LGBT Laws by Country - International Laws that Affect Gays and Lesbians

Countries differ widely in their cultural and legal attitude to sexuality – for this reason, international LGBT laws too fall within a wide spectrum, at one end of which is legal recognition of same-sex marriage and at the other, is punishment by death for same-sex partners. Many countries again fall somewhere in the middle with higher consent age for same-sex partnerships or where anti-LGBT laws are not strictly enforced. Here is brief account of international laws that affect gays and lesbians, according to the degree of LGBT rights they endorse.

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Countries with anti-LGBT laws

Most countries in Africa and Asia have severe laws punishing same-sex sexual activity and deny them the basics of human rights. A mix of traditional culture and religious extremism has served to keep anti-LGBT laws in place in these countries which include but are not limited to sodomy laws penalizing consensual same-sex sexual activity with fines, jail terms, or the death penalty, anti-'lesbianism' laws, and those which deny them fundamental human rights like access to employment, housing and so on.

In almost all northern African countries like Algeria, Sudan, Libya, Tunisia and Morocco, same-sex sexual activity is illegal with jail terms varying from two years as in Algeria to corporal punishment as in Sudan. In Egypt while same-sex sexual activity is not specifically outlawed, it may be punished by bringing other laws – like rape or sodomy – into force. Among these countries, only Canary Islands – which falls under the Region of Spain – has pro-LGBT laws, ranging from legality of same-sex sexual relationships to allowing them to adopt, serve in the military as well as anti-discrimination laws.

The practice of complete opposition to LGBT rights extends to most western African nations as well like Ghana, Gambia, Guinea, Liberia, Nigeria, Senegal, Sierra Leone and Senegal. However in some smaller states like Burkina Faso, Cape Verde and Cote de Ivoire, same-sex sexual activity may not be penalized but all other rights are prohibited to LGBT individuals and couples.
A similar pattern is seen in Central African countries with Central African Republic, Chad, Democratic Republic of Congo, Republic of Congo, Equatorial Guinea, St. Helena and Gabon removing the illegality of same-sex sexual relationships but not yet granting legal recognition to
LBGT partnerships.

In Eastern African countries too like Tanzania, Rwanda, Kenya, Somalia, Ethiopia, Eritrea, Burundi, Djibouti, the legal system is squarely opposed to LGBT laws. In Southern states like Mozambique while same-sex sexual relationships are legal, the LGBT community does not enjoy any other human equal rights with the rest of the society.

Another world region where laws are strongly opposed to LGBT rights is West Asia, primarily because of the influence of Islam and the trend of religious extremism. Sharia, the Islamic law that governs day-to-day life in many of these countries, condemns same-sex relations and calls for death or torture if a man comes out as gay. thus in nations like Bahrain, Kuwait, Lebanon, Qatar, Oman, Saudi Arabia, UAE, Syria, Iran and Yemen, the LGBT is not only discriminated against but any evidence of same-sex sexual activity is punishable by imprisonment, torture or even death. However some countries like Palestine have decriminalized same-sex sexual activities but continue to deny LGBT community other human rights. in West Asia, it is only Israel that has anti-discrimination laws in place for LGBT community even though it still does not allow same-sex marriages to be performed in the country but recognizes them if performed elsewhere.

Islamic countries in other parts of Asia like Afghanistan, Pakistan, Bangladesh, Brunei or those with totalitarian regimes like Burma again have strong anti-LGBT laws in place.

Guyana is rare among South American nations where not only the LGBT community is deprived of equal rights but where same-sex sexual activity continues to be illegal. Antigua, Barbados, Dominica, Jamaica as well as Trinidad & Tobago are among the Caribbean countries where the LGBT community has no legal recourse whatsoever.

LGBT laws in grey area

In countries like Ghana, Sierra Leone, Kenya, Zimbabwe, Swaziland, Lesotho same-sex sexual relations for females is not illegal but for men, it is. Again countries like Botswana and Namibia, LGBT sexual relations remain illegal but are usually not enforced. Also while same-sex sexual activity has been officially decriminalized in Iraq and Jordan, in day-to-day life, the LGBT community continues to face general harassment as well as state oppression.

Among the Asian countries, India and Nepal have decriminalized sexual activities in the LGBT community but have not made such partnerships legal. Even anti-discrimination laws pertaining to LGBTs are unclear even though in Nepal, "Third gender" cards have been issued since September 2007, making them a legally protected class. Likewise China, Hong Kong, Japan, South Korea, North Korea, Thailand and Vietnam have made same-sex sexual activity legal but not gone the whole gamut of protecting them from discrimination or granting same-sex relationships legal status. In Singapore while same-sex sexual activity remains illegal for men, it is legal for women. In Indonesia and Philippines too, decriminalization is only conditional since in Muslim-dominated areas, same-sex sexual activity remains illegal.

Most countries in Eastern Europe also present a mixed picture. Those like Armenia, Azerbaijan, Bosnia, Georgia, Macedonia, Ukraine and Russia have decriminalized sexual relationships in the LGBT community but continue to withhold full-fledged human rights as granted as heterosexual people. The same is true of Vatican City and Turkey owing to strong sentiments of Christianity and Islam in respective cases. However in many of East European countries like Romania, Serbia, Montenegro, Moldova and Bulgaria, gays are allowed to serve in the military and more importantly, anti-gay discrimination is prohibited by law. However legal recognition of same-sex partnerships continues to elude the LGBT community in practically all of Eastern Europe.

A few South and Central American countries also present a grey area where LGBT laws are concerned. In some like Bolivia, Chile, Paraguay, Ecuador, Peru and Venezuela, same-sex sexual activity is now legal while discrimination towards the LGBT community can be punished. However laws granting them right to adoption or legal recognition of same-sex partnership are still not in place.  The same picture is seen in Central American countries like Costa Rica, Guatemala, El Salvador, Nicaragua and Panama. Some of the states may impose a partial ban on anti-gay discrimination but on the whole the LGBT community continues to be denied equal rights as the rest of the society.

Countries where laws support LGBT rights

Laws sanctioning LGBT rights include – but are not limited to – legal recognition of same-sex partnerships, anti-discrimination laws for employment and housing, hate crime laws providing enhanced criminal penalties for prejudice-motivated violence against LGBT people, equal age of consent laws, and laws related to sexual orientation .

Even among countries where the legal system is oriented towards protection of LGBT rights, some variations exist. At one end of the spectrum are those countries where same-sex marriages are legally allowed and LGBT community enjoys all rights as the rest of the society - for instance the Netherlands which in 2001, became the first country in the world to legalize same-sex marriages. The law legalizing same-sex marriage is only valid in the European territory of the Netherlands and does not apply to the constituent countries of the Kingdom of the Netherlands; thus same-sex couples cannot get legally married in Aruba, Curacao and Sin Martin though Dutch law makes it imperative that any marriage by Dutch law be recognized in all parts of the Kingdom of Netherlands. Same sex marriages are also allowed in Belgium . Initially there were restrictions based on the nationality of the partners, but as of now Belgian permits any couple to marry in Belgium if at least one of the spouses has lived in the country for a minimum of three months. In 2009, two Scandinavian countries, Norway and Sweden legalized same-sex marriages by adopting a new, gender-neutral law on marriage. Now Denmark and Iceland have also granted all rights to the LGBT community even though Finland and Greenland have still not allowed marriage and allow adoption of only step children by same-sex parents.

While northern European countries were first to take the lead in legalizing same-sex marriages, Spain became the first from southern Europe to take such a step on July 2005 after the Spanish Parliament passed the gay marriage measure. The law also allows gay couples to adopt children and inherit property. The law had aroused a lot of controversy since Spain is a predominantly Catholic nation and the Catholic Church has been officially opposed to same-sex marriages.

In Canada, same-sex marriages became legally recognized nationwide from 2005, with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition; Canada thus became the fourth country in the world and the first in North America to
legalize same sex marriages across the nation.

United States presents a slightly different picture  - since laws governing marriage and divorce differ according to state, same-sex marriage is thus allowed only in certain states. Here same-sex couples can legally marry in six states which include Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont as well as the District of Columbia. The states of New Jersey, Maryland, and Rhode Island do not facilitate same-sex marriages, but do recognize same-sex marriages performed in other jurisdictions. In California, same-sex marriages could be legally performed between June 16, 2008 and November 4, 2008, after which voters passed Proposition 8 prohibiting same-sex marriages. However California recognizes any same-sex marriage from around the world that took place before that end date. Some states like California, Delaware, Hawaii, Illinois, Maine, New Jersey, Nevada, Oregon, Rhode Island, Wisconsin, Washington and federal part of District of Columbia go so far as to grant civil union or domestic partnership status with varying legal benefits of marriage to same-sex couples but do not grant marriage licenses.

The Civil Union Act of South Africa legalized same-sex marriages in the country ever since it came into force on 30 November 2006. In fact South Africa was the first country in the African continent and the second outside Europe to grant legal marriage status to its same-sex couples.

The most recent country to legalize same-sex marriages has been Argentina, also the first country in South America to do so. The law grants for same-sex couples all the rights and responsibilities of marriage, including the right to adopt children. Brazil and Colombia are other South American nations where the LGBT community almost all rights as the rest of the society, ranging from legality of sexual practices to being protected against discrimination on the basis of sexuality. However the right to marriage by same-sex couples may vary according to jurisdiction. In Uruguay too while all major rights are enjoyed by the LGBT community including that of civil union, the right to marriage is still unclear.

A far more coherent picture emerges in Western Europe. Since European Union law forbids discrimination on the grounds of sexual orientation, All EU states are required to legalize homosexual activity and implement anti-discrimination laws. however the right to marriage and adoption to same-sex couples is still not granted in countries like Lithuania, Latvia, Ireland Estonia, Austria, Croatia, Czech Republic, Hungary, Slovakia, Slovenia and Switzerland. In Germany while the LGBT community can enjoy all other rights except that of marriage, it allows adoption of step-children only. UK allows its LGBT community all rights except that of marriage which is under consideration in the Parliament and expected to be passed in 2014. However Northern Ireland still does not grant its LGBT community the right to adopt children. Like Spain, Portugal has also extended full rights to its LGBT community except that only single gays can adopt in the country.

The countries of southern Europe, owing to a longtime influence of the Catholic Church are more circumspect in extending full rights to the LGBT community. Those like Malta, Italy, Greece and France have decriminalized same-sex sexual relations and also enforced non-discrimination of people on the basis of sexuality; however rights to marriage and adoption are still not in place or under
consideration as in France.