LGBT Rights In Iran
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Lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
,
gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...
,
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, whi ...
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 tr ...
(
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 ...
) people 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 Turkmeni ...
face severe legal challenges not experienced by non-LGBT residents. Sexual activity between members of the same sex is illegal and can be punishable by up to death, and people can legally change their assigned sex only through a
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 a ...
.
LGBT rights 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. Notably, ...
in Iran have come in conflict with the penal code since the 1930s. In post-revolutionary Iran, any type of sexual activity outside a
heterosexual Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" ...
marriage is forbidden. Same-sex sexual activities are punishable by imprisonment, corporal punishment, fines, or
execution Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. Gay men have faced stricter enforcement actions under the law than lesbians. The government of Iran is considered to be one of the most discriminatory towards homosexuals in the world. It is estimated that hundreds or thousands of people were executed in the immediate aftermath of revolution of whom some 20 were homosexuals. Ruhollah Khomeini called them to be exterminated in 1979.
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 tr ...
identity is recognized through a sex reassignment surgery. Sex reassignment surgeries are partially financially supported by the state. Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution. Iran carries out more sex reassignment surgeries than any other country in the world after
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
.


LGBT history in Iran

Around 250 BC, during the
Parthian Empire The Parthian Empire (), also known as the Arsacid Empire (), was a major Iranian political and cultural power in ancient Iran from 247 BC to 224 AD. Its latter name comes from its founder, Arsaces I, who led the Parni tribe in conque ...
, the
Zoroastrian Zoroastrianism is an Iranian religion and one of the world's oldest organized faiths, based on the teachings of the Iranian-speaking prophet Zoroaster. It has a dualistic cosmology of good and evil within the framework of a monotheistic ...
text
Vendidad The Vendidad /ˈvendi'dæd/ or Videvdat or Videvdad is a collection of texts within the greater compendium of the Avesta. However, unlike the other texts of the Avesta, the ''Vendidad'' is an ecclesiastical code, not a liturgical manual. Name ...
was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
could be killed without permission from a high priest. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran. There is a significant amount of literature in
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
that contain explicit same-sex illustrations. A few Persian
love poems Poetry (derived from the Greek ''poiesis'', "making"), also called verse, is a form of literature that uses aesthetic and often rhythmic qualities of language − such as phonaesthetics, sound symbolism, and metre (poetry), metre − to evo ...
and texts from prominent medieval Persian poet
Saadi Shirazi Saadi Shīrāzī ( fa, ابومحمّد مصلح‌الدین بن عبدالله شیرازی), better known by his pen name Saadi (; fa, سعدی, , ), also known as Sadi of Shiraz (, ''Saʿdī Shīrāzī''; born 1210; died 1291 or 1292), was ...
's '' Bustan'' and ''
Gulistan Gulistan, Golestan or Golastan ( fa, گلستان) means "flower land" in Persian language (''gol'' meaning "flower", and ''-stan'' or meaning "land"). It may refer to: Places Iran "Golestan" most often refers to: * Golestan province in nor ...
'' have also been interpreted as homoerotic poems. Under the rule of Mohammad Reza Shah, the last monarch of the Pahlavi dynasty, homosexuality was criminalised, though it was mostly tolerated even to the point of allowing news coverage of a mock same-sex wedding.
Janet Afary Janet Afary is an author, feminist activist and researcher of history, religious studies and women studies. She is a professor and the Mellichamp Chair in Global Religion and Modernity at the University of California, Santa Barbara (UCSB). Care ...
has argued that the 1979 Revolution was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran. After the 1979 Revolution, thousands of people were executed in public, including some homosexuals. File:Shah Abbas and Wine Boy.jpg, A Safavid
Persian miniature A Persian miniature ( Persian: نگارگری ایرانی ''negârgari Irâni'') is a small Persian painting on paper, whether a book illustration or a separate work of art intended to be kept in an album of such works called a '' muraqqa''. T ...
from 1627, depicting Abbas I of Iran with a page.
Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
, Paris. File:Men engaging in anal sex, Safavid painting, 1660.jpg, A Safavid
Persian miniature A Persian miniature ( Persian: نگارگری ایرانی ''negârgari Irâni'') is a small Persian painting on paper, whether a book illustration or a separate work of art intended to be kept in an album of such works called a '' muraqqa''. T ...
from 1660, depicting two men engaged in anal sex.
Kinsey Institute The Kinsey Institute for Research in Sex, Gender, and Reproduction (often shortened to The Kinsey Institute) is a research institute at Indiana University. Established in Bloomington, Indiana, in 1947 as a nonprofit, the institute merged with Indi ...
,
Bloomington, Indiana Bloomington is a city in and the county seat of Monroe County in the central region of the U.S. state of Indiana. It is the seventh-largest city in Indiana and the fourth-largest outside the Indianapolis metropolitan area. According to the Mo ...
. File:Men engaging in anal sex, Safavid painting, 1720.jpg, A Safavid
Persian miniature A Persian miniature ( Persian: نگارگری ایرانی ''negârgari Irâni'') is a small Persian painting on paper, whether a book illustration or a separate work of art intended to be kept in an album of such works called a '' muraqqa''. T ...
from 1720, depicting two men engaged in anal sex.
Kinsey Institute The Kinsey Institute for Research in Sex, Gender, and Reproduction (often shortened to The Kinsey Institute) is a research institute at Indiana University. Established in Bloomington, Indiana, in 1947 as a nonprofit, the institute merged with Indi ...
,
Bloomington, Indiana Bloomington is a city in and the county seat of Monroe County in the central region of the U.S. state of Indiana. It is the seventh-largest city in Indiana and the fourth-largest outside the Indianapolis metropolitan area. According to the Mo ...
. File:Youth and suitors.jpg, A depiction of a youth conversing with suitors from
Jami Nūr ad-Dīn 'Abd ar-Rahmān Jāmī ( fa, نورالدین عبدالرحمن جامی; 7 November 1414 – 9 November 1492), also known as Mawlanā Nūr al-Dīn 'Abd al-Rahmān or Abd-Al-Rahmān Nur-Al-Din Muhammad Dashti, or simply as J ...
's ''
Haft Awrang ''Haft Awrang'' ( fa, هفت اورنگ, meaning "Seven Thrones") by the Persian poet Jami is a classic of Persian literature composed some time between 1468 and 1485. Jami completed the work as seven books following a masnavi format: * "Sel ...
'', in the story ''A Father Advises his Son About Love''.
Smithsonian Institution The Smithsonian Institution ( ), or simply the Smithsonian, is a group of museums and education and research centers, the largest such complex in the world, created by the U.S. government "for the increase and diffusion of knowledge". Founded ...
, Washington, DC. File:Chehel Sutun - Men and youths by a stream.jpg, Men and youths depicted on a Safavid ceramic panel from
Chehel Sotoun Chehel Sotoun ( fa, چهل ستون, literally: “Forty Columns”) is a Persian pavilion in the middle of a park at the far end of a long pool, in Isfahan, Iran, built by Shah Abbas II to be used for his entertainment and receptions. In this ...
, Isfahan.
Louvre The Louvre ( ), or the Louvre Museum ( ), is the world's most-visited museum, and an historic landmark in Paris, France. It is the home of some of the best-known works of art, including the ''Mona Lisa'' and the ''Venus de Milo''. A central l ...
, Paris.


Legality of same-sex sexual activity

Since the 1979 Revolution, the legal code has been based on
Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
. All sexual activities that occur outside a traditional, heterosexual marriage (i.e., sodomy or adultery) are illegal. Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death—though not generally implemented. Rape, whether same-sex or opposite-sex, often results in execution, but is related to adultery and sodomy in Iran's penal code rather than being classified as "sexual assault". The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.


Male same-sex sexual activity

According to Articles 108 to 112,
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
(''lavāt'') can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind, and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.


Female same-sex sexual activity

According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (''mosāheqe'') involving persons who are mature, of sound mind and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 says that both Muslims and non-Muslims are subject to the punishment. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes. At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape. The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer Ali Akbar Saidi Sirjani was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.


Adultery

Adultery (zina-e-mohsen) is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012, by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then. In November 2021, a married Iranian man and his male lover were given the death penalty for adultery. The couple, who are 27 and 33 years old, are expected to be hung, even though the man's wife pleaded with the authorities to spare their lives. However, because of his son-in-law's adultery, the woman's father intervened and asked that the men to be executed. The judge upheld her father's request.


Public morality laws

Under more public morality laws, offenders face additional jail time, whippings, and fines. Article 637 – Any man and woman who are not married and who commit a crime against public morality, excluding adultery, should be sentenced to flogging (99 lashes). If one of them did not consent to the crime, then only the one who initiated the crime should be punished. Article 638- Anyone who explicitly violates any religious taboo in public beside being punished for the act should also be imprisoned from ten days to two months, or should be flogged (74 lashes). Note- women who appear in public without a proper hijab should be imprisoned from ten days to two months or pay a fine of 50,000 to 500,000 Ryal. Article 639 – The following people should be imprisoned from one to ten years, and in the case of category (a) the property should be confiscated according to decision of the court. a) anyone who manages a property where activities against public moral take place; b) anyone who encourages people to violate public moral; Article 640 – The following people should be imprisoned from three months to one year and pay a fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of these punishments. c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals; d) anyone who is included in the circulation of the above items;


Capital punishment

Some human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979. According to The Boroumand Foundation, there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990. According to
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
, a male homosexual was executed in January 1990 under unclear circumstances that is no reason was given. At least five people convicted of homosexual activity, three men and two women were executed in January 1990 as a result of the government policy of demanding executions of those who "practice homosexuality". In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be executed. He said that if they do it privately then it's okay but if they do it overtly then they are to be executed.Gays should be hanged, says Iranian minister
''The Times'', November 13, 2007; Retrieved on April 1, 2008
LGBT rights activists Zahra Seddiqi Hamedani and Elham Choubdar were sentenced to death in 2021 by a court in Iran for "promoting homosexuality, promoting Christianity and communicating with media opposed to the Islamic Republic". The sentence was confirmed by Iran's judiciary, but said the charges involved "human trafficking and not activism". On September 5, 2022, Iran's official IRNA news agency reported that the two women had been sentenced to death on charges of "corruption on earth" and human tracking. The European Union condemned the death sentences on September 13, 2022.


Sodomy

Few consenting participants of
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
(''lavāt'') are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper ''
Etemad ''Etemad'' or ''Etemaad'' (in Persian ''اعتماد'' lit. ''Trust''; correct transcription: ettemād, because in pronunciation the letter "t" is duplicated) is a reformist newspaper in Iran that is published in Tehran. It is managed by Elias ...
'' reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts to which they confessed. Another two men were allegedly hanged publicly in the northern town of
Gorgan Gorgan ( fa, گرگان ; also romanized as ''Gorgān'', ''Gurgān'', and ''Gurgan''), formerly Esterabad ( ; also romanized as ''Astarābād'', ''Asterabad'', and ''Esterābād''), is the capital city of Golestan Province, Iran. It lies appro ...
for sodomy in November 2005. In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts. On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of
Kermanshah Kermanshah ( fa, کرمانشاه, Kermânšâh ), also known as Kermashan (; romanized: Kirmaşan), is the capital of Kermanshah Province, located from Tehran in the western part of Iran. According to the 2016 census, its population is 946,68 ...
. In January 2022, two gay men allegedly sentenced for "forced sexual intercourse between two men" were executed in the city of
Maragheh Maragheh ( fa, مراغه, Marāgheh or ''Marāgha''; az, ماراغا ) is a city and capital of Maragheh County, East Azerbaijan Province, Iran. Maragheh is on the bank of the river Sufi Chay. The population consists mostly of Iranian Azerba ...
after spending six years on death row.


Arrests

On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in Sardasht, West Azerbaijan, for homosexual activity. An on-line petition for their release began to circulate around the internet. They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with ''mohārebe'' ("waging war against God") and ''lavāt'' (sodomy). There were two reported crackdowns in Isfahan, Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend. All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing. Photos of the beaten men were released by the
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
-based
Iranian Railroad for Queer Refugees The International Railroad for Queer Refugees, formerly known as the Iranian Railroad for Queer Refugees (IRQR), is an advocacy group for LGBT rights in Iran. It was founded and is headed by Executive Director Arsham Parsi. It was set up on behal ...
. According to
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity. In April 2017, 30 men were arrested in a raid in Isfahan Province, "charged with sodomy, drinking alcohol and using psychedelic drugs".


Recognition of same-sex relationships

Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
and
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in whom, and when, their children marry and even what profession they chose. Few LGBT Iranians come out to family due to the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
or
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
. Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals. In 2004, an independent film was released, directed by
Maryam Keshavarz Maryam Keshavarz ( fa, مریم کشاورز) is an American filmmaker(Iranian pedigreed) best known for her 2011 film '' Circumstance'' distributed by Participant Media and Roadside Attractions, which won the Audience Award at Sundance Film F ...
, that examined the changing mores of Iranian youth when it comes to sex and dating. Gay Iranian couples are often afraid to be seen together in public, and report that
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 ...
people were widely stereotyped as being sex-obsessed child molesters, rapists, and disease-ridden.


Gender identity and expression

As Article 20 in Clause 14 states, a person who has
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 a ...
can legally change their name and gender on the birth certification upon the order of court. Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whoever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender. Although legally recognized by the current Supreme Leader in Iran,
Grand Ayatollah Marji ( ar, مرجع, transliteration: ''marjiʿ''; plural: ''marājiʿ''), literally meaning "source to follow" or "religious reference", is a title given to the highest level of Twelver Shia authority, a Grand Ayatollah with the authority giv ...
Ali Khamenei, Grand Ayatollah Yousef Madani Tabrizi addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)". Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful. Since the mid-1980s, the Iranian government has legalized the practice of sex reassignment surgery (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a fatwa allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal. Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution. Tanaz Eshaghian's 2008 documentary '' Be Like Others'' highlighted this. The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in
Tehran Tehran (; fa, تهران ) is the largest city in Tehran Province and the capital of Iran. With a population of around 9 million in the city and around 16 million in the larger metropolitan area of Greater Tehran, Tehran is the most popul ...
. The film was featured at the
Sundance Film Festival The Sundance Film Festival (formerly Utah/US Film Festival, then US Film and Video Festival) is an annual film festival organized by the Sundance Institute. It is the largest independent film festival in the United States, with more than 46,66 ...
and the
Berlin International Film Festival The Berlin International Film Festival (german: Internationale Filmfestspiele Berlin), usually called the Berlinale (), is a major international film festival held annually in Berlin, Germany. Founded in 1951 and originally run in June, the fest ...
, winning three awards. Sarah Farizan's novel ''
If You Could Be Mine ''If You Could Be Mine'' is a 2013 young adult novel by Sara Farizan. The book tells the story of Sahar, an Iranian teenage girl who is willing to go through sex reassignment surgery so she can marry her best friend, Nasrin. The book was received ...
'' explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female. Trans men and trans women are treated differently from each other in Iranian society. Trans men are more visible socially and are able to find acceptance in society more easily than trans women, who are often misgendered and put in the same category as gay men.


Blood donation

Homosexuals and bisexuals are banned from donating blood in Iran. The ban also extends to lesbians.


Censorship

In 2002, a book entitled ''Witness Play'' by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
writers were homosexuals and bisexuals. In 2004, the
Tehran Museum of Contemporary Art Tehran Museum of Contemporary Art, ( Persian: موزه هنرهای معاصر تهران), also known as TMoCA, is among the largest art museums in Tehran and Iran. It has collections of more than 3,000 items that include 19th and 20th centur ...
loaned a collection of artwork that formerly belonged to
Shah Shah (; fa, شاه, , ) is a royal title that was historically used by the leading figures of Iranian monarchies.Yarshater, EhsaPersia or Iran, Persian or Farsi, ''Iranian Studies'', vol. XXII no. 1 (1989) It was also used by a variety of ...
Mohammed Reza Pahlavi Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the monoth ...
that had been locked away since the Revolution in 1979 to the
Tate Britain Tate Britain, known from 1897 to 1932 as the National Gallery of British Art and from 1932 to 2000 as the Tate Gallery, is an art museum on Millbank in the City of Westminster in London, England. It is part of the Tate network of galleries in ...
. The artwork included explicit homoerotic artwork by
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
and the government in Iran stated that upon its return, it would also be put on display in Iran. In 2005, the Iranian
Reformist Reformism is a political doctrine advocating the reform of an existing system or institution instead of its abolition and replacement. Within the socialist movement, reformism is the view that gradual changes through existing institutions can ...
paper ''
Shargh ''Shargh'' ( fa, شرق, lit=East) is one of the most popular Reformist newspapers in Iran. History and profile ''Shargh'' was founded in 2003. The daily is managed by Mehdi Rahmanian. Its chief editor was Mohammad Ghouchani in its first period ...
'' was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body". The conservative paper '' Kayhan'' attacked the interview and the paper, "
Shargh ''Shargh'' ( fa, شرق, lit=East) is one of the most popular Reformist newspapers in Iran. History and profile ''Shargh'' was founded in 2003. The daily is managed by Mehdi Rahmanian. Its chief editor was Mohammad Ghouchani in its first period ...
has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality." To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."


Violence

In May 2021, a 20-year-old Iranian was murdered, allegedly by his half-brother and cousins, days after the military mailed him a document exempting him from military service because of his sexual orientation. LGBT Iranians have fled Iran in recent years hoping to gain asylum in Europe.


Exiled political parties and groups

The government in Iran does not allow a political party or organization to endorse LGBT rights. Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations. The Green Party of Iran has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion". The Worker Communist Party of Iran homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public". The leftist
Worker's Way The Worker's Way ( fa, راه کارگر, Rāh-e Kārgar) is an Iranian Marxist-Leninist political organisation formed in 1978, by former affiliates of other leftist groups. It is currently exiled in Germany. This Organization firstly established ...
, the liberal Glorious Frontiers Party, and the center-right Constitutionalist Party of Iran have all expressed support for the separation of religion and the state, which might promote LGBT rights.


LGBT rights movement

In 1972, scholar Saviz Shafaie gave a public lecture on homosexuality at
Shiraz University Shiraz University ( fa, دانشگاه شیراز ''Dāneshgāh-e-Shirāz'', formerly known as Pahlavi University دانشگاه پهلوی ''Dāneshgāh-e Pahlavi'') is a public university located in Shiraz, Fars, Iran, established in 1946. ...
and in 1976 would research sexual orientation and gender issues at
Syracuse University Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York. Established in 1870 with roots in the Methodist Episcopal Church, the university has been nonsectarian since 1920. Locate ...
. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000. In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by
Arsham Parsi Arsham Parsi is an Iranian LGBT human rights activist living in exile in Canada. He is the founder and head of the Iranian Railroad for Queer Refugees, International Railroad for Queer Refugees. Personal life Parsi was born in Shiraz, Iran. As ...
, a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "
Iranian Railroad for Queer Refugees The International Railroad for Queer Refugees, formerly known as the Iranian Railroad for Queer Refugees (IRQR), is an advocacy group for LGBT rights in Iran. It was founded and is headed by Executive Director Arsham Parsi. It was set up on behal ...
" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran. Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Mafi mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Mafi currently resides in San Francisco, California, which hosts a prominent gay community. In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles. During protests against the outcome of the Iranian election in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights. In 2010, a group of LGBT activists inside Iran declared a day to be Iran Pride Day. The day is on the fourth Friday of July and is and celebrated annually in secret. As of 2012,
OutRight Action International OutRight Action International (OutRight) is a LGBTIQ human rights non-governmental organization that addresses human rights violations and abuses against lesbian, gay, bisexual, transgender and intersex people. OutRight Action International docum ...
develops an online resource fo
LGBTIQ Iranians in Persian
JoopeA organized the ''Iran in Amsterdam Pride'' as the ''Iran Boat'' ( nl, Iraanse Boot) in the
Amsterdam Gay Pride Amsterdam Pride, Amsterdam Gay Pride or Pride Amsterdam is a citywide queer-festival held annually at the center of Amsterdam during the first weekend of August. The festival attracts several hundred-thousand visitors each year and is one of ...
festival in 2017 and 2018. The Iran Boat won the ''Best of Pride Amsterdam 2018'' ( nl, Publieksprijs) award.


HIV/AIDS

Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of
HIV/AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
have been quite progressive. The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise. In 1997, Dr. Arash Alaei and his brother, Kamiar, were given permission to open up a small office for
HIV/AIDS research HIV/AIDS research includes all medical research that attempts to prevent, treat, or cure HIV/AIDS, as well as fundamental research about the nature of HIV as an infectious agent and AIDS as the disease caused by HIV. Transmission A body of sc ...
among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms. While there are shortages, medication is given to all Iranian citizens free of charge. The Alaei brothers were joined in their educational campaign by Dr. Minoo Mohraz, who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it. In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS. The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government. In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher. Officially, drug addiction is the most common way that Iranians become infected. While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT people has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs or gays.


Asylum cases

The consequences of a same-sex relationship deemed a punishable crime or even death in Iran, results in a toil that forces many LGBT people to seek asylum in countries where the life situation is better. Many LGBT individuals seek refugee status from the UNHCR to be resettled in Australia, Canada, or the United States. Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations. In 2001, 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 Nati ...
rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity. Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful. In 2005, the Japanese government rejected an asylum plea from another Iranian gay man. That same year, the Swedish government also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regards to Iranians claiming to be victims of the anti-gay policies in Iran. In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister
Rita Verdonk Maria Cornelia Frederika "Rita" Verdonk (born 18 October 1955) is a retired Dutch politician of the People's Party for Freedom and Democracy (VVD) and later founder of the Proud of the Netherlands (Trots) party and businesswoman. Verdonk attend ...
said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported. The United Kingdom came under fire for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of
Kiana Firouz Kiana Firouz is an Iranian activist and filmmaker currently residing in the UK. She was the lead actress in the film ''Cul-de-Sac'', a drama-documentary based on her own life and work, which was released in the UK in May 2010. In Iran, she worked u ...
and
Mehdi Kazemi Mehdi Kazemi (مهدی کاظمی, born 1989) is an Iranian man who is wanted in Iran for sodomy. Originally in the UK to study, he was granted asylum by Britain in 2008. Background Since the 1979 Iranian revolution, the legal code has been based ...
.


Views of the government on homosexuality

Iran's state media have shown hatred toward homosexuals on many occasions. In particular, ''
Mashregh News Mashregh News ( fa, مشرق‌نیوز, ) is a non-governmental news website in Iran. It has been described as "close to the security and intelligence organizations" but till now there have been no clear documents to prove claims. It is based in T ...
'', a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment". In October 2007, the then President of Iran
Mahmoud Ahmadinejad Mahmoud Ahmadinejad ( fa, محمود احمدی‌نژاد, Mahmūd Ahmadīnežād ), born Mahmoud Sabbaghian ( fa, محمود صباغیان, Mahmoud Sabbāghyān, 28 October 1956),
, speaking to
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
, stated that "In Iran, we don't have homosexuals", though his spokesperson later stated that his comments were misunderstood. In a November 2007 meeting with his British counterpart, Iranian member of parliament, Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, "if homosexual activity is in private there is no problem, but those in overt activity should be executed". In a March 2013 interview on the state television, Iran's secretary of High Council for Human Rights,
Mohammad-Javad Larijani Mohammad-Javad Ardeshir Larijani ( fa, محمدجواد لاریجانی; born ) is an Iranian conservative politician and former diplomat. He is currently a top adviser to the Ayatollah Ali Khamenei in foreign affairs and secretary of High Co ...
called homosexuality an "illness" while denying the persecution of gay people in Iran. He stated that "Promoting homosexuality is illegal and we have strong laws against it. ... We consider homosexuality an illness that should be cured. We don't consider it acceptable to beat or mistreat homosexuals, either. ... omosexualityis considered as a norm in the west and they are forcing us to accept it. We are strongly against this." The Chief Justice of Iran,
Sadeq Larijani Sadeq Ardeshir Larijani ( fa, صادق اردشیر لاریجانی; born 12 March 1961), better known as Amoli Larijani ( fa, آملی لاریجانی), is an Iranian scholar, conservative politician, and current chairman of Expediency Discern ...
at a 2014 conference in Tehran denied the execution of gay people in Iran, stating "That they say we execute homosexuals is not more than a lie. ... We do not provide these people with opportunity, but what they say that we hang them is a lie that they have fabricated for the Islamic Republic." In June 2019, in a press conference held in
Tehran Tehran (; fa, تهران ) is the largest city in Tehran Province and the capital of Iran. With a population of around 9 million in the city and around 16 million in the larger metropolitan area of Greater Tehran, Tehran is the most popul ...
between
Mohammad Javad Zarif Mohammad Javad Zarif Khansari ( fa, محمدجواد ظریف خوانساری, Mohammad-Javād Zarīf Khānsāri ; ; born 8 January 1960) is an Iranian career diplomat and academic. He was the foreign minister of Iran from 2013 until 2021 in th ...
Minister of Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
and
Heiko Maas Heiko Josef Maas (; born 19 September 1966) is a German lawyer and politician of the Social Democratic Party (SPD) who served as the Federal Minister of Foreign Affairs (2018–2021) and as the Federal Minister of Justice and Consumer Protectio ...
Minister of Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
, openly gay German journalist Paul Ronzheimer of the tabloid '' Bild'' asked Zarif "Why are homosexuals executed in Iran because of their sexual orientation?", to which Zarif seem to affirm that execution of gay people takes place by saying that his "society has principles. And we live according to these principles. These are moral principles concerning the behavior of the people in general, and that means that the law is respected and the law is obeyed."


Films about LGBTQ in Iran

* ''I don't like her'' directed by
Javad Daraei Javad Daraei (Persian:جواد دارایی, born 1992) is an Iranian film director, screenwriter, and filmmaker of cinema and cinematography Cinematography (from ancient Greek κίνημα, ''kìnema'' "movement" and γράφειν, ''gr ...
* '' Facing Mirrors'' directed by Negar Azarbayjani * '' Be Like Others'' directed by Tanaz Eshaghian. * ''
White Paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
'' directed by Seyed Mohsen Pourmohseni Shakib.


Human rights reports


United States Department of State


Country Reports on Human Rights Practices of 2017

Children
The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity. Security forces harassed, arrested, and detained individuals they suspected of being gay or transgender. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. Punishment for same-sex sexual activity between men was more severe than between women. According to international and local media reports, on April 13 at least 30 men suspected of homosexual conduct were arrested by IRGC agents at a private party in Isfahan Province. The agents reportedly fired weapons and used electric Tasers during the raid. According to the Canadian-based nonprofit organization Iranian Railroad for Queer Refugees, those arrested were taken to Dastgerd Prison in Isfahan, where they were led to the prison yard and told they would be executed. The Iranian LGBTI activist group 6Rang noted that, following similar raids, those arrested and similarly charged were subjected to forced “anal” or “sodomy” tests and other degrading treatment and sexual insults. The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes. The law requires all male citizens over age 18 to serve in the military, but exempts gay men and transgender individuals, who are classified as having mental disorders. New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified the individuals as gay or transgender and put them at risk of violence and discrimination. The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.


Summary table


See also

*
Human rights in Iran From the Imperial Pahlavi dynasty (1925 to 1979), through the Islamic Revolution (1979), to the era of the Islamic Republic of Iran (1979 to current), government treatment of Iranian citizens' rights has been criticized by Iranians, by interna ...
*
LGBT rights in the Middle East Lesbian, gay, bisexual, and transgender (LGBT) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up t ...
*
LGBT rights in Asia Lesbian, gay, bisexual, and transgender (LGBT) rights in Asia are limited in comparison to many other areas of the world. Same-sex sexual activity is outlawed in at least twenty Asian countries. While at least eight countries have enacted protect ...
*
LGBT history in Iran The history of LGBT people in Iran spans thousands of years. Homosexuality has been viewed as a sin in Islam, and is outlawed in almost all Muslim-majority countries, including Iran. In pre-Islamic Iran, a tradition of homosexuality existed, howe ...
* Gender Identity Organization of Iran *'' Be Like Others'', a documentary film about transsexuality in Iran * Transgender rights in Iran * Murder of Ali Fazeli Monfared *
Capital punishment for homosexuality Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws ...


References


Further reading

*


External links

* Safra Projec
Country Information Report Iran
2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15.

* * {{DEFAULTSORT:Iran Persecution of LGBT people