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Rights affecting lesbian, gay,
bisexual Bisexuality is a romantic or sexual attraction or behavior toward both males and females, or to more than one gender. It may also be defined to include romantic or sexual attraction to people regardless of their sex or gender identity, wh ...
, and
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
(
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term i ...
) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
to the death penalty for homosexuality. Notably, , 33 countries recognized
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
. 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 Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkm ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bord ...
. The death penalty is officially law, but generally not practiced, in Mauritania,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the List of Asian countries by area, fifth-largest country in Asia ...
,
Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constitut ...
(in the autonomous state of Jubaland) and the
United Arab Emirates The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia ( The Middle East). It is located at ...
. 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 Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkm ...
and
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of G ...
(in the northern third of the country). 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 The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nat ...
issued a report documenting violations of the rights of LGBT people, including hate crimes, criminalization of
homosexual activity Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to ...
, and discrimination. Following the issuance of the report, the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
urged all countries which had not yet done so to enact laws protecting basic LGBT rights. A 2022 study found that LGBT rights (as measured by
ILGA-Europe ILGA-Europe is the European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association. It is an advocacy group promoting the interests of lesbian, gay, bisexual, trans and intersex ( LGBTI) people, at the European leve ...
's Rainbow Index) were correlated with less HIV/AIDS incidence among gay and bisexual men independently of risky sexual behavior.


Scope of laws

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 Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, civil unions, and domestic partnerships * laws concerning
LGBT parenting LGBT parenting refers to lesbian, gay, bisexual, and transgender (LGBT) people raising one or more children as parents or foster care parents. This includes: children raised by same-sex couples (same-sex parenting), children raised by single LGBT ...
, 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 The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
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 Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and al ...
and hormone replacement therapy * legal recognition and accommodation of reassigned gender.


History of LGBT-related laws


Ancient India

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.Same-Sex Love in India
, edited by Ruth Vanita
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.


Ancient Israel

The ancient Law of Moses (the
Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the s ...
) 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 Sodom and Gomorrah () were two legendary biblical cities destroyed by God for their wickedness. Their story parallels the Genesis flood narrative in its theme of God's anger provoked by man's sin (see Genesis 19:1–28). They are mentioned frequ ...
, after which the cities were soon destroyed with "brimstone and fire, from the Lord" 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. In
Deuteronomy Deuteronomy ( grc, Δευτερονόμιον, Deuteronómion, second law) is the fifth and last book of the Torah (in Judaism), where it is called (Hebrew: hbo, , Dəḇārīm, hewords Moses.html" ;"title="f Moses">f Moseslabel=none) and th ...
22:5, cross-dressing is condemned as "abominable".


Assyria

In
Assyria Assyria (Neo-Assyrian cuneiform: , romanized: ''māt Aššur''; syc, ܐܬܘܪ, ʾāthor) was a major ancient Mesopotamian civilization which existed as a city-state at times controlling regional territories in the indigenous lands of the As ...
n society, sex crimes were punished identically whether they were homosexual or heterosexual.Homoeroticism in the Biblical World: A Historical Perspective, by Martti Nissinen, Fortress Press, 2004
p. 24–28
An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose
gender role A gender role, also known as a sex role, is a social role encompassing a range of behaviors and attitudes that are generally considered acceptable, appropriate, or desirable for a person based on that person's sex. Gender roles are usually cen ...
s were not considered solidly masculine. Such sexual relations were even seen as good fortune, with an Akkadian tablet, the ''
Šumma ālu Šumma ālu ina mēlê šakin is the title for a series of a collected number of cuneiform texts of ancient Mesopotamia amounting to one hundred and twenty clay tablets. The title translates as ''If a City is Situated on a Height'', and it lists o ...
'', reading, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers". However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens. Middle Assyrian Law Codes dating 1075 BC has a particularly harsh law for
homosexuality in the military Lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel are able to serve in the armed forces of some countries around the world: the vast majority of industrialized, Western countries including some South American countries such as ...
, which reads: "If a man have intercourse with his brother-in-arms, they shall turn him into a
eunuch A eunuch ( ) is a male who has been castration, castrated. Throughout history, castration often served a specific social function. The earliest records for intentional castration to produce eunuchs are from the Sumerian city of Lagash in the 2n ...
."The Nature of Homosexuality, Erik Holland, page 334, 2004 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 Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
. 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.


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. 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 Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex p ...
or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men. In courtroom and political rhetoric, charges of
effeminacy Effeminacy is the embodiment of traits and/or expressions in those who are not of the female sex (e.g. boys and men) that are often associated with what is generally perceived to be feminine behaviours, mannerisms, styles, or gender roles, rat ...
and passive sexual behaviors were directed particularly at "democratic" politicians ''( populares)'' such as Julius Caesar and
Mark Antony Marcus Antonius (14 January 1 August 30 BC), commonly known in English as Mark Antony, was a Roman politician and general who played a critical role in the transformation of the Roman Republic from a constitutional republic into the ...
.
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...
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. A law probably dating to the
dictatorship A dictatorship is a form of government which is characterized by a leader, or a group of leaders, which holds governmental powers with few to no limitations on them. The leader of a dictatorship is called a dictator. Politics in a dictatorship a ...
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. 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. In the
Roman army The Roman army (Latin: ) was the armed forces deployed by the Romans throughout the duration of Ancient Rome, from the Roman Kingdom (c. 500 BC) to the Roman Republic (500–31 BC) and the Roman Empire (31 BC–395 AD), and its medieval contin ...
of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death, as a violation of military discipline. The Greek historian
Polybius Polybius (; grc-gre, Πολύβιος, ; ) was a Greek historian of the Hellenistic period. He is noted for his work , which covered the period of 264–146 BC and the Punic Wars in detail. Polybius is important for his analysis of the mixed ...
(2nd century BC) lists deserters, thieves,
perjurers Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...
, and "those who in youth have abused their persons" as subject to the ''
fustuarium In the military of ancient Rome, ''fustuarium'' ( Greek ξυλοκοπία, ''xylokopia''.) or ''fustuarium supplicium'' ("the punishment of cudgeling") was a severe form of military discipline in which a soldier was cudgeled to death. It is ...
'', clubbing to death. 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. Soldiers were free to have relations with their male slaves; the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se. 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. 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 Decimus Junius Juvenalis (), known in English as Juvenal ( ), was a Roman poet active in the late first and early second century CE. He is the author of the collection of satirical poems known as the '' Satires''. The details of Juvenal's lif ...
remarks with disapproval that his friends often attended such ceremonies. The emperor
Nero Nero Claudius Caesar Augustus Germanicus ( ; born Lucius Domitius Ahenobarbus; 15 December AD 37 – 9 June AD 68), was the fifth Roman emperor and final emperor of the Julio-Claudian dynasty, reigning from AD 54 unt ...
had two marriages to men, once as the bride (with a
freedman A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), emancipation (granted freedom ...
Pythagoras Pythagoras of Samos ( grc, Πυθαγόρας ὁ Σάμιος, Pythagóras ho Sámios, Pythagoras the Samian, or simply ; in Ionian Greek; ) was an ancient Ionian Greek philosopher and the eponymous founder of Pythagoreanism. His politic ...
) 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. 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 The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Medite ...
had come under Christian rule, passive homosexuality was punishable by burning. "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code. Under
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renova ...
, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.


British Empire

The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading post ...
was at its peak. As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.


Netherlands

In 2001, the Netherlands was the first country in the world to legalize gay marriage.


Global LGBT rights maps


Timeline


LGBT-related laws by country or territory


Africa


Americas


Asia


Europe


Oceania


See also

*
Human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
* Legal status of transgender people * Legality of conversion therapy * LGBT people in prison *
Minority rights Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. Civil-rights movement ...
* Societal attitudes toward homosexuality


Notes


References


External links


International Lesbian and Gay Association
*
State-sponsored Homophobia report (2015 edition)
*
Lesbian and Gay Rights in the World map (2015 edition)
*
Amnesty International USA: LGBT legal status around the world
– interactive map
Pride Legal
– information by country
Human Rights Watch on LGBT Rights
– for researching legal information * International Commission of Jurists
Sexual Orientation, Gender Identity and Justice – A Comparative Law Casebook
*
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
Human Rights Council,
Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity
', an annual report *
The United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
,
Living Free and Equal: What States Are Doing to Tackle Violence and Discrimination against Lesbian, Gay, Bisexual, Transgender and Intersex People
', November 2016 {{DEFAULTSORT:Lgbt Rights By Country Or Territory Minimum ages Sex laws Sexuality and age Youth rights Law-related lists Human rights-related lists *