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Revision as of 15:21, 13 January 2007 by Corticopia (talk | contribs) (→North America)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)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 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 are dated by scholars to circa 550 BC, during the Babylonian captivity of the Jewish people; they are recorded in Leviticus (though conservative scholars date Leviticus much older), and they prescribe 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 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.
Homosexuality laws
Country links marked "(☆)" feature special "Gay rights" articles about the country in question.
Africa
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Algeria | Yes | 3 years | Fine | - | No | See Gay rights in Algeria. |
☆Angola | No, yes who habitually practice homosexuality | Labor camps | Labor camps | - | No | See page 6 of and Gay rights in Angola. |
Benin | Yes | 3 years | Unknown | - | No | |
Botswana | Yes | 7 years | Fine | - | No | |
☆Burkina Faso | No | - | - | - | No | See Gay rights in Burkina Faso. |
Burundi | No | - | - | - | No | |
☆Cameroon | Yes | 5 years | Fine | - | No | See Gay rights in Cameroon. |
☆Cape Verde | No | - | - | - | No | Decriminalized homosexual acts by the new Penal Code of 2004. See Gay rights in Cape Verde. |
☆Central African Republic | No | - | - | - | No | See Gay rights in the Central African Republic. |
☆Chad | No | - | - | - | No | See Gay rights in Chad. |
☆Comoros | No | - | - | - | No | See Gay rights in Comoros. |
☆Republic of the Congo | No | - | - | - | No | See Gay rights in the Republic of the Congo. |
☆Democratic Republic of the Congo | No | - | - | - | No | See Gay rights in the Democratic Republic of the Congo. |
☆Côte d'Ivoire | No | - | - | - | No | See Gay rights in Côte d'Ivoire (Ivory Coast). |
☆Djibouti | Yes | Unknown | Unknown | - | No | See Gay rights in Djibouti. |
☆Egypt | No* (Prostitution law used against gay males) | - | - | - | No | *Although not illegal, commonly oppressed with vague morality laws. See page 13 of and Gay rights in Egypt. |
☆Equatorial Guinea | No | - | - | - | No | See Gay rights in Equatorial Guinea. |
☆Eritrea | Yes | 3 years | 10 days | - | No | See Gay rights in Eritrea. |
☆Ethiopia | Yes | 3 years | 10 days | - | No | See Gay rights in Ethiopia. |
☆Gabon | No | - | - | - | No | See Gay rights in Gabon. |
☆Gambia | Yes | 14 years | Fine | - | No | See Gay rights in Gambia. |
☆Ghana | Yes | Unknown | Unknown | - | No | See Gay rights in Ghana. |
☆Guinea | Yes | 3 years | 6 months | - | No | See Gay rights in Guinea. |
☆Guinea Bissau | Yes | Unknown | Unknown | - | No | See Gay rights in Guinea Bissau. |
☆Kenya | Male only | 14 years | Fine | - | No | See Gay rights in Kenya. |
☆Lesotho | Male only | Unknown | Unknown | - | No | See Gay rights in Lesotho |
☆Liberia | Yes | Fine | Fine | - | No | See Gay rights in Liberia. |
☆Libya | Yes | 5 years | Fine | - | No | See Gay rights in Libya. |
☆Madagascar | No* | - | - | - | No | *The age of consent is 21 for homosexual sex, lower for heterosexual sex. See Gay rights in Madagascar. |
Malawi | Yes | 14 years | Unknown | - | No | |
☆Mali | No | - | - | - | No | See Gay rights in Mali. |
☆Mauritania | Yes | Death | Death | - | No | See Gay rights in Mauritania. |
☆Mauritius | Yes | 5 years | Fine | - | No | See Gay rights in Mauritius. |
☆Morocco | Yes | 3 years | 6 months | - | No | See Gay rights in Morocco. |
☆Mozambique | No, yes who habitually practice homosexuality | Labor camps | Labor camps | - | No | See page 25 of and Gay rights in Mozambique. |
Namibia | Male only | Unknown | Unknown | - | Yes | Laws against discrimination in Labour Code since 1992. |
☆Niger | No* | - | - | - | No | *Age of consent at 21 for homosexual sex, lower for heterosexual sex. See Gay rights in Niger. |
☆Nigeria | Yes. See | Death/14 years* | Fine | - | No | *Areas under Sharia have instituted death for men and women. Talking or associating with a LGBT person can land you in jail. See and Gay rights in Nigeria. |
☆Rwanda | No* | - | - | - | No | *The homosexual age of consent set at 18, 16 for heterosexual sex. See Gay rights in Rwanda. |
☆São Tomé and Príncipe | No, yes who habitually practice homosexuality | Labor camps | Labor camps | - | No | See page 34 of and gay rights in São Tomé and Príncipe. |
☆Senegal | Yes | 5 years | 1 month | - | No | See Gay rights in Senegal. |
☆Seychelles | Yes | Unknown | Unknown | - | No | See Gay rights in Seychelles. |
Sierra Leone | Yes | Life | - | - | Yes* | *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. |
Somalia | Yes | Death/3 years* | 3 months | - | No | *Areas under Sharia have instituted death for men and women. |
☆South Africa | No* | - | - | Same-sex marriage | Yes | *The age of consent is under review and debate. See Ages of consent in Africa Constitution explicitly protects against sexual orientation discrimination. First country in Africa to legalize same-sex marriage. See Gay rights in South Africa |
☆Sudan | Yes | Death | 5 years | - | No | See Gay rights in Sudan. |
Swaziland | Male only | Prison | Fine | - | No | |
Tanzania | Yes | Life | - | - | No | In 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. |
☆Togo | Yes | 3 years | Fine | - | No | See Gay rights in Togo. |
☆Tunisia | Yes | 3 years | Fine | - | No | See Gay rights in Tunisia. |
☆Uganda | Male only | Life | Fine | - | No | See Gay rights in Uganda. |
☆Zambia | Male only | 14 years | Fine | - | No | See Gay rights in Zambia. |
☆Zimbabwe | Male only | 3 years | Fine | - | No | In July the Zimbabwe government passed the "sexual deviancy laws". See , and Gay rights in Zimbabwe. |
Asia
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Afghanistan | Unknown* | Unknown | Unknown | - | No | *Not sure if homosexuality is a crime or not since the country is under extreme war, 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 and Gay rights in Afghanistan. |
☆Bahrain | Male only | 10 years | Fine | - | No | See Gay rights in Bahrain. |
☆Bangladesh | Yes | Life | 10 years | - | No | See Gay rights in Bangladesh. |
☆Bhutan | Yes | Unknown | Unknown | - | No | See Gay rights in Bhutan. |
☆Brunei | Yes | 10 years | Fine | - | No | See Gay rights in Brunei. |
☆Cambodia | No | - | - | - | No | Former king Norodom Sihanouk has called for legalization of gay marriage. See Gay rights in Cambodia. |
☆Chechen Republic | Yes | Death* | Caning* | - | No | *Caning for the first and second convictions, the death penalty for the third conviction. See page 11 of and Gay rights in the Chechen Republic. |
☆China (PRC) | No | - | - | - | No | Marriage laws under-review. See Gay rights in China |
☆Hong Kong | No | - | - | - | Considered* | *AD under consideration. Court ruling in 2005 and 2006 equalized age of consent at 16 for all. See and the judgment appeal by the Government in 2006 pronounced the "buggery" law "dead". See and Gay rights in China#Hong Kong. |
☆India | Yes* | Life | Fine | - | No | *Law 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. |
☆Indonesia | No | - | - | - | No | homosexual acts are legal. However, article 292 (According to the Penal Code) criminalizes homosexual acts with a person under the age of 18, with up to 5 years imprisonment; The age of consent for heterosexual sex is 16 for females and 19 for males. In 2002, the Aceh province was given the right to instate Islamic sharia by laws by the national parliament. Such law only applies to muslims, and for example the city of Palembang in South Sumatra has introduced jail time and hefty fines, for homosexual acts. See also in 2003, a proposal to nationally criminalize homosexuality failed; See Gay rights in Indonesia. |
☆Iran | Yes | Death | Death (but many are imprisoned or pardoned "under the table") | - | No | Sex change operations have been given official government support as means to cure a gender identity disease. Law in Iran, in general, is not formally in order and is often abused by government officials. Executions for homosexuality continue, most recently teenagers Mahmoud Asgari and Ayaz Marhoni. See LGBT rights in Iran. |
☆Iraq | No* | - | - | - | No | *No provisions of the current Iraqi criminal code deal with homosexuality. The U.S. occupation restored the criminal code back to its original 1969 edition. Before 2003, the criminal code was amended in 2001 to include the death penalty for homosexuality. However currently, death squads are operating in the country killing gays. See and Gay rights in Iraq. |
☆Israel | No | - | - | Same sex marriage recognized in Israel. See and unregistered cohabitation | Yes | Fairly 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. |
☆Japan | No | - | - | - | Yes | AD in Human Rights Act since 2001. See Gay rights in Japan. |
☆Jordan and West Bank | No* | - | - | - | No | *While not a crime, reports have shown that LGBT people can be victims of vigilante "honor killings". See Gay rights in Jordan. |
☆Kazhakstan | No | - | - | - | No | See Gay rights in Kazhakstan. |
☆Kuwait | Yes | 7 years | Fine | - | No | See Gay rights in Kuwait. |
☆Kyrgyzstan | No | - | - | - | No | See Gay rights in Kyrgyzstan. |
☆Laos | No | - | - | - | No | See , and Gay rights in Laos. |
☆Lebanon | Yes | 1 year | Fine | - | No | A small public campaign exists to legalize homosexual relations between consenting adults in private. See Gay rights in Lebanon. |
☆Macao | No | - | - | - | No | See Gay rights in Macao. |
☆Malaysia | Yes | 20 years | Fine | - | No | Former 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. However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation. See Gay rights in Malaysia |
☆Maldives | Male only | 10 years | Fine | - | No | See Gay rights in The Maldives. |
☆Mongolia | No | - | - | - | No | “Satisfaction of sexual desire in unnatural
manner” is modified as of the Penal Code of 2002, and cannot be used for consensual homosexuality in private, from 2002. See and Gay rights in Mongolia. |
☆Myanmar/Burma | Yes | Life | 10 years | - | No | See Gay rights in Myanmar/Burma. |
☆Nepal | Yes | 1 year | Fine (5,000 rupees, approximately US$115.00) | - | No | See and Gay rights in Nepal. |
☆North Korea | No | - | - | - | No | No public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See Gay rights in North Korea. |
☆Oman | Yes | 3 years | Fine | - | No | See Gay rights in Oman. |
☆Pakistan | Yes* | Life | 2 years | - | No | *The law applies to both men and women - See and Gay rights in Pakistan. |
☆Palestinian Authority | Yes* (In Gaza only). See and | 10 years (In Gaza only) | Unknown | - | No | *Homosexual acts are illegal in Gaza only, by the Criminal Code Ordinance 1936 still in force. Some are arrested or tortured and LGBT Palestinians often attempt to flee to Israel as they are targeted for death in PA-controlled areas. See Gay Palestinian issues. |
☆Philippines | No | - | - | - | Considered | AD in consideration and the Communist Party assist same-sex marriage. Same-sex marriages banned since 2003. See Gay rights in the Philippines |
☆Qatar | Yes | 5 years | Fine | - | No | See Gay rights in Qatar. |
☆Saudi Arabia | Yes | Death | Death | - | No | Jail time, fines or whipping may be used in lieu of the death penalty. See Gay rights in Saudi Arabia |
☆Singapore | Yes* | Life | 2 years | - | No | *Law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties. A pending law reduces to 2 years in "maintained" section 377A (once section 377 is "repealed"). See Government officials have made calls to embrace diversity and to legalize anal and oral sex (only for heterosexual sex). See . Former Prime Minister Goh Chok Tong stated that open homosexuals can be employed in the civil workforce. See Discrimination against homosexuals in Singapore. |
☆South Korea | No | - | - | - | No | No mention of homosexuality in Constitution or Civil Penal Code, although in practice widespread discrimination against homosexuals and censorship against gay websites is fairly common. Military Penal Code states up to a maximum of one year servitude or dishonorable discharge for homosexual acts performed while on active duty. See Gay rights in South Korea. |
☆Sri Lanka | Yes | 10 years | Fine | - | No | See Gay rights in Sri Lanka. |
☆Syria | Yes | 3 years | Fine | - | No | See Gay rights in Syria. |
☆Taiwan | No | - | - | - | No | Pending law allows same-sex marriage. See Gay rights in Taiwan. |
☆Tajikistan | No | - | - | - | No | See Gay rights in Tajikistan. |
☆Thailand | No | - | - | - | No | From 2005, Thailand allows LGBT people to serve in the military. See and Gay rights in Thailand. |
☆Timor-Leste | No | - | - | - | No | See Gay rights in Timor-Leste. |
☆Turkmenistan | Male only | 2 years | Fine | - | No | See Gay rights in Turkmenistan. |
☆United Arab Emirates | Yes | Death | Unknown | - | No | See Gay rights in the United Arab Emirates. |
☆Uzbekistan | Male only | 3 years | Fine | - | No | Only applies to anal sex. See and Gay rights in Uzbekistan. |
☆Vietnam | No | - | - | - | No | Same-sex marriages banned since 1998. Reports suggest that this ban may extend to a prohibition on domestic partnerships and civil unions and/or having any sort of public commitment celebration. See Gay rights in Vietnam. |
☆Yemen | Yes | Death | Flogging | - | No | See Gay rights in Yemen. |
Europe
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Albania | No | - | - | - | No | See Gay rights in Albania. |
☆Andorra | No | - | - | Stable unions | Yes* | *AD since 2005. See and Gay rights in Andorra. |
☆Armenia | No | - | - | - | No | See Gay rights in Armenia. |
☆Austria | No | - | - | Considered | Yes | See Gay rights in Austria. |
☆Azerbaijan | No | - | - | - | No | See Gay rights in Azerbaijan. |
☆Belgium | No | - | - | Same-sex marriage | Yes | See Gay rights in Belgium. |
☆Belarus | No | - | - | - | No | See Gay rights in Belarus. |
☆Bosnia-Herzegovina | No | - | - | - | Yes | AD in Gender Equality Act since 2003. See Gay rights in Bosnia and Herzegovina |
☆Bulgaria | No | - | - | - | Yes | Gay rights in Bulgaria. |
☆Croatia | No | - | - | Unregistered cohabitation | Yes | See Gay rights in Croatia. |
☆Cyprus | No | - | - | - | Yes | See Gay rights in Cyprus. |
☆Czech Republic | No | - | - | Registered partnership | Yes | See Gay rights in the Czech Republic. |
☆Denmark | No | - | - | Registered partnership | Yes | First country to legalize same-sex partnerships of any kind in 1989. See Gay rights in Denmark. |
☆Estonia | No | - | - | - | Yes | See Gay rights in Estonia. |
☆Faroe Islands | No | - | - | Considered | Yes* | *AD from 2006. See and Gay rights in the Faroe Islands. |
☆Finland | No | - | - | Registered partnership | Yes | See Gay rights in Finland. |
☆France | No | - | - | pacte civil de solidarité | Yes | It should be noted that pacte civil de solidarité (French civil unions) is a common choice with all couples. See Gay rights in France. |
☆Georgia | No | - | - | - | Yes | See Gay rights in Georgia. |
☆Germany | No | - | - | Registered partnership | Yes | See Gay rights in Germany. |
☆Gibraltar | No* | - | - | Considered | Yes* | *AD since 2004. See ; *The age of consent set at 18 for male-male sex, 16 for others from 1993, See page 9, number 9 and and Gay rights in Gibraltar. |
☆Greece | No* | - | - | Considered | Yes | *Age of consent is 15 for all, but the male-male sex (for the partner over 18) is 17. See Gay rights in Greece. |
☆Guernsey(Including Herm, Sark and Alderney) | No* | - | - | Considered | Considered* | *AD in consideration; *Age of consent set at 18 for male-male sex, 16 for other acts from 1998 - Under review and debate, see and . A bill to legalise civil partnerships passed its first reading in the States of Deliberation in 2006. and Gay rights in Guernsey. |
☆Hungary | No | - | - | Unregistered cohabitation | Yes | See Gay rights in Hungary. |
☆Iceland | No | - | - | Registered partnership | Yes | See Gay rights in Iceland. |
☆Ireland | No | - | - | Considered | Yes | See Gay rights in the Republic of Ireland. |
☆Isle of Man | No | - | - | Considered | Yes | See Gay rights in the Isle of Man. |
☆Italy | No | - | - | Some regions | Yes | Civil unions are recognized in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo. See Gay rights in Italy. |
☆Jersey | No | - | - | Considered | Considered | See Gay rights in Jersey. |
☆Latvia | No | - | - | - | Yes | Same-sex marriages banned. See Gay rights in Latvia. |
☆Liechtenstein | No | - | - | Considered | Considered | See Gay rights in Liechtenstein. |
☆Lithuania | No | - | - | - | Yes | See Gay rights in Lithuania. |
☆Luxembourg | No | - | - | Registered partnerships | Yes | See Gay rights in Luxembourg. |
☆Macedonia | No | - | - | - | No | See Gay rights in Macedonia. |
☆Malta | No | - | - | - | Yes | See Gay rights in Malta. |
☆Moldova | No | - | - | - | Considered | See Gay rights in Moldova. |
☆Monaco | No | - | - | Yes | Yes | See Gay rights in Monaco. |
☆Montenegro | No | - | - | - | No | See Gay rights in Montenegro. |
☆Netherlands | No | - | - | Same-sex marriage and Registered partnerships | Yes | The first country in the world to legalize same-sex marriage. See Gay rights in the Netherlands. |
☆Norway | No | - | - | Registered partnership | Yes | See Gay rights in Norway. |
☆Poland | No | - | - | Considered | Yes | See Gay rights in Poland. |
☆Portugal | No | - | - | Registered partnership | Yes | See Gay rights in Portugal. |
☆Romania | No | - | - | - | Yes | See Gay rights in Romania. |
☆Russia | No | - | - | - | No | Proposals (by NPRF)to recriminalize homosexuality failed in 2002, 2003 and 2004. See Gay rights in Russia. |
☆San Marino | No | - | - | - | No | See Gay rights in San Marino. |
☆Serbia | No | - | - | - | Yes* | *AD in Kosovo since 2001. See Gay rights in Serbia. |
☆Slovakia | No | - | - | - | Yes | See Gay rights in Slovakia. |
☆Slovenia | No | - | - | Registered partnership | Yes | See Gay rights in Slovenia. |
☆Spain | No | - | - | Same-sex marriage | Yes | Unregistered and Registered Cohabitation in a number of regions. See Gay rights in Spain. |
☆Sweden | No | - | - | Registered partnership | Yes | Partnerships have the same rights as heterosexual marriage including adoption, but are legally distinct from marriage. See Gay rights in Sweden. |
☆Switzerland | No | - | - | Civil unions | No | See Gay rights in Switzerland. |
☆Turkey | No | - | - | - | No | See Gay rights in Turkey. |
☆Turkish Republic of Northern Cyprus | Yes* | 14 years* | Fine* | - | Considered | *Pending law to make gay sex legal. See and soon being decriminalized in 2007/2008. See and Gay rights in Turkish Republic of Northern Cyprus. |
☆Ukraine | No | - | - | - | No | See Gay rights in Ukraine. |
☆United Kingdom | No | - | - | Civil partnership | Yes | See Gay rights in the United Kingdom. |
☆Vatican City | No | - | - | - | No | Homosexuality is technically legal, but contrary to the teachings of the ruling Roman Catholic Church. See Gay rights in the Vatican City. |
North America
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Antigua and Barbuda | Yes | 15 years | - | - | No | British laws are not applied to A & B, and therefore the Sexual Offenses Act 1995 criminalizing homosexual acts, is enforceable.. See Gay rights in Antigua and Barbuda. |
☆Aruba | No | - | - | Seen as valid but not recognized | Yes | The 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. See Gay rights in Aruba |
☆Bahamas | No* | - | - | - | No | *However "public" or "on the beach" homosexual sex is a 20 year jail sentence and the age of consent for homosexual sex is 18 - 16 for heterosexual sex. See and Gay rights in Bahamas. |
Barbados | Yes | Life | - | - | No | Laws currently under review - technically still illegal, but not enforced. . |
Belize | Yes* | 10 years | - | - | No | *Homosexual acts are re-crimilized from 2003. See and also under section 26 ii (d) of the immigration act 1958, "Any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior." is outlawed from incoming to Belize. See |
☆Bermuda | No* | - | - | Considered | Considered* | *AD in consideration ; *Age of consent set at 18 for male-male sex, 16 for others from 1994. See and Gay rights in Bermuda. |
☆Canada | No* | - | - | Same-sex marriage | Yes | *The age of consent or the "age of protection" (as it is called in Canada) is 18 for anal sex, 14 for non-anal sex, currently under review and debate. See ; Anti-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. See Gay rights in Canada. |
☆Cayman Islands | No | - | - | Yes | Yes | Cayman Islands is under British law. See Gay rights in the United Kingdom. |
☆Costa Rica | No | - | - | Considered | Yes* | *Anti-discrimination law since 1998. See ; Same-sex marriages and scandalous sodomy is banned. See Gay rights in Costa Rica |
☆Cuba | No | - | - | - | No | See Gay rights in Cuba. |
Dominica | Yes | 10 years | - | - | No | From 1995 to 2000, 35 persons were arrested for the crime of buggery. See |
Dominican Republic | No | - | - | - | No | |
☆El Salvador | No | - | - | - | No | See Gay rights in El Salvador. |
☆Greenland | No | - | - | Yes | Yes | See and Gay rights in Greenland. |
☆Grenada | Male only | 10 years | - | - | No | See Gay rights in Grenada. |
☆Guadeloupe | No | - | - | Pacte civil de solidarité | Yes | Guadeloupe is a Département Français d'Outre-mer, so French Law is in force. See Gay rights in France. |
Guatemala | No | - | - | - | Yes | AD in Youth and Childhood Act since 1997 |
Haiti | No | - | - | - | No | |
Honduras | No | - | - | - | No | Same-sex marriages and adoption banned in the Constitution since 2005. |
☆Jamaica | Male only | 10 years | 10 years | - | No | See LGBT rights in Jamaica. |
☆Martinique | No | - | - | Pacte civil de solidarité. | Yes | Martinique is a Département Français d'Outre-mer, so French Law is in force. See Gay rights in France. |
☆Mexico | No | - | - | Civil union (Mexico City and Coahuila state) | Yes* | *Mexican 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. Civil union (Mexico City and Coahuila state). See Gay rights in Mexico. |
☆Netherlands Antilles | No | - | - | Yes | Yes | As 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. See Gay rights in the Netherlands. |
☆Nicaragua | Yes* | - | - | - | No | *In Article 204, people who induced, promoted, propagandized or practiced Sodomy in a scandalous way risk facing 1 to 3 years in jail. See and Gay rights in Nicaragua. |
☆Panama | No* | - | - | - | No | *"Public" homosexuality prohibited with 1 year prison or a fine of US$500 under Decree No. 149 of 1949. See , and Gay rights in Panama. |
☆Puerto Rico | No | - | - | - | No | Legal since 2005. See and Gay rights in Puerto Rico. |
Saint Kitts and Nevis | Male only | 10 years | - | - | No | |
Saint Lucia | Male only | 10 years | Fine | - | No | |
Saint Vincent and the Grenadines | Yes | 10 years | Unknown | - | No | Applies to both men and women |
Trinidad and Tobago | Yes* | 20 years | Fine | - | No | *Applies to both men and women. Also under Article 8 (18/1) of the Immigration Act, homosexual men and women are not allowed to enter the country. See . |
☆Turks and Caicos Islands | No | - | - | - | No | See Gay rights in Turks and Caicos Islands. |
☆United States | No, 20 states still have sodomy laws left in the books, however, they are not allowed to be enforced. See Lawrence v. Texas | - | - | Civil Unions: VT, CT, and NJ. Domestic partnerships: CA, ME, DC and HI. Same-sex marriage: MA. | In 14 states only* | *5 states cover sexual orientation and gender identity, 9 only cover sexual orientation and 36 do not cover either. See National Gay and Lesbian Task Force Resource Library . See Gay rights in the United States. |
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Oceania
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
American Samoa | No | - | - | - | No | |
☆Australia | No* | - | - | registered partnership in Tasmania and the Australian Capital Territory | Yes in all states and territories (Not including Norfolk Island and federal legislation) | *In Queensland, age of consent for anal sex 18 (16 for non-anal sex) under review and debate. See ; Anti-discrimination law, domestic partnership, registered partnership or civil union in all states and territories (except Norfolk Island and federal legislation); Same-sex marriage banned under federal law and registered partnerships exists in Tasmania and the Australian Capital Territory giving rights to same-sex couples. See Gay rights in Australia. |
Cook Islands | Male only* | 14 years | Fine | - | No | *Illegal, despite being part of New Zealand. |
☆Fiji | No | - | - | - | Yes | Sodomy law ruled unconstitutional by Fiji High Court on 26 August, 2005. Constitution explicitly protects against sexual orientation discrimination and in 2006, the Fijian High Commissioner has long established beforehand unofficial rule changes that men engaging in consensual gay sex will no longer be arrested. See and Gay rights in Fiji. |
☆Guam | No | - | - | - | No | See and Gay rights in Guam. |
Kiribati | Male only | 14 years | Fine | - | No | |
☆Marshall Islands | No | - | - | - | No | Sodomy was decriminalized by the new Criminal Code of 2004.. See Gay rights in Marshall Islands. |
☆Micronesia | No | - | - | - | No | See Gay rights in Micronesia. |
Nauru | Male only* See | 14 years hard labor | 14 years hard labor | - | No | *Legislation also indexed in written laws and of the criminal code of Queensland. See |
☆New Caledonia | No | - | - | Considered. See Pacte civil de solidarité. | Considered | See Gay rights in France. |
☆New Zealand | No | - | - | Civil unions | Yes | See Gay rights in New Zealand. |
Niue | Male only* | 10 years | Fine | - | No | *Illegal, despite being part of New Zealand. |
Palau | Male only | 10 years | Fine | - | No | |
☆Papua New Guinea | Male only | 14 years | Fine | - | No | See Gay rights in Papua New Guinea. |
☆Pitcairn Island | No | - | - | Yes | Yes | Pitcairn Island is under British law. See Gay rights in the United Kingdom. |
☆Solomon Islands | Yes | 14 years | Fine | - | No | See Gay rights in Solomon Islands. |
☆Tahiti, French Polynesia | No | - | - | - | No | See Gay rights in France. |
Tokelau | Male only* | 10 years | Fine | - | No | *Illegal, despite being part of New Zealand. |
☆Tonga | Male only | 10 years | Fine | - | No | See Gay rights in Tonga. |
☆Tuvalu | Male only | 14 years | Fine | - | No | See Gay rights in Tuvalu. |
Vanuatu | No* | - | - | - | No | *The age of consent is higher for homosexual sex at 18, lower for heterosexual sex. See . |
Western Samoa | Yes | 7 years | Fine | - | No | . |
South America
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Argentina | No | - | - | Civil unions in Buenos Aires City and Rio Negro Province. | Yes | There are no national anti-discriminatory laws, however, the cities of Buenos Aires and Rosario have specific laws protecting against gay discrimination. See Gay rights in Argentina. |
☆Bolivia | No | - | - | - | No | See Gay rights in Bolivia. |
☆Brazil | No | - | - | Civil unions in Rio Grande do Sul. | Yes* | *Anti discriminatory laws in some cities and states. Other Brazilian areas do not have specific laws to protect LGBT people. See Gay rights in Brazil. |
☆Chile | No* | - | - | Considered | Considered | *Age of consent 18 for homosexual sex, 14/16? for heterosexual sex. See and Gay rights in Chile. |
☆Colombia | No | - | - | Considered | Considered | See Gay rights in Colombia. |
☆Ecuador | No | - | - | - | Yes | Anti-discrimination laws have been in Ecuador's constitution since 1998. See Gay rights in Ecuador. |
☆Falkland Islands | No | - | - | Yes | Yes | Falkland Islands comes under British law. See Gay rights in the United Kingdom. |
☆French Guiana | No | - | - | Yes. See Pacte civil de solidarité. | Yes | French Law applies. See Gay rights in France. |
☆Guyana | Male only | Life | Life | - | Considered | See Gay rights in Guyana. |
☆Paraguay | No | - | - | - | No | See Gay rights in Paraguay. |
☆Peru | No | - | - | - | Yes | See Gay rights in Peru. |
☆Suriname | No* | - | - | - | No | *Age of consent for homosexual sex set at 18, 16 for heterosexual sex. See Gay rights in Suriname. |
☆Uruguay | No | - | - | Considered, and a pending law for Civil union yet to be passed. See and | Yes | See Gay rights in Uruguay. |
☆Venezuela | No | - | - | No | Yes | The 1999 Organic labor Law provides protection for LGBT people. See Gay rights in Venezuela. |
See also
- Age of consent notes where there is a different threshold for homosexuals vs. heterosexuals to consent to sex.
- Buggery
- Civil rights movement
- Civil union
- Gay adoption
- Homophobia
- Religion and homosexuality
- Same-sex marriage
- Sexual Revolution
- Socialism and LGBT rights
- Sodomy law
External links
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- Antidiscrimination Legislation, April 1999, a worldwide summary IGLHRC (pdf)
- International Gay and Lesbian Human Rights Commission (IGLHRC)
- International Lesbian and Gay Association
- International Lesbian and Gay Association World Legal Survey (2000)
- Sodomy Laws Around the World
- State Homophobia, world map, ILGA (2004)
- New Internationalist sexual minorities map
- Where Having Sex is a Crime: Criminalization and Decriminalization of Homosexual Acts, IGLHRC (2003)
- Where You Can Marry: Global Summary of Registered Partnership, Domestic Partnership, and Marriage Laws, IGLHRC (November 2003)
- With the state in our bedrooms - A survey of the laws over the world prohibiting consenting adult homosexual acts (2006)