LGBTQ rights in Bahia

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Bahia have been the subject of advances over the last few decades, driven by social movements, public policies and specific legislation. The Brazilian state is often cited as a pioneer in implementing initiatives aimed at promoting citizenship and protecting the rights of the community, in addition to acting to combat discrimination and violence.

LGBTQ rights in Bahia
Legal status	Legal since 1830,[1] age of consent equalised
Gender identity	Gender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018
Military	Allowed to serve openly[3]
Discrimination protections	Sexual orientation since 1997 Gender identity since 2019
Family rights
Recognition of relationships	Same-sex marriage since 2012[4][5]
Adoption	Legal since 2010[6]

Legality of same-sex sexual activity

Same-sex sexual activity has been legal in Bahia, as well as throughout Brazil, since 1830.

Recognition of same-sex unions

Same-sex marriages have been recognized by notaries in the state of Bahia since November 26, 2012.

Statistics

According to the Grupo Gay da Bahia (Gay Group of Bahia – GGB), the book of homosexual stable union, instituted years ago, states that do not recognize registration of marriages in the registry, the Instituto Nacional de Segurança Social – INSS (National Institute of Social Security) still recognizes this document as a means for, occasionally, sharing inheritance, receiving a pension, etc. There are already 30 legal cases in the State of Bahia between gays and lesbians. This includes a case in which the companion died and the surviving spouse received the pension.^[7]

Discrimination protections

Bahia was the first Brazilian state to enact an anti-discrimination ordinance in 1997.^[8]

Adoption and parenting

On March 9, 2010, the Justice of the city of Salvador, Bahia, authorized the adoption of a child by a lesbian couple.^[9]

Life conditions

Activism and advocacy

Grupo Gay da Bahia, the oldest gay rights organization in Brazil, was founded in Salvador, Bahia in 1980.

Events

Salvador plays host to an annual Pride parade every September with 800,000 people having attended in 2010.^[10]

Homophobia

In 2004, Grupo Gay da Bahia released a list with the names of 159 murdered members of the LGBTQ community in that year.^[11] There is also a list with the names of people that allegedly suffered from human rights abuses in the same year. Some deaths caused directly by homophobia.^[12]

Healthcare

The program of prevention of STD/AIDS with transvestite sex workers of Bahia presents excellent results: after research on the local community, a booklet, a folder and a poster were produced, all with realistic language and images peculiar to this subculture. Every week safer sex workshops and direct contact with the transvestites in different prostitution areas are accomplished. In six months, the program recorded 900 interventions, and distributed 14,400 condoms. Programs of STD/AIDS together with transvestite sex workers must use strong elements of the local subculture and count on the trust of the social actor in order to be successful.^[13]

Politics

One of the candidates for city council of Salvador, Bahia, the third largest city in Brazil, that won the seat, was Leo Kret, a transvestite club dancer and was the most voted for of the candidates. So when she took office, she defied the dress code norms insisting that her wardrobe would be strictly feminine and insisted on using the women's restroom.^[14]

Leo Kret received 12,861 votes in the city, by the Republican Party (PR-BA) in the municipal elections of 2008.^[15] In the day of election, she said that she will defend the LGBT rights.^[16] She has aspirations to become the president of Brazil one day.^[17]

Summary table

Same-sex sexual activity legal	(Since 1830)
Equal age of consent	(Since 1830)
Anti-discrimination laws in employment only	(Since 1997)[8]
Anti-discrimination laws in the provision of goods and services	(Since 1997)[8]
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)	(Since 1997)[8]
Same-sex marriages	(Since 2012)
Recognition of same-sex couples	(Since 2011)
Stepchild adoption by same-sex couples	(Since 2010)
Joint adoption by same-sex couples	(Since 2010)
LGBTQ people allowed to serve openly in the military
Right to change legal gender	(Since 2008)
Non-binary gender recognition	(Since 2022)[18]
Conversion therapy by medical professionals banned	(Since 1999 for homosexuals and since 2018 for transgender people)[19][20]
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBTQ rights in Brazil