LGBTQ rights in Yemen - Misplaced Pages

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LGBTQ rights in Yemen
Current (November 2021) political and military control in ongoing Yemeni Civil War (2014–present) Controlled by the Government of Yemen (under the Presidential Leadership Council since April 2022) and allies Controlled by Houthis-led Supreme Political Council Controlled by Al-Qaeda (AQAP) and Islamic State of Iraq and the Levant-affiliated Ansar al-Sharia Controlled by the UAE-backed Southern Transitional Council
Status	Illegal: Islamic Sharia Law is applied (Republic of Yemen)
Penalty	Lashes, prison and up to execution (Republic of Yemen) States under Houthi Movement: Capital punishment
Gender identity	No
Military	No
Discrimination protections	None
Family rights
Recognition of relationships	No recognition of same-sex unions
Adoption	No

Lesbian, gay, bisexual, transgender (LGBT) people in Yemen face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBT community additionally face stigmatization and homophobic violence among the broader population.

A provincial court in Yemen sentenced several people to death for engaging in homosexual acts in 2024.

Legality of same-sex sexual acts

Republic of Yemen

Constitutional law

Main article: Constitution of Yemen

The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBT rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of Islamic Shariah law.

Penal Code

Main article: Legal system of Yemen

Homosexuality was made illegal in British-controlled Aden in 1937 via the Indian Penal Code and in 1955 via the Penal Code of the Persian Gulf. The independent People's Democratic Republic of Yemen's 1976 penal code did not have any laws against homosexuality.

Punishment for homosexuality in present-day Yemen can originate from the 1994 penal code or from people seeking to enforce traditional Islamic morality.

Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death.

Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of lesbianism are punished with up to three years in prison.

In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death.

Yemeni Civil War (2014–present)

This section needs expansion. You can help by adding to it. (January 2018)

al-Qaeda in the Arabian Peninsula

In 2013 there were credible reports of members of the al-Qaeda in the Arabian Peninsula were killing men for allegedly being gay.

Islamic State

Main article: Persecution of gay and bisexual men by ISIL

Media censorship

Main articles: Censorship in the Middle East and Internet in Yemen

The government blocks access to webpages that express support of LGBT rights. This policy of censorship also extends to publications and magazines in Yemen.

In 2012, the magazine Al Thaqafiya was shut down by the government for publishing a review of the Egyptian film titled, Heena Maysara (translates to "Till things get better"). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBT rights while discussing the film.

In 2004, the Yemem Times, an English-language magazine, was allowed to publish an opinion piece opposing legal recognition of gay marriage.

In 2003, the Week, an Arabic-language magazine, published an article that included interviews with Yemeni men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government.

Summary table

Same-sex sexual activity legal	(Penalty: Lashes, prison and up to execution) Up to Death (Under Houthi movement)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

References

"Yemen". Human Dignity Trust. Retrieved 16 September 2023.
"13 sentenced to death for homosexuality in Yemen". L'Orient Today. 6 February 2024.
"Constitution of the Republic of Yemen, 1994". 28 February 2008. Archived from the original on 28 February 2008. Retrieved 17 December 2017.
Sofer, Jehoeda (1992). Sexuality and Eroticism Among Males in Moslem Societies. Psychology Press. ISBN 9781560240471.
^ "GayLawNet - Laws - Yemen". Gaylawnet.com. Retrieved 17 December 2017.
"No Place for Gays in Yemen - Inter Press Service". Ipsnews.net. 16 August 2013. Retrieved 17 December 2017.
Freedom House (2015). Freedom in the World 2015: The Annual Survey of Political Rights and Civil Liberties. Rowman & Littlefield Publishers. p. 755. ISBN 978-1-4422-5408-4.
York, April Glaser and Jillian C. (23 April 2014). "LGBTQ Communities in the Arab World Face Unique Digital Threats". Electronic Frontier Foundation. Retrieved 29 June 2021.
"Yemen | L'Observatoire mondial de la société de l'information". www.giswatch.org. Retrieved 10 February 2021.
Aljazeera, 18 May 2004

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v t e Criminalization of homosexuality
Death penalty	Afghanistan Brunei Iran Mauritania Saudi Arabia Uganda (Anti-Homosexuality Act, 2023) Yemen
Active	British colonies (Section 377, 1860–) Malaysia (1860–, with caning) Uganda (1894–)
Invalidated	Ecuador (1871-1997) India (Section 377, 1861–2018) Sri Lanka (Article 365, 1883–) United States
Repealed	Australia (1975/1997) Brazil (1533–1830) Canada (?–1969) Cyprus (Section 171, 1929–1998) Germany (Paragraph 175, 1871–1969/1994) New Zealand (1840–1986) Singapore (Section 377A, 1938–2007/2022) Norway (Section 213, ?–1972) Romania (Article 200, 1968–1996/2001) Russia (1832–1917, 1933–1993) South Africa (Section 20A, 1969–2007) United Kingdom (1533–1967/1982)
Related articles	Decriminalization of homosexuality Sodomy law LGBT rights Sharia law

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