Lesbian, gay, bisexual, & transgender (LGBT) people in Palestine face a precarious situation due to a lack of civil rights legislation aimed at tackling discrimination. There is also a significant legal divide between the

West Bank The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...

and

Gaza Strip The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...

. In the West Bank, same-sex acts were decriminalized in the adoption of the Jordanian Penal Code of 1951 following the Jordanian annexation. Gaza, however, still follows the British Mandate Criminal Code Ordinance, No. 74 of 1936, which outlaws same-sex acts between men, with the current punishment being up to 10 years in prison.

Criminal law and civil rights

In the

State of Palestine Palestine ( ar, فلسطين, Filasṭīn), Legal status of the State of Palestine, officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state (polity), state located in Western Asia. Officiall ...

, there is no specific, stand-alone

civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...

legislation that protects

LGBT people The LGBT community (also known as the LGBTQ+ community, GLBT community, gay community, or queer community) is a loosely defined grouping of lesbian, gay, bisexual, transgender, and other queer individuals united by a common culture and social ...

from discrimination or harassment. While hundreds of queer Palestinians are reported to have fled to

Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...

because of the hostility they face in Palestine, they have also been subject to

house arrest In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...

deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...

from Israel by Israeli authorities on account of the in-applicability of the law of asylum to areas or nations in which Israel is in conflict. According to a 2010 compendium of laws against

homosexuality 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 peop ...

produced by the International

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 ...

Transsexual Transsexual people experience a gender identity that is inconsistent with their assigned sex, and desire to permanently transition to the sex or gender with which they identify, usually seeking medical assistance (including sex reassignment ...

and

Intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bina ...

Association (

ILGA Ilga or ILGA may refer to: * Ilga (river), a river in Russia, tributary of the Lena * International Lesbian, Gay, Bisexual, Trans and Intersex Association, or ILGA * Illinois General Assembly, in the United States * Ilga, a Latvian feminine given ...

), the decriminalization of homosexuality in Palestine is patchwork. On the one hand, same-sex acts were decriminalized in the Jordanian-controlled West Bank in 1951 and remain so to this day. On the other hand, in the Gaza Strip, the British Mandate Criminal Code Ordinance, No. 74 of 1936 remains in force and continues to outlaw same-sex acts between men. Because queer women are not subjects of the code, their relations are thus, technically, not unlawful. 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 ...

's 2020 report on Palestine, "Section 152 of the Penal Code in Gaza criminalizes

ale Ale is a Type of beer, type of beer brewed using a Warm fermentation, warm fermentation method, resulting in a sweet, full-bodied and fruity taste. Historically, the term referred to a drink brewed without hops. As with most beers, ale typicall ...

consensual same-sex sexual activity and makes it punishable by up to 10 years' imprisonment." Palestine has no civil rights laws that protect LGBT people from discrimination nor harassment. The Palestinian Authority has not legislated either for or against homosexuality. "On the legal level, the President of the Palestinian Authority issued his first decision on 20 May 1994 which provided that legislation and laws that were effective before 5 June 1967 in the West Bank and Gaza Strip would remain effective" – and, in line with almost all other Palestinian laws, the confused legal legacy of foreign occupation – Ottoman,

British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

, Jordanian,

Egyptian Egyptian describes something of, from, or related to Egypt. Egyptian or Egyptians may refer to: Nations and ethnic groups * Egyptians, a national group in North Africa ** Egyptian culture, a complex and stable culture with thousands of years of ...

and Israeli – continues to determine the erratic application or non-application of the criminal law to same-sex activity and gender variance in each of the territories. In 2013, a gay Palestinian man told reporters that "local

Palestinian Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,

police are aware and keep files on him and other homosexuals, blackmailing them into working as spies and informants." He reported stories "of guys being called at random and told to come into alestinian Authoritypolice stations, with threats their families would be told about their sexuality if they didn't show up." The same report noted that

Israeli intelligence Mossad ( , ), ; ar, الموساد, al-Mōsād, ; , short for ( he, המוסד למודיעין ולתפקידים מיוחדים, links=no), meaning 'Institute for Intelligence and Special Operations'. is the national intelligence agency ...

offered another gay Palestinian man free entry into Israel on an ongoing basis to visit his Israeli boyfriend if he provided "the names of the organizers, the religious people in the villages and names of children throwing stones at Israeli military jeeps." The report noted that Mossad had been tracking his location through his cell phone. The man did not cooperate despite fear that the Israelis would reveal his sexuality to his family and community, who would reject him. It is not reported if anything subsequently was disclosed. In February 2016, the armed wing of Palestinian militant group

Hamas Hamas (, ; , ; an acronym of , "Islamic Resistance Movement") is a Palestinian Sunni-Islamic fundamentalist, militant, and nationalist organization. It has a social service wing, Dawah, and a military wing, the Izz ad-Din al-Qassam Bri ...

(classified as a

terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

organization by the United Kingdom, the EU,

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, Israel,

Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...

and

USA The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

) which rules Gaza executed Mahmoud Ishtiwi - one of the group's leading commanders - under allegations of gay sex and theft. Ishtiwi left two wives and three children. In August 2019, the Palestinian Authority announced that LGBT groups were forbidden to meet in the West Bank on the grounds that they are "harmful to the higher values and ideals of Palestinian society". This was in response to a planned conference in

Nablus Nablus ( ; ar, نابلس, Nābulus ; he, שכם, Šəḵem, ISO 259-3: ; Samaritan Hebrew: , romanized: ; el, Νεάπολις, Νeápolis) is a Palestinian city in the West Bank, located approximately north of Jerusalem, with a populati ...

by Al-Qaws, a Palestinian LGBT group. The ban was later withdrawn by the end of the month following backlash.

Marriage and family

Gay Palestinians frequently seek refuge in Israel fearing for their lives, especially fearing death from members of their own families. "According to lawyer Shaul Gannon, from the Israeli LGBT organization The Aguda – Israel's LGBT Task Force, around 2,000 Palestinian homosexuals live in

Tel Aviv Tel Aviv-Yafo ( he, תֵּל־אָבִיב-יָפוֹ, translit=Tēl-ʾĀvīv-Yāfō ; ar, تَلّ أَبِيب – يَافَا, translit=Tall ʾAbīb-Yāfā, links=no), often referred to as just Tel Aviv, is the most populous city in the G ...

at any one time."

Media and cultural references

Several Israeli films and or television programs have dealt with the issue of LGBT Palestinians, often having relationships with LGBT Israelis. However, none of these films have been directed by LGBT Palestinians. * ''

Hide and Seek Hide-and-seek (sometimes known as hide-and-go-seek) is a popular children's game in which at least two players (usually at least three) conceal themselves in a set environment, to be found by one or more seekers. The game is played by one chose ...

'' (1980) - An Israeli drama film addressing themes of homosexuality between an Israeli Jew and a Palestinian Arab; the film is set in Mandatory Palestine in 1946. * '' Drifting'' (1983) – An Israeli film dealing with

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 is a ...

themes features two Palestinian men, among the many people that the hero meets and interacts with while looking for love. * '' The Bubble (Ha-Buah)'' (2007) – Two gay men, an Israeli and a Palestinian, face prejudice and other challenges while they date each other in

. * '' Zero Degrees of Separation'' – Explores the challenges facing same-sex couples in Israel when one of the partners is Palestinian or Arab. * ''

Out in the Dark ''Out in the Dark'' ( he, עלטה) is a 2012 Israeli romantic drama film which premiered at the Toronto International Film Festival in September 2012 and in Israel in the Haifa International Film Festival in October 2012. It is the directorial ...

'' (2012) – A romance between two gay men, an Israeli and a Palestinian. They put as much effort as they can to stay together, regardless of the law. *''

The Invisible Men The Invisible Men is a songwriting and music production trio consisting of Jason Pebworth, George Astasio and Jon Shave. Invisible Men's songs have so far achieved over 7 billion Spotify streams, 30 million record sales worldwide and the trio ...

'' (2012) – From Israeli filmmaker

Yariv Mozer Yariv (Mordechai) Mozer, (born 17 February 1978) is an Israeli film producer, screenwriter and film director. Tel Aviv Tel Aviv-Yafo ( he, תֵּל־אָבִיב-יָפוֹ, translit=Tēl-ʾĀvīv-Yāfō ; ar, تَلّ أَبِيب – يَافَا, translit=Tall ʾAbīb-Yāfā, links=no), often referred to as just Tel Aviv, is the most populous city in the G ...

, they must face another set of challenges.

HIV/AIDS

A Palestinian National

AIDS/HIV 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 m ...

Health program was established in 1998. Dr. Ezzat Gouda is the current doctor focusing on

sexually transmitted diseases Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral sex ...

for the

Palestinian Ministry of Health The Health Minister of the State of Palestine ( Abbreviation: MOH) is Dr. Mai al-Kaila.

Activism

The main argument against LGBTQ rights in Palestine is that homosexual behavior goes against religious and traditional values. The predominant religion,

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

, disapproves strongly of homosexuality as it is viewed as unnatural. This attitude greatly influences the government and its endeavors. While LGBTQ organizations often have to undergo major setbacks, many continue to fight for equal rights. In the early 2000s, two established groups formed to provide support to

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, bisexual,

trans Trans- is a Latin prefix meaning "across", "beyond", or "on the other side of". Used alone, trans may refer to: Arts, entertainment, and media * Trans (festival), a former festival in Belfast, Northern Ireland, United Kingdom * ''Trans'' (film ...

queer ''Queer'' is an umbrella term for people who are not heterosexual or cisgender. Originally meaning or , ''queer'' came to be used pejoratively against those with same-sex desires or relationships in the late 19th century. Beginning in the lat ...

, and questioning (LGBTQ) Palestinian people living within the borders of Israel, the Gaza Strip and the West Bank.

Al Qaws Al Qaws for Sexual and Gender Diversity in Palestinian Society (Arabic: القوس للتعددية الجنسية والجندرية في المجتمع الفلسطيني), often referred to as "alQaws" ("The ainow") , is a Palestinian civil so ...

("The bow" in Arabic, referencing a

rainbow A rainbow is a meteorological phenomenon that is caused by reflection, refraction and dispersion of light in water droplets resulting in a spectrum of light appearing in the sky. It takes the form of a multicoloured circular arc. Rainbows c ...

), the first official Palestinian LGBTQ organization, was founded in 2001 as a community project of the Jerusalem Open House for Pride and Tolerance to specifically address the needs of LGBTQ Palestinian people living in

Jerusalem Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...

. Al-Qaws has expanded since its founding and now hosts social activities in Jerusalem,

Haifa Haifa ( he, חֵיפָה ' ; ar, حَيْفَا ') is the third-largest city in Israel—after Jerusalem and Tel Aviv—with a population of in . The city of Haifa forms part of the Haifa metropolitan area, the third-most populous metropol ...

Jaffa Jaffa, in Hebrew Yafo ( he, יָפוֹ, ) and in Arabic Yafa ( ar, يَافَا) and also called Japho or Joppa, the southern and oldest part of Tel Aviv-Yafo, is an ancient port city in Israel. Jaffa is known for its association with the b ...

and the

as an arena of support for members of the LGBTQ Palestinian community. Al Qaws also hosts a telephone support line. In 2002, a second group formed to specifically address the needs of Palestinian lesbian women;

Aswat Aswat - Palestinian Feminist Center for Gender and Sexual Freedoms, also known as Aswat , is a feminist organization that advocates for lesbians and other LGBT women in the Palestinian community. The group was founded in 2003, making it the first P ...

("Voices" in Arabic) was founded as a project of the Palestinian

Feminist Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...

NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...

Kayan, at the

Haifa Feminist Center Haifa ( he, חֵיפָה ' ; ar, حَيْفَا ') is the List of cities in Israel, third-largest city in Israel—after Jerusalem and Tel Aviv—with a population of in . The city of Haifa forms part of the Haifa metropolitan area, the thir ...

. Aswat started as an anonymous email-list serving to provide support to Palestinian gay women, and has developed into an established working group that hosts monthly meetings for its approximately 60 members, and organizes lectures, events, and educational opportunities. Aswat translates and publishes original texts related to sexuality and gender identity previously unavailable in the Arabic language, and hosts the largest collection of Arabic-language texts related to homosexuality on its website. Aswat's efforts face challenges, and a

fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist i ...

was issued against co-founder Rauda Morcos. In 2010, the organization Palestinian Queers for

Boycott, Divestment, and Sanctions Boycott, Divestment and Sanctions (BDS) is a Palestinian-led movement promoting boycotts, divestments, and economic sanctions against Israel. Its objective is to pressure Israel to meet what the BDS movement describes as Israel's obligations ...

(PQBDS) was formed, aimed at challenging Israeli representation of gay life in Palestine and pinkwashing. They also run a website called Pinkwatching Israel. In 2015, a Palestinian artist named Khaled Jarrar painted a

rainbow flag A rainbow flag is a multicolored flag consisting of the colors of the rainbow. The designs differ, but many of the colors are based on the spectral colors of the visible light spectrum. The LGBT flag introduced in 1978 is the most recognized u ...

on a section of a West Bank wall, and a group of Palestinians painted over it. Jarrar said that he painted the rainbow flag to remind people that although

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 ...

was legalized in

the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, Palestinians still live in occupation. Jarrar criticized the paint-over, stating that it "reflects the absence of tolerance, and freedoms in the Palestinian society". Palestinian state police enforce moral codes of conduct, and the level of

police brutality Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to, ...

against LGBTQ people is immense. Much of that entails different levels of

harassment Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...

, ranging from the obstruction of events to violence against its members. Examples include the shut down of organizational events. In August 2019, the

banned LGBTQ community organizations from operating in the

in response to a planned

event. The ban was withdrawn by the end of the month following backlash. The LGBTQ rights movement can be a cause of dissension, as it raises questions of what freedom really means for the Palestinian people. It closely ties to the ongoing matters of the occupation of Palestine; many activists, like Maisan Hamdan, believe that once liberation is achieved for the land, this will not necessarily be followed with freedom for the LGBTQ people of Palestine.

Summary table

References

External links

Asylumlaw.org: Sexual Minorities & HIV Status (Palestine)
– various information packets used for asylum purposes
Call to Boycott World Pride in Jerusalem 2006
{{DEFAULTSORT:Lgbt Rights In The State of Palestine Human rights in the State of Palestine

Palestine __NOTOC__ Palestine may refer to: * State of Palestine, a state in Western Asia * Palestine (region), a geographic region in Western Asia * Palestinian territories, territories occupied by Israel since 1967, namely the West Bank (including East ...

LGBT in Palestine