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LGBT rights by country or territory

From Wikipedia, the free encyclopedia

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Worldwide laws regarding same-sex intercourse, unions and expression
Same-sex intercourse illegal. Penalties:
  Death
  Prison; death not enforced
  Death under militias
  Prison, w/ arrests or detention
  Prison, not enforced1
Same-sex intercourse legal. Recognition of unions:
  Extraterritorial marriage2
  Limited foreign
  Optional certification
  None
  Restrictions of expression
Rings indicate local or case-by-case application.
1No imprisonment in the past three years or moratorium on law.
2Marriage not available locally. Some jurisdictions may perform other types of partnerships.
LGBT rights at the United Nations vte      Neither States which did not support either declaration    Non-member states States that are not voting members of the United Nations    Oppose States which supported an opposing declaration in 2008 and continued their opposition in 2011    Subsequent member South Sudan, which was not a member of the United Nations in 2008    Support States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011
LGBT rights at the United Nations
  
Neither States which did not support either declaration
  
Non-member states States that are not voting members of the United Nations
  
Oppose States which supported an opposing declaration in 2008 and continued their opposition in 2011
  
Subsequent member South Sudan, which was not a member of the United Nations in 2008
  
Support States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011

Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Laws concerning gender identity-expression by country or territory   Legal identity change, surgery not required   Legal identity change, surgery required   No legal identity change   Unknown/Ambiguous
Laws concerning gender identity-expression by country or territory
  Legal identity change, surgery not required
  Legal identity change, surgery required
  No legal identity change
  Unknown/Ambiguous

Notably, as of January 2021, 29 countries recognized same-sex marriage. By contrast, not counting non-state actors and extrajudicial killings, only one country is believed to impose the death penalty on consensual same-sex sexual acts: Iran. The death penalty is officially law, but generally not practiced, in Mauritania, Nigeria (in the northern third of the country), Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates. As well as, LGBT people face extrajudicial killings in Afghanistan under the Taliban rule, and in the Russian region of Chechnya.[2] Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. Fifteen countries have stoning on the books as a penalty for adultery, which would include gay sex, but this is enforced by the legal authorities in Iran only.[3][4]

In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, following which the Office of the United Nations High Commissioner for Human Rights issued a report documenting violations of the rights of LGBT people, including hate crimes, criminalization of homosexual activity, and discrimination. Following the issuance of the report, the United Nations urged all countries which had not yet done so to enact laws protecting basic LGBT rights.[5][6]

A 2022 study found that LGBT rights (as measured by ILGA-Europe's Rainbow Index) were correlated with less HIV/AIDS incidence among gay and bisexual men independently of risky sexual behavior.[7]

Scope of laws

Laws that affect LGBT people include, but are not limited to, the following:

History of LGBT-related laws

Ancient India

Ayoni or non-vaginal sex of all types are punishable in the Arthashastra. Homosexual acts are, however, treated as a smaller offence punishable by a fine, while unlawful heterosexual sex carries much harsher punishment. The Dharmsastras, especially the later ones, prescribe against non-vaginal sex like the Vashistha Dharmasutra. The Yājñavalkya Smṛti prescribes fines for such acts including those with other men. Manusmriti prescribes light punishments for such acts.[8][9] Vanita states that the verses about punishment for a sex between female and a maiden is due to its strong emphasis on a maiden's sexual purity.[10]

Ancient Israel

The ancient Law of Moses (the Torah) forbids men from lying with men (i.e., from having intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis 19, in the story of Sodom and Gomorrah, after which the cities were soon destroyed with "brimstone and fire, from the Lord"[11][12] and the death penalty was prescribed to its inhabitants – and to Lot's wife, who was turned into a pillar of salt because she turned back to watch the cities' destruction.[13][14] In Deuteronomy 22:5, cross-dressing is condemned as "abominable".[15][16]

Assyria

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual.[17] An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose gender roles were not considered solidly masculine.[17] Such sexual relations were even seen as good fortune, with an Akkadian tablet, the Šumma ālu, reading, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers".[18][19] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.[20][21]

Middle Assyrian Law Codes dating 1075 BC has a particularly harsh law for homosexuality in the military, which reads: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch."[22][23][24] A similar law code reads, "If a seignior lay with his neighbor, when they have prosecuted him (and) convicted him, they shall lie with him (and) turn him into a eunuch". This law code condemns a situation that involves homosexual rape. Any Assyrian male could visit a prostitute or lie with another male, just as long as false rumors or forced sex were not involved with another male.[25]

Ancient Rome

In ancient Rome, the bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed penalties on those who committed a sex crime (stuprum) against a freeborn male minor.[26] Acceptable same-sex partners were males excluded from legal protections as citizens: slaves, male prostitutes, and the infames, entertainers or others who might be technically free but whose lifestyles set them outside the law.

A male citizen who willingly performed oral sex or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men.[27] In courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors were directed particularly at "democratic" politicians (populares) such as Julius Caesar and Mark Antony.[28]

Roman law addressed the rape of a male citizen as early as the 2nd century BC, when it was ruled that even a man who was "disreputable and questionable" had the same right as other citizens not to have his body subjected to forced sex.[29] A law probably dating to the dictatorship of Julius Caesar defined rape as forced sex against "boy, woman, or anyone"; the rapist was subject to execution, a rare penalty in Roman law.[30] A male classified as infamis, such as a prostitute or actor, could not as a matter of law be raped, nor could a slave, who was legally classified as property; the slave's owner, however, could prosecute the rapist for property damage.[31]

In the Roman army of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death,[32] as a violation of military discipline.[33] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "those who in youth have abused their persons" as subject to the fustuarium, clubbing to death.[34] Ancient sources are most concerned with the effects of sexual harassment by officers, but the young soldier who brought an accusation against his superior needed to show that he had not willingly taken the passive role or prostituted himself.[35] Soldiers were free to have relations with their male slaves;[36] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se.[37] By the late Republic and throughout the Imperial period, there is increasing evidence that men whose lifestyle marked them as "homosexual" in the modern sense served openly.[38]

Although Roman law did not recognize marriage between men, and in general Romans regarded marriage as a heterosexual union with the primary purpose of producing children, in the early Imperial period some male couples were celebrating traditional marriage rites. Juvenal remarks with disapproval that his friends often attended such ceremonies.[39] The emperor Nero had two marriages to men, once as the bride (with a freedman Pythagoras) and once as the groom. His consort Sporus appeared in public as Nero's wife wearing the regalia that was customary for the Roman empress.[40]

Apart from measures to protect the prerogatives of citizens, the prosecution of homosexuality as a general crime began in the 3rd century of the Christian era when male prostitution was banned by Philip the Arab. By the end of the 4th century, after the Roman Empire had come under Christian rule, passive homosexuality was punishable by burning.[41] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code.[42] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death.[43]

British Empire

The United Kingdom introduced anti-homosexuality laws throughout its colonies, particularly in the 19th century when the British Empire was at its peak.[44] As of 2018, more than half of the 71 countries that criminalised homosexuality were former British colonies or protectorates.[45]

Netherlands

A monumental achievement in LGBT history occurred when Queen Beatrix signed a law making Netherlands the first country to legalize same-sex marriage.[46]

Global LGBT rights maps

Laws regarding same-sex sexuality by country or territory
vte Worldwide laws regarding same-sex intercourse, unions and expression   Same-sex intercourse illegal. Penalties:     Death    Prison; death not enforced     Death under militias    Prison, w/ arrests or detention     Prison, not enforced1     Same-sex intercourse legal. Recognition of unions:     Marriage    Extraterritorial marriage2     Civil unions    Limited domestic     Limited foreign    Optional certification     None    Restrictions of expression Rings indicate local or case-by-case application. 1No imprisonment in the past three years or moratorium on law.2Marriage not available locally. Some jurisdictions may perform other types of partnerships.
Worldwide laws regarding same-sex intercourse, unions and expression
Same-sex intercourse illegal. Penalties:
  Death
  Prison; death not enforced
  Death under militias
  Prison, w/ arrests or detention
  Prison, not enforced1
Same-sex intercourse legal. Recognition of unions:
  Extraterritorial marriage2
  Limited foreign
  Optional certification
  None
  Restrictions of expression
Rings indicate local or case-by-case application.
1No imprisonment in the past three years or moratorium on law.
2Marriage not available locally. Some jurisdictions may perform other types of partnerships.
LGBT rights at the United Nations
  SupportCountries which have signed a General Assembly declaration of LGBT rights or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members)   OpposeCountries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members after withdrawal of Fiji, Rwanda and Sierra Leone)   NeitherCountries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members)
  Support
Countries which have signed a General Assembly declaration of LGBT rights or sponsored the Human Rights Council's 2011 resolution on LGBT rights (96 members)
  Oppose
Countries which signed a 2008 statement opposing LGBT rights (initially 57 members, now 54 members after withdrawal of Fiji, Rwanda and Sierra Leone)
  Neither
Countries which, as regards the UN, have expressed neither official support nor opposition to LGBT rights (44 members)
Homosexual "propaganda" and "morality" laws by country or territory
Homosexual "propaganda" and "morality" laws by country or territory   Countries or territories that do not have homosexual "propaganda" or "morality" laws   Fine[47]   Unknown punishment   Imprisonment
Homosexual "propaganda" and "morality" laws by country or territory
  Countries or territories that do not have homosexual "propaganda" or "morality" laws
  Fine[47]
  Unknown punishment
  Imprisonment
Decriminalization of same-sex sexual intercourse by country or territory
  1791–1850   1850–1945   1946–1989   1990–present   Unknown date of legalization of same-sex intercourse   Same-sex sexual intercourse always legal   Still criminalized
  1791–1850
  1850–1945
  1946–1989
  1990–present
  Unknown date of legalization of same-sex intercourse
  Same-sex sexual intercourse always legal
  Still criminalized
Equalization of age of consent laws for same-sex couples by country or territory
  1790–1829   1830–1839   1840–1859   1860–1869   1870–1879   1880–1889   1890–1929   1930–1939   1940–19491   1950–1959   1960–1969   1970–1979   1980–1989   1990–1999   2000–2009   2010–present   Unknown date for equal age of consent laws for opposite and same-sex couples   No consent laws/equal age of consent laws always equal for opposite and same-sex couples   Unequal age of consent laws for same-sex couples   Same-sex sexual intercourse illegal 1During World War II, Nazi Germany annexed or occupied territory, extending Germany's laws against same-sex sexual intercourse. Age of consent was previously equalized for same-sex couples in the following countries or territories before the war: Belluno (legal in 1890), Friuli-Venezia Giulia (legal in 1890), Poland (decriminalized in 1932), and Trentino-Alto Adige/Südtirol (legal in 1890).[citation needed] During World War II Germany did not consistently enforce anti-homosexual laws in all occupied countries.[48] All countries and territories listed that where annexed or established into reichskommissariats by Nazi Germany during World War II where restored as independent countries or reincorporated into their previous countries during or after the war and thus re-legalized equal age of consent laws for same-sex couples in those areas.[citation needed]
  1790–1829
  1830–1839
  1840–1859
  1860–1869
  1870–1879
  1880–1889
  1890–1929
  1930–1939
  1940–19491
  1950–1959
  1960–1969
  1970–1979
  1980–1989
  1990–1999
  2000–2009
  2010–present
  Unknown date for equal age of consent laws for opposite and same-sex couples
  No consent laws/equal age of consent laws always equal for opposite and same-sex couples
  Unequal age of consent laws for same-sex couples
  Same-sex sexual intercourse illegal
1During World War II, Nazi Germany annexed or occupied territory, extending Germany's laws against same-sex sexual intercourse. Age of consent was previously equalized for same-sex couples in the following countries or territories before the war: Belluno (legal in 1890), Friuli-Venezia Giulia (legal in 1890), Poland (decriminalized in 1932), and Trentino-Alto Adige/Südtirol (legal in 1890).[citation needed] During World War II Germany did not consistently enforce anti-homosexual laws in all occupied countries.[48] All countries and territories listed that where annexed or established into reichskommissariats by Nazi Germany during World War II where restored as independent countries or reincorporated into their previous countries during or after the war and thus re-legalized equal age of consent laws for same-sex couples in those areas.[citation needed]
Legal status of same-sex marriage
  Marriage open to same-sex couples (rings: individual cases)   Mixed jurisdiction: marriage recognized by the state but not by tribal government for residents who are members of the tribe   Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for   Same-sex marriage recognized with full rights when performed in certain other jurisdictions   Judicial order for recognition not yet tested (Armenia)   Civil unions or domestic partnerships   Limited legal recognition (registered cohabitation)   Local certification without legal force   Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)   Country subject to an international court ruling that recognizes same-sex marriage   Other countries where same-sex unions are not legally recognized
  Marriage open to same-sex couples (rings: individual cases)
  Mixed jurisdiction: marriage recognized by the state but not by tribal government for residents who are members of the tribe
  Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
  Same-sex marriage recognized with full rights when performed in certain other jurisdictions
  Judicial order for recognition not yet tested (Armenia)
  Civil unions or domestic partnerships
  Limited legal recognition (registered cohabitation)
  Local certification without legal force
  Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)
  Country subject to an international court ruling that recognizes same-sex marriage
  Other countries where same-sex unions are not legally recognized
Legal status of adoption by same-sex couples by country or territory
  Joint adoption allowed   Second-parent adoption allowed   No laws allowing adoption by same-sex couples and no same-sex marriage   Same-sex marriage but adoption by married same-sex couples not allowed
  Joint adoption allowed
  Second-parent adoption allowed
  No laws allowing adoption by same-sex couples and no same-sex marriage
  Same-sex marriage but adoption by married same-sex couples not allowed
LGBT service in national militaries by country or territory[citation needed]
  All LGBT people can serve   GBT men can serve   LGB people can serve   GB men can serve   Ambiguous/unknown policy   LGBT people are banned from serving   No military
  All LGBT people can serve
  GBT men can serve
  LGB people can serve
  GB men can serve
  Ambiguous/unknown policy
  LGBT people are banned from serving
  No military
Employment discrimination laws by sexual orientation or gender identity by country or territory
  Sexual orientation and gender identity: all employment  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment  Sexual orientation: all employment  Gender identity: all employment  Sexual orientation and gender identity: federal public employment and federal contractors  Sexual orientation and gender identity: public employment  Sexual orientation: public employment  No national-level employment laws covering sexual orientation or gender identity
  Sexual orientation and gender identity: all employment
  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment
  Sexual orientation: all employment
  Gender identity: all employment
  Sexual orientation and gender identity: federal public employment and federal contractors
  Sexual orientation and gender identity: public employment
  Sexual orientation: public employment
  No national-level employment laws covering sexual orientation or gender identity
Anti-discrimination laws covering goods and services by sexual orientation and/or gender identity by country or territory
Countries and territories with LGBT anti-discrimination laws in goods and services  Sexual orientation and gender identity covered  Sexual orientation covered  Gender identity covered  No national or local level anti-discrimination laws covering sexual orientation and/or gender identity in goods and services
Countries and territories with LGBT anti-discrimination laws in goods and services
  Sexual orientation and gender identity covered
  Sexual orientation covered
  Gender identity covered
  No national or local level anti-discrimination laws covering sexual orientation and/or gender identity in goods and services
Constitutional discrimination laws by sexual orientation and/or gender identity by country or territory
  Sexual orientation and gender identity covered   Sexual orientation covered   Gender identity covered   No national or local level constitutional discrimination laws covering sexual orientation and/or gender identity
  Sexual orientation and gender identity covered
  Sexual orientation covered
  Gender identity covered
  No national or local level constitutional discrimination laws covering sexual orientation and/or gender identity
LGBT hate crime laws by country or territory
  Sexual orientation and gender identity hate crime laws  Sexual orientation hate crime laws  No LGBT hate crime laws
  Sexual orientation and gender identity hate crime laws
  Sexual orientation hate crime laws
  No LGBT hate crime laws
Incitement to hatred based on sexual orientation and gender identity prohibited by country or territory
  Incitement to hatred based on sexual orientation and gender identity prohibited   Incitement to hatred based on sexual orientation prohibited   No prohibition on incitement to hatred based on sexual orientation and gender identity
  Incitement to hatred based on sexual orientation and gender identity prohibited
  Incitement to hatred based on sexual orientation prohibited
  No prohibition on incitement to hatred based on sexual orientation and gender identity
Ban on conversion therapy for minors on the basis of sexual orientation and gender identity by country or territory
  Ban on conversion therapy on the basis of sexual orientation and gender identity   De facto ban on conversion therapy   Case-by-case bans   Proposed ban on conversion therapy    No ban on conversion therapy
  Ban on conversion therapy on the basis of sexual orientation and gender identity
  De facto ban on conversion therapy
  Case-by-case bans
  Proposed ban on conversion therapy
  No ban on conversion therapy
Immigration equality by country or territory[citation needed]
  Recognition of same-sex couples in national immigration laws  Unknown/ambiguous
  Recognition of same-sex couples in national immigration laws
  Unknown/ambiguous
Bans on same-sex unions by country or territory
  No specific prohibition of same-sex marriages or unions  Constitution bans same-sex marriage  Constitution establishes Islamic law or bans violations of "Islamic morality"
  No specific prohibition of same-sex marriages or unions
  Constitution bans same-sex marriage
  Constitution establishes Islamic law or bans violations of "Islamic morality"
Blood donation policies for men who have sex with men by country or territory
Blood donation policies for men who have sex with men   Men who have sex with men may donate blood; No deferral   Men who have sex with men may donate blood; Temporary deferral   Men who have sex with men may not donate blood; Permanent deferral   No Data
Blood donation policies for men who have sex with men
  Men who have sex with men may donate blood; No deferral
  Men who have sex with men may donate blood; Temporary deferral
  Men who have sex with men may not donate blood; Permanent deferral
  No Data
Blood donation policies for female sex partners of men who have sex with men by country or territory
Blood donation policies for female sex partners of men who have sex with men   Female sex partners of men who have sex with men may donate blood; No deferral   Female sex partners of men who have sex with men may donate blood; Temporary deferral   Female sex partners of men who have sex with men may not donate blood; Permanent deferral   No Data
Blood donation policies for female sex partners of men who have sex with men
  Female sex partners of men who have sex with men may donate blood; No deferral
  Female sex partners of men who have sex with men may donate blood; Temporary deferral
  Female sex partners of men who have sex with men may not donate blood; Permanent deferral
  No Data
Laws concerning gender identity-expression by country or territory
  Legal identity change, surgery not required  Legal identity change, surgery required  No legal identity change  Unknown/Ambiguous
  Legal identity change, surgery not required
  Legal identity change, surgery required
  No legal identity change
  Unknown/Ambiguous
Legal recognition of non-binary genders and third gender
  Nonbinary / third gender available as voluntary opt-in   Opt-in for intersex people only   Standard for third gender   Standard for intersex   Nonbinary / third gender not legally recognized / no data
  Nonbinary / third gender available as voluntary opt-in
  Opt-in for intersex people only
  Standard for third gender
  Standard for intersex
  Nonbinary / third gender not legally recognized / no data

Timeline

Decriminalization of homosexuality timeline
Countries/Territories/States
Never been illegal
18th century
List
19th century
List
20th century
List
21st century
List
Notes
  • Note that while this template lists several historical countries, such as the Kingdom of France, Czechoslovakia, East Germany, etc., for the sake of clarity, the flags shown are contemporary flags.


LGBT-related laws by country or territory

Africa

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

Northern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Algeria Algeria
No
Illegal since 1966
Penalty: Up to 3 years imprisonment with fines up to 10,000 dinars.[49] Torture,[50] beatings,[51] or vigilante executions are also common.
No
No
No
No
No
No
Canary Islands Canary Islands
(Autonomous community of Spain)
Yes
Legal since 1979
+ UN decl. sign.[52]
Yes
De facto unions legal since 2003[53]
Yes
Legal since 2005[54]
Yes
Legal since 2005[55][56]
Yes
Spain responsible for defence
Yes
Bans all anti-gay discrimination[57]
Yes
Since 2007, all documents can be amended to the recognised gender[58]
Ceuta Ceuta
(Autonomous city of Spain)
Yes
Legal since 1979
+ UN decl. sign.[52]
Yes
De facto union since 1998[59]
Yes
Legal since 2005[54]
Yes
Legal since 2005[55]
Yes
Spain responsible for defence
Yes
Bans all anti-gay discrimination
Yes
Since 2007, all documents can be amended to the recognised gender[58]
Egypt Egypt
No
Male de jure legal, but de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[52][60]
No
No
No
No
No
No
Libya Libya
No
Illegal since 1953 Penalty: Up to 5 years in jail or vigilante execution.[61][62]
No
No
No
No
No
No
Madeira Madeira
(Autonomous region of Portugal)
Yes
Legal since 1983
+ UN decl. sign.[52]
Yes
De facto union since 2001[63][64]
Yes
Legal since 2010[65]
Yes
Legal since 2016[66][67][68]
Yes
Portugal responsible for defence
Yes
Bans all anti-gay discrimination.[57]
Yes
Since 2011, all documents can be amended to the recognised gender[69]
Melilla Melilla
(Autonomous city of Spain)
Yes
Legal since 1979
+ UN decl. sign.[52]
Yes
De facto union since 2008[70]
Yes
Legal since 2005[54]
Yes
Legal since 2005[55]
Yes
Spain responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Since 2007, all documents can be amended to the recognised gender[58]
Morocco Morocco
(including Southern Provinces)
No
Illegal since 1962
Penalty: Up to 3 to 5 years imprisonment with hard labour.[52][72]
No
No
No
No
No
No
Sahrawi Arab Democratic Republic Sahrawi Arab Democratic Republic
(Disputed territory; excluding Southern Provinces)
No
Illegal since 1944 (as part of the Overseas Province of Spanish Sahara)
Penalty: Up to 3 years imprisonment.[52][73][74]
No
No
No
No
No
No
South Sudan South Sudan
No
Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment.[52][75]
No
No
Constitutional ban since 2011[citation needed]
No
No
No
No
Forms of gender expression are criminalized.
Sudan Sudan
No
Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Life imprisonment for a third offense of anal sex.[76][77]
No
No
No
No
No
No
Tunisia Tunisia
No
Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment.[52][78]
[79]
No
No
No
No
No
No

Western Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Benin Benin
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country);[52][80]
Age of consent discrepancy[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Burkina Faso Burkina Faso
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
Constitutional ban since 1991
No
Emblem-question.svg
No
Emblem-question.svg
Cape Verde Cape Verde
Yes
Legal since 2004
+ UN decl. sign.[52]
No
No
No
Emblem-question.svg
Yes
Bans some anti-gay discrimination[52]
Emblem-question.svg
The Gambia Gambia
No
Illegal since 1888 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment.[52][81][75]
No
No
No
No
No
No
Forms of gender expression criminalized since 2013[82]
Ghana Ghana
No
Male illegal since 1860s (as the Gold Coast)
Penalty: Up to 3 years imprisonment.
Yes
Female always legal[52][83][75]
No
No
No
No
No
No
Guinea Guinea
No
Illegal since 1988
Penalty: 6 months to 10 years imprisonment.[84]
No
No
No
No
No
No
Guinea-Bissau Guinea-Bissau
Yes
Legal since 1993[52]
+ UN decl. sign.
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Ivory Coast Ivory Coast
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Liberia Liberia
No
Illegal since 1976
Penalty: 1 year imprisonment.[52][85]
No
No
No
No
No
No
Mali Mali
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Mauritania Mauritania
No
Illegal: Islamic Sharia Law is applied
Penalty: Capital punishment for men, (not enforced); prison and a fine for women.[52][86]
No
No
No
No
No
No
Niger Niger
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Nigeria Nigeria
No
Illegal under federal law since 1901 (as the Northern Nigeria Protectorate and the Southern Nigeria Protectorate)
Penalty: Up to 14 years imprisonment.
No
Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara.[52][87][75]
No
No
No
No
No
No
Forms of gender expression criminalized in Sharia provinces.
Saint Helena Saint Helena, Ascension and Tristan da Cunha
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001
+ UN decl. sign.[52]
Yes
Legal since 2017
Yes
Legal since 2017[88][89]
Yes
Legal since 2017
Yes
UK responsible for defence
Yes
Bans all anti-gay discrimination
Emblem-question.svg
Senegal Senegal
No
Illegal since 1966
Penalty: 1 to 5 years imprisonment.[52][90]
No
No
No
No
No
No
Sierra Leone Sierra Leone
No
Male illegal since 1861 (as the Sierra Leone Colony and Protectorate)
Penalty: Up to life imprisonment (Not enforced).
Yes
Female always legal
+ UN decl. sign.[52]
No
No
No
No
No
No
Togo Togo
No
Illegal since 1884 (as Togoland)
Penalty: Fine and 3 years imprisonment, legalization proposed[52][75]
No
No
No
No
No
No

Central Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Cameroon Cameroon
No
Illegal since 1972
Penalty: Fines to 5 years imprisonment.[52][75] or vigilante execution and torture[91]
No
No
No
No
No
No
Central African Republic Central African Republic
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
Constitutional ban since 2016[92]
No
Emblem-question.svg
No
Emblem-question.svg
Chad Chad
No
Illegal since 2017
Penalty: Between 3 months and 2 years in prison, with fines of 50,000 to 500,000 FCFA. (Penal Code, Chapter 2, Article 354) [93]
No
No
No
No
No
Emblem-question.svg
Democratic Republic of the Congo Democratic Republic of the Congo
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
Constitutional ban since 2005
No
Emblem-question.svg
No
No
Republic of the Congo Republic of the Congo
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Equatorial Guinea Equatorial Guinea
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Gabon Gabon
Yes
Legal since 2020[94]
+ UN decl. sign.
No
No
No
Emblem-question.svg
No
Emblem-question.svg
São Tomé and Príncipe São Tomé and Príncipe
Yes
Legal since 2012
+ UN decl. sign.[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg

Southeast Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Burundi Burundi
No
Illegal since 2009
Penalty: fine, and 3 months to 2 years imprisonment.[52][95]
No
No
Constitutional ban since 2005
No
No
No
No
Kenya Kenya
No
Illegal since 1897 (as the East Africa Protectorate)
Penalty: up to 14 years imprisonment.[52][75]
No
No
Constitutional ban since 2010[96]
No
No
No
No
Rwanda Rwanda
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
+ UN decl. sign.
No
No
Constitutional ban since 2003
No
Emblem-question.svg
No
No
Tanzania Tanzania
No
Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment.[52][75] Vigilante executions, beatings and torture[97][98] are also tolerated.
No
No
No
No
No
No
Uganda Uganda
No
Male illegal since 1894
Female illegal since 2000 Penalty: Life imprisonment. Beatings, torture, or vigilante execution are also common.[99]
No
No
Constitutional ban since 2005
No
No
No
No

Horn of Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Djibouti Djibouti
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Eritrea Eritrea
No
Illegal
Penalty: Up to 3 years imprisonment.[52][100] or death[101] Beatings and torture are also tolerated.[102]
No
No
No
No
No
No
Ethiopia Ethiopia
No
Illegal
Penalty: Up to 15 years.[52]
No
No
No
No
No
No
Somalia Somalia
No
Illegal. Penalty: Up to 3 years prison.
Jubaland
No
Illegal. Penalty: Up to death in Jubaland.[citation needed]
No
No
No
No
No
No
Somaliland Somaliland
(Disputed territory)
No
Illegal since 1941 (as British Somaliland)
Penalty: Up to 3 years prison, sometimes death sentences.[103]
No
No
No
No
No
No

Indian Ocean states

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Comoros Comoros
No
Illegal
Penalty: 5 years imprisonment and fines.[52][104]
No
No
No
No
No
Emblem-question.svg
French Southern and Antarctic Lands French Southern and Antarctic Lands
(Overseas territory of France)
Yes
Legal
(No laws against same-sex sexual activity have ever existed in the territory)[52]
Yes
Civil solidarity pact since 1999
Yes
Legal since 2013
Yes
Legal since 2013
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination
Yes
Under French law
Madagascar Madagascar
Yes
Legal
(No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
Mauritius Mauritius
No
Male illegal
Penalty: Up to 5 years imprisonment. (not enforced)
Yes
Female always legal[105]
+ UN decl. sign.[52][106]
No
No
No
No
Yes
Bans all anti-gay discrimination[107][108]
Emblem-question.svg
Mayotte Mayotte
(Overseas region of France)
Yes
Legal
(No laws against same-sex sexual activity have ever existed in the region)[52]
Yes
Civil solidarity pact since 1999
Yes
Legal since 2013
Yes
Legal since 2013
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination
Yes
Under French law
Réunion Réunion
(Overseas region of France)
Yes
Legal since 1791[52]
Yes
Civil solidarity pact since 1999
Yes
Legal since 2013
Yes
Legal since 2013
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination
Yes
Under French law
Seychelles Seychelles
Yes
Legal since 2016[109]
+ UN decl. sign.
No
No
No
Emblem-question.svg
Yes
Bans some anti-gay discrimination[52]
Emblem-question.svg

Southern Africa

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Angola Angola
Yes
Legal since 2021 [110]
No
No
No
No
Yes
Bans all anti-gay discrimination[111]
Emblem-question.svg
May possibly change gender under the Código do Registro Civil 2015[112]
Botswana Botswana
No
Legal since 2019 [113]
No
No
No
No
Yes
Bans some anti-gay discrimination
Yes
Legal gender change recognized as a constitutional right since 2017[114]
Eswatini Eswatini
No
Male illegal since the 1880s (not enforced)
Yes
Female always legal[52][75]
No
No
No
No
No
No
Lesotho Lesotho
Yes
Male legal since 2012
Female always legal[52]
No
No
No
Emblem-question.svg
No
Emblem-question.svg
May possibly change gender under the National Identity Cards Act 9 of 2011[115]
Malawi Malawi
No
Illegal since 1891 (as British Central Africa Protectorate)[75]
Penalty: Up to 14 years imprisonment, with or without corporal punishment for men
up to 5 years imprisonment for women (rarely enforced; suspending moratorium legality disputed)[52][116][75]
No
No
No
No
No
No
Men can't have long hair.
Mozambique Mozambique
Yes
Legal since 2015[117][118]
No
No
No
No
Yes
Bans some anti-gay discrimination[52][107]
Emblem-question.svg
Namibia Namibia
No
Male illegal since 1920 (not enforced; repeal proposed)[75][119]
Yes
Female always legal[52][120][121]
No
No
No
No
No
Yes
Under the Births, Marriages and Deaths Registration Act 81 of 1963[122]
South Africa South Africa
Yes
Male legal since 1998
Female always legal
+ UN decl. sign.[52]
Yes
Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006
Yes
Legal since 2006
Yes
Legal since 2002
Yes
Since 1998
Yes
Constitution bans all anti-gay discrimination
Yes
Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment
Zambia Zambia
No
Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment. (repeal proposed)[52][75]
No
No
No
No
No
No
Zimbabwe Zimbabwe
No
Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Yes
Female legal[52][75]
No
No
Constitutional ban since 2013[123]
No
No
No
No

Americas

List of countries or territories by LGBT rights in the Americas



Tables:

North America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Bermuda Bermuda
(Overseas Territory of the United Kingdom)
Yes
Legal since 1994
+ UN decl. sign.[52]
Yes
Domestic partnerships since 2018[124]
No
Was legal between November 2018 and March 2022 and between May 2017 and June 2018
Yes
Legal since 2015[125]
Yes
UK responsible for defence
No
Bans all anti-gay discrimination[126]
No
Canada Canada
Yes
Legal since 1969
+ UN decl. sign.[52][127]
Yes
Domestic partnerships in Nova Scotia (2001);[128]
Civil unions in Quebec (2002);[129]
Adult interdependent relationships in Alberta (2003);[130]
Common-law relationships in Manitoba (2004)[131]
Yes
Legal in some provinces and territories since 2003, nationwide since 2005[132]
Yes
Legal in some provinces and territories since 1996, nationwide since 2011[133]
Yes
Since 1992[134]; Includes transgender people[135]
Yes
Bans all anti-gay discrimination. Ban on conversion therapy since 2022 nationwide
Yes
Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017[136][137][138][139]
Greenland Greenland
(Autonomous Territory within the Kingdom of Denmark)
Yes
Legal since 1933
+ UN decl. sign.[52]
Yes
Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.)[140]
Yes
Legal since 2016
Yes
Stepchild adoption since 2009;[141]
joint adoption since 2016[142]
Yes
The Kingdom of Denmark responsible for defence
Yes
Bans some anti-gay discrimination[52]
Yes
Legal gender change and recognition possible without surgery or hormone therapy[143][144]
Mexico Mexico
Yes
Legal since 1871
+ UN decl. sign.[52]
Yes
/
No
Civil unions in Mexico City (2007), Coahuila (2007),[145] Colima (between 2013 and 2016),[146] Campeche (2013),[147] Jalisco (between 2014 and 2018),[148] Michoacán (2015), Tlaxcala (2017), and Veracruz (2020)
Yes
/
No
Legal in Mexico City (2010),[149] Quintana Roo (2012),[150] Coahuila (2014), Chihuahua (2015), Nayarit (2015), Jalisco (2016), Campeche (2016), Michoacán (2016), Colima (2016), Morelos (2016), Chiapas (2017), Puebla (2017), Baja California (2017), Nuevo León (2019), Aguascalientes (2019), San Luis Potosí (2019), Hidalgo (2019), Baja California Sur (2019), Oaxaca (2019), Tlaxcala (2020), Querétaro (2021), Sinaloa (2021), Sonora (2021), Guanajuato (2021), Zacatecas (2021), Yucatán (2022), and Veracruz (2022)
All states are obliged to recognise same-sex marriages performed in states where it is legal.[149][151][152]
The Supreme Court has declared that it is unconstitutional to deny marriage licenses to same-sex couples in all states,[153] but as state laws were not invalidated, individual injunctions must still be obtained from the courts[154][155]
Yes
/
No
Legal in Mexico City (2010),[156] Coahuila (2014), Chihuahua (2015), Jalisco (2016), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017),[157][158] Aguascalientes (2018), Nuevo León (2019), San Luis Potosí (2019)[159] and Hidalgo (2019)[160]
Emblem-question.svg
(ambiguous)
Yes
Bans all anti-gay discrimination[161] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City (2020), México (2020), Baja California Sur (2020), Colima (2021), Tlaxcala (2021), Yucatán (2021) and Zacatecas (2021), Baja California (2022), Hidalgo (2022), Jalisco (2022), and Puebla (2022)
Yes
/
No
Transgender persons can change their legal gender and name in Mexico City (2008),[162] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019), San Luis Potosí (2019), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021), México (2021), and Morelos (2021)[163]
Flag of Saint-Pierre and Miquelon.svg
Saint Pierre and Miquelon
(Overseas collectivity of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
United States United States
Yes
Legal in some states since 1962, nationwide since 2003
+ UN decl. sign.[52]
Yes
Domestic partnerships in California (1999), the District of Columbia (2002), Maine (2004), Washington (2007), Maryland (2008), Oregon (2008), Nevada (2009) and Wisconsin (2009).
Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013).
Yes
Legal in some states since 2004, nationwide since 2015
Yes
Legal in some states since 1993, nationwide since 2016
Yes
/
No
Lesbians, gays, and bisexuals have been allowed to serve openly in the U.S. military since 2011, following the repeal of the Don't Ask, Don't Tell policy.
Transgender people have been allowed to serve openly since 2021.[168]
Transvestites are currently banned from the military since 2012.[169]
Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites".[170]
Yes
/
No
Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020.
More extensive protections exist in 23 states, DC, and some municipalities.
Conversion therapy for minors is banned in 20 states, DC, and some municipalities.
Sexual orientation is covered by the federal hate crime law since 2009.
Yes
/
No
Since April 11, 2022 by legal self determination - gender X became available and recognized formally on US passports.[171] Gender change is legal on birth certificates (under varying conditions by state), in 48 states + DC.
Nonbinary gender markers are available, under varying circumstances, in 25 states + DC.
Employment discrimination on the basis of gender identity is prohibited nationwide since 2020.
More extensive protections exist in 22 states, DC, and some municipalities.
Gender identity is covered by the federal hate crime law since 2009.

Central America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Belize Belize
Yes
Legal since 2016[172]
No
No
No
No
Yes
Bans all anti-gay discrimination[173][174][175]
No
[176]
Costa Rica Costa Rica
Yes
Legal since 1971
+ UN decl. sign.[52]
Yes
Unregistered cohabitation since 2014[177][178]
Yes
Legal since May 2020
Yes
Legal since May 2020[179]
Has no military
Yes
Bans all anti-gay discrimination[52]
Yes
/
No
Transgender persons can change their legal name without surgeries or judicial permission since 2018. Legal gender cannot be changed. Sex indicator removed from all ID cards issued since May 2018[180][181][182] One-time sex change allowed for passports. [183]
El Salvador El Salvador
Yes
Legal since 1822
+ UN decl. sign.[52]
No
No
No
Yes
[184][185]
Yes
Bans all anti-gay discrimination[184]
No
[186] Bans discrimination based on gender identity.
Guatemala Guatemala
Yes
Legal since 1871
+ UN decl. sign.[52]
No
Pending
No
No
Emblem-question.svg
Yes
Bans some anti-gay discrimination
No
[187]
Honduras Honduras
Yes
Legal since 1899
+ UN decl. sign.[52]
No
Constitutional ban on de facto unions since 2005
No
Constitutional ban since 2005;[188][189] court decision pending
No
Constitutional ban since 2005
No
Yes
Bans all anti-gay discrimination[190]
No
Nicaragua Nicaragua
Yes
Legal since 2008
+ UN decl. sign.[52]
No
No
No
Emblem-question.svg
Yes
Bans some anti-gay discrimination[52]
No
Panama Panama
Yes
Legal since 2008
+ UN decl. sign.[52]
No
Court decision pending
No
Court decision pending
No
Court decision pending
Has no military
Yes
Bans some anti-gay discrimination[191][192]
Yes
Transgender persons can change their legal gender and name after completion of medical intervention since 2006[193][194]

Caribbean

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Anguilla Anguilla
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001
+ UN decl. sign.[52]
No
No
No
Yes
UK responsible for defence
No
Emblem-question.svg
Antigua and Barbuda Antigua and Barbuda
No
Illegal
Penalty: 15-year prison sentence (Not enforced).[52]
No
No
No
No
No
No
Aruba Aruba
(Constituent country of the Kingdom of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.[52]
Yes
Registered partnerships since 2016[195]
No
/
Yes
Same-sex marriages performed in the Netherlands recognized[196]
No
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[197]
Emblem-question.svg
The Bahamas Bahamas
Yes
Legal since 1991;
Age of consent discrepancy
+ UN decl. sign.[52]
No
No
No
Yes
[52]
No
No
Barbados Barbados
No
Illegal
Penalty: Life imprisonment (Not enforced).[52] Legalization proposed
No
/
Yes
Foreign Domestic Partnerships recognized for immigration purposes "Welcome Stamp"[198]

Civil Unions proposed.[199]

No
No
No
Yes
Bans some anti-gay discrimination[200]
No
Bonaire Bonaire
(a special municipality of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the municipalities)
+ UN decl. sign.[52]
Yes
[201]
Yes
Legal since 2012[202]
Yes
[203]
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[204]
Yes
British Virgin Islands British Virgin Islands
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001
+ UN decl. sign.[52]
No
No
No
Yes
UK responsible for defence
Yes
Bans all anti-gay discrimination[205]
No
Cayman Islands Cayman Islands
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001; Age of consent discrepancy[52]
+ UN decl. sign.
Yes
Civil Partnerships since 2020[206]
No
Yes
Legal since 2020
Yes
UK responsible for defence
No
No
Cuba Cuba
Yes
Legal since 1979
+ UN decl. sign.[52]
No
No
Legalization pending [207]
No
Yes
[52][208]
Yes
Bans all anti-gay discrimination [209][210][211]
Yes
Transgender people allowed to change gender after sex change operations[212]
Curaçao Curaçao
(Constituent country of the Kingdom of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.[52]
No
Pending
No
/
Yes
Same-sex marriages performed in the Netherlands recognized[196]
No
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[213]
Emblem-question.svg
Dominica Dominica
No
Illegal
Penalty: 10-year prison sentence or incarceration in a psychiatric institution (Not enforced).
+ UN decl. sign.[52]
No
No
No
No
No
No
Dominican Republic Dominican Republic
Yes
Legal since 1822
+ UN decl. sign.[52]
No
No
Constitutional ban since 2010[citation needed]
No
No
[214]
No
No
Grenada Grenada
No
Male illegal
Penalty: 10-year prison sentence (Rarely enforced).[215]
Yes
Female always legal[52]
No
No
No
Has no military
No
No
Guadeloupe Guadeloupe
(Overseas department of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
Haiti Haiti
Yes
Legal since 1791 (as Saint-Domingue)[52]
No
No
No
Has no military
No
No
Jamaica Jamaica
No
Male illegal
Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed
Yes
Female always legal.[52]
No
No
Constitutional ban since 1962
No
No
No
No
Martinique Martinique
(Overseas department of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
Montserrat Montserrat
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001
+ UN decl. sign.[52]
No
No
No
Yes
UK responsible for defence
Yes
Bans all anti-gay discrimination[216]
Emblem-question.svg
Puerto Rico Puerto Rico
(Commonwealth of the United States)
Yes
Legal since 2003
Yes
Legal since 2015
Yes
Legal since 2015[217]
Yes
Legal since 2015
Yes
United States responsible for defense[218][219]
Yes
Bans some anti-gay discrimination
Yes
Gender change legal since 2018; does not require surgery
Saba Saba
(a special municipality of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the municipalities)
+ UN decl. sign.[52]
Yes
[201]
Yes
Legal since 2012[202]
Yes
[203]
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[204]
Yes
[220]
Flag of Saint Barthelemy (local).svg
Saint Barthélemy
(Overseas collectivity of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
Saint Kitts and Nevis Saint Kitts and Nevis
No
Male illegal
Penalty: 10 years (Not enforced).
Yes
Female always legal[52]
No
No
No
No
No
Emblem-question.svg
Saint Lucia Saint Lucia
No
Male illegal
Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed
Yes
Female always legal[52]
No
No
No
Has no military
Yes
Bans some anti-gay discrimination
No
Flag of France.svg
Saint Martin
(Overseas collectivity of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
Saint Vincent and the Grenadines Saint Vincent and the Grenadines
No
Illegal
Penalty: Fine and/or 10-year prison sentence (Not enforced).[52] Legalization proposed
No
No
No
Has no military
No
Emblem-question.svg
Sint Eustatius Sint Eustatius
(a special municipality of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the municipalities)
+ UN decl. sign.[52]
Yes
[201]
Yes
Legal since 2012[202]
Yes
[203]
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[204]
Yes
Sint Maarten Sint Maarten
(Constituent country of the Kingdom of the Netherlands)
Yes
Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.[52]
No
No
/
Yes
Same-sex marriages performed in the Netherlands recognized[196]
No
Yes
The Netherlands responsible for defence
Yes
Bans all anti-gay discrimination[221]
Emblem-question.svg
Trinidad and Tobago Trinidad and Tobago
Yes
Legal since 2018[222]
No
No
No
No
No
No
Turks and Caicos Islands Turks and Caicos Islands
(Overseas Territory of the United Kingdom)
Yes
Legal since 2001
+ UN decl. sign.[52]
No
No
No
Yes
UK responsible for defence
Yes
Bans all anti-gay discrimination[52]
No
United States Virgin Islands United States Virgin Islands
(Territory of the United States)
Yes
Legal since 1985
Yes
Legal since 2015[223]
Yes
Legal since 2015[223]
Yes
Legal since 2015[223]
Yes
United States responsible for defense[218][219]
No
No

South America

LGBT rights in: Same-sex sexual activity Recognition of same-sex unions Same-sex marriage Adoption by same-sex couples LGB people allowed to serve openly in military Anti-discrimination laws concerning sexual orientation Laws concerning gender identity/expression
Argentina Argentina
Yes
Legal since 1887
+ UN decl. sign.[52]
Yes
Civil unions in Buenos Aires (2003),[224] Río Negro Province (2003),[225] Villa Carlos Paz (2007) and Río Cuarto (2009)
Cohabitation unions nationwide since 2015[226]
Yes
Legal since 2010[227]
Yes
Legal since 2010
Yes
Since 2009[228]
Yes
/
No
Legal protection in some cities;[229]
pending nationwide.
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010
Yes
Transgender persons can change their legal gender and name without surgeries or judicial order since 2012[230]

Transgender persons have a law reserving 1% of Argentina's public sector jobs. Economic incentives included in the new law aim to help trans people find work in all sectors. [231]

Bolivia Bolivia
Yes
Legal since 1832
+ UN decl. sign.[52]
No
[232]
Family life agreement pending[233][234]
No
Constitutional ban since 2009[235]
No
LGBT individuals may adopt, but not same-sex couples[236]
Yes
Since 2015[237][238][239]; Includes transgender people[240]
Yes
Bans all anti-gay discrimination[52]
Yes
Transgender persons can change their legal gender and name without surgeries or judicial order since 2016[241][242][243][244]
Brazil Brazil
Yes
Legal since 1831
+ UN decl. sign.[52]
Yes
"Stable unions" legal in some states since 2004; all rights as recognized family entities available nationwide since 2011[245][246]
Yes
Legal in some states since 2012, nationwide since 2013[247][248]
Yes
Legal since 2010[249]
Yes
Since 1969[250]
Yes
Bans all anti-gay discrimination.[251]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999[252][253]
Yes
Transgender people can change their legal gender and name before a notary without the need of surgeries or judicial order since 2018. The sex reassignment surgery, hormonal and psychological treatment are offered free of charge by the brazilian Unified Health System (UHS) [254][255][256]
Chile Chile
Yes
Legal since 1999;
Age of consent discrepancy
+ UN decl. sign.[52]
Yes
Civil unions since 2015[257]
Yes
Legal since 2022[258]
Yes
Legal since 2022[258]
Yes
Since 2012[259]; Includes transgender people[260]
Yes
Bans all anti-gay discrimination[261]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021
Yes
Transgender persons can change their legal gender and name since 1974.
No surgeries or judicial order since 2019.[262]
Colombia Colombia
Yes
Legal since 1981
+ UN decl. sign.[52]
Yes
De facto marital union since 2007[263]
Yes
Legal since 2016[264]
Yes
Stepchild adoption since 2014;[265] joint adoption since 2015[266]
Yes
Since 1999[52]
Yes
Bans all anti-gay discrimination[267]
Yes
Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notar, no surgeries or judicial order required[268]
Ecuador Ecuador
Yes
Legal since 1997
+ UN decl. sign.[52]
Yes
De facto unions since 2009[269][270]
Yes
Legal since 2019[271]
No
LGBT individuals may adopt, but not same-sex couples[272]
Emblem-question.svg
[273]
Yes
Bans all anti-gay discrimination.[274]
Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014
Yes
Since 2016, transgender persons are allowed to change their birth name and gender identity; no surgeries or judicial order required[275][276][277]
Falkland Islands Falkland Islands
(Overseas Territory of the United Kingdom)
Yes
Legal since 1989
+ UN decl. sign.[52]
Yes
Civil partnerships since 2017[278]
Yes
Legal since 2017[278]
Yes
Legal since 2017
Yes
UK responsible for defence
Yes
Bans all anti-gay discrimination[279]
No
French Guiana French Guiana
(Overseas department of France)
Yes
Legal since 1791
+ UN decl. sign.[52]
Yes
Civil solidarity pact since 1999[164]
Yes
Legal since 2013[165]
Yes
Legal since 2013[166]
Yes
France responsible for defence
Yes
Bans all anti-gay discrimination[71]
Yes
Under French law[167]
Guyana Guyana