legal since 2015[114][115] No No No No Yes Bans some anti-gay discrimination[58][103] No
Namibia Namibia No Male illegal since 1920 (not enforced; repeal proposed)[59][116]
Yes Female always legal[58][117][118]
No No No No No Yes Under the Births, Marriages and Deaths Registration Act 81 of 1963[119]
South Africa South Africa Yes Male legal since 1998
Female always legal
+ UN decl. sign.[58]
Yes Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006 Yes Legal since 2006 Yes Legal since 2002 Yes Since 1998 Yes Bans all anti-gay discrimination Yes Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment
Zambia Zambia No Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment.[58][59]
No No No No No No
Zimbabwe Zimbabwe No Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Yes Female legal[58][59]
No No Constitutional ban since 2013 No No No No

Americas

List of countries or territories by LGBT rights in the Americas



Tables:

North America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bermuda Bermuda
(Overseas Territory of the United Kingdom)
Yes Legal since 1994;
Age of consent discrepancy
+ UN decl. sign.[58]
Yes Domestic partnerships since 2018[120] Yes Legal since November 2018 and between May 2017 and June 2018 Yes Legal since 2015[121] Yes UK responsible for defence No Bans all anti-gay discrimination[122] No
Canada Canada Yes Legal since 1969
+ UN decl. sign.[58][123]
Yes Domestic partnerships in Nova Scotia (2001);[124]
Civil unions in Quebec (2002);[125]
Adult interdependent relationships in Alberta (2003);[126]
Common-law relationships in Manitoba (2004)[127]
Yes Legal in some provinces and territories since 2003, nationwide since 2005[128] Yes Legal in some provinces and territories since 1996, nationwide since 2011[129] Yes Since 1992[130] Yes Bans all anti-gay discrimination. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Manitoba and Ontario since 2015, and Vancouver and Nova Scotia since 2018 Yes Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017[131][132][133][134]
Greenland Greenland
(autonomous constituent country of the Kingdom of Denmark)
Yes Legal since 1933
+ UN decl. sign.[58]
Yes Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.)[135] Yes Legal since 2016 Yes Stepchild adoption since 2009;[136]
joint adoption since 2016[137]
Yes Since 1978 (Denmark responsible for defense) Yes Bans some anti-gay discrimination[58] No
Mexico Mexico Yes Legal since 1871
+ UN decl. sign.[58]
Yes/No Civil unions in Mexico City (2007), Coahuila (2007),[138] Colima (between 2013 and 2016),[139] Campeche (2013),[140] Jalisco (between 2014 and 2018),[141] Michoacán (2015) and Tlaxcala (2017) Yes/No Legal in Mexico City (2010),[142] Quintana Roo (2012),[143] Coahuila (2014), Chihuahua (2015), Nayarit (2015), Jalisco (2016), Campeche (2016), Michoacán (2016), Colima (2016), Morelos (2016), Chiapas (2017), Puebla (2017), Baja California (2017), Nuevo León (2019), Aguascalientes (2019), San Luis Potosí (2019) and Hidalgo (2019)
All states are obliged to recognise same-sex marriages performed in states where it is legal.[142][144][145]
The Supreme Court has declared that it is unconstitutional to deny marriage licenses to same-sex couples in all states,[146] but as state laws were not invalidated, individual injunctions must still be obtained from the courts[147][148]
Yes/No Legal in Mexico City (2010),[149] Coahuila (2014), Chihuahua (2015), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017),[150][151] San Luis Potosí (2019)[152] and Hidalgo (2019)[153] Emblem-question.svg Yes Bans all anti-gay discrimination[154] Yes/No Transgender persons can change their legal gender and name in Mexico City (2008),[155] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019) and San Luis Potosí (2019)[156]
Flag of Saint-Pierre and Miquelon.svg Saint Pierre and Miquelon
(Overseas collectivity of France)
Yes Legal since 1791
+ UN decl. sign.[58]
Yes Civil solidarity pact since 1999[157] Yes Legal since 2013[158] Yes Legal since 2013[159] Yes Yes Bans all anti-gay discrimination[69] Yes Under French law[160]
United States United States Yes Legal in some states since 1962, nationwide since 2003
+ UN decl. sign.[58]
Yes Domestic partnerships in California (1999),[161] the District of Columbia (2002),[162] Maine (2004),[163] Oregon (2008),[164] Maryland (2008),[165] and Nevada (2009);[166]
Civil unions in New Jersey (2007),[167] Illinois (2011),[168] Hawaii (2012),[169] and Colorado (2013)[170]
Yes Legal in some states since 2004, nationwide since 2015[171] Yes Legal in some states since 1993, nationwide since 2016[172] Yes "Don't ask, don't tell" policy was abolished in 2011, meaning that since then LGB people have been allowed to serve openly in the military.[173]
Most transgender people are banned from serving since April 12, 2019 (can only serve in basis of biological sex)[citation needed][174][175][176]
Yes/No Federal executive order prohibiting discrimination based on sexual orientation for employees in the federal civilian workforce, along with government employment in the District of Columbia, and the United States Postal Service, since 1998 (see Executive Order 12968 and Executive Order 13087). Pathologization or attempted treatment of sexual orientation with minors by mental health professionals illegal in some states and territories.
Included in the federal hate crime law since 2009.
Sexual orientation discrimination banned in public and private employment in 24 states + D.C.
Yes/No Gender identity discrimination in healthcare insurance banned since 2012.[177][178]
Allowed to change gender under various conditions in 47 states + D.C.
Included in the federal hate crime law since 2009.
Gender identity discrimination banned in public and private employment in 23 states + D.C.

Central America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Belize Belize Yes Legal since 2016[179] No No No No Yes Bans all anti-gay discrimination[180][181][182] No[183]
Costa Rica Costa Rica Yes Legal since 1971
+ UN decl. sign.[58]
Yes Unregistered cohabitation since 2014[184][185] No/Yes To become legal by May 2020 No To become legal by May 2020[186] Has no military Yes Bans all anti-gay discrimination[58] Yes Transgender persons can change their legal gender without surgeries or judicial permission since 2018[187]
El Salvador El Salvador Yes Legal since 1822
+ UN decl. sign.[58]
No No No Yes[188][189] Yes Bans all anti-gay discrimination[188] No[190]
Guatemala Guatemala Yes Legal since 1871
+ UN decl. sign.[58]
No Pending No No Emblem-question.svg Yes Bans some anti-gay discrimination No[191]
Honduras Honduras Yes Legal since 1899
+ UN decl. sign.[58]
No Constitutional ban on de facto unions since 2005 No Constitutional ban since 2005;[192][193] court decision pending No Constitutional ban since 2005 No Yes Bans all anti-gay discrimination[194] Emblem-question.svg
Nicaragua Nicaragua Yes Legal since 2008
+ UN decl. sign.[58]
No No No Emblem-question.svg Yes Bans some anti-gay discrimination[58] No
Panama Panama Yes Legal since 2008
+ UN decl. sign.[58]
No Court decision pending No Court decision pending No Court decision pending Has no military Yes Bans some anti-gay discrimination[195][196] Yes Transgender persons can change their legal gender and name after completion of medical intervention since 2006[197][198]

Caribbean

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Anguilla Anguilla
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[58]
No No No Yes UK responsible for defence No No
Antigua and Barbuda Antigua and Barbuda No Illegal
Penalty: 15-year prison sentence.[58]
No No No No No No
Aruba Aruba
(Constituent country of the Kingdom of the Netherlands)
Yes Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.[58]
Yes Registered partnerships since 2016[199] No/Yes Same-sex marriages performed in the Netherlands recognized[200] No Yes The Netherlands responsible for defence No No