Homosexuality Laws by Country or Territory

LGBT laws by country or territory

Homosexuality (lesbian and gay), bisexuality, and transsexualism ("LGBT") related laws vary greatly by country or territory—everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex sexual activity or identity.

LGBT-related laws include but are not limited to: government recognition of same-sex relationships, LGBT adoption, sexual orientation and military service, immigration equality, anti-discrimination laws, hate crime laws regarding violence against LGBT people, sodomy laws, anti-lesbianism laws, and higher ages of consent for same-sex activity.

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EUROPE

Lesbian, gay, bisexual, transgender (LGBT) rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples.

Membership in the European Union not only requires repeal of anti-homosexuality legislation, the Treaty of Amsterdam also requires anti-discrimination legislation to be enacted by its member states.

In 2010, Portugal and Iceland became the sixth and seventh European countries to adopt same-sex marriage legislation. There is also a strong possibility politically in 2011 or 2012 that same-sex marriage will become legal in the United Kingdom, Luxembourg and Finland.

The Oireachtas (parliament) of Ireland approved the Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009 in July 2010. This later came into effect in January 2011. The two UK Crown territories of both Guernsey and Jersey are considering civil partnership laws in 2011. The Isle of Man approved civil partnerships in March 2011. Liechtenstein also legalized registered partnership in 2011.

5 European countries ban gays from military service: Belarus, Cyprus, Latvia, Greece and Turkey. All other European countries allow LGBT people to openly serve in the armed forces. As of April 2011, Greece is the only country in Europe that has a higher unequal age of consent for gay men. All other jurisdictions in Europe have an equal age of consent for all individuals.

RUSSIA

Lesbian, gay, bisexual, or transgender (LGBT) persons in Russia may face legal challenges not experienced by non-LGBT residents, though many advances have been made in the past two decades. As of 2008, Russia has no criminal law directed at LGBT people, but since male homosexual acts were decriminalized in 1993, authorities have done little to enact legislation to address discrimination or harassment on the basis of sexual orientation or gender identity.

There is currently no legal recognition of same-sex couples in Russia (nor heterosexual unions are recognized, though), and same-sex marriages are not allowed. Single persons can adopt children, regardless of sexual orientation, but only married couples can adopt children together, as a couple. Gay people (at least officially) can serve in the military on a par with heterosexual people since 2003.

CHINA

The history of lesbian, gay, bisexual and transgender people in China spans thousands of years of history. Unlike the histories of European and European-ruled polities in which Christianity formed the core of heavily-anti-LGBT laws until recent times, non-heterosexual states of being were historically treated with far less animosity in historic Chinese states. For a period of the modern history of both the Republic of China and People's Republic of China in the 20th century, LGBT people received more stringent legal regulations regarding their orientations, with restrictions being gradually eased by the beginning of the 21st century. However, activism for LGBT rights in both countries has been slow in development due to societal sentiment and government inaction.

Laws prohibiting homosexuality were passed in communist China. (The People's Republic of China neither adopted an Abrahamic religion nor was colonized, except for Hong Kong and Macau which were colonized with Victorian era social mores and maintain separate legal system from the rest of the PRC.) Homosexuality was not decriminalized in China until 1997. Prior to 1997, homosexual in mainland China was found guilty included in a general definition under the vague vocabulary of hooliganism, there are no specifically anti-homosexual laws.

TAIWAN

The Republic of China (Taiwan) is one of Asia's most progressive countries as far as lesbian, gay, bisexual, transgender (LGBT) rights are concerned, not only since the government introduced same-sex marriage in 2003 (which stalled without passage), the first country in Asia to do so. The ROC is also described as the most liberal after approximately 25,000 attended the Taiwan Pride parade in 2009, making it the largest LGBT event in Asia.

At the end of October 2003, the executive branch of the Republic of China government (Executive Yuan) proposed legislation granting marriages and the right to adopt to same-sex couples under the Human Rights Basic Law; however it faced opposition among cabinet members and legislators and has been stalled since, and thus not voted on. Currently the Republic of China does not have any form of same-sex unions. Should the law pass, the Republic of China would be the first country in Asia to permit same-sex marriage.

UNITED STATES

Owing to the United States' federal system and the diversity in attitudes toward LGBT rights, the status of LGBT civil rights in the U.S. is at present a patchwork. At the federal level, there is no recognition of same-sex unions and no laws forbidding employment discrimination against LGBT persons. Some states have enacted such laws, however.

Lesbian, gay, bisexual, and transgender rights in the United States have evolved over time and vary on a state-by-state basis. Sexual acts between persons of the same sex have been legal nationwide in the U.S. since 2003, pursuant to the U.S. Supreme Court ruling in Lawrence v. Texas.

Family, marriage, and anti-discrimination laws vary by state. Six states and one district currently offer marriage to same-sex couples. Other states do not offer same-sex marriages but do recognize same-sex marriages performed elsewhere. Additionally, some states offer civil unions or other types of recognition which offer some of the legal benefits and protections of marriage.

Twenty states plus one district outlaw discrimination based on sexual orientation, and twelve states plus one district outlaw discrimination based on gender identity or expression. Hate crimes based on sexual orientation or gender identity are also punishable by federal law under the Matthew Shepard Act of 2009.

Adoption policies in regards to gay and lesbian parents also vary greatly from state to state. Some allow adoption by same-sex couples, while others ban all "unmarried couples" from adoption.

MEXICO

Lesbian, Gay, Bisexual and Transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Penal Code, which decriminalized homosexuality in 1871. However, laws against public immorality or indecency could be used against homosexual acts. The age of consent at which there are no restrictions for consensual sexual activities, regardless of sexual orientation, is 18.

The United Mexican States is a federation comprising thirty-one states and a Federal District, the capital city, also known as Mexico City. Even though a Federal Civil Code exists, each state has its own which is usually exactly the same as the Civil Code for the Federal District, and regulates, among other factors, concubinage and marriage. Same-sex civil unions and same-sex marriages are not recognized at the federal level. However, in recent years some states have been considering legislating in the matter.

[Mr. QuestionMan]

Lesbian, gay, bisexual, transgender (LGBT) rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples.



Gay Pride London 2011, United Kingdom




2011, Prague holds its first-ever Pride celebration.

Czech President Vaclav Klaus Is Isolated in Opposing Gay Parade

By BRUCE I. KONVISER
Published: August 15, 2011

PRAGUE — President Vaclav Klaus is known for frankly voicing his opinions, and finding popular support. But the latest furor — over Prague’s first gay-pride festival — has left him more isolated than usual, roundly opposed by many in the Czech establishment and publicly at odds with the American ambassador.

The tussle over Prague Pride — which drew 5,000 people this past weekend — pitted Mr. Klaus, 70, against virtually the entire Czech political spectrum. Even the unreformed Communists — who won 11 percent of the vote in the last election — have taken a more progressive stance than Mr. Klaus, who spoke out in favor of the traditional family and loudly voiced his opposition to what he called “homosexualism.”

The president, who likes to rail against “isms” — “environmentalism” and “feminism” being two of his favorites — emphasized that he was not against homosexuality. But, he stressed, it should be tolerated, not celebrated.

Mr. Klaus’s rhetoric on other issues often engendered a fair slice of public support. On Prague Pride, however, he found himself with little more than an adviser and a rightist politician for allies.

The rightist, Ladislav Batora, who is also a senior Education Ministry official, took the unusual step of lashing out at the U.S. ambassador, Norman L. Eisen. Along with 12 other ambassadors, Mr. Eisen signed a letter of support for the parade. It was not clear why the American was singled out, since the letter was initiated by the British Embassy, and signed by the ambassadors of Canada and European countries from Spain to Estonia.

Mr. Klaus told the Czech News Agency, “I can’t imagine any Czech ambassador daring to interfere by petition with internal political discussion in any democratic country.”

The U.S. Embassy spokesman, Paul Oglesby, declined to comment.

Prague’s mayor, Bohuslav Svoboda, who gave the festival his backing, was clear.

“We live in a society where tolerance is a basic philosophical principle,” he said. “This is not a debate about ‘isms.’ It is an obligation of everyone in a tolerant society to protect minority rights.”

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If you are dating someone, and looking to plan a vacation with them, familiarize yourself with the laws of any destination that you may be heading to. The following list contains sodomy and homosexual laws for many countries around the world...

Argentina has no sodomy laws and the age of sexual consent for everyone is 16.
Austria has no sodomy laws and the age of sexual consent is 14.
Bahamas has no sodomy laws for sex in private, the age of consent for homosexuals is 18, and for heterosexuals is 16.
(!) Barbados law states that homosexual activity is illegal.
Belgium has no sodomy laws and the age of consent is 16 for everyone.
Brazil has no sodomy laws for non military people, and the age of sexual consent is 14.
Chile has no sodomy laws, but while the age of consent for heterosexuals is less than 18, homosexuals have to be 18 years of age.
China has no sodomy laws and the age of consent is 14 for everyone.
Colombia has no sodomy laws, and the age of sexual consent for everyone is 14.
Costa Rica has no sodomy laws and the age of sexual consent is 15 for everyone.
(!) Cuba has no sodomy laws for “private homosexuality” however “public homosexuality” can result in a fine or three months to a year in prison.
Czech Republic has no sodomy laws and the age of sexual consent for everyone is 15.
Denmark has no sodomy laws and the age of consent is 15 for everyone.
Ecuador has no sodomy laws and the age of sexual consent for everyone is 14.
(!) Egypt law does not explicitly state that homosexuality is illegal but a wide range of public morality laws that loosely cover homosexuality can result in jail time.
(!) Ethiopia law states that homosexual activity is illegal and can result in up to three years in prison.
Fiji has no sodomy laws as of 2005 when a prohibition on sex between homosexuals was overturned.
France has no sodomy laws and the age of sexual consent is 15 for everyone.
Germany has no sodomy laws and the age of consent for everyone is 14.
(!) Ghana law states that homosexual acts between men can be punished but only if one of the men makes a formal complaint.
Greece has no sodomy laws and the age of sexual consent is 15 for everyone.
Hong Kong has no sodomy laws and the age of sexual consent for males is 16 and the law regards lesbians as non existent.
Iceland has no sodomy laws and the age of sexual consent for all is 14.
(!) India laws states that male homosexuality is illegal and can be punished by life in prison.
Ireland has no sodomy laws and the age of sexual consent is 17.
Israel has no sodomy laws and the age of consent for everyone is 16.
Italy has no sodomy laws and the age of sexual consent is 14 for everyone.
Jamaica has a sodomy law that is punishable by up to ten years in prison and hard labor.
Japan has no sodomy laws and the age of consent for males ranges from 13 to 17 depending on the region of the country.
Lebanon has a sodomy law which is punishable by up to a year in prison.
Madagascar has no sodomy laws and the age of sexual consent is 21 for everyone.
(!) Malaysia law states that acts of homosexuality are punishable by lashing and up to 20 years in prison.
Mexico has no sodomy laws and the age of sexual consent for everyone is 18.
Monaco has no sodomy laws and the age of consent is 15 for everyone.
(!) Namibia law states that homosexuality is illegal.
Netherlands has no sodomy laws and the age of sexual consent is 16.
New Zealand has no sodomy laws and the age of consent for everyone is 16.
Nigeria has sodomy laws which are punishable by up to 14 years in prison.
Norway has no sodomy laws and the age of sexual consent for all is 16.
Peru has no sodomy laws and the age of sexual consent is 14 for everyone.
Poland has no sodomy laws and the age of consent for all is 15.
Portugal has no sodomy laws and the age of sexual consent is 16 for homosexuals and 14 for heterosexuals.
Russia has no sodomy laws.
(!) Saudi Arabia has sodomy laws which are punishable by death.
Serbia has no sodomy laws and the age of consent for homosexual males is 18, and for lesbians and heterosexuals is 14.
(!) Singapore law states that male homosexuality is illegal and is punishable by life in prison while female homosexuality is legal in private.
South Africa has no sodomy laws and the age of sexual consent is 19 for homosexuals and 16 for heterosexuals.
Spain has no sodomy laws and the age of sexual consent is 12 for everyone.
(!) Sri Lanka has sodomy laws which are punishable by up to 10 years in prison.
Sweden has no sodomy laws and the age of sexual consent for all is 15.
Switzerland has no sodomy laws and the age of sexual consent is 16 for everyone, and sex is legal between minors who are not more than three years apart in age.
Taiwan has no sodomy laws and the age of sexual consent is 16 for everyone.
Thailand has no sodomy laws and the age of sexual consent for all is 15.
Turkey has no sodomy laws and the age of consent for all is 18.
Ukraine has no sodomy laws and the age of sexual consent for all is 16.