LGBT rights by country or territory Source: en.wikipedia.org/wiki/LGBT_rights_by_country_or_territory

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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, w/ arrests or detention
Prison, not enforced1
Same-sex intercourse legal. Recognition of unions:
Marriage	Extraterritorial marriage2
Civil unions	Limited domestic
Limited foreign	Optional certification
None	Restrictions of expression

Rings indicate local or case-by-case application.
¹No imprisonment in the past three years or moratorium on law.
²Marriage not available locally. Some jurisdictions may perform other types of partnerships.

LGBT rights at the United Nations

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	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, which was not a member of the United Nations in 2008
	Support	States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011

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Rights 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 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

Notably, as of July 2022^[update], 32 countries recognized same-sex marriage. By contrast, not counting non-state actors and extrajudicial killings, only two countries are believed to impose the death penalty on consensual same-sex sexual acts: Iran and Afghanistan.^[1] 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. As well as, LGBT people face extrajudicial killings in the Russian region of Chechnya. Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. Fifteen countries have stoning on the books as a penalty for adultery, which would include gay sex, but this is enforced by the legal authorities in Iran and Nigeria (in the northern third of the country).^[2][3][4][5]

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.^[6][7]

A 2022 study found that LGBT 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.^[8]

Scope of laws[edit]

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

• laws concerning the recognition of same-sex relationships, including same-sex marriage, civil unions, and domestic partnerships
• laws concerning LGBT parenting, including adoption by LGBT people
• anti-discrimination laws in employment, housing, education, public accommodations
• anti-bullying legislation to protect LGBT children at school
• hate crime laws imposing enhanced criminal penalties for prejudice-motivated violence against LGBT people
• bathroom bills affecting access to sex-segregated facilities by transgender people
• laws related to sexual orientation and military service
• laws concerning access to assisted reproductive technology
• sodomy laws that penalize consensual same-sex sexual activity. These may or may not target homosexuals, males or males and females, or leave some homosexual acts legal.
• adultery laws that same-sex couples are subject to
• age of consent laws that may impose higher ages for same-sex sexual activity
• laws regarding donation of blood, corneas, and other tissues by men who have sex with men
• laws concerning access to sex reassignment surgery and hormone replacement therapy
• legal recognition and accommodation of reassigned gender.

History of LGBT-related laws[edit]

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Ancient India[edit]

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 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.^[9][10] 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.^[11]

Ancient Israel[edit]

The ancient Law of Moses (the Torah) forbids men from lying with men (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"^[12][13] 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.^[14][15] In Deuteronomy 22:5, cross-dressing is condemned as "abominable".^[16][17]

Assyria[edit]

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual.^[18] 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.^[18] 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".^[19][20] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.^[21][22]

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."^[23][24][25] 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.^[26]

Ancient Rome[edit]

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.^[27] 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.^[28] 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.^[29]

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.^[30] 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.^[31] 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.^[32]

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,^[33] as a violation of military discipline.^[34] 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.^[35] 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.^[36] Soldiers were free to have relations with their male slaves;^[37] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.^[38] 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.^[39]

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.^[40] 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.^[41]

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.^[42] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.^[43] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.^[44]

British Empire[edit]

The United Kingdom introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the British Empire was at its peak.^[45] As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.^[46]

Netherlands[edit]

In 2001, the Netherlands was the first country in the world to legalize gay marriage.^[47]

Global LGBT rights maps[edit]

Laws regarding same-sex sexuality by country or territory

v t e Worldwide laws regarding same-sex intercourse, unions and expression Same-sex intercourse illegal. Penalties:   Death   Prison; death not enforced   Death under militias   Prison, w/ arrests or detention   Prison, not enforced1 Same-sex intercourse legal. Recognition of unions:   Marriage   Extraterritorial marriage2   Civil unions   Limited domestic   Limited foreign   Optional certification   None   Restrictions of expression Rings indicate local or case-by-case application. 1No imprisonment in the past three years or moratorium on law. 2Marriage not available locally. Some jurisdictions may perform other types of partnerships.

LGBT rights at the United Nations

Support Countries which have signed a General Assembly declaration of LGBT rights or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members)   Oppose Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members after withdrawal of Fiji, Rwanda and Sierra Leone)   Neither Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members)

Homosexual "propaganda" and "morality" laws by country or territory
Homosexual "propaganda" and "morality" laws by country or territory   Countries or territories that do not have homosexual "propaganda" or "morality" laws   Fine[48]   Unknown punishment   Imprisonment

Decriminalization of same-sex sexual intercourse by country or territory
1791–1850   1850–1945   1946–1989   1990–present   Unknown date of legalization of same-sex intercourse   Same-sex sexual intercourse always legal   Still criminalized

Equalization of age of consent laws for same-sex couples by country or territory

1790–1829   1830–1839   1840–1859   1860–1869   1870–1879   1880–1889   1890–1929   1930–1939   1940–19491   1950–1959   1960–1969   1970–1979   1980–1989   1990–1999   2000–2009   2010–2019   2020–present   Unknown date for equal age of consent laws for opposite and same-sex couples   No consent laws/equal age of consent laws always equal for opposite and same-sex couples   Unequal age of consent laws for same-sex couples   Same-sex sexual intercourse illegal 1During World War II, Nazi Germany annexed or occupied territory, extending Germany's laws against same-sex sexual intercourse. Age of consent was previously equalized for same-sex couples in the following countries or territories before the war: Belluno (legal in 1890), Friuli-Venezia Giulia (legal in 1890), Poland (decriminalized in 1932), and Trentino-Alto Adige/Südtirol (legal in 1890).[citation needed] During World War II Germany did not consistently enforce anti-homosexual laws in all occupied countries.[49] All countries and territories listed that where annexed or established into reichskommissariats by Nazi Germany during World War II where restored as independent countries or reincorporated into their previous countries during or after the war and thus re-legalized equal age of consent laws for same-sex couples in those areas.[citation needed]

Legal status of same-sex marriage

Marriage open to same-sex couples (rings: individual cases)   Mixed jurisdiction: marriage recognized by the state but not by tribal government for residents who are members of the tribe   Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for   Same-sex marriage recognized with full rights when performed in certain other jurisdictions   Civil unions or domestic partnerships   Limited legal recognition   Local certification without legal force   Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)   Country subject to an international court ruling that recognizes same-sex marriage   Other countries where same-sex unions are not legally recognized

Legal status of adoption by same-sex couples by country or territory
Joint adoption allowed   Second-parent adoption allowed   No laws allowing adoption by same-sex couples and no same-sex marriage   Same-sex marriage but adoption by married same-sex couples not allowed

LGBT service in national militaries by country or territory[citation needed]
All LGBT people can serve   GBT men can serve   LGB people can serve   GB men can serve   Ambiguous/unknown policy   LGBT people are banned from serving   No military

Employment discrimination laws by sexual orientation or gender identity by country or territory

Sexual orientation and gender identity: all employment   Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment   Sexual orientation: all employment   Gender identity: all employment   Sexual orientation and gender identity: federal public employment and federal contractors   Sexual orientation and gender identity: public employment   Sexual orientation: public employment   No national-level employment laws covering sexual orientation or gender identity

Anti-discrimination laws covering goods and services by sexual orientation and/or gender identity by country or territory
Countries and territories with LGBT anti-discrimination laws in goods and services   Sexual orientation and gender identity covered   Sexual orientation covered   Gender identity covered   No national or local level anti-discrimination laws covering sexual orientation and/or gender identity in goods and services

Constitutional discrimination laws by sexual orientation and/or gender identity by country or territory
Sexual orientation and gender identity covered   Sexual orientation covered   Gender identity covered   No national or local level constitutional discrimination laws covering sexual orientation and/or gender identity

LGBT hate crime laws by country or territory
Sexual orientation and gender identity hate crime laws   Sexual orientation hate crime laws   No LGBT hate crime laws

Incitement to hatred based on sexual orientation and gender identity prohibited by country or territory
Incitement to hatred based on sexual orientation and gender identity prohibited   Incitement to hatred based on sexual orientation prohibited   No prohibition on incitement to hatred based on sexual orientation and gender identity

Ban on conversion therapy for minors on the basis of sexual orientation and gender identity by country or territory
Ban on conversion therapy on the basis of sexual orientation and gender identity   De facto ban on conversion therapy   Case-by-case bans   Proposed ban on conversion therapy   No ban on conversion therapy

Immigration equality by country or territory[citation needed]
Recognition of same-sex couples in national immigration laws   Unknown/ambiguous

Bans on same-sex unions by country or territory
No specific prohibition of same-sex marriages or unions   Constitution bans same-sex marriage   Constitution establishes Islamic law or bans violations of "Islamic morality"

Blood donation policies for men who have sex with men by country or territory
Blood donation policies for men who have sex with men   Men who have sex with men may donate blood; No deferral   Men who have sex with men may donate blood; Temporary deferral   Men who have sex with men may not donate blood; Permanent deferral   No Data

Blood donation policies for female sex partners of men who have sex with men by country or territory
Blood donation policies for female sex partners of men who have sex with men   Female sex partners of men who have sex with men may donate blood; No deferral   Female sex partners of men who have sex with men may donate blood; Temporary deferral   Female sex partners of men who have sex with men may not donate blood; Permanent deferral   No Data

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

Legal recognition of non-binary genders and third gender
Nonbinary / third gender available as voluntary opt-in   Opt-in for intersex people only   Standard for third gender   Standard for intersex   Nonbinary / third gender not legally recognized / no data

Timeline[edit]

LGBT-related laws by country or territory[edit]

Africa[edit]

List of countries or territories by LGBT rights in Africa

This table: view talk edit Northern Africa[edit] 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 Illegal since 1966 Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[50] Torture,[51] beatings,[52] or vigilante executions are also common. Canary Islands (Autonomous community of Spain) Legal since 1979 + UN decl. sign.[53] De facto unions legal since 2003[54] Legal since 2005[55] Legal since 2005[56][57] Spain responsible for defence Bans all anti-gay discrimination[58] Since 2007, all documents can be amended to the recognised gender[59] Ceuta (Autonomous city of Spain) Legal since 1979 + UN decl. sign.[53] De facto union since 1998[60] Legal since 2005[55] Legal since 2005[56] Spain responsible for defence Bans all anti-gay discrimination Since 2007, all documents can be amended to the recognised gender[59] Egypt 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.[53][61] Libya Illegal since 1953 Penalty: Up to 5 years in jail or vigilante execution.[62][63] Madeira (Autonomous region of Portugal) Legal since 1983 + UN decl. sign.[53] De facto union since 2001[64][65] Legal since 2010[66] Legal since 2016[67][68][69] Portugal responsible for defence Bans all anti-gay discrimination.[58] Since 2011, all documents can be amended to the recognised gender[70] Melilla (Autonomous city of Spain) Legal since 1979 + UN decl. sign.[53] De facto union since 2008[71] Legal since 2005[55] Legal since 2005[56] Spain responsible for defence Bans all anti-gay discrimination[72] Since 2007, all documents can be amended to the recognised gender[59] Morocco (including Southern Provinces) Illegal since 1962 Penalty: Up to 3 to 6 years imprisonment with hard labour.[53][73] Sahrawi Arab Democratic Republic (Disputed territory; excluding Southern Provinces) Illegal since 1944 (as part of the Overseas Province of Spanish Sahara) Penalty: Up to 3 years imprisonment.[53][74][75] South Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Up to 10 years imprisonment. (not enforced) [53][76] Constitutional ban since 2011[citation needed] Forms of gender expression are criminalized. Sudan Illegal since 1899 (as Anglo-Egyptian Sudan) Penalty: Life imprisonment for a third offense of anal sex.[77] Tunisia Illegal since 1913 (as the French protectorate of Tunisia) Penalty: 3 years imprisonment.[53][78] [79] Western Africa[edit] 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 Legal (No laws against same-sex sexual activity have ever existed in the country);[53][80] Age of consent discrepancy[53] Burkina Faso Legal (No laws against same-sex sexual activity have ever existed in the country)[53] Constitutional ban since 1991 Cape Verde Legal since 2004 + UN decl. sign.[53] Bans some anti-gay discrimination[53] Gambia Illegal since 1888 (as the Gambia Colony and Protectorate) Penalty: Up to Iife imprisonment.[53][81][76] Forms of gender expression criminalized since 2013[82] Ghana Male illegal since 1860s (as the Gold Coast) Penalty: Up to 3 years imprisonment. (repeal proposed) Female always legal[53][83][76] Guinea Illegal since 1988 Penalty: 6 months to 10 years imprisonment.[84] Guinea-Bissau Legal since 1993[53] + UN decl. sign. Ivory Coast Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[53] Liberia Illegal since 1976 Penalty: 1 year imprisonment. (repeal proposed) [53][85] Mali Legal (No laws against same-sex sexual activity have ever existed in the country)[53] Mauritania Illegal: Islamic Sharia Law is applied Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[53][86] Niger Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[53] Nigeria Illegal under federal law since 1901 (as the Northern Nigeria Protectorate and the Southern Nigeria Protectorate) Penalty: Up to 14 years imprisonment. Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara.[53][87][76] Forms of gender expression criminalized in Sharia provinces. Saint Helena, Ascension and Tristan da Cunha (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign.[53] Legal since 2017 Legal since 2017[88][89] Legal since 2017 UK responsible for defence Bans all anti-gay discrimination Senegal Illegal since 1966 Penalty: 1 to 5 years imprisonment.[53][90] Sierra Leone Male illegal since 1861 (as the Sierra Leone Colony and Protectorate) Penalty: Up to life imprisonment (Not enforced). Female always legal + UN decl. sign.[53] Togo Illegal since 1980 Penalty: Fine and 3 years imprisonment, repeal proposed[53] Central Africa[edit] 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 Illegal since 1972 Penalty: Fines to 5 years imprisonment.[53][76] or vigilante execution and torture[91] Central African Republic Legal (No laws against same-sex sexual activity have ever existed in the country)[53] + UN decl. sign. Constitutional ban since 2016[92] Chad Illegal since 2017 Penalty: Between 3 months and 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [93] Democratic Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country)[53] Constitutional ban since 2005 Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[53] Equatorial Guinea Legal (No laws against same-sex sexual activity have ever existed in the country)[53] Gabon Legal since 2020[94] + UN decl. sign. São Tomé and Príncipe Legal since 2012 + UN decl. sign.[53] Southeast Africa[edit] 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 Illegal since 2009 Penalty: fine, and 3 months to 2 years imprisonment. (repeal proposed) [53][95] Constitutional ban since 2005 Kenya Illegal since 1897 (as the East Africa Protectorate) Penalty: up to 14 years imprisonment. (repeal proposed) [53][76] Constitutional ban since 2010[96] [97] Rwanda Legal (No laws against same-sex sexual activity have ever existed in the country)[53] + UN decl. sign. Constitutional ban since 2003 Tanzania Illegal since 1864 (only Zanzibar) Illegal since 1899 Penalty: Up to life imprisonment.[53][76] Vigilante executions, beatings and torture[98][99] are also tolerated. Uganda Male illegal since 1894 Female illegal since 2000 Penalty: Life imprisonment. Beatings, torture, or vigilante execution are also common.[100] Constitutional ban since 2005 Horn of Africa[edit] 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 / Ambiguous, punishable through laws regarding laws against public morals. Penalty: Up to 5 years imprisonment.[53][101] Eritrea Illegal Penalty: Up to 3 years imprisonment.[53][102] or death[103] Beatings and torture are also tolerated.[104] Ethiopia Illegal Penalty: Up to 15 years. [53] Somalia Illegal. Penalty: Up to 3 years prison. Illegal. Penalty: Up to death in Jubaland.[citation needed] Somaliland (Disputed territory) Illegal since 1941 (as British Somaliland) Penalty: Up to 3 years prison, sometimes death sentences.[105] Indian Ocean states[edit] 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 Illegal Penalty: 5 years imprisonment and fines.[53][106] French Southern and Antarctic Lands (Overseas territory of France) Legal (No laws against same-sex sexual activity have ever existed in the territory)[53] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Madagascar Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy[53] Mauritius Male illegal Penalty: Up to 5 years imprisonment. (not enforced, repeal proposed) Female always legal[107] + UN decl. sign.[53][108] Bans all anti-gay discrimination[109][110] Mayotte (Overseas region of France) Legal (No laws against same-sex sexual activity have ever existed in the region)[53] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Réunion (Overseas region of France) Legal since 1791[53] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 France responsible for defence Bans all anti-gay discrimination Under French law Seychelles Legal since 2016[111] + UN decl. sign. Bans some anti-gay discrimination[53] Southern Africa[edit] 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 Legal since 2021 [112] Bans all anti-gay discrimination[113] May possibly change gender under the Código do Registro Civil 2015[114] Botswana Legal since 2019 [115] Bans some anti-gay discrimination Legal gender change recognized as a constitutional right since 2017[116] Eswatini Male illegal since the 1880s (not enforced, repeal proposed) Female always legal[53][76] Lesotho Male legal since 2012 Female always legal[53] May possibly change gender under the National Identity Cards Act 9 of 2011[117] Malawi Illegal since 1891 (as British Central Africa Protectorate)[76] Penalty: Up to 14 years imprisonment, with or without corporal punishment for men up to 5 years imprisonment for women (repeal proposed)[53][118][76] Men can't have long hair. Mozambique Legal since 2015[119][120] Bans some anti-gay discrimination[53][109] Namibia Male illegal since 1920 (not enforced; repeal proposed)[76][121] Female always legal[53][122][123] Under the Births, Marriages and Deaths Registration Act 81 of 1963[124] South Africa Male legal since 1998 Female always legal + UN decl. sign.[53] Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006 Legal since 2006 Legal since 2002 Since 1998 Constitution bans all anti-gay discrimination Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment Zambia Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed)[53][76] Zimbabwe Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia) Penalty: up to 14 years imprisonment. (repeal proposed) Female legal[53][76] Constitutional ban since 2013[125]

Americas[edit]

List of countries or territories by LGBT rights in the Americas

Tables: view talk edit North America[edit] 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 (Overseas Territory of the United Kingdom) Legal since 1994; Age of consent discrepancy + UN decl. sign.[53] Domestic partnerships since 2018[126] Was legal between November 2018 and March 2022 and between May 2017 and June 2018 Legal since 2015[127] UK responsible for defence Bans all anti-gay discrimination[128] Canada Legal since 1969 + UN decl. sign.[53][129] Domestic partnerships in Nova Scotia (2001);[130] Civil unions in Quebec (2002);[131] Adult interdependent relationships in Alberta (2003);[132] Common-law relationships in Manitoba (2004)[133] Legal in some provinces and territories since 2003, nationwide since 2005[134] Legal in some provinces and territories since 1996, nationwide since 2011[135] Since 1992[136]; Includes transgender people[137] Bans all anti-gay discrimination. Ban on conversion therapy since 2022 nationwide 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[138][139][140][141] Greenland (Autonomous Territory within the Kingdom of Denmark) Legal since 1933 + UN decl. sign.[53] Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.)[142] Legal since 2016 Stepchild adoption since 2009;[143] joint adoption since 2016[144] The Kingdom of Denmark responsible for defence Bans some anti-gay discrimination[53] Legal gender change and recognition possible without surgery or hormone therapy[145][146] Mexico Legal since 1871 + UN decl. sign.[53] / Civil unions in Mexico City (2007), Coahuila (2007),[147] Colima (between 2013 and 2016),[148] Campeche (2013),[149] Jalisco (between 2014 and 2018),[150] Michoacán (2015), Tlaxcala (2017), and Veracruz (2020) Legal Nationwide (2022) / Legal in Mexico City (2010),[151] Coahuila (2014), Chihuahua (2015), Jalisco (2016), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017), Aguascalientes (2018), San Luis Potosi (2019), Hidalgo (2019), Quintana Roo (2022), Baja California Sur (2022), Durango, Tamaulipas, Jalisco, and Nuevo Leon (the latter four never had bans)[152][153] (ambiguous) Bans all anti-gay discrimination[154] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City (2020), México (2020), Baja California Sur (2020), Colima (2021), Tlaxcala (2021), Yucatán (2021) and Zacatecas (2021), Baja California (2022), Hidalgo (2022), Jalisco (2022), and Puebla (2022) / Transgender persons can change their legal gender and name in Mexico City (2008),[155] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019), San Luis Potosí (2019), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021), México (2021), and Morelos (2021)[156] Saint Pierre and Miquelon (Overseas collectivity of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] Bans all anti-gay discrimination[72] Under French law[160] United States Legal in some states since 1962, nationwide since 2003 + UN decl. sign.[53] Domestic partnerships in California (1999), the District of Columbia (2002), Maine (2004), Washington (2007), Maryland (2008), Oregon (2008), Nevada (2009) and Wisconsin (2009). Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013). Legal in some states since 2004, nationwide since 2015 Legal in some states since 1993, nationwide since 2016 / Lesbians, gays, and bisexuals have been allowed to serve openly in the U.S. military since 2011, following the repeal of the Don't Ask, Don't Tell policy. Transgender people have been allowed to serve openly since 2021.[161] Transvestites are currently banned from the military since 2012.[162] Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites".[162] / Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020. More extensive protections exist in 23 states, DC, and some municipalities. Conversion therapy for minors is banned in 20 states, DC, and some municipalities. Sexual orientation is covered by the federal hate crime law since 2009. / Since April 11, 2022 by legal self determination - gender X became available and recognized formally on US passports.[163] Gender change is legal on birth certificates (under varying conditions by state), in 48 states + DC. Nonbinary gender markers are available, under varying circumstances, in 25 states + DC. Employment discrimination on the basis of gender identity is prohibited nationwide since 2020. More extensive protections exist in 22 states, DC, and some municipalities. Gender identity is covered by the federal hate crime law since 2009. Central America[edit] 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 Legal since 2016[164] Bans all anti-gay discrimination[165][166][167] [168] Costa Rica Legal since 1971 + UN decl. sign.[53] Unregistered cohabitation since 2014[169][170] Legal since May 2020 Legal since May 2020[171] Has no military Bans all anti-gay discrimination[53] / Transgender persons can change their legal name without surgeries or judicial permission since 2018. Legal gender cannot be changed. Sex indicator removed from all ID cards issued since May 2018[172][173][174] One-time sex change allowed for passports. [175] El Salvador Legal since 1822 + UN decl. sign.[53] [176][177] Bans all anti-gay discrimination[176] [178] Bans discrimination based on gender identity. Guatemala Legal since 1871 + UN decl. sign.[53] Pending Bans some anti-gay discrimination [179] Honduras Legal since 1899 + UN decl. sign.[53] Constitutional ban on de facto unions since 2005 Constitutional ban since 2005;[180][181] court decision pending Constitutional ban since 2005 Bans all anti-gay discrimination[182] Nicaragua Legal since 2008 + UN decl. sign.[53] Bans some anti-gay discrimination[53] Panama Legal since 2008 + UN decl. sign.[53] Court decision pending Court decision pending Court decision pending Has no military Bans some anti-gay discrimination[183][184] Transgender persons can change their legal gender and name after completion of medical intervention since 2006[185][186] Caribbean[edit] 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 (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign.[53] UK responsible for defence Antigua and Barbuda Legal since 2022 Aruba (Constituent country of the Kingdom of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[53] Registered partnerships since 2021[187] / Same-sex marriages performed in the Netherlands recognized[188] The Netherlands responsible for defence Bans all anti-gay discrimination[189] Bahamas Legal since 1991; Age of consent discrepancy + UN decl. sign.[53] [53] Barbados Illegal Penalty: Life imprisonment (Not enforced).[53] Legalization proposed / Foreign Domestic Partnerships recognized for immigration purposes "Welcome Stamp"[190] Civil Unions proposed.[191] Bans some anti-gay discrimination[192] Bonaire (a special municipality of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[53] [193] Legal since 2012[194] [195] The Netherlands responsible for defence Bans all anti-gay discrimination[196] British Virgin Islands (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign.[53] UK responsible for defence Bans all anti-gay discrimination[197] Cayman Islands (Overseas Territory of the United Kingdom) Legal since 2001; Age of consent discrepancy[53] + UN decl. sign. Civil partnerships since 2020[198] Legal since 2020 UK responsible for defence Cuba Legal since 1979 + UN decl. sign.[53] Legal since 2022 Legal since 2022 Legal since 2022 [53][199] Bans all anti-gay discrimination [200][201][202] Transgender people allowed to change gender after sex change operations[203] Curaçao (Constituent country of the Kingdom of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[53] Pending / Same-sex marriages performed in the Netherlands recognized[188] The Netherlands responsible for defence Bans all anti-gay discrimination[204] Dominica Illegal Penalty: 10-year prison sentence or incarceration in a psychiatric institution (Not enforced). Legalization proposed + UN decl. sign.[53] Dominican Republic Legal since 1822 + UN decl. sign.[53] Constitutional ban since 2010[citation needed] [205] Grenada Male illegal Penalty: 10-year prison sentence (not enforced). [206] Legalization proposed Female always legal[53] Has no military Guadeloupe (Overseas department of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] France responsible for defence Bans all anti-gay discrimination[72] Under French law[160] Haiti Legal since 1791 (as Saint-Domingue)[53] Has no military Jamaica Male illegal Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed Female always legal.[53] Constitutional ban since 1962 Martinique (Overseas department of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] France responsible for defence Bans all anti-gay discrimination[72] Under French law[160] Montserrat (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign.[53] UK responsible for defence Bans all anti-gay discrimination[207] Puerto Rico (Commonwealth of the United States) Legal since 2003 Legal since 2015 Legal since 2015[208] Legal since 2015 United States responsible for defense[209][210] Bans some anti-gay discrimination Gender change legal since 2018; does not require surgery Saba (a special municipality of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[53] [193] Legal since 2012[194] [195] The Netherlands responsible for defence Bans all anti-gay discrimination[196] [211] Saint Barthélemy (Overseas collectivity of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] France responsible for defence Bans all anti-gay discrimination[72] Under French law[160] Saint Kitts and Nevis Legal since 2022 Saint Lucia Male illegal Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed Female always legal[53] Has no military Bans some anti-gay discrimination Saint Martin (Overseas collectivity of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] France responsible for defence Bans all anti-gay discrimination[72] Under French law[160] Saint Vincent and the Grenadines Illegal Penalty: Fine and/or 10-year prison sentence (Not enforced).[53] Legalization proposed Has no military Sint Eustatius (a special municipality of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[53] [193] Legal since 2012[194] [195] The Netherlands responsible for defence Bans all anti-gay discrimination[196] Sint Maarten (Constituent country of the Kingdom of the Netherlands) Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[53] / Same-sex marriages performed in the Netherlands recognized[188] The Netherlands responsible for defence Bans all anti-gay discrimination[212] Trinidad and Tobago Legal since 2018[213] Turks and Caicos Islands (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign.[53] UK responsible for defence Bans all anti-gay discrimination[53] United States Virgin Islands (Territory of the United States) Legal since 1985 Legal since 2015[214] Legal since 2015[214] Legal since 2015[214] United States responsible for defense[209][210] South America[edit] 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 Argentina Legal since 1887 + UN decl. sign.[53] Civil unions in Buenos Aires (2003),[215] Río Negro Province (2003),[216] Villa Carlos Paz (2007) and Río Cuarto (2009) Cohabitation unions nationwide since 2015[217] Legal since 2010[218] Legal since 2010 Since 2009[219] / Legal protection in some cities;[220] pending nationwide. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 Transgender persons can change their legal gender and name without surgeries or judicial order since 2012[221] Transgender persons have a law reserving 1% of Argentina's public sector jobs. Economic incentives included in the new law aim to help trans people find work in all sectors. [222] Bolivia Legal since 1832 + UN decl. sign.[53] [223] Family life agreement pending[224][225] Constitutional ban since 2009[226] LGBT individuals may adopt, but not same-sex couples[227] Since 2015[228][229][230]; Includes transgender people[137] Bans all anti-gay discrimination[53] Transgender persons can change their legal gender and name without surgeries or judicial order since 2016[231][232][233][234] Brazil Legal since 1831 + UN decl. sign.[53] "Stable unions" legal in some states since 2004; all rights as recognized family entities available nationwide since 2011[235][236] Legal in some states since 2012, nationwide since 2013[237][238] Legal since 2010[239] Since 1969[240] Bans all anti-gay discrimination.[241] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999[242][243] Transgender people can change their legal gender and name before a notary without the need of surgeries or judicial order since 2018. The sex reassignment surgery, hormonal and psychological treatment are offered free of charge by the brazilian Unified Health System (UHS) [244][245][246] Chile Legal since 1999 + UN decl. sign.[53] Civil unions since 2015[247] Legal since 2022[248] Legal since 2022[248] Since 2012[249]; Includes transgender people[250] Bans all anti-gay discrimination[251] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 Transgender persons can change their legal gender and name since 1974. No surgeries or judicial order since 2019.[252] Colombia Legal since 1981 + UN decl. sign.[53] De facto marital union since 2007[253] Legal since 2016[254] Stepchild adoption since 2014;[255] joint adoption since 2015[256] Since 1999[53] Bans all anti-gay discrimination[257] Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notary, no surgeries or judicial order required[258] Ecuador Legal since 1997 + UN decl. sign.[53] De facto unions since 2009[259][260] Legal since 2019[261] LGBT individuals may adopt, but not same-sex couples[262] [263] Bans all anti-gay discrimination.[264] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 Since 2016, transgender persons are allowed to change their birth name and gender identity; no surgeries or judicial order required[265][266][267] Falkland Islands (Overseas Territory of the United Kingdom) Legal since 1989 + UN decl. sign.[53] Civil partnerships since 2017[268] Legal since 2017[268] Legal since 2017 UK responsible for defence Bans all anti-gay discrimination[269] French Guiana (Overseas department of France) Legal since 1791 + UN decl. sign.[53] Civil solidarity pact since 1999[157] Legal since 2013[158] Legal since 2013[159] France responsible for defence Bans all anti-gay discrimination[72] Under French law[160] Guyana Illegal Penalty: Up to life imprisonment (Not enforced).[53] Legalization proposed [270] [271] Paraguay Legal since 1880; Age of consent discrepancy + UN decl. sign.[53] Constitutional ban since 1992[272] Constitutional ban since 1992[273] [274] Peru Legal since 1924 + UN decl. sign.[53] Since 2009[275] Bans all anti-gay discrimination[276][277][278][279][280] Transgender persons can change their legal gender and name without the need for the completion of medical intervention since 2016. Judicial order required.[281][282] South Georgia and the South Sandwich Islands (Overseas Territory of the United Kingdom) Legal since 2001 + UN decl. sign. Legal since 2014[283] Legal since 2014[283] UK responsible for defence Suriname Legal since 1869 (as Dutch Guiana); Age of consent discrepancy Bans all anti-gay discrimination[284] Court decision pending[285][286] Uruguay Legal since 1934 + UN decl. sign.[53] Concubinage union since 2008[287] Legal since 2013[288] Legal since 2009[289] Since 2009[290] Bans all anti-gay discrimination.[291] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2017 Transgender persons can change their legal gender and name without surgeries or judicial order required since 2009.[292] Self-determination since 2018. Venezuela Legal since 1997 + UN decl. sign.[53] Constitutional since 1999 Constitutional ban since 1999 Bans some anti-gay discrimination[53]