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Homosexuality laws of the world

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World laws on homosexuality
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World laws on homosexuality

Same-sex unions in Europe.
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Same-sex unions in Europe.

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

The first recorded laws against sexual intercourse between men dates to 550 BC during the Babylonian captivity of the Jewish people, it is recorded in Leviticus (though some scholars date Leviticus much older), and it prescribes the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex love relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from 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 No
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  
Uganda Male only Life (20 years) Fine
No  
Zambia Male only 14 years Fine
No  
Zimbabwe Male only 3 years Fine
No  

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.
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, however, 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
Unregistered cohabition 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."
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.[link] However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation.[link]
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.
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. [link] 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 Article 31 of the National Human Rights Committee Law states that "no individual is to be discriminated against on the basis of his or her sexual orientation", however, the government continues to discriminate against sexual minorities.
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. [link]. See Gay rights in Thailand
Turkey No
No  
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

Country Laws against homosexuality Max. Penalty Min. Penalty Same-sex Unions Laws against discrimination Comments
Albania No
No  
Andorra No
Stable unions ?  
Armenia No
No  
Austria No
Yes See Gay rights in Austria.
Azerbaijan No
No  
Belgium No
Same-sex marriage Yes See Gay rights in Belgium
Belarus No
No See Gay rights in Belarus.
Bosnia-Herzegovina No
Yes AD in Gender Equality Act since 2003. See Gay rights in Bosnia and Herzegovina
Bulgaria No
Yes Gay rights in Bulgaria
Croatia No
Unregistered cohabitation Yes See Gay rights in Croatia.
Cyprus No
Yes See Gay rights in Cyprus
Czech Republic No
Registered partnership Yes See Gay rights in the Czech Republic
Denmark No
Registered partnership Yes First counry to legalize same-sex partnerships of any kind (1989) See Gay rights in Denmark
Estonia No
Yes See Gay rights in Estonia
Faroe Islands No
No  
Finland No
Registered partnership Yes See Gay rights in Finland.
France No
pacte civil de solidarité Yes It should be noted that French civil unions are not explicitly for same-sex couples, and are becoming an increasingly popular choice among all couples. See Gay rights in France.
Georgia No
Yes  
Germany No
Registered partnership Yes See Gay rights in Germany
Greece No
Yes See Gay rights in Greece
Guernsey  
Hungary No
Unregistered cohabitation Yes See Gay rights in Hungary
Iceland No
Registered partnership Yes  
Ireland No
Yes See Gay rights in the Republic of Ireland.
Isle of Man No
Yes  
Italy No
Some regions Yes Civil unions are recognised in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo.
Jersey No
No  
Latvia No
No Same-sex marriages banned.
Liechtenstein No
No Gay rights in Liechtenstein
Lithuania No
Yes  
Luxembourg No
Registered partnerships Yes  
Macedonia No
No See Gay rights in Macedonia.
Malta No
Yes  
Moldova No
in consideration  
Monaco No
Yes Yes  
Montenegro No
No  
Netherlands No
Same-sex marriage and Registered partnerships Yes See Gay rights in the Netherlands.
Norway No
Registered partnership Yes  
Poland No
Yes See Gay rights in Poland.
Portugal No
Unregistered cohabitation Yes  
Romania No
Yes See Gay rights in Romania.
Russia No
No Proposals (by NPRF)to recriminalize homosexuality failed in 2002, 2003 and 2004. See Gay rights in Russia.
San Marino No
No  
Serbia No
Yes* AD in Kosovo since 2001. See Gay rights in Serbia and Montenegro.
Slovakia No
Yes See Gay rights in Slovakia.
Slovenia No
Registered partnership Yes  
Spain No
Same-sex marriage Yes Unregistered and Registered Cohabitation in a number of regions. See Gay rights in Spain.
Sweden No
Registered partnership Yes Partnerships have the same rights as heterosexual marriage including adoption, but are legally distinct from marriage. See Gay rights in Sweden.
Switzerland No
Registered partnership No  
Ukraine No
No See Gay rights in Ukraine.
United Kingdom No
Civil partnership Yes See Gay rights in the United Kingdom.
Vatican City No
No Homosexuality is technically legal, but contrary to the teachings of the ruling Roman Catholic Church.

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
consider  
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 [link]. 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 Male only 14 years Fine
Yes 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 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

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