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 legal recognition of same-sex marriage to the death penalty as punishment for homosexual conduct.

In addition to laws against same-sex relationships, many countries have laws geared towards a homosexual orientation, everything from passing anti-discrimination laws to barring those with a homosexual orientation from adoption.

Contents 1 History of homosexuality laws 2 Homosexuality laws 2.1 Africa 2.2 Asia 2.3 Europe 2.4 North America 2.5 Oceania 2.6 South America 3 See also 4 References 5 External links

[edit] History of homosexuality laws

The examples and perspective in this article or section may not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

The first recorded Abrahamic laws supposedly 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 to be much older), and they prescribe the death penalty. At the time same-sex relations were incorporated into many pagan religions.

Some people therefore believe that the ultimate origin of punitive laws targeting homosexual relations lies with Abrahamic religions. But also see similar patterns across Indo-European cultures in Lex Scantinia in Ancient Rome and nith in protohistoric Germanic culture, or the Middle Assyrian Law Codes dating 1075 BCE^[1].

This pattern continued throughout history with punitive laws arising from traditional interpretations of Judaism, Christianity, and Islam. With the advent of colonialism this attitude spread along with political control by the imperial powers of the nations with Abrahamic state religion; however, the fact that homosexuals were legally persecuted in communist China (a country which neither adopted an Abrahamic religion nor was colonized) and that homosexuality in the People's Republic was not decriminalized until 1997^[2] calls the universal application of this theory into at least some question. Often an Abrahamic religion is the primary factor when accounting for a law against homosexuality and the major supporter.

[edit] Homosexuality laws

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This is a list of laws around the world concerning homosexuality, and is arranged alphabetically by region. It should be noted that the list should not be assumed to represent a standard for measuring a nation's views, per se. Nations which have retained negative laws may, in practice, be less oppressive than the laws suggest, as the laws are not enforced. Similarly, a country which lacks laws against homosexual behaviour may possess a culture which is openly hostile and thus persecutes individuals by other means. No country has criminalised solely female-female sex; nations either criminalise all forms of homosexual behaviour or just male homosexuality. Homosexual behaviour remains illegal in over 80 countries, including some which even ban heterosexual sodomy. (Note: the understanding of sodomy can include anal sex, oral sex, fornication (i.e. sex outside of marriage) or even any sexual behaviour that does not lead to procreation within marriage. In tables below the age of consent for same sex relationships is the same as for heterosexuals, unless it is otherwise noted.

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

[edit] Africa
Country	Laws against homosexuality	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
☆Algeria	Yes	Fine - 3 years	-	No	No	See LGBT rights in Algeria.
☆Angola	Yes	Labour camps	-	No	No	Page 6 of [2] and LGBT rights in Angola.
Benin	Yes	3 years	-	No	No
Botswana	Yes	Fine - years	-	No	No
☆Burkina Faso	No	-	-	No	No	See LGBT rights in Burkina Faso.
Burundi	No	-	-	No	No
☆Cameroon	Yes	Fine - 5 years	-	No	No	See LGBT rights in Cameroon.
☆Cape Verde	No	-	-	No	No	See LGBT rights in Cape Verde.
☆Central African Republic	No	-	-	No	No	See LGBT rights in the Central African Republic.
☆Chad	No	-	-	No	No	See LGBT rights in Chad.
☆Comoros	Yes	Fine - 5 years	-	No	No	See LGBT rights in Comoros.
☆Republic of the Congo	No	-	-	No	No	See LGBT rights in the Republic of the Congo.
☆Democratic Republic of the Congo	No	-	No	No	No	See LGBT rights in the Democratic Republic of the Congo.
Côte d'Ivoire	No	-	-	No	No	-
☆Djibouti	Yes	10 - 12 years	-	No	No	See LGBT rights in Djibouti.
☆Egypt	No*	-	No			[3] and LGBT rights in Egypt
Equatorial Guinea	No	-	-	No	No	-
Eritrea	Yes	3 - 10 years	-	No	No	-
☆Ethiopia	Yes	10 days - 3 years	-	No	No	See LGBT rights in Ethiopia.
☆Gabon	No	-	-	No	No	See LGBT rights in Gabon.
Gambia	Yes	Fine - 14 years	-	No	No	-
☆Ghana	Yes	?	-	No	No	See LGBT rights in Ghana.
Guinea	Yes	6 months - 3 years	-	No	No	-
Guinea Bissau	Yes	Labour camps	-	No	No	Page 17 of [4]
☆Kenya	Male only	Fine - 14 years	-	No	No	See LGBT rights in Kenya.
Lesotho	Male only	?	-	No	No	-
Liberia	Yes	Fine	-	No	No	-
Libya	Yes	Fine - 5 years	-	No	No	-
Madagascar	No	-	-	No	No	-
Malawi	Yes	? - 14 years	-	No	No	-
☆Mali	No	-	-	No	No	See LGBT rights in Mali.
Mauritania	Yes	Death	-	No	No	-
Mauritius	Yes	5 years	-	No	No	Illegal under article 250 of the Penal Code. There is a bill to repeale article 250 (The Sexual Offences Bill 2007).
☆Morocco	Yes	6 months - 3 years	-	No	No	See LGBT rights in Morocco.
Mozambique	Yes	Labour camps	-	Yes* (since 2007)	No	*AD in new Labour Code 2007. Page 25 of [5].
Namibia	No	-	-	No	No	Constitutional protection for sexual orientation in Namibia since 2005. Labour Code of 1992 which ban sexual orientation discrimination was replaced by The Unimplemented Labor Act 2004, which did not specifically enumerate homosexuals as a group protected from employment discrimination, and such discrimination occurred.
☆Niger	No	-	-	No	No	See LGBT rights in Niger.
☆Nigeria	Yes*	5 - 14 years/Death	-	No	No	*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 [6]. See LGBT rights in Nigeria.
Rwanda	No	-	-	No	No	[7], [8].
São Tomé and Príncipe	Yes	Labour camps	-	No	No	Page 34 of [9].
Senegal	Yes	1 month - 5 years	-	No	No	-
Seychelles	Yes	Fine - 2 years	-	No	No	-
Sierra Leone	Yes	Life	-	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.
Somalia	Yes*	Death	-	No	No	*Areas under Sharia have instituted death for men and women.
☆South Africa	No	-	Same-sex marriage	Yes	Yes	Constitutional protection for sexual orientation in South Africa since 1996 and the first country in Africa to legalise same-sex marriage. See LGBT rights in South Africa
Sudan	Yes	5 years - Death	-	No	No	-
Swaziland	Male only*	Fine US$90 - Prison	-	No	No	*Pending law, page 9 (Number 12), includes outlawing lesbian sex conduct. [10] and page 37 [11].
☆Tanzania	Yes	30 years - Life	-	No	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. See LGBT rights in Tanzania.
Togo	Yes	Fine - 3 years	-	No	No	-
☆Tunisia	Yes	Fine - 3 years	-	No	No	See LGBT rights in Tunisia.
Uganda	Male only	Fine - Life	-	No	No	The first country in the world to have a constitutional ban on same-sex marriage (since 2004).[3]
Zambia	Male only	Fine - 15 years	-	No	No	-
☆Zimbabwe	Male only	Fine - 1 year	-	No	No	In July the Zimbabwe government passed the "sexual deviancy laws". [12], [13] and LGBT rights in Zimbabwe.
[edit] Asia
Country	Laws against homosexuality	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
☆Afghanistan	?	?	No	No	?	? - Unsure if homosexuality is a crime or not since the country is undergoing a period of relative chaos due to the continuing battles between NATO forces and the resurgent Taliban, but the death penalty (imposed under the Taliban) is no longer enforced. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. [14] and LGBT rights in Afghanistan.
☆Armenia	No	-	-	No	No	See LGBT rights in Armenia.
☆Bahrain	Male only	Fine - 10 years	-	No	No	See LGBT rights in Bahrain.
Bangladesh	Yes	Life prison - death	-	No	No	- LGBT rights in Bangladesh.
Bhutan	Yes*	1 month - 1 year	-	No	No	*In 2004, the penal code of Bhutan, page 9 of [15]. 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 a bisexual society, though this is disputed. [16].
Brunei	Yes	Fine - 10 years	-	No	No	-
☆Cambodia	No	-	-	No	No	Former king Norodom Sihanouk has called for legalisation of gay marriage. See LGBT rights in Cambodia.
☆China (PRC)	No	-	-	No	No	Marriage laws under-review. See [17] and LGBT rights in China
☆Hong Kong	No	-	-	Considered*	No	*AD under consideration. See LGBT rights in China#Hong Kong.
☆India	Yes*	Fine -/10 years	-	No	No	*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 at the Delhi High Court in a petition filed by Naz Foundation.[4] Homosexual marriages are de facto banned. See LGBT rights in India. [18].
Indonesia	No*	-	-	No	No	*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 Southern Sumatra has introduced jail and hefty fines, for homosexual sex [19] and in 2003, a proposal to nationally criminalize homosexuality failed. See LGBT rights in Indonesia.
☆Iran	Yes	For men:Prison	-	No	No	Sex change operations have been given official government support as means to cure a gender identity disease. Law in Iran, in general, is not formally in order and is often abused by government officials. There have not been official executions for homosexuality in many years, although some claim that teenagers Mahmoud Asgari and Ayaz Marhoni were executed for consensual homosexual sex and not for rape. See LGBT rights in Iran.
☆Iraq	No*	-	-	No	No	*No provisions of the current Iraqi criminal code deal with homosexuality. The U.S. occupation restored the criminal code back to its original 1969 edition. Before 2003, the criminal code was amended in 2001 to include the death penalty for homosexuality. However, currently, death squads are operating in the country killing gays. [20] and LGBT rights in Iraq.
☆Israel	No	-	Unregistered cohabition, Recognition of same-sex marriages performed abroad	Yes	Yes[5]	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 LGBT rights in Israel.
☆Japan	No, but a higher age of consent in some prefectures	-	-	Yes	No	Anti-discrimination law in Human Rights Act bill (2001) was failed in 2002. Similar proposal failed in 2005. See LGBT rights in Japan.
☆Jordan	No*	-	-	No	No	*While not a crime, reports have shown that LGBT people can be victims of vigilante "honour killings". See LGBT rights in Jordan.
☆Kazakhstan	No	-	-	No	No	See LGBT rights in Kazakhstan.
Kuwait	No	-	-	No	No	-
Kyrgyzstan	No	-	-	No	No	-
Laos	No	-	-	No	No	The Penal Code: [21], [22].
☆Lebanon	Yes	-	-	No	No	A small public growing campaign exists to legalize homosexual relations between consenting adults in private, though it is often viewed unfavorably. Honor killings are present among the population. See LGBT rights in Lebanon.
Macau	No	-	-	No	No	See LGBT rights in China.
Malaysia	Yes	Fine - 20 years	-	No	No	Former Deputy Prime Minister Anwar Ibrahim, who was himself jailed for homosexuality, has called for their repeal. Marina Mahathir, the daughter of former Prime Minister Mahathir Mohamad, has called for an end to discrimination based on sexual orientation.[23] However, during Mahathir's term as Prime Minister, he warned gay ministers in foreign countries not to bring along their partners while visiting the nation. [24]. See LGBT rights in Malaysia.
Maldives	Male only	Fine - 10 years	-	No	No	-
Mongolia	No*	-	-	No	No	*The provision outlawing "Satisfaction of sexual desire in unnatural manner" in the previous Penal Code was repealed in 2002, and cannot be used for consensual homosexuality in private anymore. [25].
Myanmar/Burma	Yes*	10 years - Life	-	No	No	*One of the largest democracy activist organisations in exile has voted to decriminalise same-sex relations. See [26].
Nepal	No	-	-	No	No	The Penal Code of Nepal was struck down by Supreme Court on 21 December 2007 [27].
☆North Korea	No	-	-	No	No	No public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See LGBT rights in North Korea.
Oman	Yes	Fine - 3 years	-	No	No	-
☆Pakistan	Yes*	2 years - Life	-	No	No	*The law applies to both men and women [28] and LGBT rights in Pakistan.
☆Palestinian Authority (Gaza)	Male only*	? - 10 years	-	No	No	*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. [29], [30] and LGBT Palestinian issues.
☆Philippines	No	-	No	Considered*	No	*AD in consideration and the Communist Party assist same-sex marriage. Same-sex marriages banned since 2003, yet there is a large support for repeal. See LGBT rights in the Philippines and Homosexuality in the Philippines
Qatar	Yes	Fine - 5 years	-	No	No	-
☆Saudi Arabia	Yes	Death	-	No	No	Jail time, fines or whipping may be used in lieu of the death penalty. See LGBT rights in Saudi Arabia
☆Singapore	Yes*	2 years*	-	No	No	*Section 377A of the Penal Code, makes sex between males a punishment for up to 2 years jail - The law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties [31]. Government officials have made calls to embrace diversity and to legalize anal and oral sex or 'Gross indencency' between males [32]. Former Prime Minister Goh Chok Tong stated that openly gay people can be employed in the civil workforce. See LGBT rights in Singapore.
☆South Korea	No	No	No	No*	No	No 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.*Repeal of discrimination-banning proviso in 2007 See LGBT rights in South Korea.
Sri Lanka	Yes	Fine - 10 years	-	No	No	-
☆Syria	Yes	Fine, though it is rarely enforced	-	No	No	See LGBT rights in Syria.
☆Taiwan (ROC)	No	-	Considered	Yes	No	Pending law allows civil unions or same-sex marriage. See LGBT rights in Taiwan.
Tajikistan	No	-	-	No	No	-
☆Thailand	No	-	-	No	No	From 2005, Thailand allows LGBT people to serve in the military [33] and LGBT rights in Thailand.
Timor-Leste	No	-	-	No	No	-
Turkmenistan	Male only	Fine - 2 years	-	No	No	-
☆United Arab Emirates	Yes	Unknown - Death	-	No	No	See LGBT rights in United Arab Emirates.
Uzbekistan	Male only*	Fine* - 3 years*	-	No	No	*"Besoqolbozlik" (Only applies to anal sex) [34], page 43 of [35].
Vietnam	No	-	-	No	No	Same-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 Bank	No	-	-	No	No	See LGBT rights in Israel.
Yemen	Yes	Flogging - Death	-	No	No	-
[edit] Europe Note: membership of the European Union not only requires repeal of anti-homosexuality legislation, the Treaty of Amsterdam requires anti-discrimination legislation to be enacted by its member states.[6]
Country	Laws against homosexuality	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
☆Albania	No	-	-	Considered	No	See LGBT rights in Albania.
☆Andorra	No	-	Stable unions	Yes*	Yes	*AD since 2005 [36] and LGBT rights in Andorra.
☆Austria	No	-	Unregistered cohabitation	Yes	No	Unregistered cohabitation since 2003; Registered Partnerships Bill getting indroduced in September 2008. See LGBT rights in Austria.
☆Azerbaijan	No	-	-	No	No	See LGBT rights in Azerbaijan.
☆Belgium	No	-	Same-sex marriage	Yes	Yes	See LGBT rights in Belgium.
☆Belarus	No	-	-	No	No	LGBT people can be subjected to discrimination by the people and the government. See LGBT rights in Belarus.
☆Bosnia-Herzegovina	No	-	-	Yes	No	AD in Gender Equality Act since 2003. See LGBT rights in Bosnia and Herzegovina
☆Bulgaria	No	-	-	Yes	No	LGBT rights in Bulgaria.
☆Croatia	No	-	Unregistered cohabitation	Yes	No	See LGBT rights in Croatia.
☆Cyprus	No*	-	-	Yes	No	*Illegal in Northern Cyprus until 1 January 2009, by a new Criminal Code repealing the ban (See below). See LGBT rights in Cyprus.
☆Czech Republic	No	-	Registered partnership	Yes	No	See LGBT rights in the Czech Republic.
☆Denmark	No	-	Registered partnership	Yes	No	First country to legally recognise same-sex partnerships of any kind in 1989. See LGBT rights in Denmark.
☆Estonia	No	-	*Considered	Yes	No	AD from 2008 and considering relationship registories under the Relationships Bill. See LGBT rights in Estonia.
☆Faroe Islands	No	-	Considered	Yes*	No	*AD from 2006 [37] and LGBT rights in the Faroe Islands.
☆Finland	No	-	Registered partnership	Yes	No	See LGBT rights in Finland.
☆France	No	-	pacte civil de solidarité	Yes	No	It should be noted that pacte civil de solidarité (French civil unions) is a common choice with all couples. See LGBT rights in France.
☆Georgia	No	-	-	Yes	No	See LGBT rights in Georgia (country).
☆Germany	No	-	Registered partnership	Yes	No	Constitutional protection for sexual orientation in some states of Germany. See LGBT rights in Germany.
☆Gibraltar	No, age of consent 18 just for male-male sex and 16 for others from 1993; Soon could be equalized [38]	-	Considered	Yes	No	AD since 2004 [39]. See LGBT rights in Gibraltar
☆Greece	No, age of consent is 15 for all, but just for male-male sex (For the partner over 18) is 17	-	Considered	Yes	No	Defacto opposite-sex couples can register their relationship, but de facto same-sex couples can not, but the Government is considering to incude same-sex couples on a register. See LGBT rights in Greece.
Bailiwick of Guernsey - Including Alderney, Herm and Sark	No, age of consent 18 for male-male and 16 for other acts from 1999; Soon could be equalized [40]	-	Considered	Considered*	No	*AD in consideration and a proposed law to legalise civil partnerships passed its first reading in the States of Deliberation in 2006 [41].
☆Hungary	No	-	Unregistered cohabitation; registered partnership from 01/01/2009 [42]	Yes	No	registered partnership law will be effective on 01/01/2009 [43]. See LGBT rights in Hungary.
☆Iceland	No	-	Registered partnership	Yes	Yes	See LGBT rights in Iceland.
☆ Ireland	No	-	*Considered	Yes	No	*The Civil Partnerships Bill 2008 has been recently drafted up and will be introduced in October 2008. See LGBT rights in the Republic of Ireland.
☆Isle of Man	No	-	Yes (recognised only)	Yes (since 2005)	No*	*The Adoption (Same-Sex Couples) Bill 2008 will be introduced again to the House of Keys in November 2008. See LGBT rights in the Isle of Man.
☆Italy	No	-	Some regions (only symbolic)	Yes (since 2003)	No	Civil unions are recognized in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia, Lazio, Liguria and Abruzzo. See LGBT rights in Italy.
☆Bailiwick of Jersey	No	-	Considered	Yes	Yes [44]	Civil partnerships, AD laws and Adoption provided Civil partnerships in Jersey.
☆Kosovo	No	-	-	Yes*	No	*AD in Kosovo since 2001 and in Draft Constitution (effective from April 2008). See LGBT rights in Kosovo.
☆Latvia	No	-	-	Yes	No	Same-sex marriages banned. See LGBT rights in Latvia.
☆Liechtenstein	No	-	Considered	Considered	Considered	Registered partnerships, AD laws and Adoption are under consideration; See LGBT rights in Liechtenstein.
☆Lithuania	No	-	-	Yes	No	See LGBT rights in Lithuania.
☆Luxembourg	No	-	Registered partnerships	Yes	No	See LGBT rights in Luxembourg.
☆Macedonia	No	-	-	Yes (since 2005)	No	See LGBT rights in Macedonia.
☆Malta	No	-	-	Yes	No	See LGBT rights in Malta.
☆Moldova	No	-	-	Considered	No	See LGBT rights in Moldova.
☆Monaco	No	-	No	No	No	See LGBT rights in Monaco.
☆Montenegro	No	-	-	No	No	See LGBT rights in Montenegro.
☆Netherlands	No	-	Same-sex marriage and Registered partnerships	Yes	Yes	The first country in the world to legalize same-sex marriage in 2001. See LGBT rights in the Netherlands.
☆Norway	No	-	Same-sex marriage and Registered partnership	Yes	Yes	From 1 January 2009, marriage, joint adoption (already providing step-child adoption), surrogacy and IVF for lesbians will be provided. See LGBT rights in Norway.
☆Poland	No	-	-	Yes	No	See LGBT rights in Poland.
☆Portugal	No	-	Registered partnership	Yes	No	Constitutional protection for sexual orientation in Portugal since 2004. See LGBT rights in Portugal.
☆Romania	No	-	-	Yes	No	See LGBT rights in Romania.
☆Russia	No	-	-	Yes*	No	*Anti-Discrimination based on sexual orientation from a court ruling in 2005. See LGBT rights in Russia.
☆San Marino	No	-	-	No	No	See LGBT rights in San Marino.
☆Serbia	No	-	-	Yes*	No	*Serbia ban discrimination based on sexual orientation in Radio Emitters Law since 2002. See LGBT rights in Serbia.
☆Slovakia	No	-	-	Yes	No	See LGBT rights in Slovakia.
☆Slovenia	No	-	Registered partnership	Yes	No	See LGBT rights in Slovenia.
☆Spain	No	-	Same-sex marriage	Yes	Yes	Unregistered and Registered Cohabitation in a number of regions. See LGBT rights in Spain.
☆Sweden	No	-	Registered partnership	Yes	Yes	Constitutional 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 LGBT rights in Sweden.
☆Switzerland	No	-	Registered partnership	Yes	No	Constitutional protection for sexual orientation in Switzerland since 2000 based on "way of life" and registered partnerships provided since 1 January 2007. See LGBT rights in Switzerland.
☆Turkey	No	-	-	No	No	See LGBT rights in Turkey.
☆Turkish Republic of Northern Cyprus (not recognised internationally)	No* [45]	Fine/10-14 years	No	No	No	*The sodomy law will be "repealed" by a new Criminal Code, effective from 1 January 2009. See LGBT rights in Cyprus.
☆Ukraine	No	-	No	Considered	No	See LGBT rights in Ukraine.
☆United Kingdom	No	-	Civil partnership	Yes	Yes*	*England, Wales and Northern Ireland since 2005, Scotland since 2006; See LGBT rights in the United Kingdom.
☆Vatican City	No*	-	No	Yes**	No	*Homosexuality is technically legal, but its acting out is contrary to the teachings of the Roman Catholic Church. See LGBT rights in the Vatican City
[edit] North America
Country	Laws against homosexuality	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
Anguilla	No	-	No	-	-	Anguilla is a British Overseas Territory. Homosexual behaviour between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000.
Antigua and Barbuda	Yes	15 years	-	No	-	The Sexual Offenses Act 1995 make homosexual acts illegal.[46].
☆Aruba	No	-	Cannot be performed, but is recognised	Yes	Yes	The Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognise civil unions and same-sex marriage as valid. However, Aruba cannot perform SSM's, but has to be recognised by order of the Supreme Court in 2007 [47] LGBT rights in Aruba
☆Bahamas	No, 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 [48]	-	-	No	-	See LGBT rights in the Bahamas.
Barbados	Yes	Life	-	No	-	Laws currently under review - still illegal, but not enforced [49].
Belize	Yes*	10 years	-	No	-	*Homosexuality re-criminalised from 2003. See[50] 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 acts." is outlawed from incoming to Belize. See[51].
Bermuda	No, age of consent 18 just for male-male sex, 16 for others from 1994 [52]	-	Considered	Considered*	-	Bermuda is a British Overseas Territory. *AD in consideration [53].
British Virgin Islands	No	-	No	Yes; discrimination on grounds of sexuality is prohibited under the 2007 Constitution	-	British Virgin Islands is a British Overseas Territory. Homosexual behaviour between two consenting adults in private was legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Canada	No, see anal sex in section 159 in the Criminal Code. However, the higher age of consent for anal sex has been recognised as unconstitutional by both the Ontario Court of Appeal in Re Carmen M and the Quebec Court of Appeal in R v. Roy.] [54]	-	Same-sex marriage	Yes	Yes	Anti-discriminatory laws provided by constitution and Egan v. Canada; in all provincial/territorial civil rights codes since Vriend v. Alberta. Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. See LGBT rights in Canada.
Cayman Islands	No	-	No	Yes	-	Cayman Islands is a British Dependent Territory. Homosexuality between two consenting adults in private was legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Costa Rica	No	-	Considered	Yes*	-	*Anti-discrimination law since 1998. See [55]; Same-sex marriages and 'scandalous sodomy' is banned. See LGBT rights in Costa Rica
☆Cuba	No	-	Considered*	No	-	*Civil unions or partnerships may be considered; see LGBT rights in Cuba.
Dominica	Yes	10 years	-	No	-	From 1995 to 2000, 35 persons were arrested for the crime of buggery [56].
Dominican Republic	No	-	-	No	-	-
El Salvador	No	-	No	No	No	There is much discrimination within society, making it uncomfortable for people to come out
Greenland	No	-	Yes	Yes	-	See Civil Union.
Grenada	Male only	10 years	-	No	-	.
☆Guadeloupe	No	-	Pacte civil de solidarité	Yes	-	Guadeloupe is a Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France.
Guatemala	No	-	-	No	-	AD in Youth and Childhood Act since 1997.
☆Haiti	No	-	-	No	-	See LGBT rights in Haiti.
☆Honduras	No	-	-	No	-	Same-sex marriages and adoption banned in the Constitution since 2005. See LGBT rights in Honduras.
☆Jamaica	Male only	10 years hard labour	-	No	-	Jamaica has been quoted as the worst place in all of the Americas for LGBT people. See LGBT rights in Jamaica.
☆Martinique	No	-	Pacte civil de solidarité.	Yes	-	Martinique is a Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France.
☆Mexico	No	-	Civil unions (Mexico City and Coahuila)	Yes*	-	*Mexican Congress reformed the Constitution in 2001, to forbid discrimination of any kind; in 2003, this change produced the Federal Law to Prevent Discrimination that forbids discrimination by sexual orientation. Civil unions (Mexico City and Coahuila). See LGBT rights in Mexico.
Montserrat	No	-	No	-	-	Montserrat is a British Overseas Territory. Homosexual behaviour between two consenting adults in private was legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆Netherlands Antilles	No	-	Can not be performed, only recognised	Yes	Yes	As part of the Kingdom of the Netherlands, civil unions and same-sex marriage are fully recognised as valid; however, they cannot be performed in the Netherlands Antilles themselves. See LGBT rights in the Netherlands.
☆Nicaragua	No	-	-	Yes	-	A new Penal Code legalised homosexuality and banned discrimination on the basis of sexual orientation. See LGBT rights in Nicaragua.
☆Panama	No	-	-	*Considering	-	A new Penal Code legalised homosexuality. *Considering outlawing discrimination on the basis of both sexual orientation and gender identity. LGBT people are banned from the military and police services only. See LGBT rights in Panama.
☆Puerto Rico	No	-	-	No	-	*Civil unions considered and debated. Discrimination on the basis of sexual orientation is illegal (just for employment). Puerto Rico is a devoutly Christian island, and homosexuality is not thought to be practised openly. See LGBT rights in Puerto Rico.
Saint Kitts and Nevis	Male only	10 years	-	No	-	-
Saint Lucia	Male only	Fine-10 years	-	No	-	-
Saint Vincent and the Grenadines	Yes	Fine-10 years	-	No	-	-
☆Trinidad and Tobago	Yes*	25 years	No	No	No	*Applies to both men and women. Also under Article 8 (18/1) of the Immigration Act, homosexual men and women are not allowed to enter the country. [57] and LGBT rights in Trinidad and Tobago.
Turks and Caicos Islands	No	-	No	-	-	Turks and Caicos Islands is a British Overseas Territory. Homosexuality between two consenting adults in private was legalised under the Caribbean Territories (Criminal Law) Order, 2000.
☆United States	No	-	Civil Unions: Vermont, Connecticut, New Jersey and New Hampshire. Domestic partnerships: California, Maine, Oregon, Washington, District of Columbia and Hawaii. Same-sex marriage performed and/or recognised: in Massachusetts and California, and only recognized in New York, New Mexico and Rhode Island.	In 20 states* and 100 County, City or Council areas	All states except for Florida.[7]	*13 states cover sexual orientation and gender identity, 7 only cover sexual orientation and 30 do not cover either. LGBT rights in the United States
[edit] Oceania
Country	Laws against homosexual behaviour	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
American Samoa	No	-	-	No	No	[58].
☆Australia (includes Norfolk Island)	No	-	Civil Partnerships: Australian Capital Territory; Registered partnerships: Yarra, Melbourne and Sydney, Tasmania and Victoria (effective 1/12/2008); Unregistered co-habitation: Commonwealth, Northern Territory, Norfolk Island, South Australia, Queensland, Western Australia and New South Wales	Yes, all jurisdictions	In TAS and VIC you can adopt the biological child only; In ACT and WA joint adoption is available; SA, NT, NSW, QLD, NI adoption policies are banned and under review (no review for QLD)	Queensland is considering "registered relationships" [59] and 100 Commonwealth laws will be amended to include same-gender couples from mid-2009. Same-sex marriage is banned under Commonwealth law since 13 August 2004. See Recognition of same-sex relationships in Australia and LGBT rights in Australia.
☆Cook Islands	Male only*	Fine - 14 years	No	No	No	*Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
☆Fiji	No	-	-	-	-	Constitution outlaws discrimination against sexual orientation. See LGBT rights in Fiji.
Guam	No	-	-	Yes*	Yes	Guam is a US Territory which legalized sodomy in 1979. Guam has an anti-discrimination policies since 1999, some defacto relationship rights have been available since 2002 and adoption is available since 2006. However, the fundamentalist Catholic, Mormon and Christian churches have created an repressive atmosphere for gay people here resulting in most gay people being more or less in the closet, which makes it difficult to pull the community together and to come out of the closet, and live an open life.
Kiribati	Male only	Fine-14 years	-	No	No	See section 467A of the Criminal Code.
Marshall Islands	No	-	-	No	No	See Criminal Code [60].
Micronesia	No	-	-	-	No	-
Nauru	Male only	14 years hard labour	-	-	No	Legislation indexed in written laws of the former criminal code of Queensland (When Nauru became independent from Australia, Queensland in 1962).
☆New Caledonia	No	-	-	Considered. See Pacte civil de solidarité.	Considered	See LGBT rights in France.
☆New Zealand	No	-	Civil unions	Yes	Yes	See LGBT rights in New Zealand.
☆Niue	Male only*	Fine-10 years	-	No	No	*Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
Palau	Male only	Fine-10 years	-	No	No	- Illegal as a hold over from US Military Laws when Palau was a US Territory and Christian Missionary influence.
Papua New Guinea	Male only	Fine-14 years	-	No	No	-
☆Pitcairn Island	No	-	Yes	Yes	No	Pitcairn Island is under British law. See LGBT rights in the United Kingdom.
Samoa	Yes	Fine-7 years [61]	-	No	No	[62].
Solomon Islands	Yes	Fine-14 years	-	No	No	-
☆Tahiti / French Polynesia	No	-	-	No	No	See LGBT rights in France.
☆Tokelau	Male only*	Fine-10 years	-	No	No	*Illegal, despite being part of New Zealand. See LGBT rights in New Zealand.
Tonga	Male only	-	No	No	-	-
Tuvalu	Male only	Fine-14 years	-	No	No	-
Vanuatu	No, age of consent is 18 for same-sex activity, while it is 15 for opposite-sex activity [63]	-	-	No	No	-
[edit] South America
Country	Laws against homosexual behaviour	Penalty	Same-sex Unions	Laws against discrimination	Adoption	Comments
☆Argentina	No	-	Civil unions in Buenos Aires City, Rio Negro Province and Villa Carlos Paz city in the province of cordoba.	Yes	No	There are no national anti-discriminatory laws, however, the cities of Buenos Aires and Rosario have specific laws protecting LGBT people against discrimination. Debating Same sex marriage. See LGBT rights in Argentina.
Bolivia	No	-	-	No	No	-
☆Brazil	No	-	Civil unions in Rio Grande do Sul.	Yes*	Yes[8]	*Constitutional protection for sexual orientation in some states of Brazil. See LGBT rights in Brazil.
☆Chile	No, age of consent 18 for same-sex sexual activity, 14 for opposite-sex sexual activity.	-	Considered*	Considered*	No	*AD and civil unions in considered. See LGBT rights in Chile.
☆Colombia	No	-	Civil unions. Same sex couples have the same rights as heterosexual couples	Yes	No	*AD considered. See LGBT rights in Colombia.
☆Ecuador	No	-	No	Yes	No	See LGBT rights in Ecuador.
☆Falkland Islands	No	-	Civil partnership	Yes	Yes	Falkland Islands comes under British law. See LGBT rights in the United Kingdom.
☆French Guiana	No	-	Yes Pacte civil de solidarité.	Yes	No	French Law applies. See LGBT rights in France.
☆Guyana	Male only	Life (The only country in South America to be still illegal)	-	Considered*	No	*Sexual Orientation protection was about to be amended into the constitution of Guyana, then the "council of churches" stopped and blocked this reform from happening in 2003 [64].
Paraguay	No	-	No	No	No
Peru	No	-	-	Yes	No	-
☆Suriname	No, age of consent 18 for same-sex activity, 16 for opposite-sex activity - Section 302 is rarely enforced [65]	-	No	No	No	See LGBT rights in Suriname.
☆Uruguay	No	-	Civil unions	Yes	Currently being discussed by parliament.	Civil union for all couples, after 5 years together. See LGBT rights in Uruguay.
☆Venezuela	No	-	No	Yes	No	The 1999 Organic labour Law provides protection for LGBT people. See LGBT rights in Venezuela.

[edit] See also

[edit] References

[edit] External links

• Antidiscrimination Legislation, April 1999, a worldwide summary IGLHRC (pdf)
• International LGBT and Lesbian Human Rights Commission (IGLHRC)
• International Lesbian and LGBT Association
• International Lesbian and LGBT 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)
• State-sponsored Homophobia (April 2007)

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