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Homosexuality laws of the world

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

The first recorded laws against sexual intercourse between men are dated by scholars to circa 550 BC, during the Babylonian captivity of the Jewish people; they are recorded in Leviticus (though conservative scholars date Leviticus much older), and they prescribe the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from traditional interpretations of Judaism and its descendants: Christianity and Islam. With the advent of colonialism this attitude spread along with political control from the imperial powers of the Abrahamic religions. In post-colonial times some non-Abrahamic religions have maintained their adoptive views of homosexuality. Usually an Abrahamic religion is the primary factor when accounting for a law against homosexuality and the major supporter.

Christian psychologists in Europe also attempted to rationalize the negative views of sodomy predominant in Europe in the middle ages with secular language, calling it a disease, by which means it was later absorbed as non-religious science in Communist states.

In addition to laws against the practice of homosexuality, many countries around the world consider calling a person homosexual sufficient grounds for a libel lawsuit. For example, Jason Donovan and Liberace have sued newspapers that ran articles insinuating they were gay; both men won their lawsuits.

This is a list of laws around the world concerning homosexuality. The list is arranged alphabetically by region. It should be noted that this list should not be assumed to represent a standard for measuring a nation's views, per se. Many nations which retained negative laws for a lengthy period of time, or even retain them today, may in practice be less oppressive of homosexuality than this suggests, with such laws simply being unenforced anachronisms. Similarly, a country which lacks formal laws against it may possess a culture which is openly hostile and may chose to persecute individuals by other means. No country in the world just crimilizes lesbianism or female-female sex, usually all homosexuality or just male homosexuality is still illegal in about 70 countries and/or even heterosexual sodomy (Sodomy is not just anal sex, it can also include oral sex, fornification or any sexual behavoiur that does not lead to procreation or birth of a child within marriage. The age of consent is equal - Unless it is noted below:

For greater depth in coverage see these related articles.

Contents

  • 1 Homosexuality laws
    • 1.1 Africa
    • 1.2 Asia
    • 1.3 Europe
    • 1.4 North America
    • 1.5 Oceania
    • 1.6 South America
  • 2 See also
  • 3 External links

Homosexuality laws

Country names marked "(☆)" feature special "Gay rights" articles about the country in question.

Africa

CountryLaws against homosexualityPenaltySame-sex UnionsLaws against discriminationAdoptionComments
☆AlgeriaYesFine - 3 years-NoNoSee Gay rights in Algeria.
☆AngolaYesLabour camps-NoNoPage 6 of [1] and Gay rights in Angola.
BeninYes3 years-NoNo 
BotswanaYesFine - 7 years-NoNo 
☆Burkina FasoNo--NoNoSee Gay rights in Burkina Faso.
BurundiNo--NoNo 
☆CameroonYesFine - 5 years-NoNoSee Gay rights in Cameroon.
☆Cape VerdeNo (Since 2004)--NoNoSee Gay rights in Cape Verde.
☆Central African RepublicNo--NoNoSee Gay rights in the Central African Republic.
☆ChadNo--NoNoSee Gay rights in Chad.
☆ComorosNo--NoNoSee Gay rights in Comoros.
☆Republic of the CongoNo--NoNoSee Gay rights in the Republic of the Congo.
☆Democratic Republic of the CongoNo--NoNoSee Gay rights in the Democratic Republic of the Congo.
Côte d'IvoireNo--NoNo-
☆DjiboutiYes10-12 years-NoNoSee Gay rights in Djibouti.
☆EgyptNo*-- NoNo*Although not illegal, Prostitution law used against gay males and commonly oppressed with vague morality laws. Page 13 of [2] and Gay rights in Egypt.
Equatorial GuineaNo--NoNo-
EritreaYes3-10 years-NoNo-
☆EthiopiaYes10days - 3years-NoNoSee Gay rights in Ethiopia.
☆GabonNo--NoNoSee Gay rights in Gabon.
GambiaYesFine - 14 years-NoNo-
☆GhanaYes?-NoNoSee Gay rights in Ghana.
GuineaYes6months - 3years-NoNo-
Guinea BissauYesLabour camps-NoNoPage 17 of [3]
☆KenyaMale onlyFine - 14 years-NoNoSee Gay rights in Kenya.
LesothoMale only?-NoNo-
LiberiaYesFine-NoNo-
LibyaYesFine - 5 years-NoNo-
MadagascarNo--NoNo-
MalawiYes? - 14 years-NoNo-
☆MaliNo--NoNoSee Gay rights in Mali.
MauritaniaYesDeath-NoNo-
MauritiusYesFine - 5 years-NoNo-
☆MoroccoYes6months - 3years-NoNoSee Gay rights in Morocco.
MozambiqueYesLabor camps-NoNoPage 25 of [4].
NamibiaNo--YesNoConstitutional protection for sexual orientation in Namibia since 2005 and laws against discrimination in the labor code since 1992.
☆NigerNo--NoNoSee Gay rights in Niger.
☆NigeriaYes*Fine/Death/14 years-NoNo*Areas under Sharia have instituted death for men and women. Any content, avocating groups or associations, support, talking to, marriage, etc regarding LGBT persons can land you in jail for at least four years [5]. See Gay rights in Nigeria.
RwandaNo*--NoNo*A pending Penal Code (In Article 158) re-crimilizes homosexuality. [6], [7].
São Tomé and PríncipeYesLabor camps-NoNoPage 34 of [8].
SenegalYes1month - 5years-NoNo-
SeychellesYesFine - 2 years-NoNo-
Sierra LeoneYesLife-Yes*No*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.
SomaliaYes*3months - Death/3 years-NoNo*Areas under Sharia have instituted death for men and women.
☆South AfricaNo, statutes still have age of consent higher at 19 (16 for heterosexuality), under review and yet to be repealed.-Same-sex marriageYesYesConstitutional protection for sexual orientation in South Africa since 1996 and the first country in Africa to legalize same-sex marriage. See Gay rights in South Africa
SudanYes5 years - Death-NoNo-
SwazilandMale only*US$90 - Prison-NoNo*Pending law, page 9 (Number 12), includes outlawing lesbian sex conduct. [9] and page 37 [10].
☆TanzaniaYesFine - 25years-NoNoIn 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. See Gay rights in Tanzania.
TogoYesFine - 3 years-NoNo-
☆TunisiaYesFine - 3 years-NoNoSee Gay rights in Tunisia.
UgandaMale onlyFine - Life-NoNoThe first country in the world to have a constitutional ban on same-sex marriage since 2004.
ZambiaMale onlyFine - 14 years-NoNo-
☆ZimbabweMale onlyFine - 1 year-NoNoIn July the Zimbabwe government passed the "sexual deviancy laws". [11], [12] and Gay rights in Zimbabwe.

Asia

CountryLaws against homosexualityPenaltySame-sex UnionsLaws against discriminationAdoptionComments
☆Afghanistan??-No?? - Unsure if homosexuality is a crime or not since the country is under extreme war, but the death penalty (imposed under the Taliban) is no longer used. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. [13] and Gay rights in Afghanistan.
☆BahrainMale onlyFine - 10 years-NoNoSee Gay rights in Bahrain.
BangladeshYes10 years - Life-NoNo-
BhutanYes*1 month - 1 year-NoNo*In 2004, the penal code of Bhutan, page 9 of [14]. However, there are no known cases of anyone having ever been charged with this petty misdemeanor. Little is known about gay life in Bhutan, as Bhutanese culture does not share the typical western view of heterosexuality and homosexuality. Some people have even called it an openly bisexual society, though this is disputed. [15].
BruneiYesFine - 10 years-NoNo-
☆CambodiaNo--NoNoFormer king Norodom Sihanouk has called for legalization of gay marriage. See Gay rights in Cambodia.
☆China (PRC)No--NoNoMarriage laws under-review. See [16] and Gay rights in China
☆Hong KongNo, statutes still have age of consent at 21 for male-male sex, yet to be repealed, but not enforceable.[citation needed]--Considered*No*AD under consideration. See Gay rights in China#Hong Kong.
☆IndiaYes*Fine - Life/10 years-NoNo*Law remains on books since 1860, but government does not prosecute, criminalizes "carnal intercourse against the order of nature with any man, woman, or animal". Section 377 is currently facing constitutional challenge in the Delhi High Court in a petition filed by Naz Foundation.[1] Homosexual marriages are de facto banned. See Gay rights in India.
IndonesiaNo*--NoNo*In 2002, the Aceh province was given the right to instate Islamic sharia by laws by the national parliament. Such law only applies to Muslims, and for example the city of Palembang in South Sumatra has introduced jail time and hefty fines, for homosexual sex [17] and in 2003, a proposal to nationally criminalize homosexuality failed.
☆IranYesPrison - Death-NoNoSex change operations have been given official government support as means to cure a gender identity disease. Law in Iran, in general, is not formally in order and is often abused by government officials. Executions for homosexuality continue, most recently teenagers Mahmoud Asgari and Ayaz Marhoni. See LGBT rights in Iran.
☆IraqNo*--NoNo*No provisions of the current Iraqi criminal code deal with homosexuality. The U.S. occupation restored the criminal code back to its original 1969 edition. Before 2003, the criminal code was amended in 2001 to include the death penalty for homosexuality. However currently, death squads are operating in the country killing gays. [18] and Gay rights in Iraq.
☆IsraelNo-Recognized same sex marriages performed abroadYes?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.
☆JapanNo--YesNoAD in Human Rights Act since 2001. See Gay rights in Japan.
☆JordanNo*--NoNo*While not a crime, reports have shown that LGBT people can be victims of vigilante "honor killings". See Gay rights in Jordan.
☆KazakhstanNo--NoNoSee Gay rights in Kazakhstan.
KuwaitYesFine - 7 years-NoNo-
KyrgyzstanNo--NoNo-
LaosNo--NoNoThe Penal Code: [19], [20].
☆LebanonYesFine - 1 year-NoNoA small public campaign exists to legalize homosexual relations between consenting adults in private. See Gay rights in Lebanon.
MacaoNo--NoNoSee Gay rights in China.
MalaysiaYesFine - 20 years-NoNoFormer 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.[21] However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation. [22].
MaldivesMale onlyFine - 10 years-NoNo-
MongoliaNo*--NoNo*"Satisfaction of sexual desire in unnatural

manner" in the Penal Code of 2002, and cannot be used for consensual homosexuality in private anymore. [23].

Myanmar/BurmaYes*10 years - Life-NoNo*One of the largest democracy activist organizations in exile has voted to decriminalize same-sex relations. See [24].
NepalYesFine (5,000 rupees, approximately US$115.00) - 1 year-NoNoThe Penal Code: [25].
☆North KoreaNo--NoNoNo public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See Gay rights in North Korea.
OmanYesFine - 3 years-NoNo-
☆PakistanYes*2 years - Life-NoNo*The law applies to both men and women [26] and Gay rights in Pakistan.
☆Palestinian Authority (Gaza)Male only*? - 10 years-NoNo*Male homosexuality is illegal in Gaza, by the Criminal Code Ordinance 1936 still in force. Some are arrested or tortured and LGBT Palestinians often attempt to flee to Israel as they are targeted for death in PA-controlled areas. [27], [28] and Gay Palestinian issues.
☆PhilippinesNo--Considered*No*AD in consideration and the Communist Party assist same-sex marriage. Same-sex marriages banned since 2003. See Gay rights in the Philippines and Homosexuality in the Philippines
QatarYesFine - 5 years-NoNo-
☆Saudi ArabiaYesDeath-NoNoJail time, fines or whipping may be used in lieu of the death penalty. See Gay rights in Saudi Arabia
☆SingaporeYes*2 years (Section 377A in Penal Code)-NoNo*Law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties [29]. A new Penal Code reduces to 2 years in "maintained" section 377A. Government officials have made calls to embrace diversity and to legalize anal and oral sex (For male homosexual sex). Former Prime Minister Goh Chok Tong stated that openly gay people can be employed in the civil workforce. See Gay rights in Singapore.
☆South KoreaNo--NoNoNo mention of homosexuality in Constitution or Civil Penal Code, although in practice widespread discrimination against gay people and censorship against gay websites is fairly common. Military Penal Code states up to a maximum of one year servitude or dishonorable discharge for homosexual acts performed while on active duty. See Gay rights in South Korea.
Sri LankaYesFine - 10 years-NoNo-
☆SyriaYesFine - 3 years-NoNoSee Gay rights in Syria.
☆TaiwanNo-ConsideredNoNoPending law allows civil unions or same-sex marriage. See Gay rights in Taiwan.
TajikistanNo--NoNo-
☆ThailandNo--NoNoFrom 2005, Thailand allows LGBT people to serve in the military [30] and Gay rights in Thailand.
Timor-LesteNo--NoNo-
TurkmenistanMale onlyFine - 2 years-NoNo-
☆TurkeyNo--NoNoSee Gay rights in Turkey.
☆United Arab EmiratesYesUnknown - Death-NoNoSee Gay rights in the United Arab Emirates.
UzbekistanMale only*Fine* - 3 years*-NoNo*"Besoqolbozlik" (Only applies to anal sex) [31], page 43 of [32].
VietnamNo--NoNoSame-sex marriages banned since 1998. Reports suggest that this ban extends to a prohibition on domestic partnerships and civil unions and/or having any sort of public commitment celebration.
West BankNo--NoNoSee Gay rights in Israel.
YemenYesFlogging - Death-NoNo-

Europe

CountryLaws against homosexualityMin. - Max. PenaltySame-sex UnionsLaws against discriminationAdoptionComments
☆AlbaniaNo--NoNoSee Gay rights in Albania.
☆AndorraNo-Stable unionsYes*No*AD since 2005 [33] and Gay rights in Andorra.
☆ArmeniaNo--NoNoSee Gay rights in Armenia.
☆AustriaNo-ConsideredYes?See Gay rights in Austria.
☆AzerbaijanNo--No?See Gay rights in Azerbaijan.
☆BelgiumNo-YesSame-sex marriageYesSee Gay rights in Belgium.
☆BelarusNo--NoNoSee Gay rights in Belarus.
☆Bosnia-HerzegovinaNo--YesNoAD in Gender Equality Act since 2003. See Gay rights in Bosnia and Herzegovina
☆BulgariaNo--YesNoGay rights in Bulgaria.
☆CroatiaNo-Unregistered cohabitationYes?See Gay rights in Croatia.
☆CyprusNo*, age of consent is 17 for all (Except for Woman/Boy sex is 13) age of consent Europe [34]--YesNo*Also still illegal in Northern Cyprus soon to be repealed by a new Criminal Code. See Gay rights in Cyprus.
☆Czech RepublicNo-Registered partnershipYes?See Gay rights in the Czech Republic.
☆DenmarkNo-Registered partnershipYes?First country to legally recognise same-sex partnerships of any kind in 1989. See Gay rights in Denmark.
☆EstoniaNo--YesNoSee Gay rights in Estonia.
☆Faroe IslandsNo-ConsideredYes*?*AD from 2006 [35] and Gay rights in the Faroe Islands.
☆FinlandNo-Registered partnershipYes?See Gay rights in Finland.
☆FranceNo-pacte civil de solidaritéYes?It should be noted that pacte civil de solidarité (French civil unions) is a common choice with all couples. See Gay rights in France.
☆GeorgiaNo--YesNoSee Gay rights in Georgia (country).
☆GermanyNo-Registered partnershipYesNoConstitutional protection for sexual orientation in some states of Germany. See Gay rights in Germany.
GibraltarNo, age of consent set at 18 for male-male sex, 16 for others from 1993 - Under review [36]-ConsideredYes?AD since 2004 [37].
☆GreeceNo, age of consent is 15 for all, but for male-male sex (For the partner over 18) is 17-ConsideredYesNoSee Gay rights in Greece.
Bailiwick of Guernsey - Including Alderney, Herm and SarkNo, age of consent set at 18 for male-male sex, 16 for other acts from 1999 and soon could change [38] [39] [40]-ConsideredConsidered*?*AD in consideration and a proposed law to legalise civil partnerships passed its first reading in the States of Deliberation in 2006 [41].
☆HungaryNo-Unregistered cohabitation (Registered partnership from July 2007)YesNoSame-sex marriage is considered. Registered partnership is available for all couples. See Gay rights in Hungary.
☆IcelandNo-Registered partnershipYes?See Gay rights in Iceland.
☆IrelandNo-ConsideredYes?See Gay rights in the Republic of Ireland.
☆Isle of ManNo-ConsideredYes?See Gay rights in the Isle of Man.
☆ItalyNo-Some regionsYes?Civil unions are recognized in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo. See Gay rights in Italy.
Bailiwick of JerseyNo-ConsideredConsideredNo
KosovoNo--Yes*No*AD in Kosovo since 2001. See Gay rights in Serbia.
☆LatviaNo--YesNoSame-sex marriages banned. See Gay rights in Latvia.
☆LiechtensteinNo-ConsideredConsidered?See Gay rights in Liechtenstein.
☆LithuaniaNo--YesNoSee Gay rights in Lithuania.
☆LuxembourgNo-Registered partnershipsYesNoSee Gay rights in Luxembourg.
☆MacedoniaNo--NoNoSee Gay rights in Macedonia.
☆MaltaNo--Yes?See Gay rights in Malta.
☆MoldovaNo--Considered?See Gay rights in Moldova.
☆MonacoNo-YesYes?See Gay rights in Monaco.
☆MontenegroNo--No?See Gay rights in Montenegro.
☆NetherlandsNo-Same-sex marriage and Registered partnershipsYesYesThe first country in the world to legalize same-sex marriage in 2001. See Gay rights in the Netherlands.
☆NorwayNo-Registered partnershipYes?See Gay rights in Norway.
☆PolandNo-Considered*YesNo*Civil unions considered. See Gay rights in Poland.
☆PortugalNo-Registered partnershipYes?Constitutional protection for sexual orientation in Portugal since 2004. See Gay rights in Portugal.
☆RomaniaNo--YesNoSee Gay rights in Romania.
☆RussiaNo--NoNoProposals (By NPRF) to recriminalize homosexuality failed four times in 2002, 2003, 2004 and 2005. See Gay rights in Russia.
☆San MarinoNo--No?See Gay rights in San Marino.
☆SerbiaNo--NoNoSee Gay rights in Serbia.
☆SlovakiaNo--YesNoSee Gay rights in Slovakia.
☆SloveniaNo-Registered partnershipYes?See Gay rights in Slovenia.
☆SpainNo-Same-sex marriageYesYesUnregistered and Registered Cohabitation in a number of regions. See Gay rights in Spain.
☆SwedenNo-Registered partnershipYesYesConstitutional protection for sexual orientation in Sweden since 2003 and partnerships have the same rights as heterosexual marriage including adoption, but are legally distinct from marriage. See Gay rights in Sweden.
☆SwitzerlandNo-Registered partnershipNoNoConstitutional protection for sexual orientation in Switzerland since 2000 based on "way of life". See Gay rights in Switzerland.
☆UkraineNo--NoNoSee Gay rights in Ukraine.
☆United KingdomNo-Civil partnershipYesYes**England and Wales since 2005, Scotland since 2006. See Gay rights in the United Kingdom.
☆Vatican CityNo*--NoNo*Homosexuality is technically legal, but contrary to the teachings of the ruling Roman Catholic Church. See Gay rights in the Vatican City.

North America

CountryLaws against homosexualityMin - Max PenaltySame-sex UnionsLaws against discriminationAdoptionComments
Antigua and BarbudaYes15 years-No-British laws are not applied to A & B, and therefore the Sexual Offenses Act 1995 criminalizing homosexual acts, is enforceable.[42].
☆ArubaNo-Seen as valid but not recognizedYes-The Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognize civil unions and same-sex marriage as valid. However, the Aruban Government says it won't recognize them. A judge ruled in favor of the Dutch Government, case is now pending in higher court. See Gay rights in Aruba
☆BahamasNo, same-gender sex "in Public" is a 20 year jail sentence and the age of consent "in private" for homosexual sex is 18, 16 for heterosexual sex [43]--No-See Gay rights in the Bahamas.
BarbadosYesLife-No-Laws currently under review - technically still illegal, but not enforced [44].
BelizeYes*10 years-No-*Homosexuality re-criminalized from 2003. See[45] and also under section 26 ii (d) of the immigration act 1958, "Any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior." is outlawed from incoming to Belize. See[46].
BermudaNo, age of consent set at 18 for male-male sex, 16 for others from 1994 [47] - Under review.-ConsideredConsidered*-*AD in consideration [48].
☆CanadaNo, the age of consent (The "age of protection" as it is called in Canada) 18 for anal sex, 14 for all non-anal sex, regardless of sexuality of the participants, from