Lesbian, gay, bisexual, transgenderand queer (LGBTQ) rights in Bahia have been the subject of advances over the last few decades, driven by social movements, public policies and specific legislation. The Brazilian state is often cited as a pioneer in implementing initiatives aimed at promoting citizenship and protecting the rights of the community, in addition to acting to combat discrimination and violence.
Same-sex sexual activity has been legal in Bahia, as well as throughout Brazil, since 1830.[7]
Recognition of same-sex unions
Same-sex marriages have been recognized by notaries in the state of Bahia since November 26, 2012.
Statistics
According to the Grupo Gay da Bahia (Gay Group of Bahia – GGB), the book of homosexual stable union, instituted years ago, states that do not recognize registration of marriages in the registry, the Instituto Nacional de Segurança Social – INSS (National Institute of Social Security) still recognizes this document as a means for, occasionally, sharing inheritance, receiving a pension, etc. There are already 30 legal cases in the State of Bahia between gays and lesbians. This includes a case in which the companion died and the surviving spouse received the pension.[8]
Discrimination protections
Bahia was the first Brazilian state to enact an anti-discrimination ordinance in 1997.[9]
Transgender people have been able to change their name and legal gender since 2008,[11] and gender self-determination has been permitted since 2018.[12] The Bahia Public Defender's Office, in partnership with other agencies, carries out joint efforts to facilitate the process of document rectification for transgender people.[13]
On May 23, 2017, Governor of BahiaRui Costa signed a decree granting transgender people the right to use their social name instead of their legal name. According to the decree, the social name must be accompanied by the legal name on official documents. Minors require authorization from their guardians.[14]
On May 11, 2022, the Court of Justice of the State of Bahia has allowed a third gender option on documents.[15]
On December 26, 2024, the Governor of Bahia, Jerônimo Rodrigues, sanctioned Law 14,806 (Portuguese: Lei 14.806), which establishes exemption from costs for protest certificates, making the process of rectifying documents free of charge for transgender people.[16][13]
Salvador plays host to an annual Pride parade every September with 800,000 people having attended in 2010.[18]
Homophobia
In 2004, Grupo Gay da Bahia released a list with the names of 159 murdered members of the LGBTQ community in that year.[19] There is also a list with the names of people that allegedly suffered from human rights abuses in the same year. Some deaths caused directly by homophobia.[20]
Healthcare
The program of prevention of STD/AIDS with transvestite sex workers of Bahia presents excellent results: after research on the local community, a booklet, a folder and a poster were produced, all with realistic language and images peculiar to this subculture. Every week safer sex workshops and direct contact with the transvestites in different prostitution areas are accomplished. In six months, the program recorded 900 interventions, and distributed 14,400 condoms. Programs of STD/AIDS together with transvestite sex workers must use strong elements of the local subculture and count on the trust of the social actor in order to be successful.[21]
Politics
One of the candidates for city council of Salvador, Bahia, the third largest city in Brazil, that won the seat, was Leo Kret, a transvestite club dancer and was the most voted for of the candidates. So when she took office, she defied the dress code norms insisting that her wardrobe would be strictly feminine and insisted on using the women's restroom.[22]
Leo Kret received 12,861 votes in the city, by the Republican Party (PR-BA) in the municipal elections of 2008.[23] In the day of election, she said that she will defend the LGBT rights.[24] She has aspirations to become the president of Brazil one day.[25]
Summary table
Same-sex sexual activity legal
(Since 1830)
Equal age of consent
(Since 1830)
Anti-discrimination laws in employment only
(Since 1997 for sexual orientation; Since 2019 for gender identity)[9]
Anti-discrimination laws in the provision of goods and services
(Since 1997 for sexual orientation; Since 2019 for gender identity)[9]
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
(Since 1997 for sexual orientation; Since 2019 for gender identity)[9]
Same-sex marriages
(Since 2012)
Recognition of same-sex couples
(Since 2011)
Stepchild adoption by same-sex couples
(Since 2010)
Joint adoption by same-sex couples
(Since 2010)
LGBTQ people allowed to serve openly in the military
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