The countries of the world have a wide variety of laws relating to sexual relations between people of the same sex – everything from full same-sex marriage to the death penalty as punishment for homosexual intercourse. Among the first laws on same-sex love relations ca. 600 BC are those in ancient Crete and Sparta, which required all adult men to engage in mentoring homoerotic friendships.
The first recorded law against sexual intercourse between men dates to 550 BC during the Babylonian captivity of the Jewish people. It is recorded in Leviticus (though some scholars date Leviticus much older), and it prescribes the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping “false gods”. At the time same-sex love relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from Judaism and its descendants, Christianity and Islam.
Christian psychologists in Europe also attempted to rationalize the negative views of sodomy pre-dominant at Europe in the middle ages in secular language, calling it a disease, by which means it was later absorbed as non-religious science in Communist countries.
In addition to laws against the practice of homosexuality, many countries around the world consider calling a person homosexual sufficient grounds for a libel lawsuit. For example, Jason Donovan and Liberace have sued newspapers that ran articles insinuating they were gay; both men won their lawsuits. In 2003 in Finland, member of parliament Tony Halme was threatened with legal action for mistakenly calling president Tarja Halonen a lesbian.
This is a list of laws around the world concerning homosexuality. The list is arranged alphabetically by region. It should be noted that this list should not be assumed to represent a standard for measuring a nation’s views, per se. Many nations which retained negative laws for a lengthy period of time, or even retain them today may in practice be societies that are not oppressive of homosexuality, with such laws simply being unenforced anachronisms. Similarly, a country which lacks formal laws against it may possess a culture which is openly hostile and may chose to persecute individuals by other means.
Homosexuality laws
Africa
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Algeria | Yes | 3 years | Fine | – | No | |
| Angola | Yes | Unknown | Unknown | – | No | |
| Benin | Yes | 3 years | Unknown | – | No | |
| Botswana | Yes | 5 years | Fine | – | No | |
| Burkina Faso | No | – | – | – | No | |
| Burundi | No | – | – | – | No | |
| Cameroon | Yes | 5 years | Fine | – | No | |
| Cape Verde | No | – | – | – | No | |
| Central African Republic | No | – | – | – | No | |
| Chad | No | – | – | – | No | |
| Comoros | No | – | – | – | No | |
| Republic of the Congo | No | – | – | – | No | |
| Côte d’Ivoire | No | – | – | – | No | |
| Djibouti | Yes | Unknown | Unknown | – | No | |
| Egypt | No | – | – | – | No | Although not illegal, commonly oppressed with vague morality laws. |
| Equatorial Guinea | No | – | – | – | No | |
| Eritrea | Yes | 3 years | 10 days | – | No | |
| Ethiopia | Yes | 5 years | 10 days | – | No | |
| Gabon | No | – | – | – | No | |
| Gambia | Yes | 14 years | Fine | – | No | |
| Ghana | Yes | Uknown | Unknown | – | No | |
| Guinea | Yes | 3 years | 6 months | – | No | |
| Guinea Bissau | No | – | – | – | No | |
| Kenya | Male Only | 5 years | Fine | – | No | |
| Lesotho | Male Only | Unknown | Unknown | – | No | |
| Liberia | Yes | Fine | Fine | – | No | |
| Libya | Yes | 5 years | Fine | – | No | |
| Madagascar | No | – | – | – | No | |
| Malawi | Yes | 14 years | Unknown | – | No | |
| Mali | No | – | – | – | No | |
| Mauritania | Yes | Death | Death | – | No | |
| Mauritius | Yes | 5 years | Fine | – | No | |
| Morocco | Yes | 3 years | 6 months | – | No | |
| Mozambique | Yes | 3 years | Fine | – | No | |
| Namibia | Male Only | Unknown | Unknown | – | Yes | Laws against discrimination in Labour Code since 1992 |
| Niger | No | – | – | – | No | |
| Nigeria | Male Only | 14 years (but see comment) | Fine (but see comment) | – | No | Areas under Sharia have instituted death for men and women. |
| Rwanda | No | – | – | – | No | |
| São Tomé and Príncipe | Yes | Unknown | Unknown | – | No | |
| Senegal | Yes | 5 years | 1 month | – | No | |
| Seychelles | Yes | Unknown | Unknown | – | No | |
| Sierra Leone | Yes | Unknown | Unknown | – | Yes (?) | The Anti-Corruption Commission stated in a press release that in a bid to attract competent and qualified staff, they operate a transparent recruitment policy, which even forbids discrimination on the basis of sexual orientation. |
| Somalia | Yes | 3 years (but see comment) | 3 years (but see comment) | – | No | Areas under Sharia have instituted death for men and women. |
| South Africa | No | – | – | Same Sex Marriage since 2006 | Yes | Constitution explicitly protects against sexual orientation discrimination. |
| Sudan | Yes | Death | Death | – | No | |
| Swaziland | Male Only | Prison | Fine | – | No | |
| Tanzania | Yes | 25 years | 7 years | – | No | Max. penalty applies to men and min. penalty to women in Zanzibar. |
| Togo | Yes | 3 years | Fine | – | No | |
| Tunisia | Yes | 3 years | Fine | – | No | |
| Uganda | Male Only | Life (20 years) | Fine | – | No | |
| Zambia | Male Only | 14 years | Fine | – | No | |
| Zimbabwe | Male Only | 3 years | Fine | – | No |
Asia
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Afghanistan | Yes | 15 years | 5 years | – | No | Homosexuality is still a crime, but the death penalty (imposed under the Taliban) is no longer used. |
| Bahrain | Male Only | 10 years | Fine | – | No | |
| Bangladesh | Yes | 10 years | Fine | – | No | |
| Bhutan | Yes | Unknown | Unknown | – | No | |
| Brunei | Yes | 10 years | Fine | – | No | |
| Cambodia | No | – | – | – | No | Former king Norodom Sihanouk has called for legalization of same-sex marriage. |
| China (PRC) | No | – | – | – | No | Marriage laws under-review. |
| Hong Kong | No | – | – | – | Considered | Court ruling in 2005 equalised age of consent with that for heterosexual sex. |
| India | Yes | Life | Fine | – | No | Law remains on books but government does not prosecute, criminalizes ‘carnal intercourse against the order of nature with any man, woman, or animal’; |
| Indonesia | No | – | – | – | No | In 2003 a proposal to criminalize homosexuality failed. |
| Iran | Yes | Death | Death | – | No | Sex reassignment surgery allowed to treat Gender Disphoria. Death penalty still applies for homosexuality. |
| Iraq | Unknown | – | – | – | No | Criminal code amended to include death penalty for homosexuality in 2001. The U.S. occupation restored the criminal code back to its original 1969 edition. As can be seen with gay rights in Iraq no provisions of the current Iraqi criminal code deal with homosexuality. However by the government has issued a decree allowing Islamic laws. |
| Israel | No | – | – | – | Yes | Fairly strong support for giving legal recognition to same-sex couples. Only Middle Eastern nation to support gay rights legislation. The armed forces of Israel allow service without any distinction based on sexual orientation. Gay rights in Israel |
| Japan | No | – | – | – | Yes | AD in Human Rights Act since 2001 |
| Jordan | No | – | – | – | No | While not a crime, reports have shown that gays can be victims of “honor killings.” |
| Kazhakstan | No | – | – | – | No | |
| Kuwait | Yes | 7 years | Fine | – | No | |
| Kyrgyzstan | No | – | – | – | No | |
| Laos | No | – | – | – | No | |
| Lebanon | Yes | 1 year | Fine | – | No | |
| Macao | No | – | – | – | No | |
| Malaysia | Yes | 20 years | Fine | – | No | |
| Mongolia | No | – | – | – | No | |
| Myanmar | Yes | 10 years | Fine | – | No | |
| Nepal | Yes | 1 year | – | – | No | |
| North Korea | No | – | – | – | No | No public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. |
| Oman | Yes | 3 years | Fine | – | No | |
| Pakistan | Male Only | 2 years | Fine | – | No | |
| Palestine | No | – | – | – | No | Gay Palestinians often attempt to flee to Israel as they are targeted for death in Palestinian-controlled areas. See Palestinian Issues in Gay rights in Israel. |
| Philippines | No | – | – | – | Considered | Communist Party facilitates same-sex marriage. Same-sex marriages banned since 2003. |
| Qatar | Yes | 5 years | Fine | – | No | |
| Saudi Arabia | Yes | Death | Death | – | No | Jail time, fines or whipping may be used in lieu of the death penalty. |
| Singapore | Yes | Fine | 2 years | – | No | Law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties. [3] Government officials have made calls to embrace diversity. Former Prime Minister Goh Chok Tong stated that open homosexuals can be employed in the civil workforce |
| South Korea | No | – | – | – | Yes | Article 31 of the National Human Rights Committee Law states that “no individual is to be discriminated against on the basis of his or her sexual orientation”, however, the government continues to discriminate against sexual minorities. |
| Sri Lanka | Yes | 2 years | Fine | – | No | |
| Syria | Yes | 1 year | Fine | – | No | |
| Taiwan (ROC) | No | – | – | – | No | Pending law allows civil unions or same-sex marriage. Transsexuals allowed to change legal gender, but only after sex reassignment surgery. Anti-gay discrimination banned in employment and education. |
| Tajikistan | No | – | – | – | No | |
| Thailand | No | – | – | – | No | Thailand now permits gays and transsexuals to serve in its military. [4] |
| Turkey | No | – | – | – | No | |
| Turkmenistan | Male Only | 2 years | Fine | – | No | |
| Uzbekistan | Male Only | 3 years | Fine | – | No | Only applies to anal sex. |
| Vietnam | No | – | – | – | No | Same-sex marriages banned since 1998. Reports suggest that this law may extend to a prohibition on same-sex couples living together or having any sort of public commitment celebration. |
| Yemen | Yes | Death | Death | – | No |
Australasia and Oceania
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Australia | No | – | – | Civil unions in Tasmania, Domestic partnerships. | Yes (in all territories) | Domestic partnerships in all but South Australia and Victoria. Same-sex marriages banned. Tasmania propose legalise same-sex marriage project on April 2005. |
| Cook Islands | Male Only | 14 years | Fine | – | No | |
| Fiji | Male Only | 14 years | Fine | – | Yes | Law ruled unconstitutional by Fiji High Court on August 26, 2005. Constitution explicitly protects against sexual orientation discrimination. |
| Guam | No | – | – | – | No | |
| Kiribati | Male Only | 14 years | Fine | – | No | |
| Maldives | Male Only | 10 years | Fine | – | No | |
| Marshall Islands | Male Only | 10 years | Fine | – | No | |
| Micronesia | No | – | – | – | No | |
| Nauru | Unknown | Unknown | Unknown | – | No | |
| New Caledonia | No | – | – | Considered. | No | |
| New Zealand | No | – | – | Civil unions | Yes | |
| Niue | Male Only | 10 years | Fine | – | No | |
| Papua New Guinea | Male Only | 14 years | Fine | – | No | |
| Samoa | Yes | 7 years | Fine | – | No | |
| Solomon Islands | Yes | 14 years | Fine | – | No | |
| Tahiti | No | – | – | – | No | |
| Tokelau | Male Only | 10 years | Fine | – | No | |
| Tonga | Male Only | 10 years | Fine | – | No | |
| Tuvalu | Male Only | 14 years | Fine | – | No | |
| Vanuatu | No | – | – | – | No |
Europe
European Union law forbids discrimination on the grounds of sexual orientation. All EU states are required to legalise same-sex sexual activity and implement anti-discrimination laws.
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Albania | No | – | – | No | ||
| Andorra | No | – | – | Stable unions | Unknown | |
| Armenia | No | – | – | No | ||
| Austria | No | – | – | Yes | ||
| Azerbaijan | No | – | – | No | ||
| Belgium | No | – | – | Same-sex marriage | Yes | |
| Belarus | No | – | – | No | ||
| Bosnia-Herzegovina | No | – | – | Yes | AD in Gender Equality Act since 2003 | |
| Bulgaria | No | – | – | Yes | ||
| Croatia | No | – | – | Unregistered cohabitation | Yes | |
| Cyprus | No | – | – | Yes | ||
| Czech Republic | No | – | – | Yes | ||
| Denmark | No | – | – | Registered partnership | Yes | |
| Estonia | No | – | – | Yes | ||
| Faroe Islands | No | – | – | No | ||
| Finland | No | – | – | Registered partnership | Yes | |
| France | No | – | – | Civil pact | Yes | |
| Georgia | No | Yes | ||||
| Germany | No | – | – | Registered partnership | Yes | |
| Greece | No | – | – | Yes | ||
| Guernsey | – | – | Yes | |||
| Hungary | No | – | – | Unregistered cohabitation | Yes | |
| Iceland | No | – | – | Registered partnership | Yes | |
| Ireland | No | – | – | Yes | ||
| Isle of Man | No | – | – | Yes | ||
| Italy | No | – | – | Some regions | Yes | Civil unions are recognised in Tuscany, Umbria, Emilia Romagna, Campania, Marche, Veneto, Puglia and Lazio. |
| Jersey | No | – | – | No | ||
| Latvia | No | – | – | Yes | Same-sex marriages banned. | |
| Liechtenstein | No | – | – | No | ||
| Lithuania | No | – | – | Yes | ||
| Luxembourg | No | – | – | Registered partnerships | Yes | |
| Macedonia | No | – | – | No | ||
| Malta | No | – | – | Yes | ||
| Moldova | No | – | – | In consideration | ||
| Monaco | No | – | – | Yes | Yes | |
| Montenegro | No | – | – | No | ||
| Netherlands | No | – | – | Same-sex marriage and Registered partnerships | Yes | |
| Norway | No | – | – | Registered partnership | Yes | |
| Poland | No | – | – | Yes | ||
| Portugal | No | – | – | Unregistered cohabitation | Yes | |
| Romania | No | – | – | Yes | ||
| Russia | Yes | No | ||||
| San Marino | No | – | – | No | ||
| Serbia | No | – | – | Yes | AD in Kosovo since 2001 | |
| Slovakia | No | – | – | Yes | ||
| Slovenia | No | – | – | Registered partnership | Yes | |
| Spain | No | – | – | Same-sex marriage | Yes | Unregistered and Registered Cohabitation in a number of regions |
| Sweden | No | – | – | Registered partnership | Yes | |
| Switzerland | No | – | – | Registered partnership | No | |
| Ukraine | No | – | – | No | ||
| United Kingdom | No | – | – | Same-sex marriage and Civil Partnerships | Yes | |
| Vatican City | No | – | – | No | Homosexuality is technically legal, but contrary to the teachings of the ruling Roman Catholic Church. |
North America
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Antigua and Barbuda | Male Only | 15 years | – | Unknown | ||
| Aruba | No | – | – | Unknown | 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, the Aruban Government says it won’t recognise them. A judge ruled in favour of the Dutch Government, case is now pending in higher court. |
| Bahamas | No | – | – | – | No | |
| Barbados | Yes | Life | – | – | No | Laws currently under-review. |
| Belize | Yes | Unknown | – | – | No | |
| Bermuda | No | – | – | – | Under consideration | |
| Canada | No | – | – | Same-sex marriage | Yes. By constitution since Egan v. Canada; by all provincial/territorial civil rights codes since Vriend v. Alberta. | Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. |
| Cayman Islands | No | – | – | – | Yes | |
| Costa Rica | No | – | – | – | Yes | Same-sex marriages banned. Scandalous sodomy is banned. |
| Cuba | No | – | – | – | No | In the 1960s-1970s gays were sent to concentration camps. Cubans infected with AIDS were quarantined until 1993. In theory private acts of homosexuality between consenting adults are not a crime. Adult homosexual relations were decriminalized in 1979. However, the ‘public manifestation’ law against homosexuality is used against transgender people, effeminate men or any public displays of same-sex affection. In 1997 Penal Code was changed. The offence designated ‘public scandal’ was changed to “sexual insult” which now includes harassment with “sexual demands” instead of “hassling with homosexual demands”. |
| Dominican Republic | No | – | – | – | No | |
| El Salvador | No | – | – | – | No | |
| Grenada | Male Only | 10 years | – | – | No | |
| Guadeloupe | No | – | – | Pacte civil de solidarité | Yes | |
| Guatemala | No | – | – | – | Yes | AD in Youth and Childhood Act since 1997 |
| Haiti | No | – | – | – | No | |
| Honduras | No | – | – | – | No | Same-sex marriages and adoption banned in the Constitution since 2005. |
| Jamaica | Male Only | 10 years | 10 years | – | No | |
| Martinique | No | – | – | Pacte civil de solidarité | Yes | |
| Mexico | No | – | – | – | Yes | |
| Netherlands Antilles | No | – | – | Yes | Yes | As part of the Kingdom of the Netherlands, civil unions and same-sex marriage are recognized as valid, however, they cannot be performed in the Netherlands Antilles themselves. |
| Nicaragua | Yes | 3 years | Fine | – | No | |
| Panama | No | – | – | – | No | |
| Saint Kitts and Nevis | Male Only | – | – | – | No | |
| Saint Lucia | Male Only | 25 years | Fine | – | No | |
| Saint Vincent and the Grenadines | Male Only | Unknown | Unknown | – | No | |
| Trinidad and Tobago | Male Only | 10 years | Fine | – | No | |
| Turks and Caicos Islands | No | – | – | – | No | |
| United States | No. See Lawrence v. Texas | – | – | Some states have same-sex marriage, some have civil unions. Some have neither. | Yes. Some states cover sexual orientation and gender identity, some only cover sexual orientation and some do not cover either. See National Gay and Lesbian Task Force Resource Library [5] |
South America
| Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
| Argentina | No | – | – | Civil unions in Buenos Aires and Rio Negro Province. | Yes | |
| Bolivia | No | – | – | – | No | |
| Brazil | No | – | – | Civil unions in Rio Grande do Sul. | In some cities and states. Other Brazilian locations do not have specific laws to protect LGBT people. | |
| Chile | No | – | – | – | Yes | |
| Colombia | No | – | – | – | No | |
| Ecuador | No | – | – | – | Yes | |
| Falkland Islands | No | – | – | Yes | No | |
| French Guiana | No | – | – | Yes. See Pacte civil de solidarité. | Yes | |
| Guyana | Male Only | – | – | – | Under consideration | |
| Paraguay | No | – | – | – | No | |
| Peru | No | – | – | – | Yes | |
| Surinam | No | – | – | – | No | |
| Uruguay | No | – | – | – | Yes | |
| Venezuela | No | – | – | – | Yes |
External links
- Antidiscrimination Legislation, April 1999, a worldwide summary (IGLHRC) (pdf)
- International Gay and Lesbian Human Rights Commission (IGLHRC)
- International Lesbian and Gay Association
- International Lesbian and Gay Association World Legal Survey (2000)
- Sodomy Laws Around the World
- State Homophobia, world map, ILGA (2004)
- 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)
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