LGBTQ rights by country or territory

From Wikipedia, the free encyclopedia

LGBTQ rights by country or territory

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.

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Laws concerning gender identity-expression by country or territory
  Legal identity change, surgery not required
  Legal identity change, surgery required
  No legal identity change
  Unknown/Ambiguous

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Worldwide laws regarding same-sex intercourse, unions and expression
Same-sex intercourse illegal. Penalties:
  Death
  Prison; death not enforced
  Death under militias
  Prison, with arrests or detention
  Prison, not enforced1
Same-sex intercourse legal. Recognition of unions:
  Extraterritorial marriage2
  Limited foreign
  Optional certification
  None
  Restriction of expression
  Restriction of association with arrests or detention

1No imprisonment in the past three years[timeframe?] or moratorium on law.
2Marriage not available locally. Some jurisdictions may perform other types of partnerships.
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LGBTQI+ rights at the United Nations
  
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

Notably, as of January 2025, 38 countries recognize same-sex marriage.[1][2] 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.[3][4][5][6] The death penalty is officially law, but generally not practiced, in Mauritania, Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates.[7][8] LGBTQ people also face extrajudicial killings in the Russian region of Chechnya.[9] Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020.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).[10][11][12][13][14]

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 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 LGBTQ rights.[15][16] 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.[17]

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 Nigeria, Yemen, Brunei, Afghanistan, Somalia, Mauritania, Palestine, and Iran among the worst.[18][19] Asher & Lyric ranked Canada, Sweden, and the Netherlands as the three safest nations for LGBTQ people in its 2023 index.[20]

Scope of laws

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

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Ancient India

Ayoni or non-vaginal sex of all types is punishable in the Arthashastra. Homosexual acts are, however, treated as a smaller offence punishable by a fine, while unlawful heterosexual sex carries much harsher punishment. The Dharmsastras, especially the later ones, prescribe 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.[21][22] 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.[23]

Ancient Israel

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"[24][25] 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.[26][27] In Deuteronomy 22:5, cross-dressing is condemned as "abominable".[28][29]

Assyria

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual.[30] 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.[30] 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".[31][32] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.[33][34]

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."[35][36] 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.[37]

Ancient Rome

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.[38] 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.[39] 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.[40]

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.[41] 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.[42] 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.[43]

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,[44] as a violation of military discipline.[45] 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.[46] 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.[47] Soldiers were free to have relations with their male slaves;[48] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[49] 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.[50]

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.[51] 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.[52]

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.[53] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[54] Under Justinian, all same-sex acts, passive or active, no matter who the partners are, were declared contrary to nature and punishable by death.[55]

British Empire

The United Kingdom introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the British Empire was at its peak.[56] As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.[57]

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.[59] The Hijra were included in the Criminal Tribes Act (1871)[60][59] and were monitored with the hope of eliminating their culture.[59] Due to the passage of the Criminal Tribes Act (1871), Hijra people could not possess children.[59]

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[61] and Buddhism[62] as well as the Kama Sutra.[63] 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.

Netherlands

In 2001, the Netherlands was the first country in the world to legalize same-sex marriage.[64]

Global LGBT rights maps

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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.

More information Laws regarding same-sex sexuality by country or territory ...
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More information Homosexual "propaganda" and "morality" laws by country or territory ...
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More information Decriminalization of same-sex sexual intercourse by country or territory ...
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More information Equalization of age of consent laws for same-sex couples by country or territory ...
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More information Legal status of same-sex marriage ...
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More information Legal status of adoption by same-sex couples by country or territory ...
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More information Employment discrimination laws by sexual orientation or gender identity by country or territory ...
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More information Anti-discrimination laws covering goods and services by sexual orientation and/or gender identity by country or territory ...
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More information Constitutional discrimination laws by sexual orientation and/or gender identity by country or territory ...
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More information Incitement to hatred based on sexual orientation and gender identity prohibited by country or territory ...
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More information Legal status on conversion therapy for minors on the basis of sexual orientation and gender identity by country or territory ...
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More information Immigration equality by country or territory[citation needed] ...
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More information Bans on same-sex unions by country or territory ...
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More information Blood donation policies for men who have sex with men by country or territory ...
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More information Blood donation policies for female sex partners of men who have sex with men by country or territory[needs update] ...
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More information Laws concerning gender identity-expression by country or territory ...
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More information Legal recognition of non-binary genders and third gender ...
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Timeline

More information Countries/Territories/States ...
Decriminalization of homosexuality timeline
Countries/Territories/States
Never been illegal/Never criminalized
18th century
List
19th century
List
20th century
List
21st century
List
Notes
  • Note that while this template lists several historical countries, such as the Kingdom of France, Czechoslovakia, East Germany, etc., for the sake of clarity, the flags shown are contemporary flags.
  • When a country has decriminalized, re-criminalized, and decriminalized again (e.g. Albania, Bulgaria, Spain, republics of the Soviet Union) only the later decriminalization date is included. Countries which have decriminalized and since re-criminalized (e.g. Iraq) are excluded.
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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.

Africa

More information List of countries or territories by LGBT rights in Africa, Same-sex sexual activity ...
List of countries or territories by LGBT rights in Africa
This table:

Northern Africa

LGBTQ 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 11 June 1966
Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[72][73][74]
No No No No No No
Canary Islands Canary Islands
(Autonomous community of Spain)
Yes Legal since 9 November 1979
+ UN decl. sign.[75]
Yes De facto unions legal since 2003[76] Yes Legal since 2005[77] Yes Legal since 2005[78][79] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[80] Yes Since 2007, all documents can be amended to the recognised gender[81]
Ceuta Ceuta
(Autonomous city of Spain)
Yes Legal since 9 November 1979
+ UN decl. sign.[82]
Yes De facto union since 1998[83] Yes Legal since 2005[77] Yes Legal since 2005[78] Yes Spain responsible for defence Yes Bans all anti-gay discrimination Yes Since 2007, all documents can be amended to the recognised gender[81]
Egypt Egypt No De facto illegal for males since 31 July 1883 (as the Khedivate of Egypt within the Sublime Ottoman State) and for females since 22 March 1961 (as the Southern Region of the United Arab Republic)
Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[84][85]
No No No No No No
Libya Libya No Illegal since 2 March 1954 (as Kingdom of Libya)
Penalty: Up to 5 years in jail.[86][87]
No No No No No No
Madeira Madeira
(Autonomous region of Portugal)
Yes Legal since 1 January 1983
+ UN decl. sign.[88]
Yes De facto union since 2001[89][90] Yes Legal since 2010[91] Yes Legal since 2016[92][93][94] Yes Portugal responsible for defence Yes Bans all anti-gay discrimination.[80] Yes Since 2011, all documents can be amended to the recognised gender[95]
Melilla Melilla
(Autonomous city of Spain)
Yes Legal since 9 November 1979
+ UN decl. sign.[96]
Yes De facto union since 2008[97] Yes Legal since 2005[77] Yes Legal since 2005[78] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[98] Yes Since 2007, all documents can be amended to the recognised gender[81]
Morocco Morocco
(including Moroccan-occupied Western Sahara)
No Illegal since 17 June 1963
Penalty: Up to 3 to 6 years imprisonment with hard labour.[75][99]
No No No No No No
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Disputed territory; only Free Zone)
No Illegal since 27 February 1976[100][101][102] No No No No No No
Sudan Sudan No Illegal since 1 August 1899 (as Anglo-Egyptian Sudan)
Penalty: Life imprisonment for a third offense of anal sex.[103]
No No No No No No
Tunisia Tunisia No Illegal since 1 January 1914 (as the Regency of Tunis)
Penalty: 3 years imprisonment.[75][104]
[105]
No No No No No No

Western Africa

LGBTQ 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);[75][106]
Equal age of consent since 2018.
No No No Yes Bans some anti-gay discrimination.[107]
Burkina Faso Burkina Faso No Illegal since 1 September 2025
Penalty: 2 to 5 years imprisonment.[108][109]
No No Constitutional ban since 1991 No Yes/No Limited protections.
Cape Verde Cape Verde Yes Legal since 1 March 2004
+ UN decl. sign.[108]
No No No Yes Bans some anti-gay discrimination[108]
The Gambia Gambia No Illegal since 1 January 1889 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[108][110][111]
No No No No No No Forms of gender expression criminalized since 2013[112]
Ghana Ghana No Male illegal since 1 January 1893 (as the Gold Coast)
Penalty: Up to 3 years imprisonment (repeal proposed)[113][114][115]
Yes Female legal, Criminalization pending 2024[75][111][116][117][118]
No No No No Yes/No Limited protections. No
Guinea Guinea No Illegal since 6 August 1988
Penalty: 6 months to 10 years imprisonment.[119] (rarely enforced)[120]
No No No No Yes/No Limited protections. No
Guinea-Bissau Guinea-Bissau Yes Legal since 1 March 1993[108]
+ UN decl. sign.
No No No Yes/No Limited protection regarding domestic violence.[121]
Ivory Coast Ivory Coast Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[108]
No No No Yes/No Limited protections.
Liberia Liberia No Illegal since 3 April 1978
Penalty: 1 year imprisonment.[108][122] (repeal proposed)[123]
No No No No Yes Bans some anti-gay discrimination.[124] No
Mali Mali No Illegal since 13 December 2024
Penalty: 7 years imprisonment and a fine of 500,000 francs.[125][126]
No No Constitutional ban since 2023[127] No Yes/No Limited protections. No[128]
Mauritania Mauritania No No Illegal since 9 July 1983
Penalty (de jure): Execution for men, (not enforced), up to 2 years in prison and fines for women
(de facto): up to 2 years in prison and a fine for women and men.[108][129]
No No No No No No
Niger Niger Yes Legal (No laws against same-sex sexual activity have ever existed in the country, Criminalization pending);
Age of consent discrepancy[108]
No No No Yes/No Limited protections. No[128]
Nigeria Nigeria No Illegal since 1 June 1904 (Northern Region only)
Illegal since 1 June 1916 (Colony and Protectorate of Nigeria)
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. (not enforced)[75][130][111]
No No Statutory ban since 2013 No No Yes/No Limited protections. No Forms of gender expression criminalized in Sharia provinces.
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas Territory of the United Kingdom)
Yes Legal since 1 January 2001
+ UN decl. sign.[131]
Yes Legal since 2017 Yes Legal since 2017[132][133] Yes Legal since 2017 Yes UK responsible for defence Yes Bans all anti-gay discrimination
Senegal Senegal No Illegal since 1 March 1966
Penalty: 1 to 5 years imprisonment.[75][134]
No No No No Yes/No Limited protections. No
Sierra Leone Sierra Leone No Male illegal since 1 November 1861 (as the Sierra Leone Colony and Protectorate)
Penalty: Up to life imprisonment (not enforced, repeal disputed).
Yes Female always legal
+ UN decl. sign.[75]
No No No No Yes Bans some anti-gay discrimination.[135] No
Togo Togo No Illegal since 13 August 1980
Penalty: 1 to 3 years imprisonment and fines.[75] (rarely enforced, repeal proposed)[136][137]
No No No No Yes/No Limited protections. No

Central Africa

LGBTQ 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 28 September 1972
Penalty: Up to 5 years imprisonment and fines.[75][111][138] (repeal proposed) [139]
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)[75]
+ UN decl. sign.
No No Constitutional ban since 2016[140] No Yes/No Limited protections. No[128]
Chad Chad No Illegal since 1 August 2017
Penalty: 3 months to 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [141]
No No No No Yes/No Aggravated punishment when the rape is committed because of the sexual orientation of the victim. No[128]
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)[75] No No Constitutional ban since 2006 No Yes/No Limited protections 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[75]
No No No Yes/No Limited protections. No[128]
Equatorial Guinea Equatorial Guinea Yes Legal since 12 October 1968[75] No No No Yes Bans some anti-gay discrimination. No[128]
Gabon Gabon Yes Legal since 17 August 1960-4 July 2019, again since 29 June 2020[142];
Age of consent discrepancy,
+ UN decl. sign.
No No Constitutional ban since 2024 No Yes/No Limited protections.
São Tomé and Príncipe São Tomé and Príncipe Yes Legal since 29 November 2012
+ UN decl. sign.[75]
No No No Yes Bans some anti-gay discrimination[143]

Eastern Africa

LGBTQ 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 22 April 2009
Penalty: 3 months to 2 years imprisonment and fines.[75][144] (repeal disputed)
No No Constitutional ban since 2005 No No No No
Djibouti Djibouti Yes Legal (No laws against same-sex sexual activity have ever existed in the country) [75][145] No No No Yes/No Limited protections. No[128]
Eritrea Eritrea No Illegal since 19 May 1941 (as the British Military Administration of Eritrea)
Penalty: Up to 3 years imprisonment.[75][146][147][148][149] (rarely enforced)[150]
No No No No No No
Ethiopia Ethiopia No Illegal since 31 January 1942 (as the Occupied Enemy Territory Administration in Ethiopia)
Penalty: Up to 15 years. [75] (repeal disputed) [151]
No No Statutory ban since 2009[152] No No No No
Kenya Kenya No Illegal since 1 August 1897 (as the East Africa Protectorate)
Penalty: up to 14 years imprisonment. (repeal proposed) [75][111][153]
No No Constitutional ban since 2010[154] No No Yes/No Limited protections.[155][156] Yes[157]
Rwanda Rwanda Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[75]
+ UN decl. sign.
No No Constitutional ban since 2003 No Yes/No Limited protections.[158] No
Somalia Somalia No Illegal since 3 April 1964
Penalty: Up to 3 years prison.
Jubaland Jubaland No Illegal. Penalty: Up to death in Jubaland.[159]
No No No No No No
Somaliland Somaliland
(Disputed territory)
No Illegal since 16 March 1941
Penalty: Up to 3 years prison, sometimes death sentences.[160]
No No No No No No
South Sudan South Sudan No Illegal since 1 August 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment. (not enforced) [75][111]
No No Constitutional ban since 2011[161] No No Yes/No Limited protections. No Forms of gender expression are criminalized.
Tanzania Tanzania No Illegal since 1 June 1899 (as part of German East Africa)
Illegal since 1 January 1900 (as part of the Sultanate of Zanzibar)
Penalty: 30 years to life imprisonment.[75][111][162][163] (repeal disputed)[164]
No No No No Yes/No Hate crime protections on sexual orientation since 2023.[165] No
Uganda Uganda No Male illegal since 1 April 1902 (as the Protectorate of Uganda)
Female illegal since 8 December 2000
Penalty: Up to life imprisonment.
No Capital punishment for "aggravated homosexuality" (not enforced). [166][167]
No No Constitutional ban since 2005 No No No No

Indian Ocean states

LGBTQ 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 since 31 October 1982
Penalty: 5 years imprisonment and fines. (not enforced)[75][168]
No No No No Yes/No Limited protections. No[128]
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)[169]
Yes Civil solidarity pact since 1999[170] 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[75]
No No No Yes/No Limited protections.
Mayotte Mayotte
(Overseas region of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the region)[75]
Yes Civil solidarity pact since 2007 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Mauritius Mauritius Yes Legal since 4 October 2023[171]
+ UN decl. sign.
No No No Has no military Yes Bans all anti-gay discrimination[172][173]
Réunion Réunion
(Overseas region of France)
Yes Legal since 6 October 1791[75] 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 1 June 2016[174]
+ UN decl. sign.
No No No Yes Bans some anti-gay discrimination[75]

Southern Africa

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
Angola Angola Yes Legal since 9 February 2021[175] No No No No Yes Bans all anti-gay discrimination[176] May possibly change gender under the Código do Registro Civil 2015[177]
Botswana Botswana Yes Legal since 11 June 2019[178] No No No No(Only LGB) Yes Bans all anti-gay discrimination Yes Legal gender change recognized as a constitutional right since 2017[179]
Eswatini Eswatini No Male illegal since 22 February 1907 (as the Swaziland Protectorate; not enforced, repeal proposed)[180]
Penalty: Unknown
Yes Female always legal[111][181]
No No No No Yes/No Hate speech ban, only in broadcasting. No
Lesotho Lesotho Yes Male legal since 1 February 2012
Female always legal[75]
No No No Yes Bans some anti-gay discrimination.[182][183] May possibly change gender under the National Identity Cards Act 9 of 2011[184]
Malawi Malawi No Illegal since 1 July 1891 (as British Central Africa Protectorate)[111]
Penalty: Up to 14 years imprisonment, with or without corporal punishment for men.
Up to 5 years imprisonment for women (rarely enforced, repeal proposed)[75][185][111][186][187]
No No No No Yes/No Limited protections. No
Mozambique Mozambique Yes Legal since 29 June 2015[188][189] No No No No Yes Bans some anti-gay discrimination[75][172]
Namibia Namibia Yes Legal since 21 June 2024[190] No/Yes Foreign same-sex marriages recognised[191] No/Yes Foreign same-sex marriages recognised[191] No No Yes Bans some anti-gay discrimination.[192] Yes Under the Births, Marriages and Deaths Registration Act 81 of 1963[193]
South Africa South Africa Yes Male legal since 8 May 1998
Female always legal; equal age of consent since 2007
+ UN decl. sign.[75]
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 Constitution bans all anti-gay discrimination Yes Anti-discrimination laws are interpreted to include gender identity[194]; legal gender may be changed after surgical or medical treatment
Zambia Zambia No Illegal since 17 August 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: 14 years to life imprisonment. (repeal proposed)[75][111][195][196]
No No No No Yes/No Limited protections. No
Zimbabwe Zimbabwe No Male illegal since 10 September 1891 (as part of the British South Africa Company rule of Rhodesia)
Penalty: Up to 1 year imprisonment. (repeal proposed)[197]
Yes Female always legal[75][111]
No No Constitutional ban since 2013[198] No No Yes/No Limited protections. No
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Americas

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List of countries or territories by LGBT rights in the Americas


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North America

Central America

Caribbean

South America

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Antarctica

Asia

More information List of countries or territories by LGBT rights in Asia, LGBT rights in: ...
List of countries or territories by LGBT rights in Asia
This table:

North Asia

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
Russia Russia Yes Yes Fully legal nationwide since 1993[390][391]

(de-facto illegal in Chechnya)
No No No No Constitution limits marriage to opposite-sex couples since 2020 No No Yes Yes[392] No No No No Gender change has not been legal since 2023[393]

Central Asia

West Asia

South Asia

East Asia

Southeast Asia

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Europe

More information List of countries or territories by LGBT rights in Europe, LGBT rights in ...
List of countries or territories by LGBT rights in Europe
Tables:

European Union

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
European Union member states of the European Union Yes Legal in all 27 member states[525] Yes/No Recognized in 25/27 member states
Yes/No Legal in 16/27 member states
Yes/No Stepchild adoption legal in 19/27 member states;
joint adoption legal in 17/27 member states
Yes Legal in all member states Yes Membership requires a state to ban discrimination based on person's sexual orientation in employment.
4/27 states ban some anti-gay discrimination.
23/27 states ban all anti-gay discrimination
Yes/No Legal in 24/27 member states[526]

Central Europe

Eastern Europe

Northern Europe

Southern Europe

Western Europe

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Oceania

More information List of countries or territories by LGBT rights in Oceania, LGBT rights in: ...
List of countries or territories by LGBT rights in Oceania
Tables:

Australasia

Melanesia

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
Fiji Fiji Yes Legal since 2010
+ UN decl. sign.[846][825]
No No No Yes Bans all anti-gay discrimination[825]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
New Caledonia New Caledonia
(Special collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[825]
Yes Civil solidarity pact since 2009[847] Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Papua New Guinea Papua New Guinea No Male illegal since 1899
Penalty: 3 to 14 years imprisonment (Rarely enforced, Legalization proposed).
Yes Female always legal[825]
No No No No Yes Bans some anti-gay discrimination No
Solomon Islands Solomon Islands No Illegal since 1963
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed).[825]
No No No Has no military Yes Bans some anti-gay discrimination[848] No
Vanuatu Vanuatu Yes Legal
(No laws against same-sex sexual activity have ever existed since independence[849])
+ UN decl. sign.[825]
No No No Yes Bans some anti-gay discrimination No

Micronesia

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
Guam Guam
(Unincorporated territory of the United States)
Yes Legal since 1978 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2002 Yes United States responsible for defense[850][851] Yes Bans some anti-gay discrimination Yes Allowed to legally change gender, but requires sex reassignment surgery Yes
Federated States of Micronesia Micronesia Yes Legal
+ UN decl. sign.[825]
No No No Has no military Yes Bans all anti-gay discrimination[852]
Kiribati Kiribati No Male illegal since 1892
Penalty: 5-14 years imprisonment (Not enforced, Legalization proposed).
Yes Female legal[825]
No No No Has no military Yes Bans some anti-gay discrimination No
Marshall Islands Marshall Islands Yes Legal since 2005
+ UN decl. sign.[825]
No No No Has no military Yes Bans all anti-gay discrimination[853]
Nauru Nauru Yes Legal since 2016[854][855]
+ UN decl. sign.
No No No Has no military Yes
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2016
No
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States)
Yes Legal since 1983 Yes Since 2015 Yes Legal since 2015 Yes Legal since 2015 Yes United States responsible for defense[850][851] Yes Bans some anti-gay discrimination[856][857] Yes Under the Vital Statistics Act of 2006 Yes
Palau Palau Yes Legal since 2014
+ UN decl. sign.[858]
No No Constitutional ban since 2008 No Has no military Yes Bans some anti-gay discrimination No
United States United States Minor Outlying Islands
(Unincorporated territories of the United States)
Yes Legal Yes Yes Legal Yes Legal Yes United States responsible for defense[850][851] Yes Bans some anti-gay discrimination No Yes

Polynesia

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
American Samoa American Samoa
(Unincorporated territory of the United States)[859]
Yes Legal since 1980 No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022. No/Yes Same-sex marriages recognized but not performed under Respect for Marriage Act since 2022.[860] No Yes United States responsible for defense[850][851] Yes Bans some anti-gay discrimination Yes[861]
Cook Islands Cook Islands
(Part of the Realm of New Zealand)
Yes Legal since 2023
+ UN decl. sign.[862]
No No No Yes New Zealand responsible for defence Yes Bans some anti-gay discrimination[863] No
Easter Island Easter Island
(Special territory of Chile)
Yes Legal since 1999
+ UN decl.[825]
Yes Civil unions since 2015[864] Yes Since 2022[865] Yes Since 2022[865] Yes Chile responsible for defence[866][867] Yes Bans all anti-gay discrimination[868]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021
Yes Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.[869]
French Polynesia French Polynesia
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[825]
Yes Since 2013 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
Hawaii Hawaii
(Constituent state of the United States)
Yes Since 1972 Yes Since 1997 Yes Since 2013 Yes Since 2012 Yes United States responsible for defence Yes Bans all anti-gay discrimination Yes
Niue Niue
(Part of the Realm of New Zealand)
Yes Legal since 2024
+ UN decl. sign.[870]
No No No Yes New Zealand responsible for defence No
Pitcairn Islands Pitcairn Islands
(Overseas Territory of the United Kingdom)
Yes Legal since 2001
+ UN decl. sign.[825]
Yes Since 2015 Yes Legal since 2015[871] Yes Legal since 2015[872] Yes UK responsible for defence Yes Constitutional ban on all anti-gay discrimination[873]
Samoa Samoa No Male illegal since 1961
Penalty: 5-7 years imprisonment (Not enforced, Legalization proposed)
Yes Female always legal
+ UN decl. sign.[825]
No No No Has no military Yes Bans some anti-gay discrimination[874]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2007
Samoa has a large transgender or "third-gender" community called the fa'afafine. They are a recognized part of traditional Samoan customs.
Tokelau Tokelau
(Dependent territory of the Realm of New Zealand)
Yes Legal since 2007[875]
+ UN decl. sign.[825]
No No No Yes New Zealand responsible for defence No No
Tonga Tonga No Male illegal since 1988
Penalty: Up to 10 years imprisonment (Not enforced, Legalization proposed).
Yes Female always legal[825]
No No No No Yes Bans some anti-gay discrimination No
Tuvalu Tuvalu No Male illegal since 1965
Penalty: Up to 14 years imprisonment (Not enforced, Legalization proposed)
Yes Female legal
+ UN decl. sign.[825]
No No Constitutional ban since 2023 No Has no military Yes Bans some anti-gay discrimination
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France)
Yes Legal
(No laws against same-sex sexual activity have ever existed in the collectivity)
+ UN decl. sign.[825]
Yes Civil solidarity pact since 2009 Yes Legal since 2013 Yes Legal since 2013 Yes France responsible for defence Yes Bans all anti-gay discrimination Yes Under French law
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See also

Notes

  1. No spesific laws nationwide, except in the province of Aceh
  2. De facto illegal in Chechnya
  3. In Taiwan, gender change is not explicitly stated in any law; instead it is permitted by an executive order published by the Ministry of the Interior, which dictates that sex reassignment surgeries are required before gender change. In 2021 a judgement by the Taipei High Administrative Court[489] ruled that the executive order above was unconstitutional and therefore the defendant (district household registration office) must allow the plaintiff to change their gender. The judgement was finalized since the defendant did not appeal. However, since rulings in Taiwan are generally not precedential, said judgement only applies to the plaintiff and does not bind other cases nor the executive branch.
  4. There are no provision that specifically criminalise lesbian sex under Malaysia's federal criminal law, and there's no known case of lesbian being charged for lesbian sex under Section 377D of the Penal Code. See LGBTQ rights in Malaysia § Federal criminal law for details.
  5. See LGBTQ rights in Malaysia § State Shariah law for details. Some state shariah law criminalising same-sex intercourse have also been nullified by the Federal Court of Malaysia due to conflicts with federal law and the Malaysian Constitution.
  6. Except for the settlements Marawi and M'lang.
  7. In January 2019, a lower administrative court in Warsaw ruled that the language in Article 18 of the Constitution does not explicitly ban same-sex marriage.[567]

References

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