LGBT history in Portugal

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The revolution of 25 April 1974, also known as the Carnation Revolution, is credited as being a crucial point in the change of LGBT representation within Portugal. [1] Despite the overthrow of Portugal's dictatorships, the LGBT community was still sparsely discussed until the change of Portugal's Penal Code which decriminalized homosexuality as well as other things. [2] From this point on, the LGBT movement made a slow climb into the public light and when Portugal joined the European Economic Community in 1986, their antidiscrimination policy caused substantial growth within the movement. [2] While there was a variety of different movements and problems that arose during the 90s in relation to the LGBT movement, real change didn't happen until 2001 when parliament approved a law that "recognized cohabitation regardless of sexual orientation". [2] Within the next decade and a half Portugal would go on to legalize same-sex marriage, [3] adoption [4] and established the procedure for legally changing an individual's gender. [5]

Contents

De Facto Union

A de facto union, also known as common-law marriage, is when two individuals who have been together for two years or more are considered legally married without the marriage being on paper. [6] On 11 May 2001 Portugal's parliament approved a change to the de facto union law that extended the unions to same-sex couples. [7]

Same-Sex Marriage

On 31 May 2010 the law 9/2010 legalized and recognized the marriage of same-sex couples. [7] This piece of legislation put Portugal at eighth in the world to legalize same-sex marriage and set them at the front of the LGBT citizenship rights within Europe. [2]

Transgender Legislation

On 15 March 2011, law number 7/2011 established the process for those who identify with the opposite sex to legally change their gender and name within the civil registry. [5] This legislation specifically allows individuals who are transgender to change their identity without gender changing surgery as long as they have obtained an official gender dysphoria diagnosis. [7] However, the diagnosis has to be made by a team of experts that specializes in "medical sexology", works within public or private medical offices in Portugal or another country, and the diagnosis must be reviewed and signed off by a psychologist and physician. [7]

Same-Sex Adoption

On 29 February 2016, law number 2/2016 made is illegal to discriminate against same-sex couples who wanted to adopt. [4]  This legislation also prevents discrimination when trying to acquire a civil sponsorship or any other family legal relationships. [4] Prior to this law being passed in March 2014, there was an attempt to grant same-sex couples the same adoption rights as opposite sex couples but lost the 107 who were in favor lost in Parliament to the 111 who were against it. [7]

Related Research Articles

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

<span class="mw-page-title-main">LGBT rights by country or territory</span>

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.

Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to license and perform same-sex marriages. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.

<span class="mw-page-title-main">LGBT rights in Brazil</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.

Same-sex marriage has been legal in Portugal since 5 June 2010. The XVIII Constitutional Government of Portugal under Prime Minister José Sócrates introduced a bill for legalization in December 2009. It was passed by the Assembly of the Republic in February 2010, and was declared legally valid by the Portuguese Constitutional Court in April 2010. On 17 May 2010, President Aníbal Cavaco Silva ratified the law, making Portugal the sixth country in Europe and the eighth in the world to allow same-sex marriage nationwide. The law was published in the Diário da República on 31 May and became effective on 5 June 2010. Polling suggests that a significant majority of Portuguese people support the legal recognition of same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Sweden</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Sweden are regarded as some of the most progressive in Europe and the world. Same-sex sexual activity was legalized in 1944 and the age of consent was equalized to that of heterosexual activity in 1972. Sweden also became the first country in the world to allow transgender people to change their legal gender post-sex reassignment surgery in 1972, whilst transvestism was declassified as an illness in 2009. Legislation allowing legal gender changes without hormone replacement therapy and sex reassignment surgery was passed in 2013.

<span class="mw-page-title-main">LGBT rights in Portugal</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Portugal are among the most advanced in the world; having improved substantially in the 21st century. After a long period of oppression during the Estado Novo, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982, eight years after the Carnation Revolution. Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution. On 5 June 2010, the state became the eighth in the world to recognize same-sex marriage. On 1 March 2011, a gender identity law, said to be one of the most advanced in the world, was passed to simplify the process of sex and name change for transgender people. Same-sex couples have been permitted to adopt since 1 March 2016.

<span class="mw-page-title-main">LGBT rights in Europe</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.

<span class="mw-page-title-main">LGBT rights in Uruguay</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Uruguay rank among the highest in the world. Same-sex sexual activity has been legal with an equal age of consent since 1934. Anti-discrimination laws protecting LGBT people have been in place since 2004. Civil unions for same-sex couples have been allowed since 2008 and same-sex marriages since 2013, in accordance with the nation's same-sex marriage law passed in early 2013. Additionally, same-sex couples have been allowed to jointly adopt since 2009 and gays, lesbians and bisexuals are allowed to serve openly in the military. Finally, in 2018, a new law guaranteed the human rights of the trans population.

<span class="mw-page-title-main">LGBT rights in Angola</span> Overview of the LGBT rights in Angola

Lesbian, gay, bisexual, and transgender (LGBT) rights in Angola have seen improvements in the early 21st century. In November 2020, the National Assembly approved a new penal code, which legalised consenting same-sex sexual activity. Additionally, employment discrimination on the basis of sexual orientation has been banned, making Angola one of the few African countries to have such protections for LGBT people.

<span class="mw-page-title-main">LGBT rights in Honduras</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Honduras face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Honduras.

<span class="mw-page-title-main">LGBT rights in Africa</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe and Oceania.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

<span class="mw-page-title-main">LGBT rights in Macau</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Macau, a special administrative region of China, face legal challenges not experienced by non-LGBT residents. While same-sex sexual activity was decriminalized in 1996, same-sex couples and households headed by same-sex couples remain ineligible for some legal rights available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in the Northern Territory</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

This is a list of notable events in the history of LGBT rights that took place in the year 2017.

Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.

This is a list of notable events in LGBT rights that took place in the 2010s.

<span class="mw-page-title-main">Human rights in Portugal</span>

Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The country's minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.

Mozambique does not recognize same-sex marriages or civil unions. The Family Code of Mozambique recognises de facto unions but only for opposite-sex couples and bans same-sex marriage.

References

  1. ↑ Cascais, António Fernando (1 July 2009). "Different as Only We Can Be. Portuguese LGBT Associations in Three Movements". RCCS Annual Review. A selection from the Portuguese journal Revista Crítica de Ciências Sociais (#0). doi: 10.4000/rccsar.131 . ISSN   1647-3175.
  2. 1 2 3 4 Santos, Ana Cristina (1 March 2013). "Are we there yet? Queer sexual encounters, legal recognition and homonormativity". Journal of Gender Studies. 22 (1): 54–64. doi:10.1080/09589236.2012.745682. hdl: 10316/46475 . ISSN   0958-9236. S2CID   144572993.
  3. ↑ "Lei 9/2010, 2010-05-31". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
  4. 1 2 3 "Lei 2/2016, 2016-02-29". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
  5. 1 2 "Lei 7/2011, 2011-03-15". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
  6. ↑ "Medidas de protecção das uniões de facto". Diário da República Eletrónico (in Portuguese). Retrieved 21 April 2021.
  7. 1 2 3 4 5 Office of the United Nations High Commissioner for Human Rights. (2015, January). Reply of Portugal to the OHCHR’s request for information on the implementation of HRC resolution 27/32 on human rights, sexual orientation and gender identity. https://www.ohchr.org/Documents/Issues/Discrimination/LGBT/Res_27_32/Portugal.pdf
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