LGBTQ rights in Vatican City | |
---|---|
Status | Legal since 1890, as part of Italy |
Gender identity | No |
Military | No army |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No legal recognition |
Adoption | No |
The legal code regarding lesbian, gay, bisexual, and transgender (LGBT) rights in Vatican City is based on the Italian Zanardelli Code of 1889, since the founding of the sovereign state of Vatican City in 1929.
Although Pope Francis, the incumbent Sovereign of Vatican City, has expressed support for same-sex civil unions outside of the Catholic Church, he remains firm that the Sacrament of Marriage is between a man and a woman as instituted by God. [1] [2]
Since 1890, the territory of what is now Vatican City has had no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity. [3] The age of consent is currently set at 18 years for all persons, regardless of gender; in the case of sexual relations within marriage – only in the cases of marriages recognized as valid by the Catholic Church and by the laws of Vatican City [4] – the legal age is set at 14 years old. [5]
Foreign diplomats, in order to be accredited, must not be part of a same-sex family, [6] and must not be divorced. [7] In 2008, Jean-Loup Kuhn-Delforge, who is an openly-gay diplomat, and who is in a civil pact with his partner, was rejected by Roman Catholic officials to be the French ambassador to the Holy See. In 2015, Laurent Stefanini, an openly-gay practising Catholic diplomat was rejected by Roman Catholic officials to be the French ambassador to the Holy See, despite being single. He was backed by President Francois Hollande and was supported by France's top Curia cardinal, Jean-Louis Tauran, who was the Camerlengo of the Holy Roman Church, and Cardinal André Vingt-Trois, Archbishop of Paris. France kept their ambassador position vacant from March 2015 to May 2016 in protest, before nominating another diplomat in May 2016. [8] [9]
In November 2024, it was reported by various news and media outlets that an “underground network of gay priests was running within Vatican City”. [10]
Vatican City State does not have any civil rights provisions that include sexual orientation or gender identity.
Vatican City has always expressed disagreement with any civil recognition of same-sex unions, same-sex marriage, and against the granting of adoption rights to same-sex couples. [11]
The Vatican reserves the right to remove, suspend and dismiss immediately any official and employee who publicly admits to being gay or questions the general policy of the Vatican towards homosexuals. [12] [13]
On 13 January 1998, the LGBT activist of Arcigay Alfredo Ormando set himself on fire on St. Peter's Square (which is under the jurisdiction of the Vatican City) in protest against the attitude of deep-rooted refusal that has always been expressed by the Catholic religion towards homosexuality. As a result of the severe burns suffered, he died a few days later in a hospital. [16] [17]
In 2021, the Vatican foreign minister, Archbishop Paul Richard Gallagher, delivered a letter to the Italian ambassador to the Holy See, expressing "concerns" over a bill in the Italian Parliament meant to legally protect LGBT Italians against violence and discrimination. The letter claimed the section of the bill prohibiting incitement of hatred on the basis of sexual orientation and gender identity constituted a violation of freedom of speech and of religion, and asked for the draft law's text to be reformulated. [18] [19] [20]
Same-sex sexual activity legal | (Since 1890) |
Equal age of consent (18) | (Since 1890) |
Anti-discrimination laws in employment only | (The Holy See reserves the right to remove, suspend and dismiss immediately any employee declaring themselves homosexual or against the position of the Catholic Church on homosexuality or transsexuality) |
Anti-discrimination laws in the provision of goods and services | |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
Same-sex marriage | |
Gays, lesbians and bisexuals allowed to serve openly in the Gendarmerie Corps and the Pontifical Swiss Guard | |
Access to IVF for lesbians | |
Commercial surrogacy for gay male couples | |
Allowed to donate blood | There is no official policy to ban blood donation for LGBT individuals; however, there are no hospitals in the Vatican to donate blood at. [21] |
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.
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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Georgia face severe challenges not experienced by non-LGBTQ residents. However, Georgia is one of the few post-Soviet states that directly prohibits discrimination against all LGBTQ people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
The relationship between the Catholic Church and homosexuality is complex and often contentious, involving various conflicting views between the Catholic Church and some in the LGBTQ community. According to Catholic doctrine, solely having same-sex attractions itself is not considered inherently sinful; it is the act of engaging in sexual activity with someone of the same sex that is regarded as a grave sin against chastity. The Church also does not recognize nor perform any sacramental marriages between same-sex couples. However, the Catechism of the Catholic Church emphasizes that all same-sex individuals must "be accepted and treated with respect, compassion, and sensitivity," and that all forms of unjust discrimination should be discouraged and avoided at all cost.
LGBTQ people in the Dominican Republic do not possess the same legal protections as non-LGBTQ residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
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Many views are held or have been expressed by religious organisation in relation to same-sex marriage. Arguments both in favor of and in opposition to same-sex marriage are often made on religious grounds and/or formulated in terms of religious doctrine. Although many of the world's religions are opposed to same-sex marriage, the number of religious denominations that are conducting same-sex marriages have been increasing since 2010. Religious views on same-sex marriage are closely related to religious views on homosexuality.
The following outline offers an overview and guide to LGBTQ topics:
The Christian tradition has generally proscribed any and all noncoital genital activities, whether engaged in by couples or individuals, regardless of whether they were of the same or different sex. The position of the Roman Catholic Church with regards to homosexuality developed from the writings of Paul the Apostle and the teachings of the Church Fathers. These were in stark contrast to contemporary Greek and Roman attitudes towards same-sex relations which were more relaxed.
The Catholic Church has intervened in political discourses to enact legislative and constitutional provisions establishing marriage as the union of a man and a woman, resisting efforts by civil governments to establish either civil unions or same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.
Dissent from the Catholic Church's teaching on homosexuality has come with a number of practical and ministerial arguments from both the clergy and the laity of the Catholic Church. The Catholic Church teaches that while being gay is not a sin in and of itself, any sex outside of marriage, including between same-sex partners, is sinful, and therefore being gay makes one inclined towards this particular sin.
The political activity of the Catholic Church on LGBTQ issues mainly consists of efforts made by the Catholic Church to support or oppose civil government legislation on issues of importance to LGBTQ people. While the Church has condemned violence against gay and lesbian individuals, it has also, in some countries, opposed efforts to decriminalize homosexuality and resist anti-discrimination measures. The Church advocates for marriage to be legally defined as a union between one man and one woman, thus generally opposing the legalization of same-sex marriages. Opinions on specific LGBTQ issues have been variable and have evolved over time. The Church asserts that certain forms of discrimination against LGBTQ people in some contexts are justifiable in service to the common good.
Pope Francis, the head of the Catholic Church since 2013, has adopted a significantly more accommodating tone on LGBT topics than his predecessors. In July 2013, his televised "Who am I to judge?" statement was widely reported in the international press, becoming one of his most famous statements on LGBT people. In other public statements, Francis has emphasised the need to accept, welcome, and accompany LGBT people, including LGBT children, and has denounced laws criminalising homosexuality. While he has reiterated traditional Catholic teaching that marriage is between a man and a woman, he has supported same-sex civil unions as legal protections for same-sex couples. Under his pontificate, the Dicastery for the Doctrine of the Faith has confirmed that transgender people can be baptised, and allowed the blessing of same-sex couples in the document Fiducia supplicans. Francis has privately met many LGBT people and activists. In 2013, Francis was named as Person of the Year by The Advocate, an American LGBT magazine.