Homosexuality laws of the world

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Image:World homosexuality laws.PNG
World laws on homosexuality
Image:SSM NorthAm 2006.PNG
Status of same-sex union laws in North America.
Image:Samesex Map Europe.png
Same-sex unions in Europe.

The countries of the world have a wide variety of laws relating to sexual relations between people of the same sex - everything from full same-sex marriage to the death penalty as punishment for homosexual intercourse. Among the first laws on same-sex love relations ca. 600 BC are those in ancient Crete and Sparta, which encouraged all adult men to engage in mentoring homoerotic friendships.

The first recorded laws against sexual intercourse between men dates to 550 BC during the Babylonian captivity of the Jewish people, it is recorded in Leviticus (though some scholars date Leviticus much older), and it prescribes the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex love relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from traditional interpretations of Judaism and its descendants: Christianity and Islam. With the advent of colonialism this attitude spread along with political control from the imperial powers of the Abrahamic religions. In post-colonial times some non-Abrahamic religions have maintained their adoptive views of homosexuality. Usually an Abrahamic religion is the primary factor when accounting for a law against homosexuality and the major supporter.

Christian psychologists in Europe also attempted to rationalize the negative views of sodomy predominant in Europe in the middle ages with secular language, calling it a disease, by which means it was later absorbed as non-religious science in Communist states.

In addition to laws against the practice of homosexuality, many countries around the world consider calling a person homosexual sufficient grounds for a libel lawsuit. For example, Jason Donovan and Liberace have sued newspapers that ran articles insinuating they were gay; both men won their lawsuits.

This is a list of laws around the world concerning homosexuality. The list is arranged alphabetically by region. It should be noted that this list should not be assumed to represent a standard for measuring a nation's views, per se. Many nations which retained negative laws for a lengthy period of time, or even retain them today, may in practice be less oppressive of homosexuality than this suggests, with such laws simply being unenforced anachronisms. Similarly, a country which lacks formal laws against it may possess a culture which is openly hostile and may chose to persecute individuals by other means.

For greater depth in coverage see these related articles.

Contents

[edit] Homosexuality laws

Country links marked "(☆)" feature special "Gay rights" articles about the country in question.

[edit] Africa

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
AlgeriaYes3 yearsFine-No 
AngolaYesUnknownUnknown-No
BeninYes3 yearsUnknown-No 
BotswanaYes7 yearsFine-No 
Burkina FasoNo---NoSee Gay rights in Burkina Faso
BurundiNo---No
CameroonYes5 yearsFine-NoSee Gay rights in Cameroon
Cape VerdeNo---NoHomosexual acts decriminalised by the new Penal Code of 2004.
Central African RepublicNo---NoSee Gay rights in the Central African Republic
ChadNo---NoSee Gay rights in Chad
ComorosUnclear---No 
Republic of the CongoNo---NoSee Gay rights in the Republic of the Congo
Côte d'IvoireNo---No 
DjiboutiYesUnknownUnknown-No 
EgyptUnclear---NoAlthough not illegal, commonly oppressed with vague morality laws. See Gay rights in Egypt
Equatorial GuineaNo---No 
EritreaYes3 years10 days-No 
EthiopiaYes3 years10 days-No 
GabonNo---NoAs of 1994, the age of consent for "gross indedency" and "act against nature" was 21, while it was 15 for most other sexual activity. See Gay rights in Gabon.
GambiaYes14 yearsFine-No 
GhanaYes??-NoSee Gay rights in Ghana
GuineaYes3 years6 months-No 
Guinea BissauYes??-No 
KenyaMale only14 yearsFine-NoSee Gay rights in Kenya
LesothoMale onlyUnknownUnknown-No 
LiberiaYesFineFine-No 
LibyaYes5 yearsFine-No 
MadagascarNo---No 
MalawiYes14 yearsUnknown-No 
MaliNo---NoSee Gay rights in Mali
MauritaniaYesDeathDeath-No 
MauritiusYes5 yearsFine-No 
MoroccoYes3 years6 months-NoSee Gay rights in Morocco
MozambiqueYes3 yearsFine-No 
NamibiaMale onlyUnknownUnknown-YesLaws against discrimination in Labour Code since 1992
NigerNo---NoSee Gay rights in Niger
NigeriaMale only14 yearsFine-NoAreas under Sharia have instituted death for men and women. See Gay rights in Nigeria
RwandaNo---No 
São Tomé and PríncipeYes??-No 
SenegalYes5 years1 month-No 
SeychellesYesUnknownUnknown-No 
Sierra LeoneYesLife--The Anti-Corruption Commission stated in a press release that in a bid to attract competent and qualified staff, they operate a transparent recruitment policy, which even forbids discrimination on the basis of sexual orientation.
SomaliaYes3 years3 months-NoAreas under Sharia have instituted death for men and women.
South AfricaNo--Unregistered CohabitationYesConstitution explicitly protects against sexual orientation discrimination. Supreme Court ruled in favor of same-sex marriage, coming in 2006. See Gay rights in South Africa
SudanYesDeath5 years-No 
SwazilandMale onlyPrisonFine-No 
TanzaniaYesLife--NoIn Zanzibar male homosexual acts are punished with up to 25 years imprisonment or fine. Lesbian acts are punished with up 7 years imprisonment or fine.
TogoYes3 yearsFine-No 
TunisiaYes3 yearsFine-NoSee Gay rights in Tunisia
UgandaMale onlyLife (20 years)Fine-No 
ZambiaMale only14 yearsFine-No 
ZimbabweMale only3 yearsFine-NoSee Gay rights in Zimbabwe

[edit] Asia

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
AfghanistanYes15 years5 years-NoHomosexuality is still a crime, but the death penalty (imposed under the Taliban) is no longer used. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. See Gay rights in Afghanistan.
BahrainMale only10 yearsFine-NoSee Gay rights in Bahrain
BangladeshYesLife10 years-No 
BhutanYes??-No 
BruneiYes10 yearsFine-No 
CambodiaNo---NoFormer king Norodom Sihanouk has called for legalization of same-sex marriage. See Gay rights in Cambodia
China (PRC)No---NoMarriage laws under-review. see Gay rights in China
Hong Kong No - - -ConsideredAD under consideration. Court ruling in 2005 equalised age of consent with that for heterosexual sex. The judgment is being appealed by the Government in 2006. See Gay rights in China#Hong Kong.
IndiaYesLifeFine-NoLaw remains on books but government does not prosecute, criminalizes 'carnal intercourse against the order of nature with any man, woman, or animal'. See Gay rights in India.
IndonesiaNo---NoIn 2003 a proposal to criminalize homosexuality failed.
IranYesDeathDeath-NoSex change operations have been given official government support as means to cure a gender identity disease. Executions for homosexuality continue, most recently teenagers Mahmoud Asgari and Ayaz Marhoni. See LGBT rights in Iran.
IraqUnclear---NoCriminal code amended to include death penalty for homosexuality in 2001. The U.S. occupation restored the criminal code back to its original 1969 edition. No provisions of the current Iraqi criminal code deal with homosexuality. However, the government has issued a decree allowing Islamic laws relating to family issues to be enforced. Whether this criminalizes adultery and homosexuality is unclear. See Gay rights in Iraq.
IsraelNo--Civil Partnership (Under process of legislation)YesFairly strong support for giving legal recognition to same-sex couples. Only Middle Eastern nation to support gay rights legislation. The armed forces of Israel allow service without any distinction based on sexual orientation. See Gay rights in Israel.
JapanNo---YesAD in Human Rights Act since 2001. See Gay rights in Japan.
JordanNo---NoWhile not a crime, reports have shown that gays can be victims of vigilante "honor killings." See Gay rights in Jordan.
KazhakstanNo---No 
KuwaitYes7 yearsFine-No 
KyrgyzstanNo---No 
LaosNo---NoUS Department of state says that no discrimination against homosexuals exist, and this is verified by an interview with gay men in Laos by a Swedish newspaper in 1992. For further details see Penal Code.[1]
LebanonYes1 yearFine-NoA small public campaign exists to legalize homosexual relations between consenting adults in private. See Gay rights in Lebanon.
MacaoNo---No 
MalaysiaYes20 yearsFine-NoFormer Deputy Prime Minister Anwar Ibrahim, who was himself jailed for homosexuality, has called for their repeal. The daughter of former Prime Minister Mahathir Mohamad, Marina Mahathir, has called for an end to discrimination based on sexual orientation.[2] However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation.[3]
MaldivesMale only10 yearsFine-No 
MongoliaNo---No 
MyanmarYesLife10 years-No 
NepalYes1 year--No 
North KoreaNo---NoNo public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See Gay rights in North Korea.
OmanYes3 yearsFine-No 
PakistanMale onlyLife2 years-No  See Gay rights in Pakistan
Palestinian AuthorityPartly??-No Homosexual acts illegal in Gaza by the Criminal Code Ordinance 1936 in force. While it is legal in the West Bank where the Jordan Penal Code of 1960 in in force, some are arrested or tortured. Gay Palestinians often attempt to flee to Israel as they are targeted for death in Palestinian-controlled areas. See Gay Palestinian issues.
PhilippinesNo---ConsideredCommunist Party facilitates same-sex marriage. Same-sex marriages banned since 2003.   See Gay rights in the Philippines
QatarYes5 yearsFine-No 
Saudi ArabiaYesDeathDeath-NoJail time, fines or whipping may be used in lieu of the death penalty. See Gay rights in Saudi Arabia
SingaporeYesLife2 years-NoLaw is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties. [4] Government officials have made calls to embrace diversity. Former Prime Minister Goh Chok Tong stated that open homosexuals can be employed in the civil workforce. See Discrimination against homosexuals in Singapore.
South KoreaYes1 years1 years-NoDiscrimination based on sexual orientation is against the law, though military service is restricted and gay websites are censored. Currently Korean military penal code stricts homosexual acts whether consented or not to a maximum of one year servitude. Discrimination exists in the procedure for the military physical examination, and also a man with the military discharge record which blocks the regular employment chance. See Gay rights in South Korea.
Sri LankaYes10 yearsFine-No 
SyriaYes3 yearsFine-No 
TaiwanNo---NoPending law allows same-sex marriage. See Gay rights in Taiwan.
TajikistanNo---No 
ThailandNo---No Thailand now permits gays and transsexuals to serve in its military. [5]. See Gay rights in Thailand
TurkmenistanMale only2 yearsFine-No 
United Arab EmiratesYesDeathUnknown-NoSee Gay rights in the United Arab Emirates.
UzbekistanMale only3 yearsFine-NoOnly applies to anal sex.
VietnamNo--- NoSame-sex marriages banned since 1998. Reports suggest that this law may extend to a prohibition on same-sex couples living together or having any sort of public commitment celebration.
YemenYesDeathFlogging-No 

[edit] Europe

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
AlbaniaNo---No 
AndorraNo--Stable unionsUnknown 
ArmeniaNo---No 
AustriaNo---YesSee Gay rights in Austria.
AzerbaijanNo---No 
BelgiumNo--Same-sex marriageYesSee Gay rights in Belgium
BelarusNo---NoSee Gay rights in Belarus.
Bosnia-HerzegovinaNo---YesAD in Gender Equality Act since 2003. See Gay rights in Bosnia and Herzegovina
BulgariaNo---YesGay rights in Bulgaria
CroatiaNo--Unregistered cohabitationYesSee Gay rights in Croatia.
CyprusNo---YesSee Gay rights in Cyprus
Czech RepublicNo--Registered partnershipYesSee Gay rights in the Czech Republic
DenmarkNo--Registered partnershipYesFirst counry to legalize same-sex partnerships of any kind (1989) See Gay rights in Denmark
EstoniaNo---YesSee Gay rights in Estonia
Faroe IslandsNo---No 
FinlandNo--Registered partnershipYesSee Gay rights in Finland.
FranceNo--pacte civil de solidaritéYesIt should be noted that French civil unions are not explicitly for same-sex couples, and are becoming an increasingly popular choice among all couples. See Gay rights in France.
GeorgiaNo---Yes 
GermanyNo--Registered partnershipYesSee Gay rights in Germany
GreeceNo---YesSee Gay rights in Greece
Guernsey  
HungaryNo--Unregistered cohabitationYesSee Gay rights in Hungary
IcelandNo--Registered partnershipYes 
IrelandNo---YesSee Gay rights in the Republic of Ireland.
Isle of ManNo---Yes 
ItalyNo--Some regionsYesCivil unions are recognised in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo.
JerseyNo ---No 
LatviaNo---NoSame-sex marriages banned.
LiechtensteinNo---YesGay rights in Liechtenstein
LithuaniaNo---Yes 
LuxembourgNo--Registered partnershipsYes 
MacedoniaNo---NoSee Gay rights in Macedonia.
MaltaNo---Yes 
MoldovaNo---Considered 
MonacoNo--YesYes 
MontenegroNo---NoSee Gay rights in Montenegro.
NetherlandsNo--Same-sex marriage and Registered partnershipsYes See Gay rights in the Netherlands.
NorwayNo--Registered partnershipYes 
PolandNo---YesSee Gay rights in Poland.
PortugalNo--Registered partnershipYesSee Gay rights in Portugal.
RomaniaNo---YesSee Gay rights in Romania.
RussiaNo---NoProposals (by NPRF)to recriminalize homosexuality failed in 2002, 2003 and 2004. See Gay rights in Russia.
San MarinoNo---No 
SerbiaNo---Yes*AD in Kosovo since 2001. See Gay rights in Serbia.
SlovakiaNo---YesSee Gay rights in Slovakia.
SloveniaNo--Registered partnershipYes 
SpainNo--Same-sex marriageYesUnregistered and Registered Cohabitation in a number of regions. See Gay rights in Spain.
SwedenNo--Registered partnershipYesPartnerships have the same rights as heterosexual marriage including adoption, but are legally distinct from marriage. See Gay rights in Sweden.
SwitzerlandNo--Registered partnershipNo 
TurkeyNo---NoSee Gay rights in Turkey.
UkraineNo---NoSee Gay rights in Ukraine.
United KingdomNo--Civil partnershipYesSee Gay rights in the United Kingdom.
Vatican CityNo---NoHomosexuality is technically legal, but contrary to the teachings of the ruling Roman Catholic Church.

[edit] North and Central America

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
Antigua and BarbudaYes15 years--UnknownApplies to both women and men
ArubaNo--?YesThe Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognize civil unions and same-sex marriage as valid. However, the Aruban Government says it won't recognize them. A judge ruled in favor of the Dutch Government, case is now pending in higher court.
BahamasNo---No 
BarbadosYesLife--NoLaws currently under review.
BelizeYesUnknown--No 
BermudaNo---Considered 
CanadaNo--Same-sex marriageYesAnti-discriminatory laws provided by constitution and Egan v. Canada; in all provincial/territorial civil rights codes since Vriend v. Alberta. Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. For more, see Gay rights in Canada.
Cayman IslandsNo---Yes 
Costa RicaNo---YesSame-sex marriages banned. Scandalous sodomy is banned.
CubaNo---No See Gay rights in Cuba.
Dominican RepublicNo---No 
El SalvadorNo---No 
GrenadaMale only10 years--No 
GuadeloupeNo--Pacte civil de solidaritéYes Guadeloupe is part of the Département Français d'Amérique, so French Law is in force. See Gay rights in France.
GuatemalaNo---YesAD in Youth and Childhood Act since 1997
HaitiNo---No 
HondurasNo---NoSame-sex marriages and adoption banned in the Constitution since 2005.
JamaicaMale only10 years10 years-NoSee LGBT rights in Jamaica.
MartiniqueNo--Pacte civil de solidarité.YesMartinique is part of the Département Français d'Amérique, so French Law is in force. See Gay rights in France.
MexicoNo---YesMexican Congress reformed the Constitution in 2001, to forbid discrimination of any kind; in 2003, this change produced the Federal Law to Prevent Discrimination that forbids discrimination by sexual orientation;
Netherlands AntillesNo--YesYesAs part of the Kingdom of the Netherlands, civil unions and same-sex marriage are recognized as valid, however, they cannot be performed in the Netherlands Antilles themselves.
NicaraguaYes3 yearsFine-No 
PanamaNo---No 
Saint Kitts and NevisMale only10 years--No 
Saint LuciaMale only10 yearsFine-No 
Saint Vincent and the GrenadinesYes10 yearsUnknown-NoApplies to both men and women
Trinidad and TobagoYes25 yearsFine-NoApplies to both men and women
Turks and Caicos IslandsNo---No 
United StatesNo. See Lawrence v. Texas--Civil Unions: VT, CT. Domestic partnerships: CA, NJ, ME, DC. Reciprocal benefits: HI. Same-sex marriage: MA.Yes Some states cover sexual orientation and gender identity, some only cover sexual orientation and some do not cover either. See National Gay and Lesbian Task Force Resource Library [6]. Also see Gay rights in the United States for further information.

[edit] Oceania

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
AustraliaNo--Same-sex relationship registration (Tasmania only)YesDomestic partnerships in all but South Australia and Victoria. Same-sex marriages banned under federal law. A registration scheme exists in Tasmania giving some rights to same-sex couples. See Gay rights in Australia.
Cook IslandsMale only14 yearsFine-No 
FijiNo---YesSodomy law ruled unconstitutional by Fiji High Court on August 26, 2005. Constitution explicitly protects against sexual orientation discrimination. See Gay rights in Fiji.
GuamNo---No 
KiribatiMale only14 yearsFine-No 
Marshall IslandsMale only10 yearsFine-No 
MicronesiaNo---No 
NauruUnknownUnknownUnknown-No 
New CaledoniaNo--Considered. See Pacte civil de solidarité.No 
New ZealandNo--Civil unionsYesSee Gay rights in New Zealand.
NiueMale only10 yearsFine-No 
PalauMale only10 yearsFine-No -
Papua New GuineaMale only14 yearsFine-No 
SamoaYes7 yearsFine-No 
Solomon IslandsYes14 yearsFine-No 
Tahiti, French PolynesiaNo---No 
TokelauMale only10 yearsFine-No 
TongaMale only10 yearsFine-No 
TuvaluMale only14 yearsFine-No 
VanuatuNo---No 

[edit] South America

CountryLaws against homosexualityMax. PenaltyMin. PenaltySame-sex UnionsLaws against discriminationComments
ArgentinaNo--Civil unions in Buenos Aires City and Rio Negro Province.Yes 
BoliviaNo---No 
BrazilNo--Civil unions in Rio Grande do Sul.Yes* Ant-discriminatroy laws in some cities and states. Other Brazilian areas do not have specific laws to protect LGBT people. See Gay rights in Brazil.
ChileNo---Yes See Gay rights in Chile.
ColombiaNo---No 
EcuadorNo---YesAnti-discrimination laws have been in Ecuador's constitution since 1998. See Gay rights in Ecuador.
Falkland IslandsNo--YesNo 
French GuianaNo--Yes. See Pacte civil de solidarité.YesFrench Law applies. See Gay rights in France.
GuyanaMale onlyLifeLife-Considered 
ParaguayNo---No 
PeruNo---Yes 
SurinamNo---No 
UruguayNo--Uruguay to permit same-sex civil unionsYes 
VenezuelaNo--NoYes The 1999 Organic Labour Law provides protection forLGBT people. See Gay rights in Venezuela.

[edit] See also

[edit] External links

Template:Gay rights

Template:Lists of countriescs:Zákony týkající se homosexuality de:Gesetze zur Homosexualität es:Sodomía (delito) it:Omosessualità e legge hu:LMBT törvények nl:Sodomiewetgeving pt:Direitos dos homossexuais pelo mundo

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