LGBTQ rights by country or territory
The countries of the world have a wide variety of laws relating to sexual relations between people of the same sex - everything from full same-sex marriage to the death penalty as punishment for homosexual intercourse. Among the first laws on same-sex love relations ca. 600 BC are those in ancient Crete and Sparta, which encouraged all adult men to engage in mentoring homoerotic friendships.
The first recorded laws against sexual intercourse between men dates to 550 BC during the Babylonian captivity of the Jewish people, it is recorded in Leviticus (though some scholars date Leviticus much older), and it prescribes the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex love relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from Judaism and its descendants: Islam and Christianity. 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 | |
| Angola | Yes | Unknown | Unknown | - | No | |
| Benin | Yes | 3 years | Unknown | - | No | |
| Botswana | Yes | 5 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 | |
| ☆Central African Republic | No | - | - | - | No | See Gay rights in the Central African Republic |
| ☆Chad | Unclear | - | - | - | No | See Gay rights in Chad |
| Comoros | Unclear | - | - | - | No | |
| ☆Republic of the Congo | No | - | - | - | No | See Gay rights in the Republic of the Congo |
| Côte d'Ivoire | No | - | - | - | No | |
| Djibouti | Yes | Unknown | Unknown | - | No | |
| ☆Egypt | Unclear | - | - | - | No | Although not illegal, commonly oppressed with vague morality laws. See Gay rights in Egypt |
| Equatorial Guinea | No | - | - | - | No | |
| Eritrea | Yes | 3 years | 10 days | - | No | |
| Ethiopia | Yes | 3 years | 10 days | - | No | |
| ☆Gabon | No | - | - | - | No | As of 1994, the age of consent for "gross indedency" and "act against nature" was 21, while it was 15 for most other sexual activity. See Gay rights in Gabon. |
| Gambia | Yes | 14 years | Fine | - | No | |
| ☆Ghana | Yes | ? | ? | - | No | See Gay rights in Ghana |
| Guinea | Yes | 3 years | 6 months | - | No | |
| Guinea Bissau | Yes | ? | ? | - | No | |
| ☆Kenya | Male only | 14 years | Fine | - | No | See Gay rights in Kenya |
| Lesotho | Male only | Unknown | Unknown | - | No | |
| Liberia | Yes | Fine | Fine | - | No | |
| Libya | Yes | 5 years | Fine | - | No | |
| Madagascar | No | - | - | - | No | |
| Malawi | Yes | 14 years | Unknown | - | No | |
| ☆Mali | No | - | - | - | No | See Gay rights in Mali |
| Mauritania | Yes | Death | Death | - | No | |
| Mauritius | Yes | 5 years | Fine | - | No | |
| ☆Morocco | Yes | 3 years | 6 months | - | No | See Gay rights in Morocco |
| Mozambique | Yes | 3 years | Fine | - | No | |
| Namibia | Male only | Unknown | Unknown | - | Yes | Laws against discrimination in Labour Code since 1992 |
| ☆Niger | No | - | - | - | No | See Gay rights in Niger |
| ☆Nigeria | Male only | 14 years | Fine | - | No | Areas under Sharia have instituted death for men and women. See Gay rights in Nigeria |
| Rwanda | No | - | - | - | No | |
| São Tomé and Príncipe | Yes | ? | ? | - | No | |
| Senegal | Yes | 5 years | 1 month | - | No | |
| Seychelles | Yes | Unknown | Unknown | - | No | |
| 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 | 3 years | 3 months | - | No | Areas under Sharia have instituted death for men and women. |
| ☆South Africa | No | - | - | Unregistered Cohabitation | Yes | Constitution explicitly protects against sexual orientation discrimination. Supreme Court ruled in favor of same-sex marriage, coming in 2006. See Gay rights in South Africa |
| Sudan | Yes | Death | 5 years | - | No | |
| 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 | |
| Tunisia | Yes | 3 years | Fine | - | No | See Gay rights in Tunisia |
| Uganda | Male only | Life (20 years) | Fine | - | No | |
| Zambia | Male only | 14 years | Fine | - | No | |
| Zimbabwe | Male only | 3 years | Fine | - | No | See Gay rights in Zimbabwe |
Asia
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
|---|---|---|---|---|---|---|
| ☆Afghanistan | Yes | 15 years | 5 years | - | No | Homosexuality is still a crime, but the death penalty (imposed under the Taliban) is no longer used. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. See Gay rights in Afghanistan. |
| ☆Bahrain | Male only | 10 years | Fine | - | No | See Gay rights in Bahrain |
| Bangladesh | Yes | Life | 10 years | - | No | |
| Bhutan | Yes | ? | ? | - | No | |
| Brunei | Yes | 10 years | Fine | - | No | |
| ☆Cambodia | No | - | - | - | No | Former king Norodom Sihanouk has called for legalization of same-sex marriage. See Gay rights in Cambodia |
| ☆China (PRC) | No | - | - | - | No | Marriage laws under-review. see Gay rights in China |
| Hong Kong | No | - | - | - | Considered | AD under consideration. Court ruling in 2005 equalised age of consent with that for heterosexual sex. The judgment is being appealed by the Government in 2006. See Gay rights in China#Hong Kong. |
| ☆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 | In 2003 a proposal to criminalize homosexuality failed. |
| ☆Iran | Yes | Death | Death | - | No | Sex change operations have been given official government support as means to cure a gender identity disease. Executions for homosexuality continue, most recently teenagers Mahmoud Asgari and Ayaz Marhoni. See LGBT rights in Iran. |
| ☆Iraq | Unclear | - | - | - | No | Criminal code amended to include death penalty for homosexuality in 2001. The U.S. occupation restored the criminal code back to its original 1969 edition. No provisions of the current Iraqi criminal code deal with homosexuality. However, the government has issued a decree allowing Islamic laws relating to family issues to be enforced. Whether this criminalizes adultery and homosexuality is unclear. See Gay rights in Iraq. |
| ☆Israel | No | - | - | Civil Partnership (Under process of legislation) | 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 | No | - | - | - | No | While not a crime, reports have shown that gays can be victims of vigilante "honor killings." See Gay rights in Jordan. |
| Kazhakstan | No | - | - | - | No | |
| Kuwait | Yes | 7 years | Fine | - | No | |
| Kyrgyzstan | No | - | - | - | No | |
| Laos | No | - | - | - | No | US Department of state says that no discrimination against homosexuals exist, and this is verified by an interview with gay men in Laos by a Swedish newspaper in 1992. |
| ☆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 | |
| 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.[1] However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation.[2] |
| Mongolia | No | - | - | - | No | |
| Myanmar | Yes | Life | 10 years | - | No | |
| Nepal | Yes | 1 year | - | - | No | |
| 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 | |
| Pakistan | Male only | Life | 2 years | - | No | See Gay rights in Pakistan |
| ☆Palestinian Authority | No | - | - | - | No | Gay Palestinians often attempt to flee to Israel as they are targeted for death in Palestinian-controlled areas. See Gay Palestinian Issues. |
| Philippines | No | - | - | - | Considered | Communist Party facilitates same-sex marriage. Same-sex marriages banned since 2003. |
| Qatar | Yes | 5 years | Fine | - | No | |
| ☆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. [3] Government officials have made calls to embrace diversity. Former Prime Minister Goh Chok Tong stated that open homosexuals can be employed in the civil workforce. See Discrimination against homosexuals in Singapore. |
| South Korea | No | - | - | - | Yes | Discrimination based on sexual orientation is against the law, though military service is restricted and gay websites are censored. See Gay rights in South Korea. |
| Sri Lanka | Yes | 10 years | Fine | - | No | |
| Syria | Yes | 3 years | Fine | - | No | |
| ☆Taiwan | No | - | - | - | No | Pending law allows same-sex marriage. See Gay rights in Taiwan. |
| Tajikistan | No | - | - | - | No | |
| ☆Thailand | No | - | - | - | No | Thailand now permits gays and transsexuals to serve in its military. [4]. See Gay rights in Thailand |
| Turkmenistan | Male only | 2 years | Fine | - | No | |
| ☆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. |
| Vietnam | No | - | - | - | No | Same-sex marriages banned since 1998. Reports suggest that this law may extend to a prohibition on same-sex couples living together or having any sort of public commitment celebration. |
| Yemen | Yes | Death | Death | - | No |
Europe
North and Central America
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
|---|---|---|---|---|---|---|
| Antigua and Barbuda | Yes | 15 years | - | - | ? | Applies to both women and men |
| Aruba | No | - | - | ? | 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. |
| Bahamas | No | - | - | - | No | |
| Barbados | Yes | Life | - | - | No | Laws currently under review. |
| Belize | Yes | Unknown | - | - | No | |
| Bermuda | No | - | - | - | considering | |
| ☆Canada | No | - | - | Same-sex marriage | Yes. By constitution since Egan v. Canada; by all provincial/territorial civil rights codes since Vriend v. Alberta. | Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. For more, see Gay rights in Canada. |
| Cayman Islands | No | - | - | - | Yes | |
| Costa Rica | No | - | - | - | Yes | Same-sex marriages banned. Scandalous sodomy is banned. |
| ☆Cuba | No | - | - | - | No | See Gay rights in Cuba. |
| Dominican Republic | No | - | - | - | No | |
| El Salvador | No | - | - | - | No | |
| Grenada | Male only | 10 years | - | - | No | |
| ☆Guadeloupe | No | - | - | Pacte civil de solidarité. | Yes. | Guadeloupe is part of the Département Français d'Amérique, 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 part of the Département Français d'Amérique, so French Law is in force. See Gay rights in France. |
| Mexico | No | - | - | - | 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; |
| 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. |
| Nicaragua | Yes | 3 years | Fine | - | No | |
| Panama | No | - | - | - | No | |
| 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 | 25 years | Fine | - | No | Applies to both men and women |
| Turks and Caicos Islands | No | - | - | - | No | |
| ☆United States | No. See Lawrence v. Texas | - | - | Civil Unions: VT, CT. Domestic partnerships: CA, NJ, ME, DC. Reciprocal benefits: HI. Same-sex marriage: MA. | Yes. | Some states cover sexual orientation and gender identity, some only cover sexual orientation and some do not cover either. See National Gay and Lesbian Task Force Resource Library [5]. Also see Gay rights in the United States for further information. |
Oceania
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
|---|---|---|---|---|---|---|
| ☆Australia | No | - | - | Same-sex relationship registration (Tasmania only) | Yes (in all States and Territories) | Domestic partnerships in all but South Australia and Victoria. Same-sex marriages banned under federal law. A registration scheme exists in Tasmania giving some rights to same-sex couples. See Gay rights in Australia. |
| Cook Islands | Male only | 14 years | Fine | - | No | |
| ☆Fiji | No | - | - | - | Yes | Sodomy law ruled unconstitutional by Fiji High Court on August 26, 2005. Constitution explicitly protects against sexual orientation discrimination. See Gay rights in Fiji. |
| Guam | No | - | - | - | No | |
| Kiribati | Male only | 14 years | Fine | - | No | |
| Maldives | Male only | 10 years | Fine | - | No | |
| Marshall Islands | Male only | 10 years | Fine | - | No | |
| Micronesia | No | - | - | - | No | |
| Nauru | Unknown | Unknown | Unknown | - | No | |
| New Caledonia | No | - | - | Considered. See Pacte civil de solidarité. | No | |
| ☆New Zealand | No | - | - | Civil unions | Yes | See Gay rights in New Zealand. |
| Niue | Male only | 10 years | Fine | - | No | |
| Palau | Male only | 10 years | Fine | - | No | - |
| Papua New Guinea | Male only | 14 years | Fine | - | No | |
| Samoa | Yes | 7 years | Fine | - | No | |
| Solomon Islands | Yes | 14 years | Fine | - | No | |
| Tahiti, French Polynesia | No | - | - | - | No | |
| Tokelau | Male only | 10 years | Fine | - | No | |
| Tonga | Male only | 10 years | Fine | - | No | |
| Tuvalu | Male only | 14 years | Fine | - | No | |
| Vanuatu | No | - | - | - | 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 | |
| Bolivia | No | - | - | - | No | |
| ☆Brazil | No | - | - | Civil unions in Rio Grande do Sul. | In some cities and states. Other Brazilian locations do not have specific laws to protect LGBT people. | See Gay rights in Brazil. |
| ☆Chile | No | - | - | - | Yes | See Gay rights in Chile. |
| Colombia | No | - | - | - | No | |
| ☆Ecuador | No | - | - | - | Yes | Anti-discrimination laws have been in Ecuador's constitution since 1998. See Gay rights in Ecuador. |
| Falkland Islands | No | - | - | Yes | No | |
| ☆French Guiana | No | - | - | Yes. See Pacte civil de solidarité. | Yes | French Law applies. See Gay rights in France. |
| Guyana | Male only | Life | Life | - | Under consideration | |
| Paraguay | No | - | - | - | No | |
| Peru | No | - | - | - | Yes | |
| Surinam | No | - | - | - | No | |
| Uruguay | No | - | - | - | Yes | |
| ☆Venezuela | No | - | - | No | Yes, according the 1999 Organic Labour Law | 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
| Part of a series on |
| LGBTQ rights |
|---|
 |
| Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer |
 LGBTQ portal |
- 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)
