LGBTQ rights by country or territory

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For historical and current movements to further LGBTQ rights, see LGBTQ movements. For intersex rights, see Intersex human rights.
"LGBTQ right" redirects here. For the right-wing LGBTQ movement, see LGBTQ conservatism.

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:
  Marriage
  Extraterritorial marriage2
  Civil unions
  Limited domestic
  Limited foreign
  Optional certification
  None
  Restrictions of expression, not enforced
  Restrictions of association with arrests or detention

1No imprisonment in the past three years or moratorium on law.
2Marriage not available locally. Some jurisdictions may perform other types of partnerships.
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 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, 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.

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 May 2024, 37 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United Arab Emirates.[7][8] LGBT people also face extrajudicial killings in the Russian region of Chechnya.[9] Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020.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 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.[15][16] 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.[17]

The 2023 Equaldex Equality Index ranks the Nordic countries, Chile, Uruguay, Canada, the Benelux countries, Spain, Andorra, and Malta among the best for LGBT rights. The index ranks Nigeria, Yemen, Brunei, Afghanistan, Somalia, Mauritania, Palestine, and Iran among the worst.[18][better source needed] Asher & Lyric ranked Canada, Sweden, and the Netherlands as the three safest nations for LGBT people in its 2023 index.[19]

Scope of laws

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

See also: LGBTQ history, Timeline of LGBTQ history, LGBTQ social movements, History of homosexuality, and Sodomy law § History

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.[20][21] 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.[22]

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"[23][24] 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.[25][26] In Deuteronomy 22:5, cross-dressing is condemned as "abominable".[27][28]

Assyria

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual.[29] 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.[29] 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".[30][31] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.[32][33]

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."[34][35] 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.[36]

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.[37] 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.[38] 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.[39]

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.[40] 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.[41] 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.[42]

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

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.[50] 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.[51]

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

British Empire

See also: LGBT rights in the Commonwealth of Nations

The United Kingdom introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the British Empire was at its peak.[55] As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.[56]

Netherlands

In 2001, the Netherlands was the first country in the world to legalize same-sex marriage.[57]

Global LGBT rights maps

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.

Timeline

Decriminalization of homosexuality timeline
Countries/Territories/States
Never been illegal
List
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.

[c]

Africa

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

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Algeria Algeria No Illegal since 1966
Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[65] Torture,[66] beatings,[67] or vigilante executions are also common. 		No No No No No No
Canary Islands Canary Islands
(Autonomous community of Spain) 		Yes Legal since 1979
+ UN decl. sign.[68] 		Yes De facto unions legal since 2003[69] Yes Legal since 2005[70] Yes Legal since 2005[71][72] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[73] Yes Since 2007, all documents can be amended to the recognised gender[74]
Ceuta Ceuta
(Autonomous city of Spain) 		Yes Legal since 1979
+ UN decl. sign.[68] 		Yes De facto union since 1998[75] Yes Legal since 2005[70] Yes Legal since 2005[71] Yes Spain responsible for defence Yes Bans all anti-gay discrimination Yes Since 2007, all documents can be amended to the recognised gender[74]
Egypt Egypt Yes/ No Ambiguous. 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.[68][76] 		No No No No No No
Libya Libya No Illegal since 1953
Penalty: Up to 5 years in jail or vigilante execution.[77][78] 		No No No No No No
Madeira Madeira
(Autonomous region of Portugal) 		Yes Legal since 1983
+ UN decl. sign.[68] 		Yes De facto union since 2001[79][80] Yes Legal since 2010[81] Yes Legal since 2016[82][83][84] Yes Portugal responsible for defence Yes Bans all anti-gay discrimination.[73] Yes Since 2011, all documents can be amended to the recognised gender[85]
Melilla Melilla
(Autonomous city of Spain) 		Yes Legal since 1979
+ UN decl. sign.[68] 		Yes De facto union since 2008[86] Yes Legal since 2005[70] Yes Legal since 2005[71] Yes Spain responsible for defence Yes Bans all anti-gay discrimination[87] Yes Since 2007, all documents can be amended to the recognised gender[74]
Morocco Morocco
(including Southern Provinces) 		No Illegal since 1962
Penalty: Up to 3 to 6 years imprisonment with hard labour.[68][88] 		No No No No No No
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Disputed territory; excluding Southern Provinces) 		No Illegal
Penalty: Up to 3 years imprisonment.[68][89][90] 		No No No No No No
Sudan Sudan No Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Life imprisonment for a third offense of anal sex.[91] 		No No No No No No
Tunisia Tunisia No Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[68][92]
[93] 		No No No No No No

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Benin Benin Yes Legal (No laws against same-sex sexual activity have ever existed in the country);[68][94]
Age of consent discrepancy[68] 		No No No No
Burkina Faso Burkina Faso Yes Legal, Criminalization pending since 2024 (Law hasn't come into effect yet) [95] No No Constitutional ban since 1991 No No
Cape Verde Cape Verde Yes Legal since 2004
+ UN decl. sign.[68] 		No No No Yes Bans some anti-gay discrimination[68]
The Gambia Gambia No Illegal since 1888 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[68][96][97] 		No No No No No No Forms of gender expression criminalized since 2013[98]
Ghana Ghana
No No No No No No
Guinea Guinea No Illegal since 1988
Penalty: 6 months to 10 years imprisonment.[103] 		No No No No No No
Guinea-Bissau Guinea-Bissau Yes Legal since 1993[68]
+ UN decl. sign. 		No No No No
Ivory Coast Ivory Coast Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[68] 		No No No No
Liberia Liberia No Illegal since 1976
Penalty: 1 year imprisonment.[68][104] (repeal proposed)[105] 		No No No No No No
Mali Mali Yes Legal (No laws against same-sex sexual activity have ever existed in the country)[68] No No Constitutional ban since 2023[106] No No No[107]
Mauritania Mauritania No No Illegal since 1983
Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[68][108] 		No No No No No No
Niger Niger Yes Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[68] 		No No No No No[107]
Nigeria Niger

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