LGBT rights by country or territory

This article is about current LGBT rights around the world. For historical and current movements to further LGBT rights, see LGBT social movements.

Worldwide laws regarding same-sex intercourse and freedom of expression and association
Same-sex intercourse legal Same-sex intercourse illegal
  
Marriage1
  
Unenforced penalty
  
Marriage recognized but not performed1
  
Imprisonment
  
Civil unions1
  
Up to life in prison
  
Unregistered cohabitation1
  
Death penalty
  
Same-sex unions not recognized
  
Laws restricting freedom of expression and association
Rings indicate areas where local judges have granted or denied marriages or imposed the death penalty in a jurisdiction where that is not otherwise the law or areas with a case-by-case application.
1Some jurisdictions in this category may currently have other types of partnerships.
LGBT rights at the United Nations
  
Support Countries which have signed a General Assembly declaration of LGBT rights or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members).
  
Oppose Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members).
  
Neither Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members).

Laws affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or territoryeverything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex romantic/sexual activity or identity.

LGBT rights are considered human rights by the Amnesty International[1] and civil rights by some.[2] LGBT rights laws include, but are not limited to, the following:

As of April 2016, nineteen countries, most of them located in the Americas and Western Europe,[lower-alpha 1] recognize same-sex marriage and grant most of (if not all) the other rights listed above to its LGBT citizens.

Anti-LGBT laws include, but are not limited to, the following: sodomy laws penalizing consensual same-sex sexual activity with fines, jail terms, or the death penalty; anti-"lesbianism" laws; and higher ages of consent for same-sex activity.

In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, which was followed up with a report from the UN Human Rights Commission documenting violations of the rights of LGBT people, including hate crime, criminalization of homosexuality, and discrimination. Following up on the report, the UN Human Rights Commission urged all countries which had not yet done so to enact laws protecting basic LGBT rights.[3][4]

As of May 2016, 16 countries have an unequal age of consent law.[5]

As of August 2016, 72 countries as well as five sub-national jurisdictions[lower-alpha 7] have laws criminalizing homosexuality,[5] with most of them located in Asia and Africa. In 2006 that number was 92.[5]

Ancient Celts

According to Aristotle, although most "belligerent nations" were strongly influenced by their women, the Celts were unusual because their men openly preferred male lovers (Politics II 1269b).[6][7] H. D. Rankin in Celts and the Classical World notes that "Athenaeus echoes this comment (603a) and so does Ammianus (30.9). It seems to be the general opinion of antiquity."[7] In book XIII of his Deipnosophists, the Roman Greek rhetorician and grammarian Athenaeus, repeating assertions made by Diodorus Siculus in the 1st century BC (Bibliotheca historica 5:32), wrote that Celtic women were beautiful but that the men preferred to sleep together. Diodorus went further, stating that "the young men will offer themselves to strangers and are insulted if the offer is refused". Rankin argues that the ultimate source of these assertions is likely to be Poseidonius and speculates that these authors may be recording "some kind of bonding ritual ... which requires abstinence from women at certain times".[7]

Ancient India

Throughout Hindu and Vedic texts there are many descriptions of saints, demigods, and even the Supreme Lord transcending gender norms and manifesting multiple combinations of sex and gender.[8] There are several instances in ancient Indian epic poetry of same sex depictions and unions by gods and goddesses. There are several stories depicting love between those of the same sex, especially among kings and queens. Kamasutra, the ancient Indian treatise on love talks about feelings for same sexes. Transsexuals are also venerated e.g. Lord Vishnu as Mohini and Lord Shiva as Ardhanarishwara (which means half woman).[9]

Ancient West Asia

Ancient Israel

The ancient Law of Moses (the Torah) forbids men lying with men (intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis in the story of Sodom and Gomorrah, the cities being soon destroyed after that. The death penalty was prescribed. In Deuteronomy 22:5, cross-dressing is condemned as being "abominable".

Ancient Persia

In Persia homosexuality and homoerotic expressions were tolerated in numerous public places, from monasteries and seminaries to taverns, military camps, bathhouses, and coffee houses. In the early Safavid era (1501–1723), male houses of prostitution (amrad khane) were legally recognized and paid taxes. Persian poets, such as Sa’di (d. 1291), Hafiz (d. 1389), and Jami (d. 1492), wrote poems replete with homoerotic allusions. The two most commonly documented forms were commercial sex with transgender young males or males enacting transgender roles exemplified by the köçeks and Sufi spiritual practices in which the practitioner admired the form of a beautiful boy in order to enter ecstatic states and glimpse the beauty of God.

Ancient Mesopotamia

Middle Assyrian Law Codes dating 1075 BC states: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch."[10]

Ancient Rome

The "conquest mentality" of the ancient Romans shaped Roman homosexual practices.[11] In the Roman Republic, a citizen's political liberty was defined in part by the right to preserve his body from physical compulsion or use by others;[12] for the male citizen to submit his body to the giving of pleasure was considered servile.[13] As long as a man played the penetrative role, it was socially acceptable and considered natural for him to have same-sex relations, without a perceived loss of his masculinity or social standing.[14] The bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed penalites on those who committed a sex crime (stuprum) against a freeborn male minor.[15] Acceptable same-sex partners were males excluded from legal protections as citizens: slaves, male prostitutes, and the infames, entertainers or others who might be technically free but whose lifestyles set them outside the law.

"Homosexual" and "heterosexual" were thus not categories of Roman sexuality, and no words exist in Latin that would precisely translate these concepts.[16] A male citizen who willingly performed oral sex or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men, who were presumably "homosexual" in the modern sense.[17] In courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors were directed particularly at "democratic" politicians (populares) such as Julius Caesar and Mark Antony.[18]

Roman law addressed the rape of a male citizen as early as the 2nd century BC, when a ruling was issued in a case that may have involved a man of same-sex orientation. It was ruled that even a man who was "disreputable and questionable" had the same right as other citizens not to have his body subjected to forced sex.[19] A law probably dating to the dictatorship of Julius Caesar defined rape as forced sex against "boy, woman, or anyone"; the rapist was subject to execution, a rare penalty in Roman law.[20] A male classified as infamis, such as a prostitute or actor, could not as a matter of law be raped, nor could a slave, who was legally classified as property; the slave's owner, however, could prosecute the rapist for property damage.[21]

In the Roman army of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death,[22] as a violation of military discipline.[23] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "those who in youth have abused their persons" as subject to the fustuarium, clubbing to death.[24] Ancient sources are most concerned with the effects of sexual harassment by officers, but the young soldier who brought an accusation against his superior needed to show that he had not willingly taken the passive role or prostituted himself.[25] Soldiers were free to have relations with their male slaves;[26] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[27] By the late Republic and throughout the Imperial period, there is increasing evidence that men whose lifestyle marked them as "homosexual" in the modern sense served openly.[28]

Although Roman law did not recognize marriage between men, and in general Romans regarded marriage as a heterosexual union with the primary purpose of producing children, in the early Imperial period some male couples were celebrating traditional marriage rites. Juvenal remarks with disapproval that his friends often attended such ceremonies.[29] The emperor Nero had two marriages to men, once as the bride (with a freedman Pythagoras) and once as the groom. His consort Sporus appeared in public as Nero's wife wearing the regalia that was customary for the Roman empress.[30]

Apart from measures to protect the prerogatives of citizens, the prosecution of homosexuality as a general crime began in the 3rd century of the Christian era when male prostitution was banned by Philip the Arab. By the end of the 4th century, after the Roman Empire had come under Christian rule, passive homosexuality was punishable by burning.[31] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[32] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.[33]

Congo

E. E. Evans-Pritchard recorded that in the past male Azande warriors in the northern Congo routinely took on young male lovers between the ages of twelve and twenty, who helped with household tasks and participated in intercrural sex with their older husbands. The practice had died out by the early 20th century, after Europeans had gained control of African countries, but was recounted to Evans-Pritchard by the elders to whom he spoke.[34]

Feudal Japan

In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The younger partner in a pederastic relationship often was expected to make the first move; the opposite was true in ancient Greece. In religious circles, same-sex love spread to the warrior (samurai) class, where it was customary for a boy in the wakashū age category to undergo training in the martial arts by apprenticing to a more experienced adult man. The man was permitted, if the boy agreed, to take the boy as his lover until he came of age; this relationship, often formalized in a "brotherhood contract",[35] was expected to be exclusive, with both partners swearing to take no other (male) lovers. The Samurai period was one in which homosexuality was seen as particularly positive. Later when Japanese society became pacified, the middle classes adopted many of the practices of the warrior class.

Lesotho

Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in socially sanctioned "long term, erotic relationships" called motsoalle.[36]

Papua New Guinea

In Papua New Guinea, same-sex relationships were an integral part of the culture until the middle of the last century. The Etoro and Marind-anim for example, even viewed heterosexuality as wasteful and celebrated homosexuality instead. They believed that in sharing semen, they are sharing their life force, yet women simply wasted this force any time they didn't get pregnant after sex. In many traditional Melanesian cultures a prepubertal boy would be paired with an older adolescent who would become his mentor and who would "inseminate" him (orally, anally, or topically, depending on the tribe) over a number of years in order for the younger to also reach puberty.[37]

Global LGBT Rights Maps

Africa

List of countries or territories by LGBT rights in Africa
This table:

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Algeria Algeria Illegal since 1966
Penalty: Fine and up to 2 years imprisonment.[5][38]
Ceuta Ceuta (Autonomous city of Spain) Legal since 1979
+ UN decl. sign.[5]
De facto union since 1998[39] Legal since 2005[40] Legal since 2005[41] Spain responsible for defence Bans all anti-gay discrimination[42] Since 2007, all documents can be amended to the recognised gender[43]
Egypt Egypt Male de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without torture and fines under broadly written morality laws
Female uncertain.[5][44]
Libya Libya Illegal since 1973
Penalty: Up to 5 years imprisonment.[5][45]
Melilla Melilla (Autonomous city of Spain) Legal since 1979
+ UN decl. sign.[5]
De facto union since 2008[46] Legal since 2005[40] Legal since 2005[41] Spain responsible for defence Bans all anti-gay discrimination[42] Since 2007, all documents can be amended to the recognised gender[43]
Morocco Morocco
(Including Southern Provinces)
Illegal since 1962
Penalty: Up to 3 years imprisonment.[5][47]
South Sudan South Sudan Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment.[5][38]
Constitutional ban since 2011.
Sudan Sudan Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Death penalty on third offense for men and on fourth offense for women.[5]
Tunisia Tunisia Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[5][48]

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Benin Benin Legal (No laws against same-sex sexual activity have ever existed in the country).[5][49] (Age of consent discrepancy)[5]
Burkina Faso Burkina Faso Legal (No laws against same-sex sexual activity have ever existed in the country).[5] Constitutional ban since 1991.
Cape Verde Cape Verde Legal since 2004
+ UN decl. sign.[5]
Bans some anti-gay discrimination.[5]
Ivory Coast Côte d'Ivoire Legal
(No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[5]
The Gambia Gambia Illegal since 1888 (as Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[5][50][38]
Ghana Ghana Male illegal since 1860s (as Gold Coast)
Penalty: 10 years imprisonment or more
Female always legal.[5][51][38]
Guinea Guinea Illegal since 1988
Penalty: 6 months to 3 years imprisonment.[5][52]
Guinea-Bissau Guinea-Bissau Legal since 1993[5]
+ UN decl. sign.
Liberia Liberia Illegal since 1976
Penalty: 1 year imprisonment.[5][53]
Mali Mali Legal (No laws against same-sex sexual activity have ever existed in the country).[5]
Mauritania Mauritania Illegal since 1983
Penalty: Death penalty (No public executions for any crime since 1987).[5][54]
Niger Niger Legal (No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[5]
Nigeria Nigeria Illegal under federal law since 1901 (as Northern Nigeria Protectorate and Southern Nigeria Protectorate)
Penalty: Up to 14 years imprisonment
Illegal in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara
Penalty: Death penalty for men. Whipping and/or imprisonment for women.[5][55][38]
Senegal Senegal Illegal since 1966
Penalty: 1 to 5 years imprisonment.[5][56]
Sierra Leone Sierra Leone Male illegal since 1861 (as the colony of Sierra Leone)
Penalty: Up to life imprisonment (Not enforced)
Female always legal
+ UN decl. sign.[5]
Togo Togo Illegal since 1884 (as Togoland)
Penalty: Fine and 3 years imprisonment.[5][38]

Central Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Cameroon Cameroon Illegal since 1972
Penalty: Fines to 5 years imprisonment.[5][38]
Central African Republic Central African Republic Legal (No laws against same-sex sexual activity have ever existed in the country).
+ UN decl. sign.[5]
Chad Chad Legal (No laws against same-sex sexual activity have ever existed in the country).
Democratic Republic of the Congo Democratic Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country).[5] Constitutional ban since 2005.
Equatorial Guinea Equatorial Guinea Legal since 1968.[5][57]
Gabon Gabon Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.
Republic of the Congo Republic of the Congo Legal (No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[5]
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas territory of the United Kingdom)
Legal since 2001
+ UN decl. sign.[5]
/ (In Ascension from 2016)[58] Since 2000. UK responsible for defence. Constitutional ban all anti-gay on discrimination. Since 2013.
São Tomé and Príncipe São Tomé and Príncipe Legal since 2012
+ UN decl. sign.[5]

Southeast Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Burundi Burundi Illegal since 2009
Penalty: 3 months to 2 years imprisonment.[5][59]
Constitutional ban since 2005.
Kenya Kenya Illegal since 1897 (as East Africa Protectorate)
Penalty: up to 14 years imprisonment.[5][38]
Constitutional ban since 2010.[60]
Rwanda Rwanda Legal since 1980[5][61]
+ UN decl. sign.
Constitutional ban since 2003.
Uganda Uganda Male illegal since 1894
Penalty: Up to 14 years imprisonment
Female illegal since 2000
Penalty: Up to 7 years imprisonment.[5][38]
Constitutional ban since 2005.
Tanzania Tanzania Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment.[5][38]

Horn of Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Djibouti Djibouti Legal
(No laws against same-sex sexual activity have ever existed in the country).[5]
Eritrea Eritrea Illegal since 1957 (as part of the Federation of Ethiopia and Eritrea)
Penalty: Up to 3 years imprisonment[5][62]
Ethiopia Ethiopia Illegal
Penalty: 10 years imprisonment or more[5]
Somalia Somalia Illegal since 1962
Penalty: Up to 3 years imprisonment[5][63]

Indian Ocean States

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Comoros Comoros Illegal since 1982
Penalty: 5 years imprisonment & fines[5][64]
Madagascar Madagascar Legal
(No laws against same-sex sexual activity have ever existed in the country). (Age of consent discrepancy)[5]
Mauritius Mauritius Illegal since 1838 (as part of British Mauritius)
Penalty: Up to 5 years imprisonment
Female always legal[65]
+ UN decl. sign.[5][66]
Bans some anti-gay discrimination[67][68]
Mayotte Mayotte
(Overseas department of France)
Legal
(No laws against same-sex sexual activity have ever existed in the department).[5]
Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 Bans all anti-gay discrimination However, it requires sterilization for sex change.
Réunion Réunion
(Overseas department of France)
Legal since 1791[5] Civil solidarity pact since 1999 Legal since 2013 Legal since 2013 Bans all anti-gay discrimination However, it requires sterilization for sex change.
Seychelles Seychelles Legal since 2016[69]
+ UN decl. sign.
Bans all anti-gay discrimination[5]

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Angola Angola De facto illegal since 1886 (as part of the Province of Angola)
Penalty: Fines, restrictions or penal labor (Not enforced)[5][70]
Bans some anti-gay discrimination
Botswana Botswana Illegal since 1885 (as part of the Bechuanaland Protectorate)
Penalty: Fine to up to 7 years imprisonment (Not enforced)[5][38]
Bans some anti-gay discrimination
Lesotho Lesotho Male legal since 2012
Female always legal[5]
Malawi Malawi Illegal since 1891 (as part of the Shire Highlands Protectorate and the Nyasaland Districts Protectorate)
Penalty: Up to 14 years imprisonment & whippings (Law suspended from usage since 2012)[5][71][38]
Mozambique Mozambique Legal since 2015[72][73] Bans some anti-gay discrimination[5][67]
Namibia Namibia Male illegal since 1920 (as part of South-West Africa; not enforced)[38]
Female always legal[5][74][75]
South Africa South Africa Male legal since 1998
Female always legal
+ UN decl. sign.[5]
Limited recognition of unregistered partnerships since 1998; Same-sex marriage since 2006. Legal since 2006 Legal since 2002 Since 1998 Bans all anti-gay discrimination Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment.
Swaziland Swaziland Male illegal since the 1880s
Female always legal[5][38]
Zambia Zambia Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment[5][38]
Zimbabwe Zimbabwe Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Female legal[5][38]
Constitutional ban since 2013

Partially recognized or unrecognized states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Excluding Southern Provinces)
Illegal since 1944 (as part of the Overseas Province of Spanish Sahara)
Penalty: Up to 3 years imprisonment[5][76][77]
Somaliland Somaliland Illegal
Penalty: Up to 3 years imprisonment[5]

Americas

List of countries or territories by LGBT rights in the Americas


Tables:

North America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bermuda Bermuda
(Overseas territory of the United Kingdom)
Legal since 1994 (age of consent discrepancy)
+ UN decl. sign.[5]
Legal since 2015[78] UK responsible for defence. Bans all anti-gay discrimination.[79]
Canada Canada Legal since 1969 (age of consent discrepancy and prohibition of anal intercourse in some cases)
+ UN decl. sign.[5][80]
Domestic partnership in Nova Scotia (2001)[81];
Civil union in Quebec (2002)[82];
Adult interdependent relationship in Alberta (2003)[83];
Common-law relationship in Manitoba (2004)[84]
Legal in some provinces and territories since 2003,
nationwide since 2005
.[85]
Legal in some provinces and territories since 1996, nationwide since 2010.[86] Since 1992[87] Bans all anti-gay discrimination, including hate speech. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Manitoba and Ontario since 2015 (proposed in other jurisdictions). Transgender persons can change their legal gender and name after completion of medical intervention in most provinces and territories (not required in Ontario, British Columbia, Manitoba, Newfoundland and Labrador and Nova Scotia); Explicit anti-discrimination protections only in Alberta, British Columbia,[88] Manitoba, Saskatchewan, Prince Edward Island, Ontario, Quebec, the Northwest Territories and Nova Scotia implicit elsewhere.[89][90][91][92]
Greenland Greenland
(Constituent country of the Kingdom of Denmark)
Legal since 1933
+ UN decl. sign.[5]
Registered partnership since 1996[93] Legal since 2016 Step-child adoption since 2009.[94] Joint adoption since 2016.[95] Since 1978 (Denmark responsible for defence) / Bans some anti-gay discrimination.[5]
Mexico Mexico Legal since 1871
+ UN decl. sign.[5]
/ Civil union in Mexico City (2007), Coahuila (2007),[96] Colima (2013),[97] Campeche (2013),[98] Jalisco (2014)[99] / Legal in Mexico City (2010),[100] Quintana Roo (2012),[101] Coahuila (2014), Chihuahua (2015), Guerrero (2015), Nayarit (2015), Jalisco (2016), Campeche (2016), Michoacán (2016), Colima (2016), Morelos (2016).
All states are obliged to honour same-sex marriages performed in states where it is legal.[100]
(Proposed nationwide).[102][103]

The Supreme Court has declared that it is unconstitutional to deny marriage licenses to same-sex couples in all states,[104] but as state constitutions were not invalidated, individual injunctions must still be obtained from the court.[105][106]

/ Explicitly legal in Mexico City (2010)[107], Coahuila (2014), Michoacán (2016), Colima (2016). [108]
Nationwide, married same-sex couples may adopt.[109]
Constitutional ban on all anti-gay discrimination.[110] Transgender persons can change their legal gender and name in Mexico City since 2008.[111] Mexico adopted a legal protocol for gender identity and sexual orientation in 2014 based upon constitutional provisions to equally protect the rights of all citizens.[112]
Saint Pierre et Miquelon
(Overseas collectivity of France)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999[113] Legal since 2013[114] Legal since 2013[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
United States United States Legal in some states since 1962, nationwide since 2003
+ UN decl. sign.[5]
Domestic partnership in California (1999),[117] the District of Columbia (2002),[118] Maine (2004),[119] Oregon (2008),[120] Maryland (2008),[121] Wisconsin (2009)[122] and Nevada (2009)[123];
Civil union in New Jersey (2007),[124] Illinois (2011),[125] Hawaii (2012),[126] and Colorado (2013)[127]
Legal in some states since 2004.
Nationwide since 2015
, except American Samoa and some tribal jurisdictions.[128][129]
Legal in some states since 1993.
Nationwide since 2015, except American Samoa.[129]
Since 2011[130] Federal executive order prohibiting discrimination based on sexual orientation for employees in the federal civilian workforce, along with the government employment in the District of Columbia, and the United States Postal Service, since 1998 (see Executive Order 12968 and Executive Order 13087). Pathologization or attempted treatment of sexual orientation with minors by mental health professionals illegal in some states. (Banned in California, Illinois, New Jersey, Oregon, the District of Columbia and some cities such as Miami Beach, Cincinnati and Seattle). Included in the federal hate crimes law since 2009.
(Sexual orientation discrimination in public and private employment)
/ Gender identity discrimination in employment and healthcare insurance banned since 2012.[131][132] Included in the federal hate crimes law since 2009. Employment discrimination based on sexual orientation banned since 2015.[133]
(Gender identity discrimination in public and private employment)

Central America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Belize Belize Legal since 2016[134] Section 16(3) of the constitution bans discrimination on the basis of sex, race, place of origin, political opinions, colour or creed[135] The ruling overturning Section 53 of the criminal code specifically stated "sex" as mentioned in Section 16(3) of the constitution, includes sexual orientation.[136][137] Transgender persons can change their legal name without surgeries.

Gender change is not allowed.[138]

Costa Rica Costa Rica Legal since 1971
+ UN decl. sign.[5]
Unregistered cohabitation since 2014;
(De facto union pending)[139][140]
LGBT individuals may adopt.[141] Has no military. Bans all anti-gay discrimination.[5] Transgender persons can change their legal name without surgeries. Judicial permission required.

Gender change is not allowed.

El Salvador El Salvador Legal since the 1800s
+ UN decl. sign.[5]
(Constitutional ban pending)[142] [143] Bans all anti-gay discrimination.[143] Bans hate crimes based on gender identity.[144][145]
Guatemala Guatemala Legal since 1800's
+ UN decl. sign.[5]
Transgender persons can change their legal name without surgeries. Judicial permission required.[146]

Gender change is not allowed.

Honduras Honduras Legal since 1899
+ UN decl. sign.[5]
Constitutional ban since 2005.[147][148] Bans all anti-gay discrimination, including hate speech.[149] Bans hate crimes based on gender identity.[5]
Nicaragua Nicaragua Legal since 2008
+ UN decl. sign.[5]
Bans some anti-gay discrimination.[5]
Panama Panama Legal since 2008
+ UN decl. sign.[5]
Has no military. (Anti-discrimination law proposed).[150] Transgender persons can change their legal gender and name after completion of medical intervention since 2006.[151] Legal name change, without surgeries, is allowed since 2016.[152]

Caribbean

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Anguilla Anguilla
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5]
UK responsible for defence.
Antigua and Barbuda Antigua and Barbuda Illegal
Penalty: 15-year prison sentence.[5]
Aruba Aruba
(Constituent country of the Kingdom of the Netherlands)
Legal
+ UN decl. sign.[5]
Civil Unions since 2016[153] /(Pending)
Same-sex marriages performed in the Netherlands recognized.[154]
The Netherlands responsible for defence.
The Bahamas Bahamas Legal since 1991 (age of consent discrepancy)
+ UN decl. sign.[5]
[5]
Barbados Barbados Illegal
Penalty: Life imprisonment (not enforced).[5]
British Virgin Islands British Virgin Islands
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5]
UK responsible for defence. Constitutional ban on all anti-gay discrimination.[155]
Caribbean Netherlands Caribbean Netherlands
(Bonaire, Sint Eustatius, Saba; Special municipalities of the Netherlands)
Legal
+ UN decl. sign.[5]
Registered partnership since 2012[156] Legal since 2012[157] [158] The Netherlands responsible for defence. Bans all anti-gay discrimination.[159] [160]
Cayman Islands Cayman Islands
(Overseas territory of the United Kingdom)
Legal since 2000 (age of consent discrepancy)[5]
+ UN decl. sign.
/ Same-sex marriage not expressly prohibited under Cayman Islands law, but Constitutional right of a man and a woman to marry a person of the opposite sex since 2009.[161] Same-sex marriages performed in a foreign country are now recognized for immigration purposes. [162] UK responsible for defence.
Cuba Cuba Legal since 1979
+ UN decl. sign.[5]
Constitutional ban since 1976. [5] Bans some anti-gay discrimination.[163][164] [165]
Curaçao Curaçao
(Constituent country of the Kingdom of the Netherlands)
Legal
+ UN decl. sign.[5]
(Proposed) / Same-sex marriages performed in the Netherlands recognized.[154] The Netherlands responsible for defence.
Dominica Dominica Illegal
Penalty: 10-year prison sentence or incarceration in a psychiatric institution (Not enforced)
+ UN decl. sign.[5]
Dominican Republic Dominican Republic Legal since 1822
+ UN decl. sign.[5]
Constitutional ban since 2010.[166] [167]
Grenada Grenada Male illegal
Penalty: 10-year prison sentence
Female always legal.[5]
Has no military.
Guadeloupe Guadeloupe
(Overseas department of France)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999[113] Legal since 2013[114] Legal since 2013[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
Haiti Haiti Legal since 1986[5] Has no military.
Jamaica Jamaica Male illegal
Penalty: 10 years hard labor (not enforced)
Female always legal.[5]
Martinique Martinique
(Overseas department of France)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999[113] Legal since 2013[114] Legal since 2013[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
Montserrat Montserrat
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5]
Constitutional ban since 2010.[168] UK responsible for defence. Constitutional ban on all anti-gay discrimination.[169]
Puerto Rico Puerto Rico
(Commonwealth of the United States)
Legal since 2003
+ UN decl. sign.[5]
Since 2015 Legal since 2015[170] Legal since 2015 Since 2011[130] Bans hate crimes since 2002 and anti–employment discrimination since 2013. US hate crime laws also apply. Bans hate crimes since 2002 and anti–employment discrimination since 2013. US hate crime laws also apply.
Saint Barthélemy
(Overseas collectivity of France since 2007)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999[113] Legal since 2013[114] Legal since 2013[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
Saint Kitts and Nevis Saint Kitts and Nevis Male illegal
Penalty: 10 years
Female always legal.[5]
Saint Lucia Saint Lucia Male illegal
Penalty: fine and/or 10-year prison sentence
Female always legal.[5]
Has no military.
Saint Martin
(Overseas collectivity of France since 2007)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999[113] Legal since 2013[114] Legal since 2013[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
Saint Vincent and the Grenadines Saint Vincent and the Grenadines Illegal
Penalty: fine and/or 10-year prison sentence.[5]
Has no military.
Sint Maarten Sint Maarten
(Constituent country of the Kingdom of the Netherlands)
Legal
+ UN decl. sign.[5]
(Proposed) / Same-sex marriages performed in the Netherlands recognized.[154] The Netherlands responsible for defence.
Trinidad and Tobago Trinidad and Tobago Illegal
Penalty: 25-year prison sentence (not enforced).[5]
Turks and Caicos Islands Turks and Caicos Islands
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5]
Constitutional ban since 2011.[171] UK responsible for defence. Constitutional ban on all anti-gay discrimination.[5]
United States Virgin Islands United States Virgin Islands
(Insular area of the United States)
Legal since 1985
+ UN decl. sign.[5]
Since 2015[129] Legal since 2015[129] Legal since 2015[129] Since 2011[130] The US hate crime laws also apply to all US external territories as well. The US hate crime laws also apply to all US external territories as well.

South America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGBT people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Argentina Argentina Legal since 1887
+ UN decl. sign.[5]
Civil union in Buenos Aires (2003)[172] and Rio Negro (2003)[173]
Cohabitation union nationwide since 2015[174]
Legal since 2010.[175] Legal since 2010 Since 2009[176] / Legal protection in some provinces (federal law pending).[177] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal. Transgender persons can change their legal gender and name without surgeries or judicial permission since 2012.[178]
Bolivia Bolivia Legal
+ UN decl. sign.[5]
Constitutional ban on free unions.[179]
(Family life agreement pending)[180]
Constitutional ban since 2009.[181] LGBT individuals may adopt.[182] [183][184][185] Bans all anti-gay discrimination.[5] Transgender persons can change their legal gender and name without surgeries or judicial permission since 2016.[186][187][188][189]
Brazil Brazil Legal since 1831
+ UN decl. sign.[5]
"Stable unions" legal in some states since 2004. All rights as recognized family entities available nationwide since 2011.[190][191] Legal in some states since 2012, nationwide since 2013.[192][193] Legal since 2010[194] Since 1969[195] / All state-sanctioned social discrimination of citizens since 1988. Legal protection for sexual orientation in many jurisdictions (expansion of anti-discrimination (all) national Constitutional amendment discussed in the Senate).[196] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999.[197][198] Transgender persons can change their legal gender and name after completion of medical intervention since 2009.[199][200][201]
Chile Chile Legal since 1999 (age of consent discrepancy)
+ UN decl. sign.[5]
Civil union agreement since 2015.[202] (Pending).[203] / Same-sex couples may adopt, although only one is recognized as legal parent.

LGBT individuals may adopt (Joint and step-child adoption pending).[204]

Since 2012.[205] Bans all anti-gay discrimination since 2012.[206] Transgender persons can change their legal gender and name after completion of medical intervention since 2007. Judicial permission required.[207] Currently, a broader gender identity law (which would not require any surgeries or judicial permission) is being discussed by the congress.[208][209]
Colombia Colombia Legal since 1981
+ UN decl. sign.[5]
De facto marital union since 2007.[210] Legal since 2016.[211] Step-child adoption since 2014.[212] Joint adoption since 2015.[213] Since 1999. Since 2009 the military special social security system can be used by same sex couples in the army.[5] Bans all anti-gay discrimination including hate speech since 2011.[214] Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required.[215]
Ecuador Ecuador Legal since 1997
+ UN decl. sign.[5]
De facto union since 2009.[216][217] Constitutional ban since 2009.[218] LGBT individuals may adopt.[219] [220] Bans all anti-gay discrimination.[221] Since 2016, transgender persons are allowed to change their birth name and gender identity (instead of the sex assigned at birth) on legal documents. No surgeries or judicial order required.[222][223][224]
Falkland Islands Falkland Islands
(Overseas territory of the United Kingdom)
Legal since 1989
+ UN decl. sign.[5]
(Civil partnership proposed)[225] (Proposed)[225] UK responsible for defence. Constitutional ban on all anti-gay discrimination.[226]
French Guiana French Guiana
(Overseas department of France)
Legal since 1791
+ UN decl. sign.[5]
Civil solidarity pact since 1999.[113] Legal since 2013.[114] Legal since 2013.[115] Bans all anti-gay discrimination.[42] Requires sterilization for legal change.[116]
Guyana Guyana Illegal
Penalty: Up to life imprisonment (not enforced).[5]
[227] [228]
Paraguay Paraguay Legal since 1880 (age of consent discrepancy)
+ UN decl. sign.[5]
Constitutional ban since 1992.[229] Constitutional ban since 1992.[230] (Proposed).[231]
Peru Peru Legal since 1836-1837
+ UN decl. sign.[5]
(Solidary community pending).[232] Since 2009.[233] [234][235][236] Transgender persons can change their legal gender and name after completion of medical intervention. Judicial permission required.[237][238]
Suriname Suriname Legal since 1869
+ UN decl.
Uruguay Uruguay Legal since 1934
+ UN decl. sign.[5]
Concubinage union since 2008.[239] Legal since 2013[240] Legal since 2009[241] Since 2009.[242] Bans all anti-gay discrimination since 2004.[243] Transgender persons can change their legal gender and name since 2009.[244]
Venezuela Venezuela Legal since 1997
+ UN decl. sign.[5]
(Proposed).[245] Bans some anti-gay discrimination.[5]

Asia

List of countries or territories by LGBT rights in Asia
This table:

Central Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Kazakhstan Kazakhstan Legal since 1998[5] [246] [247]
Kyrgyzstan Kyrgyzstan Legal since 1998[5] [247]
Tajikistan Tajikistan Legal since 1998[5] [247]
Turkmenistan Turkmenistan Male illegal
Penalty: up to 2-year prison sentence
Female always legal[5]
Uzbekistan Uzbekistan Male illegal
Penalty: up to 3-year prison sentence
Female always legal[5]

Eurasia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Akrotiri and Dhekelia Akrotiri and Dhekelia
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5]
Since 2005 Legal since 2014 UK responsible for defence Bans some anti-gay discrimination[248]
Armenia Armenia Legal since 2003
+ UN decl. sign.[5]
Constitutionally banned since 2015[249][250] / No explicit ban. However, LGBT persons have been reportedly discharged because of their sexual orientation.[251]
Azerbaijan Azerbaijan Legal since 2000[5] (Requires sterilization for change).[252]
Cyprus Cyprus Legal since 1998
+ UN decl. sign.[5]
Since 2015 Bans all anti-gay discrimination[253] Forbids discrimination based on gender identity.
Georgia (country) Georgia Legal since 2000
+ UN decl. sign.[5]
(Constitutional ban proposed) Bans all anti-gay discrimination[254] (Requires sterilization for change)[252]
Russia Russia Male legal since 1993
Female always legal[255][5]
(Constitutional ban proposed) LGBT individuals may adopt. (Requires sterilization for change)[252]
Turkey Turkey Legal since 1858[5] (Proposed)[256] (Proposed)[257] (Requires sterilization for change)

Western Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bahrain Bahrain Legal since 1976 (Age of consent discrepancy)[5]
Iran Iran Illegal
Penalty: For men 74 lashes for immature men and death penalty for mature men of sound mind and is consenting. For women 50 lashes for women of mature sound mind and is consenting. Death penalty offense after fourth conviction.[5]
Legal gender recognition in Iran is legal if accompanied by a medical intervention.[258]
Iraq Iraq Legal since 2003[259]
Israel Israel Legal since 1963 (de facto), 1988 (de jure)[260]
+ UN decl. sign.[5][261]
Unregistered cohabitation since 1994. / Unrecognized if performed in country, but foreign same-sex marriages are recognized. Step-child adoption since 2005.
Joint adoption since 2008.[262][263]
Since 1993 Bans some anti-gay discrimination;[264][265] Basic Law: Human Dignity and Liberty applies to homosexuals and bisexuals.[266] Full recognition of gender's ID without a surgery or medical intervention;[267] equal employment opportunity law bars discrimination based on gender identity;[268][269] Basic Law: Human Dignity and Liberty applies to transgender individuals.[268][270]
Jordan Jordan Legal since 1951[5] Legal since 2014[271]
Kuwait Kuwait Male illegal
Penalty: Fines or up to 6-year prison sentence
Female always legal[5][272]
Lebanon Lebanon Legal since 2014[273] Legal gender change allowed
Oman Oman Illegal
Penalty: Fines and prison sentence up to 3 years (Only enforced when dealing with "public scandal")[5]
Qatar Qatar Illegal
Penalty: Fines, prison sentence up to 7 years.[5]
Saudi Arabia Saudi Arabia Illegal
Penalty: Prison sentences of several months to life, fines and/or whipping/flogging, castration, torture or death can be sentenced on first conviction. A second conviction merits execution.[5]
Syria Syria Illegal
Penalty: Prison sentence up to 3 years (Law in de-facto suspended)[274][5]
Transsexuals allowed to change legal gender
United Arab Emirates United Arab Emirates Illegal under federal law
Penalty: deportation, fines or prison time
Illegal in the emirate of Dubai
Penalty: Up to 14 years imprisonment
Illegal in the emirate of Abu Dhabi
Penalty: Up to 10 years imprisonment[5]
Sex reassignment surgery for people whose gender is unclear or whose physical features do not match their physiological, biological and genetic characteristics.[275][276][277]
Yemen Yemen Illegal
Penalty: Unmarried men punished

with 100 lashes of the whip or a maximum of one year of imprisonment, married men with death by stoning. Women punished up to three years of imprisonment; where the offense has been committed under duress, the punishment is up to seven years detention.[5]

Southern Asia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Afghanistan Afghanistan Illegal
Penalty: Long imprisonment or death penalty (No known cases of death sentences have been handed out for same-sex sexual activity after the end of Taliban rule)[5]
Bangladesh Bangladesh Illegal
Penalty: 10 years to life imprisonment[5]
A third option (hijra) beside male and female[278]
Bhutan Bhutan Illegal
Penalty: Prison sentence up to 1 year (Not enforced)[5]
India India Illegal nationwide since 1861, was legal from 2009 to 2013 only for National Capital Territory of Delhi[279]
Penalty: Up to 10 years imprisonment (sporadically enforced)[280][279][5]

Supreme Court to consider legalization. [281]

No explicit recognition.[282] No explicit recognition.[282] Transgender individuals may adopt. [283] "Third gender" recognised by Supreme Court[284]
Maldives Maldives Illegal
Penalty: For men the punishment is banishment for nine months to one year or a whipping of 10 to 30 strokes. For women is house arrest for nine months to one year.[5]
Nepal Nepal Legal since 2007
+ UN decl. sign.[5]
(Proposed: By Supreme Court in 2008) (Proposed: By Supreme Court in 2008) Under consideration Constitution bans all anti-gay discrimination. Gender change is legal since 2007.
Constitution bans all discrimination.[285]
Pakistan Pakistan Illegal
Penalty: 2 years to life sentence[5]
Right to changer gender; transgender and intersex citizens have protection form all discrimination and harassment.[286]
Sri Lanka Sri Lanka Illegal
Penalty: Fine and up to 10 years imprisonment (Not enforced)[5]

Eastern Asia

LGBT rights in: Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
China China
(People's Republic of)
Legal since 1997[5] Transsexuals allowed to change legal gender, but only after sex reassignment surgery.
Hong Kong Hong Kong
(Special administrative region of China)
Legal since 1991[5]
The People's Republic of China is in charge of Hong Kong's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Hong Kong.
Government employment, goods and services only Transsexuals allowed to change legal gender, but only after sex reassignment surgery.
Japan Japan Legal since 1880
+ UN decl. sign.[5]
(Non-legally binding partnerships in 5 municipal jurisdictions (Shibuya, Setagaya, Iga, Takaraduka, Naha) / No nationwide protections, but some cities ban some anti-gay discriminations[5] Transsexuals allowed to change legal gender, but only after sex reassignment surgery and in case that the transsexual has no child under 20 years old
Macau Macau
(Special administrative region of China)
Legal
(No laws against same-sex sexual activity has ever existed in the region)[287]

The People's Republic of China is in charge of Macau's defence affairs. Regardless of sexual orientation, military personnel are not recruited from Macau.
Bans some anti-gay discrimination
Mongolia Mongolia Legal since 1961
+ UN decl. sign.[5]
Due to conscription. Bans anti-gay discrimination. Transsexuals allowed to change legal gender
North Korea North Korea Legal
(No laws against same-sex sexual activity has ever existed in the country)[5]
Unknown although there are heavily obeyed gender roles for both male and female. See Let's trim our hair in accordance with the socialist lifestyle
South Korea South Korea Legal
(No laws against same-sex sexual activity has ever existed in the country)
+ UN decl. sign.[5]
Transsexuals allowed to change legal gender
Taiwan Taiwan
(Republic of China)
Legal since 1895[288] / Registered partnership in Kaohsiung,[289] Taipei,[290] Taichung (2015),[291] Tainan,[292] New Taipei,[293] Taoyuan,[294] Chiayi City,[295] Changhua, [296] and Hsinchu (2016).
(Proposed nationwide)
(In 2016 part of the caucus (DPP,KMT,NPP) legislative proposal, the President Tsai Ing-wen also expressed respect for the attitude) (In 2016 part of the caucus (DPP,KMT,NPP) legislative proposal, the President Tsai Ing-wen also expressed respect for the attitude) Due to military draft Bans some anti-gay discrimination (in work and education) Transsexuals allowed to change legal gender. Surgery no longer a requirement beginning in 2015[297]

Southeast Asia

LGBT rights in Same-sex sexual activity Recognition of relationships Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Brunei Brunei Illegal
Penalty: Fines and imprisonment up to 10 years or death by stoning[5]
Myanmar Myanmar (Burma) Illegal
Penalty: Up to life sentence (Not enforced) [5]
Cambodia Cambodia Legal
(No laws against same-sex sexual activity has ever existed in the country)[5]
Constitutional ban since 1993, though there has been at least one recorded case of a legally registered and recognized same-sex marriage.
East Timor East Timor Legal since 1975
+ UN decl. sign.[5]
Bans hate crimes based on sexual orientation
Indonesia Indonesia Legal nationwide, except;
Illegal in the provinces of Aceh and South Sumatra and the city of Palembang (Applies only to Muslims)[298][299][5] (Age of consent discrepancy)
[300]
Laos Laos Legal
(No laws against same-sex sexual activity has ever existed in the country)[5]
Malaysia Malaysia Male illegal
Penalty: fines, prison sentence (2-20 years), or whippings

Female always legal[5]

Philippines Philippines Legal nationwide since 1933
[301][5][302]
(Pending)[301] (Pending)[303] LGBT individuals may adopt.[304] Since 2009 [305] Cebu[306] Quezon City, Davao[307] and Albay have anti-discrimination ordinances[308] (National bill pending but still not made into law) (Pending)[309]
Singapore Singapore Male illegal
Penalty: up to 2 years prison sentence (Not enforced since 1999)
Female legal since 2007[5]
Due to conscription, but gays are not allowed to go to command school or serve in sensitive units. Transsexuals allowed to change legal gender, but only after sex reassignment surgery.
Thailand Thailand Legal since 1956
+ UN decl. sign.[5]
(Proposed)[310] Since 2005 Bans all anti-gay discrimination. Transsexuals may change their legal name after having a sex change operation.[311]
Vietnam Vietnam Legal
(No laws against same-sex sexual activity has ever existed in the country)[5]
+ UN decl. sign.[5]
Sex-change recognized for sex assignment for persons of congenital sex defects and unidentifiable sex. Gender reassignment surgery from 2017

Partially recognized or unrecognized states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Abkhazia Abkhazia Legal after 1991
Nagorno-Karabakh Republic Nagorno-Karabakh Legal since 2000 Constitutionally banned since 2006 [312]
Northern Cyprus Northern Cyprus Legal since 2014[313][314][5] Bans all anti-gay discrimination[313][314] Discrimination or hate speech banned since 2014.[313][314]

Unknown if gender change is legal.

State of Palestine Palestinian territories West Bank:
Legal since 1951 (As part of Jordan)[5]
Gaza:
Male illegal
Penalty: Up to 10 years imprisonment
Female always legal[5]
South Ossetia South Ossetia Legal after 1991

Europe

List of countries or territories by LGBT rights in Europe


Tables:

European Union

Main article: LGBT rights in the European Union
LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
European Union European Union Legal in all 28 member states.[315] / Legal in 22/28 member states.
/ Legal in 11/28 member states.
/ Joint adoption legal in 14/28 member states.
Step-child adoption legal in 18/28 member states.
/ Legal in 27/28 member states.
/ Membership requires a state to ban anti-gay discrimination in employment only. Legal in all 28 member states.[316]

Central Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Austria Austria Legal since 1971[5]
+ UN decl. sign.
Registered partnership since 2010[317] (Pending)[318] Step-child adoption since 2013.
Joint adoption since 2016.[319][320]
(+automatic co-parent recognition)[321]
Bans all anti-gay discrimination[322] Gender change is legal.[252]
Croatia Croatia Legal since 1977 (As part of Yugoslavia)
+ UN decl. sign.[5]
Life partnership since 2014[323] Constitutionally banned since the 2013 referendum.[324] / Partner-guardianship since 2014 (parental responsibility and a permanent next-of-kins relationship between a life partner and their partner's child which is registered in the child's birth certificate) Bans all anti-gay discrimination[322][325] Act on the elimination of discrimination bans all types discrimination based on both gender identity and gender expression. Gender change is regulated by special policy issued by Ministry of Health.[326]
Czech Republic Czech Republic Legal since 1962 (As part of Czechoslovakia)
+ UN decl. sign.[5]
Registered partnership since 2006[327] (Step-child adoption pending)[328] Bans all anti-gay discrimination[322] Legal recognition is granted and birth certificate is amended after reassignment surgery (with mandatory sterilisation).[252]
Germany Germany Legal in East Germany since 1968
Legal in West Berlin and West Germany since 1969
+ UN decl. sign.[5][329]
Registered life partnership since 2001[330] (Pending)[331] / Step-child adoption since 2005; (Joint adoption pending) Bans all anti-gay discrimination[332][333] Gender change is legal.[334]
Hungary Hungary Legal since 1962
+ UN decl. sign.[5]
Registered partnership since 2009[335] (Pending)[336][337]
Constitutionally banned since 2012.[338][339]
LGBT individuals may adopt; (Joint and step-child adoption pending)[337] Bans all anti-gay discrimination[322] Full legal recognition granted, birth certificate replaced. No surgery or hormone therapy is required for legal gender change.[252]
Liechtenstein Liechtenstein Legal since 1989
+ UN decl. sign.[5]
Registered partnership since 2011[340] LGBT individuals may adopt.[341] Has no military (Proposed) Gender change is not legal.[252]
Poland Poland Legal
(No laws against same-sex sexual activity has ever existed in the country)
+ UN decl. sign.[5]
[342] [343] LGBT individuals may adopt, joint adoption forbidden.[344] Bans some anti-gay discrimination[322]
Romania Romania Legal since 1996
+ UN decl. sign.[5]
LGBT individuals may adopt.[345] Bans all anti-gay discrimination[322] Legal recognition and birth certificates amended after reassignment surgery.[252]
Slovakia Slovakia Legal since 1962 (As part of Czechoslovakia)
+ UN decl. sign.[5]
Constitutionally banned since 2014[346] LGBT individuals may adopt.[347] Bans all anti-gay discrimination[348][349] (Requires sterilisation for change[252])
Slovenia Slovenia Legal since 1977 (As part of Yugoslavia)
+ UN decl. sign.[5]
Registered partnership since 2006[350] / Step-child adoption since 2011[351] Bans all anti-gay discrimination[322] Gender change is legal.[352]
Switzerland Switzerland Legal nationwide since 1942
Legal in the cantons of Geneva, Ticino, Valais and Vaud (as part of France) since 1798
+ UN decl. sign.[5]
Registered partnership in Geneva (2001),[353] Zurich (2003),[354] Neuchâtel (2004)[355] and Fribourg (2004)[355]
Nationwide since 2007[356]
(Pending)[357] / Step-child adoption since 2016 Bans some anti-gay discrimination. (Banning all anti-gay discrimination pending)[358] Legal documents can be issued based on a person's new gender identity. Sterilisation is technically required but has not been enforced since 2012. Registered Partnership can become Marriage between the new opposite-sex couple.[359]

Eastern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Armenia Armenia Legal since 2003
+ UN decl. sign.[5]
Constitutionally banned since 2015[360][361] / No explicit ban. However, LGBT persons have been reportedly discharged because of their sexual orientation.[362]
Azerbaijan Azerbaijan Legal since 2000[5] [363] (Requires sterilisation for change[252])
Belarus Belarus Legal since 1994[5] Constitutionally banned since 1994 [364] / Banned from military service during peacetime, but during wartime homosexuals are permitted to enlist as partially able.[365] LGBT activism/expression deemed terrorism[366]
Georgia (country) Georgia Legal since 2000
+ UN decl. sign.[5]
(Constitutional ban proposed)[367][368] Bans all anti-gay discrimination[369] (Requires sterilisation for change[252])
Kazakhstan Kazakhstan Legal since 1998[5] [247]
Moldova Moldova Legal since 1995
+ UN decl. sign.[5]
Constitutionally banned since 1994[370] Bans some anti-gay discrimination [322] (Requires sterilisation for change[252])
Russia Russia Male legal since 1993
Female always legal[371][5]
(Constitutional ban proposed)[372] (Requires sterilisation for change[252])
Ukraine Ukraine Legal since 1991
+ UN decl. sign.[5]
Constitutionally banned since 1996[373] LGBT individuals may adopt.[374] / Policies depend on the regional commissioners.[375] Bans some anti-gay discrimination[376] (Requires sterilisation for change[252])

Northern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Denmark Denmark Legal since 1933
+ UN decl. sign.[5]
Registered partnership from 1989 to 2012 (Existing partnerships are still recognised.)[377] Legal since 2012[378][379] Step-child adoption since 1999.
Joint adoption since 2010.[380]
(+automatic co-parent recognition)[381]
Bans all anti-gay discrimination[322] Legal gender change and recognition possible without surgery or hormone therapy.[382]
Estonia Estonia Legal since 1992
+ UN decl. sign.[5]
Cohabitation agreement since 2016[383] / Step-child adoption since 2016. Couples where both partners are infertile may also jointly adopt non-biological children since 2016. Bans all anti-gay discrimination[322] Forbids discrimination based on gender identity.[252]
Faroe Islands Faroe Islands
(Constituent country of the Kingdom of Denmark)
Legal since 1933
+ UN decl. sign.[5]
(Pending) [384] (Awaiting Danish parliament approval) (Awaiting Danish parliament approval) (Denmark responsible for defence) Bans some anti-gay discrimination[385][386] [387]
Finland Finland
Åland Islands(includes Åland Islands)
Legal since 1971
+ UN decl. sign.[5]
Registered partnership since 2002[388] From March 2017[389] Step-child adoption since 2009.
Joint adoption from March 2017.
Bans all anti-gay discrimination[322] Legal change and recognition is possible only with sterilisation.[390]
Iceland Iceland Legal since 1940
(As part of Denmark)
+ UN decl. sign.[5]
Registered cohabitation since 2006[391];
Registered partnership from 1996 to 2010 (Existing partnerships are still recognised.)[392]
Legal since 2010[393][394] Legal since 2006[395]
(+automatic co-parent recognition)[396]
Has no military Bans all anti-gay discrimination[322] Documents can be amended to the recognised gender.[397][252]
Latvia Latvia Legal since 1992
+ UN decl. sign.[5]
Constitutionally banned since 2006[398] LGBT individuals may adopt.[399] Bans some anti-gay discrimination[322] Documents are amended accordingly, no medical intervention required.[400]
Lithuania Lithuania Legal since 1993
+ UN decl. sign.[5]
(Pending)[401] Constitutionally banned since 1992[402] Only married couples can adopt.[403] Bans all anti-gay discrimination[322] Gender change is legal since 2003.[404]
Norway Norway Legal since 1972
+ UN decl. sign.[5]
Registered partnership from 1993 to 2009 (Existing partnerships are still recognised.)[405] Legal since 2009[406][407] Legal since 2009[408]
(+automatic co-parent recognition)[409]
Bans all anti-gay discrimination[322] All documents can be amended to the recognised gender.[252]
Sweden Sweden Legal since 1944
+ UN decl. sign.[5]
Registered partnership from 1995 to 2009 (Existing partnerships are still recognised.)[410] Legal since 2009[411] Legal since 2003[412]
(+automatic co-parent recognition)[413]
[414] Bans all anti-gay discrimination[322] [415]

Southern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Akrotiri and Dhekelia Akrotiri and Dhekelia
(Overseas territory of the United Kingdom)
Legal since 2000
+ UN decl. sign.[5][416][417]
(for members of British forces)[418] (for members of British forces)[419] UK responsible for defence Bans all anti-gay discrimination[420]
Albania Albania Legal since 1995
+ UN decl. sign.[5]
Bans all anti-gay discrimination[322] Forbids discrimination based on gender identity.[421]

Gender change is not legal.[252]

Andorra Andorra Legal since 1990
+ UN decl. sign.[5]
Stable union since 2005[422]; Civil union since 2014.[423] Legal since 2014[424][423][425] Has no military Bans all anti-gay discrimination[322] Gender change is not legal.[252]
Bosnia and Herzegovina Bosnia and Herzegovina Legal since 1998 in the Federation of Bosnia and Herzegovina, Republika Srpska since 2000 and Brcko District since 2001
+ UN decl. sign.[5]
Bans some anti-gay discrimination[322] Protected in hate crime legislation, but requires surgery for change.[426]
Bulgaria Bulgaria Legal since 1968
+ UN decl. sign.[5]
Constitutionally banned since 1991[427] LGBT individuals may adopt.[428] Bans all anti-gay discrimination[322] Forbids discrimination based on gender identity, but requires sterilisation for change[429][430]
Cyprus Cyprus Legal since 1998
+ UN decl. sign.[5]
Civil cohabitation since 2015[431] (The only EU country to ban LGBT people in the military, not enforced)[432] Bans all anti-gay discrimination[322] Forbids discrimination based on gender identity.[433]

Gender change is not legal.

Gibraltar Gibraltar
(Overseas territory of the United Kingdom)
Legal since 1993
+ UN decl. sign.[5]
Civil partnership since 2014[434] (Since 2016; awaiting Royal Assent)[435] Legal since 2014 UK responsible for defence Bans some anti-gay discrimination (Banning all anti-gay discrimination pending)[436] (Pending)[437]
Greece Greece Legal since 1951 + UN decl. sign.[5] Cohabitation agreement since 2015[438] Bans all anti-gay discrimination[322] (Requires sterilisation for change[252])
Italy Italy Legal since 1890
+ UN decl. sign.[5]
Civil union since 2016[439][440] (Pending)[441][442][443] / Stepchild adoption admitted by the Court of Cassation [444][445] Bans some anti-gay discrimination[322] Since 1982 legal recognition and documents can be amended to the recognised gender.[446] The Court of Cassation decided in 2015 that sterilisation is not required.[447]
Republic of Macedonia Macedonia Legal since 1996
+ UN decl. sign.[5]
(Constitutional ban pending)[448]
Malta Malta Legal since 1973
+ UN decl. sign.[5]
Civil union since 2014[449] / Marriage performed abroad recognised since 2014[449][450] (Pending) Legal since 2014 Bans all anti-gay discrimination[322] Since 2015.[451]
Montenegro Montenegro Legal since 1977 (As part of Yugoslavia)
+ UN decl. sign.[5]
Constitutionally banned since 2007[452][453] Bans all anti-gay discrimination[322] Forbids discrimination based on gender identity, but requires sterilisation for change[252]
Portugal Portugal Legal since 1983
+ UN decl. sign.[5]
De facto union since 2001[454][455] Legal since 2010[456] Legal since 2016 (+automatic co-parent recognition)[457][458][459] Bans all anti-gay discrimination.[322] Since 2011. All documents can be amended to the recognised gender.[460]
San Marino San Marino Legal since 1865
+ UN decl. sign.[5]
/ Unregistered cohabitation since 2012 (Only for one entitlement); civil unions proposed[461][462] Stepchild adoption proposed[463] Bans some anti-gay discrimination Gender change is not legal.[252]
Serbia Serbia Legal from 1858, when nominally a vassal of Ottoman Empire to 1860[464] and again since 1994 (As part of Yugoslavia)
+ UN decl. sign.[5]
Constitutionally banned since 2006[465] LGBT individuals may adopt Bans all anti-gay discrimination[322] Gender change is legal since 2007.[466][467]
Spain Spain Legal since 1979
+ UN decl. sign.[5]
De facto union in Catalonia (1998),[468] Aragon (1999),[468] Navarre (2000),[468] Castile-La Mancha (2000),[468] Valencia (2001),[469] the Balearic Islands (2001),[470] Madrid (2001),[468] Asturias (2002),[471] Castile and León (2002),[472] Andalusia (2002),[468] the Canary Islands (2003),[468] Extremadura (2003),[468] Basque Country (2003),[468] Cantabria (2005),[473] Galicia (2008)[474] and La Rioja (2010)[475] Legal since 2005[476] Legal since 2005[477]
(+automatic co-parent recognition)[478]
Bans all anti-gay discrimination[322] Since 2007, all documents can be amended to the recognised gender[479]
Turkey Turkey Legal since 1858[5] (Proposed)[480] (Proposed)[480] (Requires sterilisation for change[481])
Vatican City Vatican City Legal since 1890 (As part of Italy)[5] Has no military

Western Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Belgium Belgium Legal nationwide since 1795
+ UN decl. sign.[5]
Legal cohabitation since 2000[482] Legal since 2003[483][484][485] Legal since 2006[486]
(+automatic co-parent recognition)[487]
Bans all anti-gay discrimination[322] The 2007 law concerning transsexuality[488] grants the right to a legal name and gender change, but it requires hormone treatment for name change and sterilisation for gender change.
France France Legal nationwide since 1791
Legal in Savoy since 1792
+ UN decl. sign.[5]
Civil solidarity pact since 1999[489] Legal since 2013[490] Legal since 2013[491] Bans all anti-gay discrimination[322] (Requires sterilisation for change[492])
Guernsey Guernsey
(Crown dependency of the United Kingdom)
Legal since 1983
+ UN decl. sign.[493][494][5]
/ Civil Partnership performed in UK abroad recognised for succession purposes in inheritance and other matters respecting interests in property since 2012. Civil unions performed abroad recognised from 2017[495][496][497] From 2017[498] (Pending)[499] UK responsible for defence Bans some anti-gay discrimination[500] 2004 anti-discrimination law. Legal gender change since 2007: Case law only. Only allows a new birth certificate to be issued. Does not amend or remove records of existing birth certificates, extension to Alderney and Sark unclear, does extend to Herm.[500][501]
Republic of Ireland Ireland Male legal since 1993
Female always legal
+ UN decl. sign.[5]
Civil partnership since 2011 to 2015 (Existing partnerships are still recognised.)[502] Legal since 2015 after a constitutional referendum.[503] Joint adoption since 2016. Stepchild adoption is not legal for any couples, but a birth parent and their partner may be eligible to be joint adopters of the child.[504][505][506][507]
(+automatic co-parent recognition)[508]
Bans all anti-gay discrimination[509][510][511] Gender Recognition Act 2015 [512]
Isle of Man Isle of Man
(Crown dependency of the United Kingdom)
Legal since 1992
+ UN decl. sign.[5]
Civil partnership since 2011[513] Legal since 2016[514] Legal since 2011 UK responsible for defence Bans some anti-gay discrimination[515] Transsexual persons are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition Act 2009 (c.11).[516][517]
Jersey Jersey
(Crown dependency of the United Kingdom)
Legal since 1990
+ UN decl. sign.[5]
Civil partnership since 2012[518] (Proposed)[519] Legal since 2012 UK responsible for defence Bans all anti-gay discrimination[520] Gender Recognition (Jersey) Law 2010[521]
Luxembourg Luxembourg Legal since 1795
+ UN decl. sign.[5]
Registered Partnership since 2004[522] Legal since 2015[523][524] Legal since 2015[525] Bans all anti-gay discrimination[526] (Requires sterilisation for change[252])
Monaco Monaco Legal since 1793
+ UN decl. sign.[5]
(Pending)[527] France responsible for defence Bans some anti-gay discrimination[5]
Netherlands Netherlands Legal since 1811
+ UN decl. sign.[5]
Registered partnership since 1998[528] Legal since 2001[529] Legal since 2001[530]
(+automatic co-parent recognition)[531]
Bans all anti-gay discrimination[532] [533]
United Kingdom United Kingdom Male legal in England and Wales since 1967, in Scotland since 1981, and in Northern Ireland since 1982
Female always legal
+ UN decl. sign.[5]
Civil partnership since 2005[534] Legal in England, Wales and Scotland since 2014.[535][536]
Illegal in Northern Ireland
Legal in England and Wales since 2005, in Scotland since 2009 and Northern Ireland since 2013[537][538]
(+automatic co-parent recognition)[539]
Bans all anti-gay discrimination[540][5] Gender Recognition Act 2004.

Partially recognised or unrecognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Abkhazia Abkhazia Legal after 1991
Luhansk People's Republic Luhansk People's Republic Legal since 1991
(as part of Ukraine)[541][542]
Kosovo Kosovo Legal since 1994
(as part of Yugoslavia)[5]
[543] LGBT individuals may adopt.[544][545] Bans all anti-gay discrimination[546] [252]
Nagorno-Karabakh Republic Nagorno-Karabakh Legal after 1991 Constitutionally banned since 2006 [547]
Northern Cyprus Northern Cyprus Legal since 2014[313][314][5] Bans all anti-gay discrimination[313][314] Discrimination or hate speech banned since 2014.[313][314]

Unknown if gender change is legal.

Donetsk People's Republic Donetsk People's Republic Legal since 1991
(as part of Ukraine)[541][548]
South Ossetia South Ossetia Legal after 1991
Transnistria Transnistria Legal since 2002[549] (Proposed)[550]

Oceania

List of countries or territories by LGBT rights in Oceania


Tables:

Australasia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Australia Australia
(including territories of
 Christmas Island,
 Cocos (Keeling) Islands and
 Norfolk Island)
Legal in South Australia since 1972, in Victoria since 1981, New South Wales since 1983, the Northern Territory since 1984, the Australian Capital Territory since 1985, Western Australia since 1990, Queensland since 1991, Norfolk Island since 1993 and Tasmania since 1997
Legal in Christmas Island and Cocos (Keeling) Islands
+ UN decl. sign.[5]
Unregistered cohabitation nationally since 2009

Domestic partnership in Tasmania (2004),[551] South Australia (2007),[552] Victoria (2008),[553] New South Wales (2010)[554] and Queensland (2012)[555];
Civil union in the Australian Capital Territory (2012)[556]

Banned nationally under the Marriage Amendment Act 2004[557] (Pending)[558] / Joint adoption legal in Western Australia (2002), the Australian Capital Territory (2004), New South Wales (2010), Tasmania (2013), Victoria (2016), Queensland (2016),[559] South Australia (not yet in effect).[560] Banned in the Northern Territory only. Since 1992[561] Bans all anti-gay discrimination.[562] [562]
New Zealand New Zealand Legal since 1986
+ UN decl. sign.[5]
Unregistered cohabitation since 2002;
Civil union since 2005.
Legal since 2013[563] Legal since 2013[563] Since 1993 Bans all anti-gay discrimination Covered under the "sex discrimination" provision of the Human Rights Act 1993 since 2006.

Melanesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Fiji Fiji Legal since 2010
+ UN decl. sign.[564][5]
Bans some anti-gay discrimination[5]
New Caledonia New Caledonia
(overseas collectivity of France)
Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[5]
Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)
Papua New Guinea Papua New Guinea Male illegal
Penalty: 3 to 14 years imprisonment (Not enforced)
Female always legal[5]
Solomon Islands Solomon Islands Illegal
Penalty: Up to 14 years imprisonment.[5]
Has no military The latest draft of the Constitution (expected to factually replace the existing Constitution by late 2016) explicitly allows for discrimination on grounds of sexual orientation, and also allows for the advocacy of hatred (and incitement to cause harm) on the basis of sexual orientation.[565]
Vanuatu Vanuatu Legal since 2007
+ UN decl. sign.[5]

Micronesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Guam Guam
(Unincorporated territory of the United States)
Legal since 1978
+ UN decl. sign.[5]
Since 2015 Legal since 2015 Legal since 2002 US responsibility Bans some anti-gay discrimination.
The US hate crime laws apply to all US external territories as well
Bans some discrimination relating to gender identity or expression.
The US hate crime laws also apply to all US external territories as well
Federated States of Micronesia Federated States of Micronesia Legal
+ UN decl. sign.[5]
Has no military
Kiribati Kiribati Male illegal
Penalty: 5-14 years imprisonment
Female legal[5]
Has no military
Marshall Islands Marshall Islands Legal since 2005
+ UN decl. sign.[5]
Has no military
Nauru Nauru Legal since 2016[566][567]
+ UN decl. sign.
Has no military
Northern Mariana Islands Northern Mariana Islands
(Unincorporated territory of the United States)
Legal since 1983
+ UN decl. sign.[5]
Since 2015 Legal since 2015 Legal since 2015 US responsibility The US hate crime laws also apply to all US external territories as well The US hate crime laws also apply to all US external territories as well
Palau Palau Legal since 2014
+ UN decl. sign.[568]
Constitutional ban since 2008 Has no military

Polynesia

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB allowed to serve openly in military? Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
American Samoa American Samoa
(Unincorporated territory of the United States)[569]
Legal since 1980
+ UN decl. sign.[5]
[570] US responsibility The US hate crime laws also apply to all US external territories as well The US hate crime laws also apply to all US external territories as well
Easter Island Easter Island
(Overseas territory of Chile)
Legal since 1999
(Age of consent discrepancy)
+ UN decl. sign.[5]
Civil union since 2015. LGBT individuals may adopt (Pending) Chile responsible for defence. Since 2007.
Cook Islands Cook Islands
(Part of the Realm of New Zealand)
Male illegal
Penalty: 5-14 years imprisonment (Not enforced)
Female legal
+ UN decl. sign.[5]
New Zealand's responsibility Bans some anti-gay discrimination[571]
French Polynesia French Polynesia
(Overseas collectivity of France)
Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[5]
Since 2013 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)
Niue Niue
(Part of the Realm of New Zealand)
Legal since 2007
+ UN decl. sign.[5]
New Zealand's responsibility
Pitcairn Islands Pitcairn Islands
(Overseas territory of the United Kingdom)
Legal since 2001
+ UN decl. sign.[5]
Since 2015 Legal since 2015[572] Legal since 2015[573] UK responsible for defence Constitutional ban on discrimination.[574]
Samoa Samoa Male illegal
Penalty: 5-7 years imprisonment (Not enforced)
Female always legal
+ UN decl. sign.[5]
Has no military Bans some anti-gay discrimination[575] Samoa has a large transgender or "third-gender" community called the Fa'afafine. This is a recognized part of traditional Samoan customs, and usually refers to trans women.
Tokelau Tokelau
(Part of the Realm of New Zealand)
Legal since 2007
+ UN decl. sign.[5]
New Zealand's responsibility
Tonga Tonga Male illegal
Penalty: Up to 10 years imprisonment and whipping (Not enforced)
Female always legal[5]
Tuvalu Tuvalu Male illegal
Penalty: Up to 14 years imprisonment
Female legal
+ UN decl. sign.[5]
Has no military
Wallis and Futuna Wallis and Futuna
(Overseas collectivity of France)
Legal
(No laws against same-sex sexual activity has ever existed in the collectivity)
+ UN decl. sign.[5]
Civil solidarity pact since 2009 Legal since 2013 Legal since 2013 French responsibility Bans all anti-gay discrimination (Requires sterilization for change)

See also

Notes

  1. Countries with same-sex marriage recognized nationwide are: Argentina, Belgium, Brazil, Canada, Colombia, Denmark,[lower-alpha 2] France, Iceland, Luxembourg, the Netherlands,[lower-alpha 3] New Zealand,[lower-alpha 4] Norway, Portugal, South Africa, Spain, Sweden, the United Kingdom,[lower-alpha 5] the United States [lower-alpha 6] and Uruguay.
  2. Excluding the Faroe Islands
  3. Excluding Aruba, Curaçao and Sint Maarten
  4. Excluding Niue, Tokelau and the Cook Islands
  5. Excluding Northern Ireland, the Crown dependencies and most British Overseas Territories. (Same-sex marriage is legal in the Pitcairn Islands).
  6. Excluding most Native American tribes. (Same-sex marriage is legal in at least 24 of them). Application to American Samoa unclear.
  7. These five sub-national jurisdictions are: the provinces of Aceh and South Sumatra (Indonesia), the Cook Islands (New Zealand), Gaza (Palestine) and Marawi City (the Philippines).

References

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  13. Catharine Edwards, "Unspeakable Professions: Public Performance and Prostitution in Ancient Rome," in Roman Sexualities, pp. 67–68.
  14. Amy Richlin, The Garden of Priapus: Sexuality and Aggression in Roman Humor (Oxford University Press, 1983, 1992), p. 225, and "Not before Homosexuality: The Materiality of the cinaedus and the Roman Law against Love between Men," Journal of the History of Sexuality 3.4 (1993), p. 525.
  15. Plutarch, Moralia 288a; Thomas Habinek, "The Invention of Sexuality in the World-City of Rome," in The Roman Cultural Revolution (Cambridge University Press, 1997), p. 39; Richlin, "Not before Homosexuality," pp. 545–546. Scholars disagree as to whether the Lex Scantinia imposed the death penalty or a hefty fine.
  16. Craig Williams, Roman Homosexuality (Oxford University Press, 1999, 2010), p. 304, citing Saara Lilja, Homosexuality in Republican and Augustan Rome (Societas Scientiarum Fennica, 1983), p. 122.
  17. Williams, Roman Homosexuality, pp. 214–215; Richlin, "Not before Homosexuality," passim.
  18. Catharine Edwards, The Politics of Immorality in Ancient Rome (Cambridge University Press, 1993), pp. 63–64.
  19. As recorded in a fragment of the speech De Re Floria by Cato the Elder (frg. 57 Jordan = Aulus Gellius 9.12.7), noted and discussed by Richlin, "Not before Homosexuality," p. 561.
  20. Richlin, "Not before Homosexuality," pp. 562–563. See also Digest 48.5.35 [34] on legal definitions of rape that included boys.
  21. Under the Lex Aquilia. See McGinn, Prostitution, Sexuality, and the Law in Ancient Rome, p. 314.
  22. McGinn, Prostitution, Sexuality and the Law in Ancient Rome, p. 40.
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  24. Polybius, Histories 6.37.9 (translated as bastinado).
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  26. Phang, The Marriage of Roman Soldiers, p. 3.
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  28. Phang, The Marriage of Roman Soldiers, pp. 285–292.
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  32. Codex Theodosianus 9.7.3 (4 December 342), introduced by the sons of Constantine in 342.
  33. Groneberg, "Reasons for Homophobia," p. 193.
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  39. (Spanish) Reglamento regulador del Registro de Uniones de Hecho
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  46. (Spanish) REGLAMENTO REGULADOR DEL REGISTRO DE PAREJAS DE HECHO DE LA CIUDAD AUTÓNOMA DE MELILLA
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  52. LGBT Rights in Guinea
  53. LGBT Rights in Liberia
  54. LGBT Rights in Mauritania
  55. "Nigeria (Law)". ilga.org. ILGA. Archived from the original on 3 July 2014. Retrieved 18 October 2015.
  56. LGBT Rights in Senegal
  57. LGBT Rights in Equatorial Guinea
  58. Marriage (Ascension) Ordinance, 2016
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  62. LGBT Rights in Eritrea
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  64. LGBT Rights in Comoros
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  80. Law Reform (2000) Act
  81. An Act instituting civil unions and establishing new rules of filiation
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  83. THE COMMON-LAW PARTNERS' PROPERTY AND RELATED AMENDMENTS ACT
  84. LOI CONCERNANT CERTAINES CONDITIONS DE FOND DU MARIAGE CIVIL
  85. Status differs in provinces and territories:
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  87. Northwest Territories Human Rights Act, S.N.W.T. 2002, c.18. Section 5.
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  92. (Danish) Anordning om ikrafttræden for Grønland af lov om ændring af lov om registreret partnerskab m.v.
  93. L 122 Forslag til lov om ændring af myndighedsloven for Grønland, lov om ikrafttræden for Grønland af lov om ægteskabets retsvirkninger, retsplejelov for Grønland og kriminallov for Grønland.
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