LGBT rights by country or territory

Last updated

LGBT rights worldwide
Stonewall Inn 5 pride weekend 2016.jpg
The Stonewall Inn in the gay village of Greenwich Village, Manhattan, site of the June 1969 Stonewall riots, the cradle of the modern LGBT rights movement. [1] [2] [3]
Location
Worldwide
Caused by Homophobia and transphobia
GoalsIncreasing legal rights for LGBT people
Increasing acceptance of LGBT people
Countering internalized homophobia and internalized transphobia
Methods Civil resistance
Coming out
Consciousness raising
Direct action
Resulted inSuccess at many of the aims
Legalized same-sex marriage and other LGBT rights in some jursidictions
Backlash
Continuing widespread homophobia and transphobia
v
t
e
Worldwide laws regarding same-sex intercourse and freedom of expression and association
Same-sex intercourse legal
Marriage
Marriage recognized but not performed
Civil unions
Limited legal recognition
Same-sex unions not recognized
Laws restricting freedom of expression and association
Same-sex intercourse illegal
Unenforced penalty
Imprisonment
Life imprisonment
Death penalty
Rings indicate areas where local judges have granted or denied marriages or imposed the death penalty in a jurisdiction where that is not otherwise the law or areas with a case-by-case application.
Some jurisdictions in this category may currently have other types of partnerships.
No arrests in the past three years or moratorium on law. World laws pertaining to homosexual relationships and expression.svg
Worldwide laws regarding same-sex intercourse and freedom of expression and association
Same-sex intercourse legal
  
Marriage
  
Marriage recognized but not performed
  
Civil unions
  
Limited legal recognition
  
Same-sex unions not recognized
  
Laws restricting freedom of expression and association
Same-sex intercourse illegal
  
Unenforced penalty
  
Imprisonment
  
Life imprisonment
  
Death penalty
Rings indicate areas where local judges have granted or denied marriages or imposed the death penalty in a jurisdiction where that is not otherwise the law or areas with a case-by-case application.
Some jurisdictions in this category may currently have other types of partnerships.
No arrests in the past three years or moratorium on law.
LGBT rights at the United Nations
v
t
e
Support
States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011
Oppose
States which supported an opposing declaration in 2008 and continued their opposition in 2011
Neither
States which did not support either declaration
Subsequent member
South Sudan, which was not a member of the United Nations in 2008
Non-member states
States that are not voting members of the United Nations LGBT rights at the UN (2011).svg
LGBT rights at the United Nations
  
Support States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011
  
Oppose States which supported an opposing declaration in 2008 and continued their opposition in 2011
  
Neither States which did not support either declaration
  
Subsequent member South Sudan, which was not a member of the United Nations in 2008
  
Non-member states States that are not voting members of the United Nations

Laws 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.

Lesbian Homosexual woman

A lesbian is a homosexual woman. The word lesbian is also used for women in relation to their sexual identity or sexual behavior regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexuality or same-sex attraction.

Gay is a term that primarily refers to a homosexual person or the trait of being homosexual. The term was originally used to mean "carefree", "cheerful", or "bright and showy".

Transgender Gender identity that does not match assigned sex

Transgender people have a gender identity or gender expression that differs from their assigned sex. Some transgender people identify as transsexual if they desire medical assistance to transition from one sex to another. Transgender – often shortened as trans – is also an umbrella term: in addition to including people whose gender identity is the opposite of their assigned sex, it may include people who are not exclusively masculine or feminine. Other definitions of transgender also include people who belong to a third gender, or else conceptualize transgender people as a third gender. Infrequently, the term transgender is defined very broadly to include cross-dressers, regardless of their gender identity.

Contents

Laws that affect LGBT people include, but are not limited to, the following:

Same-sex relationship

A same-sex relationship is a relationship between persons of the same sex and can take many forms, from romantic and sexual, to non-romantic homosocially-close relationships. The term is primarily associated with gay and lesbian relationships. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.

Same-sex marriage is the marriage of two persons of the same sex or gender, entered into in a civil or religious ceremony.

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant most or all of the rights of marriage except the title itself. Around the world, developed democracies began establishing civil unions in the late 1990s, often developing them from less formal domestic partnerships, which grant only some of the rights of marriage. In the majority of countries that established these unions in laws, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" or "second class" status. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only.

Notably, as of 2018, 25 countries, all of which being developed or developing democracies, recognized same-sex marriage. By contrast, as at 5 April 2019, 14 countries or jurisdictions, all of which are Islamic and ruled by sharia, impose the death penalty for homosexuality. These include Afghanistan, Brunei, Iran, Mauritania, Pakistan, Qatar, Saudi Arabia, Sudan, Yemen, the United Arab Emirates, parts of Nigeria, parts of Somalia, parts of Syria and parts of Iraq. [4]

Islam is an Abrahamic monotheistic religion teaching that there is only one God, and that Muhammad is the messenger of God. It is the world's second-largest religion with over 1.8 billion followers or 24% of the world's population, most commonly known as Muslims. Muslims make up a majority of the population in 50 countries. Islam teaches that God is merciful, all-powerful, and unique, and has guided humankind through prophets, revealed scriptures and natural signs. The primary scriptures of Islam are the Quran, viewed by Muslims as the verbatim word of God, and the teachings and normative examples of Muhammad.

Sharia, Islamic law or Sharia law is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations. The manner of its application in modern times has been a subject of dispute between Muslim fundamentalists and modernists.

The death penalty for homosexuality was historically implemented by a number of countries worldwide. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws. Being prescribed by the law does not necessarily mean that the penalty is carried out in practice. Gays have also fallen victim to extrajudicial killings by state and non-state actors.

In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBT rights, following which the Office of the United Nations High Commissioner for Human Rights issued a report documenting violations of the rights of LGBT people, including hate crimes, criminalization of homosexual activity, and discrimination. Following the issuance of the report, the United Nations urged all countries which had not yet done so to enact laws protecting basic LGBT rights. [5] [6]

United Nations Human Rights Council intergovernmental organisation

The United Nations Human Rights Council is a United Nations body whose mission is to promote and protect human rights around the world. The UNHRC has 47 members elected for staggered three-year terms on a regional group basis. The 38th session of the UNHRC began June 18, 2018. It ended on July 7, 2018. The headquarters of UNHRC is in Geneva, Switzerland.

Office of the United Nations High Commissioner for Human Rights United Nations agency

The Office of the United Nations High Commissioner for Human Rights is a department of the Secretariat of the United Nations that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the UN General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights.

A hate crime is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of his or her membership in a certain social group or race.

Ancient Celts

According to Aristotle, although most "belligerent nations" were strongly influenced by their women, the Celts were unusual because their men openly preferred male lovers ( Politics II 1269b). [7] [8] H. D. Rankin in Celts and the Classical World notes that "Athenaeus echoes this comment (603a) and so does Ammianus (30.9). It seems to be the general opinion of antiquity." [8] In book XIII of his Deipnosophists , the Roman Greek rhetorician and grammarian Athenaeus, repeating assertions made by Diodorus Siculus in the 1st century BC ( Bibliotheca historica 5:32), wrote that Celtic women were beautiful but that the men preferred to sleep together. Diodorus went further, stating that "the young men will offer themselves to strangers and are insulted if the offer is refused". Rankin argues that the ultimate source of these assertions is likely to be Poseidonius and speculates that these authors may be recording "some kind of bonding ritual ... which requires abstinence from women at certain times". [8]

Aristotle philosopher in ancient Greece

Aristotle was a philosopher during the Classical period in Ancient Greece, the founder of the Lyceum and the Peripatetic school of philosophy and Aristotelian tradition. Along with his teacher Plato, he is considered the "Father of Western Philosophy". His writings cover many subjects – including physics, biology, zoology, metaphysics, logic, ethics, aesthetics, poetry, theatre, music, rhetoric, psychology, linguistics, economics, politics and government. Aristotle provided a complex synthesis of the various philosophies existing prior to him, and it was above all from his teachings that the West inherited its intellectual lexicon, as well as problems and methods of inquiry. As a result, his philosophy has exerted a unique influence on almost every form of knowledge in the West and it continues to be a subject of contemporary philosophical discussion.

<i>Politics</i> (Aristotle) work of political philosophy by Aristotle

Politics is a work of political philosophy by Aristotle, a 4th-century BC Greek philosopher.

Ammianus Marcellinus was a Roman soldier and historian who wrote the penultimate major historical account surviving from antiquity. His work, known as the Res Gestae, chronicled in Latin the history of Rome from the accession of the Emperor Nerva in 96 to the death of Valens at the Battle of Adrianople in 378, although only the sections covering the period 353–378 survive.

Ancient India

Throughout Hindu and Vedic texts, there are many descriptions of saints, demigods, and even the Supreme Lord transcending gender norms and manifesting multiple combinations of sex and gender. [9] There are several instances in ancient Indian epic poetry of same sex depictions and unions by gods and goddesses. There are several stories depicting love between those of the same sex, especially among kings and queens. Kamasutra, the ancient Indian treatise on love talks about feelings for same sexes. Transsexuals are also venerated including Lord Vishnu as Mohini and Lord Shiva as Ardhanarishwara (which means half woman). [10]

Indian epic poetry is the epic poetry written in the Indian subcontinent, traditionally called Kavya. The Ramayana and the Mahabharata, which were originally composed in Sanskrit and later translated into many other Indian languages, and The Five Great Epics of Tamil Literature and Sangam literature are some of the oldest surviving epic poems ever written.

Mohini Only female avatar of the Hindu god Vishnu

Mohini in Hindu mythology is a goddess and the only female avatar of the Hindu god Vishnu. She is portrayed as a ''femme fatale'', an enchantress, who maddens lovers, sometimes leading them to their doom. Mohini is introduced into the Hindu mythology in the narrative epic of the Mahabharata. Here, she appears as a form of Vishnu, acquires the pot of Amrita from the thieving asuras (demons), and gives it back to the devas (gods), helping them retain their immortality.

Ancient West Asia

Ancient Israel

The ancient Law of Moses (the Torah) forbids men lying with men (intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis in the story of Sodom and Gomorrah, the cities being soon destroyed after that. The death penalty was prescribed. In Deuteronomy 22:5, cross-dressing is condemned as being "abominable".

Ancient Persia

In Persia homosexuality and homoerotic expressions were tolerated in numerous public places, from monasteries and seminaries to taverns, military camps, bathhouses, and coffee houses. In the early Safavid era (1501–1723), male houses of prostitution (amrad khane) were legally recognized and paid taxes. Persian poets, such as Sa'di (d. 1291), Hafiz (d. 1389), and Jami (d. 1492), wrote poems replete with homoerotic allusions. The two most commonly documented forms were commercial sex with transgender young males or males enacting transgender roles exemplified by the köçeks and Sufi spiritual practices in which the practitioner admired the form of a beautiful boy in order to enter ecstatic states and glimpse the beauty of God.

Assyria

In Assyrian society, sex crimes were punished identically whether they were homosexual or heterosexual. [11] An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose gender roles were not considered solidly masculine. [11] [12] Such sexual relations were even seen as good fortune, with an Akkadian tablet, the Šumma ālu , reading, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers". [13] [14] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens. [15] [16]

Middle Assyrian Law Codes dating 1075 BC has a particularly harsh law for homosexuality in the military, which reads: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch." [17] [18] [19] A similar law code reads, "If a seignior lay with his neighbor, when they have prosecuted him (and) convicted him, they shall lie with him (and) turn him into a eunuch". This law code condemns a situation that involves homosexual rape. Any Assyrian male could visit a prostitute or lie with another male, just as long as false rumors or forced sex were not involved with another male. [20]

Ancient Rome

The "conquest mentality" of the ancient Romans shaped Roman homosexual practices. [21] In the Roman Republic, a citizen's political liberty was defined in part by the right to preserve his body from physical compulsion or use by others; [22] for the male citizen to submit his body to the giving of pleasure was considered servile. [23] As long as a man played the penetrative role, it was socially acceptable and considered natural for him to have same-sex relations, without a perceived loss of his masculinity or social standing. [24] The bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed penalties on those who committed a sex crime (stuprum) against a freeborn male minor. [25] Acceptable same-sex partners were males excluded from legal protections as citizens: slaves, male prostitutes, and the infames , entertainers or others who might be technically free but whose lifestyles set them outside the law.

"Homosexual" and "heterosexual" were thus not categories of Roman sexuality, and no words exist in Latin that would precisely translate these concepts. [26] A male citizen who willingly performed oral sex or received anal sex was disparaged, but there is only limited evidence of legal penalties against these men, who were presumably "homosexual" in the modern sense. [27] In courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors were directed particularly at "democratic" politicians (populares) such as Julius Caesar and Mark Antony. [28]

Roman law addressed the rape of a male citizen as early as the 2nd century BC, when a ruling was issued in a case that may have involved a man of same-sex orientation. It was ruled that even a man who was "disreputable and questionable" had the same right as other citizens not to have his body subjected to forced sex. [29] A law probably dating to the dictatorship of Julius Caesar defined rape as forced sex against "boy, woman, or anyone"; the rapist was subject to execution, a rare penalty in Roman law. [30] A male classified as infamis, such as a prostitute or actor, could not as a matter of law be raped, nor could a slave, who was legally classified as property; the slave's owner, however, could prosecute the rapist for property damage. [31]

In the Roman army of the Republic, sex among fellow soldiers violated the decorum against intercourse with citizens and was subject to harsh penalties, including death, [32] as a violation of military discipline. [33] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "those who in youth have abused their persons" as subject to the fustuarium , clubbing to death. [34] Ancient sources are most concerned with the effects of sexual harassment by officers, but the young soldier who brought an accusation against his superior needed to show that he had not willingly taken the passive role or prostituted himself. [35] Soldiers were free to have relations with their male slaves; [36] the use of a fellow citizen-soldier's body was prohibited, not homosexual behaviors per se. [37] By the late Republic and throughout the Imperial period, there is increasing evidence that men whose lifestyle marked them as "homosexual" in the modern sense served openly. [38]

Although Roman law did not recognize marriage between men, and in general Romans regarded marriage as a heterosexual union with the primary purpose of producing children, in the early Imperial period some male couples were celebrating traditional marriage rites. Juvenal remarks with disapproval that his friends often attended such ceremonies. [39] The emperor Nero had two marriages to men, once as the bride (with a freedman Pythagoras) and once as the groom. His consort Sporus appeared in public as Nero's wife wearing the regalia that was customary for the Roman empress. [40]

Apart from measures to protect the prerogatives of citizens, the prosecution of homosexuality as a general crime began in the 3rd century of the Christian era when male prostitution was banned by Philip the Arab. By the end of the 4th century, after the Roman Empire had come under Christian rule, passive homosexuality was punishable by burning. [41] "Death by sword" was the punishment for a "man coupling like a woman" under the Theodosian Code. [42] Under Justinian, all same-sex acts, passive or active, no matter who the partners, were declared contrary to nature and punishable by death. [43]

Congo

E. E. Evans-Pritchard recorded that in the past male Azande warriors in the northern Congo routinely took on young male lovers between the ages of twelve and twenty, who helped with household tasks and participated in intercrural sex with their older husbands. The practice had died out by the early 20th century, after Europeans had gained control of African countries, but was recounted to Evans-Pritchard by the elders to whom he spoke. [44]

Feudal Japan

In feudal Japan, homosexuality was recognized, between equals (bi-do), in terms of pederasty (wakashudo), and in terms of prostitution. The younger partner in a pederastic relationship often was expected to make the first move; the opposite was true in ancient Greece. In religious circles, same-sex love spread to the warrior (samurai) class, where it was customary for a boy in the wakashū age category to undergo training in the martial arts by apprenticing to a more experienced adult man. The man was permitted, if the boy agreed, to take the boy as his lover until he came of age; this relationship, often formalized in a "brotherhood contract", [45] was expected to be exclusive, with both partners swearing to take no other (male) lovers. The Samurai period was one in which homosexuality was seen as particularly positive. Later when Japanese society became pacified, the middle classes adopted many of the practices of the warrior class.

Lesotho

Anthropologists Stephen Murray and Will Roscoe reported that women in Lesotho engaged in socially sanctioned "long term, erotic relationships" called motsoalle. [46]

Papua New Guinea

In Papua New Guinea, same-sex relationships were an integral part of the culture of certain tribes until the middle of the last century. The Etoro and Marind-anim for example, even viewed heterosexuality as wasteful and celebrated homosexuality instead. They believed that in sharing semen, they are sharing their life force, yet women simply wasted this force any time they didn't get pregnant after sex. In many traditional Melanesian cultures a prepubertal boy would be paired with an older adolescent who would become his mentor and who would "inseminate" him (orally, anally, or topically, depending on the tribe) over a number of years in order for the younger to also reach puberty. [47]

Global LGBT rights maps

Timeline

Decriminalization of homosexuality timeline
Countries/Territories/States
Never been illegal
18th century
19th century
20th century
21st century

Africa

List of countries or territories by LGBT rights in Africa
This table:

Northern Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Algeria.svg Algeria X mark.svg Illegal since 1966
Penalty: Fine and up to 2 years imprisonment. [49] [50]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of the Canary Islands.svg Canary Islands
(Autonomous community of Spain)
Yes check.svg Legal since 1979
+ UN decl. sign. [49]
Yes check.svg De facto unions legal since 2003 [51] Yes check.svg Legal since 2005 [52] Yes check.svg Legal since 2005 [53] [54] Yes check.svg Spain responsible for defence Yes check.svg Bans all anti-gay discrimination [55] Yes check.svg Since 2007, all documents can be amended to the recognised gender [56]
Flag Ceuta.svg Ceuta
(Autonomous city of Spain)
Yes check.svg Legal since 1979
+ UN decl. sign. [49]
Yes check.svg De facto union since 1998 [57] Yes check.svg Legal since 2005 [58] Yes check.svg Legal since 2005 [59] Yes check.svg Spain responsible for defence Yes check.svg Bans all anti-gay discrimination [60] Yes check.svg Since 2007, all documents can be amended to the recognised gender [56]
Flag of Egypt.svg Egypt Yes check.svg / X mark.svg Male de jure legal, but de facto illegal since 2000
Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.
Emblem-question.svg Female uncertain. [49] [61]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Libya.svg Libya X mark.svg Illegal since 1953 [62] X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Madeira.svg Madeira
(Autonomous region of Portugal)
Yes check.svg Legal since 1983
+ UN decl. sign. [49]
Yes check.svg De facto union since 2001 [63] [64] Yes check.svg Legal since 2010 [65] Yes check.svg Legal since 2016 [66] [67] [68] Yes check.svg Portugal responsible for defence Yes check.svg Bans all anti-gay discrimination. [55] Yes check.svg Since 2011, all documents can be amended to the recognised gender [69]
Flag of Melilla.svg Melilla
(Autonomous city of Spain)
Yes check.svg Legal since 1979
+ UN decl. sign. [49]
Yes check.svg De facto union since 2008 [70] Yes check.svg Legal since 2005 [58] Yes check.svg Legal since 2005 [59] Yes check.svg Spain responsible for defence Yes check.svg Bans all anti-gay discrimination [60] Yes check.svg Since 2007, all documents can be amended to the recognised gender [56]
Flag of Morocco.svg Morocco
(including Southern Provinces)
X mark.svg Illegal since 1962
Penalty: Up to 3 years imprisonment. [49] [71]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of the Sahrawi Arab Democratic Republic.svg Sahrawi Arab Democratic Republic
(Disputed territory; excluding Southern Provinces)
X mark.svg Illegal since 1944 (as part of the Overseas Province of Spanish Sahara)
Penalty: Up to 3 years imprisonment. [49] [72] [73]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of South Sudan.svg South Sudan X mark.svg Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Up to 10 years imprisonment. [49] [50]
X mark.svg X mark.svg Constitutional ban since 2011[ citation needed ] X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Sudan.svg Sudan Skull and crossbones.svg X mark.svg Illegal since 1899 (as Anglo-Egyptian Sudan)
Penalty: Death penalty on third offense for men and on fourth offense for women. [49]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Tunisia.svg Tunisia X mark.svg Illegal since 1913 (as the French protectorate of Tunisia)
Penalty: 3 years imprisonment. [49] [74]
Legalization proposed [75]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg

Western Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Benin.svg Benin Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country); [49] [76]
Age of consent discrepancy [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Burkina Faso.svg Burkina Faso Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49] X mark.svg X mark.svg Constitutional ban since 1991 X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Cape Verde.svg Cape Verde Yes check.svg Legal since 2004
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans some anti-gay discrimination [49] Emblem-question.svg
Flag of The Gambia.svg Gambia X mark.svg Illegal since 1888 (as the Gambia Colony and Protectorate)
Penalty: Up to Iife imprisonment. [49] [77] [50]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Ghana.svg Ghana X mark.svg Male illegal since 1860s (as the Gold Coast)
Penalty: 10 years imprisonment or more.
Yes check.svg Female always legal [49] [78] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Guinea.svg Guinea X mark.svg Illegal since 1988
Penalty: 6 months to 3 years imprisonment. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Guinea-Bissau.svg Guinea-Bissau Yes check.svg Legal since 1993 [49]
+ UN decl. sign.
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Cote d'Ivoire.svg Ivory Coast Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Liberia.svg Liberia X mark.svg Illegal since 1976
Penalty: 1 year imprisonment. [49] [79]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Mali.svg Mali Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49] X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Mauritania.svg Mauritania Skull and crossbones.svg X mark.svg Illegal since 1983
Penalty: Death by stoning. [49] [80]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Niger.svg Niger Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Nigeria.svg Nigeria X mark.svg Illegal under federal law since 1901 (as the Northern Nigeria Protectorate and the Southern Nigeria Protectorate)
Penalty: Up to 14 years imprisonment. Skull and crossbones.svg Death in the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. [49] [81] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Senegal.svg Senegal X mark.svg Illegal since 1966
Penalty: 1 to 5 years imprisonment. [49] [82]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Sierra Leone.svg Sierra Leone X mark.svg Male illegal since 1861 (as the Sierra Leone Colony and Protectorate)
Penalty: Up to life imprisonment (Not enforced).
Yes check.svg Female always legal
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Togo.svg Togo X mark.svg Illegal since 1884 (as Togoland)
Penalty: Fine and 3 years imprisonment. [49] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg

Central Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Cameroon.svg Cameroon X mark.svg Illegal since 1972
Penalty: Fines to 5 years imprisonment. [49] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of the Central African Republic.svg Central African Republic Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign. [49]
X mark.svg X mark.svg Constitutional ban since 2016 [83] X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Chad.svg Chad X mark.svg Illegal since 2017
Penalty: 3 months to 2 years imprisonment.
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of the Democratic Republic of the Congo.svg Democratic Republic of the Congo Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49] X mark.svg X mark.svg Constitutional ban since 2005 X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Equatorial Guinea.svg Equatorial Guinea Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49] X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Gabon.svg Gabon Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign.
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of the Republic of the Congo.svg Republic of the Congo Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Saint Helena.svg Saint Helena, Ascension and Tristan da Cunha
(Overseas Territory of the United Kingdom)
Yes check.svg Legal since 2001
+ UN decl. sign. [49]
Yes check.svg Legal since 2017 Yes check.svg Legal since 2017 [84] [85] Yes check.svg Legal since 2017 Yes check.svg UK responsible for defence Yes check.svg Bans all anti-gay on discrimination Emblem-question.svg
Flag of Sao Tome and Principe.svg São Tomé and Príncipe Yes check.svg Legal since 2012
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg

Southeast Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Burundi.svg Burundi X mark.svg Illegal since 2009
Penalty: 3 months to 2 years imprisonment. [49] [86]
X mark.svg X mark.svg Constitutional ban since 2005 X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Kenya.svg Kenya X mark.svg Illegal since 1897 (as the East Africa Protectorate)
Penalty: up to 14 years imprisonment. [49] [50]
X mark.svg X mark.svg Constitutional ban since 2010 [87] X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Rwanda.svg Rwanda Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49]
+ UN decl. sign.
X mark.svg X mark.svg Constitutional ban since 2003 X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Tanzania.svg Tanzania X mark.svg Illegal since 1864 (only Zanzibar)
Illegal since 1899
Penalty: Up to life imprisonment. [49] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Uganda.svg Uganda X mark.svg Male illegal since 1894
Penalty: Up to life imprisonment. [88] [88]
Emblem-question.svg Female uncertain
X mark.svg X mark.svg Constitutional ban since 2005 X mark.svg X mark.svg X mark.svg X mark.svg

Horn of Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Djibouti.svg Djibouti Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country) [49] X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Eritrea.svg Eritrea X mark.svg Illegal since 1957 (as part of the Federation of Ethiopia and Eritrea)
Penalty: Up to 3 years imprisonment. [49] [89]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Ethiopia.svg Ethiopia X mark.svg Illegal
Penalty: 10 years imprisonment or more. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Somalia.svg Somalia Skull and crossbones.svg X mark.svg Illegal since 1962
Penalty: Up to death. [90]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Somaliland.svg Somaliland
(Disputed territory)
Skull and crossbones.svg X mark.svg Illegal
Penalty: Up to death. [90]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg

Indian Ocean states

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of the Comoros.svg Comoros X mark.svg Illegal since 1982
Penalty: 5 years imprisonment and fines. [49] [91]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of the French Southern and Antarctic Lands.svg French Southern and Antarctic Lands
(Overseas territory of France)
Yes check.svg Legal
(No laws against same-sex sexual activity have ever existed in the territory) [49]
Yes check.svg Civil solidarity pact since 1999 Yes check.svg Legal since 2013 Yes check.svg Legal since 2013 Yes check.svg France responsible for defence Yes check.svg Bans all anti-gay discrimination Yes check.svg Under French law
Flag of Madagascar.svg Madagascar Yes check.svg Legal
(No laws against same-sex sexual activity have ever existed in the country);
Age of consent discrepancy [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg
Flag of Mauritius.svg Mauritius X mark.svg Male illegal since 1838 (as part of British Mauritius)
Penalty: Up to 5 years imprisonment.
Yes check.svg Female always legal [92]
+ UN decl. sign. [49] [93]
X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans all anti-gay discrimination [94] [95] Emblem-question.svg
Flag of France.svg Mayotte
(Overseas region of France)
Yes check.svg Legal
(No laws against same-sex sexual activity have ever existed in the region) [49]
Yes check.svg Civil solidarity pact since 1999 Yes check.svg Legal since 2013 Yes check.svg Legal since 2013 Yes check.svg France responsible for defence Yes check.svg Bans all anti-gay discrimination Yes check.svg Under French law
Flag of France.svg Réunion
(Overseas region of France)
Yes check.svg Legal since 1791 [49] Yes check.svg Civil solidarity pact since 1999 Yes check.svg Legal since 2013 Yes check.svg Legal since 2013 Yes check.svg France responsible for defence Yes check.svg Bans all anti-gay discrimination Yes check.svg Under French law
Flag of the Seychelles.svg Seychelles Yes check.svg Legal since 2016 [96]
+ UN decl. sign.
X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans some anti-gay discrimination [49] Emblem-question.svg

Southern Africa

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in military?Anti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Angola.svg Angola Yes check.svg Legal since 2019 [97] X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans all anti-gay discrimination [98] Emblem-question.svg May possibly change gender under the Código do Registro Civil 2015 [99]
Flag of Botswana.svg Botswana X mark.svg Illegal since 1885 (as part of the Bechuanaland Protectorate)
Penalty: Fine to up to 7 years imprisonment (Not enforced). [49] [50]
Legalization pending [100]
X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans some anti-gay discrimination Yes check.svg Legal gender change recognized as a constitutional right since 2017 [101]
Flag of Eswatini.svg Eswatini X mark.svg Male illegal since the 1880s
Yes check.svg Female always legal [49] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Lesotho.svg Lesotho Yes check.svg Male legal since 2012
Female always legal [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Emblem-question.svg May possibly change gender under the National Identity Cards Act 9 of 2011 [102]
Flag of Malawi.svg Malawi X mark.svg Illegal since 1891 (as part of the Shire Highlands Protectorate and the Nyasaland Districts Protectorate)
Penalty: Up to 14 years imprisonment and whippings (Law suspended from usage since 2012). [49] [103] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Mozambique.svg Mozambique Yes check.svg Legal since 2015 [104] [105] X mark.svg X mark.svg X mark.svg X mark.svg Yes check.svg Bans some anti-gay discrimination [49] [94] Emblem-question.svg
Flag of Namibia.svg Namibia X mark.svg Male illegal since 1920 (as part of South-West Africa) [50]
Yes check.svg Female always legal [49] [106] [107]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg Yes check.svg Under the Births, Marriages and Deaths Registration Act 81 of 1963 [108]
Flag of South Africa.svg South Africa Yes check.svg Male legal since 1998
Female always legal
+ UN decl. sign. [49]
Yes check.svg Limited recognition of unregistered partnerships since 1998; same-sex marriage since 2006 Yes check.svg Legal since 2006 Yes check.svg Legal since 2002 Yes check.svg Since 1998 Yes check.svg Bans all anti-gay discrimination Yes check.svg Anti-discrimination laws are interpreted to include gender identity; legal gender may be changed after surgical or medical treatment
Flag of Zambia.svg Zambia X mark.svg Illegal since 1911 (as part of the British South Africa Company rule of Rhodesia)
Penalty: up to 14 years imprisonment. [49] [50]
X mark.svg X mark.svg X mark.svg Emblem-question.svg X mark.svg X mark.svg
Flag of Zimbabwe.svg Zimbabwe X mark.svg Male illegal since 1891 (as part of the British South Africa Company rule of Rhodesia)
Yes check.svg Female legal [49] [50]
X mark.svg X mark.svg Constitutional ban since 2013 X mark.svg Emblem-question.svg X mark.svg X mark.svg

Americas

List of countries or territories by LGBT rights in the Americas



Tables:

North America

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Bermuda.svg Bermuda
(Overseas Territory of the United Kingdom)
Yes check.svg Legal since 1994;
Age of consent discrepancy
+ UN decl. sign. [49]
Yes check.svg Domestic partnerships since 2018 [109] Yes check.svg Legal since November 2018 and between May 2017 and May 2018 Yes check.svg Legal since 2015 [110] Yes check.svg UK responsible for defence Yes check.svg Bans all anti-gay discrimination [111] X mark.svg
Flag of Canada (Pantone).svg Canada Yes check.svg Legal since 1969
+ UN decl. sign. [49] [112]
Yes check.svg Domestic partnerships in Nova Scotia (2001); [113]
Civil unions in Quebec (2002); [114]
Adult interdependent relationships in Alberta (2003); [115]
Common-law relationships in Manitoba (2004) [116]
Yes check.svg Legal in some provinces and territories since 2003, nationwide since 2005 [117] Yes check.svg Legal in some provinces and territories since 1996, nationwide since 2010 [118] Yes check.svg Since 1992 [119] Yes check.svg Bans all anti-gay discrimination. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Manitoba, Ontario and Vancouver Yes check.svg Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017 [120] [121] [122] [123]
Flag of Greenland.svg Greenland
(autonomous constituent country of the Kingdom of Denmark)
Yes check.svg Legal since 1933
+ UN decl. sign. [49]
Yes check.svg Registered partnerships since 1996 [124] Yes check.svg Legal since 2016 Yes check.svg Stepchild adoption since 2009; [125]
joint adoption since 2016 [126]
Yes check.svg Since 1978 (Denmark responsible for defense) Yes check.svg Bans some anti-gay discrimination [49] X mark.svg
Flag of Mexico.svg Mexico Yes check.svg Legal since 1871
+ UN decl. sign. [49]
Yes check.svg / X mark.svg Civil unions in Mexico City (2007), Coahuila (2007), [127] Colima (2013), [128] Campeche (2013), [129] Jalisco (2014), [130] Michoacán (2015) and Tlaxcala (2017) Yes check.svg / X mark.svg Legal in Mexico City (2010), [131] Quintana Roo (2012), [132] Coahuila (2014), Chihuahua (2015), Nayarit (2015), Jalisco (2016), Campeche (2016), Michoacán (2016), Colima (2016), Morelos (2016), Chiapas (2017), Puebla (2017), Baja California (2017), Nuevo León (2019) and Aguascalientes (2019).
All states are obliged to honour same-sex marriages performed in states where it is legal. [131] [133] [134]
The Supreme Court has declared that it is unconstitutional to deny marriage licenses to same-sex couples in all states, [135] but as state laws were not invalidated, individual injunctions must still be obtained from the courts [136] [137]
Yes check.svg / X mark.svg Legal in Mexico City (2010), [138] Coahuila (2014), Chihuahua (2015), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017) and Puebla (2017) [139] [140] Emblem-question.svg Yes check.svg Bans all anti-gay discrimination [141] Yes check.svg / X mark.svg Transgender persons can change their legal gender and name in Mexico City (2008), [142] Michoacán (2017), Nayarit (2017) and Coahuila (2018) [143]
Flag of Saint-Pierre and Miquelon.svg Saint Pierre and Miquelon
(Overseas collectivity of France)
Yes check.svg Legal since 1791
+ UN decl. sign. [49]
Yes check.svg Civil solidarity pact since 1999 [144] Yes check.svg Legal since 2013 [145] Yes check.svg Legal since 2013 [146] Yes check.svg Yes check.svg Bans all anti-gay discrimination [60] Yes check.svg Under French law [147]
Flag of the United States.svg United States Yes check.svg Legal in some states since 1962, nationwide since 2003
+ UN decl. sign. [49]
Yes check.svg Domestic partnerships in California (1999), [148] the District of Columbia (2002), [149] Maine (2004), [150] Oregon (2008), [151] Maryland (2008), [152] and Nevada (2009); [153]
Civil unions in New Jersey (2007), [154] Illinois (2011), [155] Hawaii (2012), [156] and Colorado (2013) [157]
Yes check.svg Legal in some states since 2004, nationwide since 2015 [158] Yes check.svg Legal in some states since 1993, nationwide since 2016 [159] Yes check.svg "Don't ask, don't tell" policy was abolished in 2011, meaning that since then LGB people have been allowed to serve openly in the military. [160]
Transgender people have been allowed to serve in the military since 2018 [161] [162] [163]
Yes check.svg / X mark.svg Federal executive order prohibiting discrimination based on sexual orientation for employees in the federal civilian workforce, along with government employment in the District of Columbia, and the United States Postal Service, since 1998 (see Executive Order 12968 and Executive Order 13087). Pathologization or attempted treatment of sexual orientation with minors by mental health professionals illegal in some states.
Included in the federal hate crime law since 2009.
Sexual orientation discrimination banned in public and private employment in 24 states + D.C.
Yes check.svg / X mark.svg Gender identity discrimination in healthcare insurance banned since 2012. [164] [165]
Allowed to change gender under various conditions in 47 states + D.C.
Included in the federal hate crime law since 2009.
Gender identity discrimination banned in public and private employment in 23 states + D.C.

Central America

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Belize.svg Belize Yes check.svg Legal since 2016 [166] X mark.svg X mark.svg X mark.svg X mark.svg Yes check.svg Bans all anti-gay discrimination [167] [168] [169] X mark.svg [170]
Flag of Costa Rica.svg Costa Rica Yes check.svg Legal since 1971
+ UN decl. sign. [49]
Yes check.svg Unregistered cohabitation since 2014 [171] [172] X mark.svg / Yes check.svg To become legal by 2020 at the latest X mark.svg Pending [173] Has no military Yes check.svg Bans all anti-gay discrimination [49] Yes check.svg Transgender persons can change their legal gender without surgeries or judicial permission since 2018 [174]
Flag of El Salvador.svg El Salvador Yes check.svg Legal since 1822
+ UN decl. sign. [49]
X mark.svg X mark.svg Constitutional ban pending; [175] court decision pending X mark.svg Yes check.svg [176] [177] Yes check.svg Bans all anti-gay discrimination [176] X mark.svg [178]
Flag of Guatemala.svg Guatemala Yes check.svg Legal since 1871
+ UN decl. sign. [49]
X mark.svg Pending X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans some anti-gay discrimination X mark.svg [179]
Flag of Honduras.svg Honduras Yes check.svg Legal since 1899
+ UN decl. sign. [49]
X mark.svg X mark.svg Constitutional ban since 2005; [180] [181] court decision pending X mark.svg X mark.svg Yes check.svg Bans all anti-gay discrimination [182] Emblem-question.svg
Flag of Nicaragua.svg Nicaragua Yes check.svg Legal since 2008
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Emblem-question.svg Yes check.svg Bans some anti-gay discrimination [49] X mark.svg
Flag of Panama.svg Panama Yes check.svg Legal since 2008
+ UN decl. sign. [49]
X mark.svg Court decision pending X mark.svg Court decision pending X mark.svg Has no military Yes check.svg Bans some anti-gay discrimination [183] [184] Yes check.svg Transgender persons can change their legal gender and name after completion of medical intervention since 2006 [185] [186]

Caribbean

LGBT rights in:Same-sex sexual activityRecognition of same-sex unionsSame-sex marriageAdoption by same-sex couplesLGB people allowed to serve openly in militaryAnti-discrimination laws concerning sexual orientationLaws concerning gender identity/expression
Flag of Anguilla.svg Anguilla
(Overseas Territory of the United Kingdom)
Yes check.svg Legal since 2001
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Yes check.svg UK responsible for defence X mark.svg X mark.svg
Flag of Antigua and Barbuda.svg Antigua and Barbuda X mark.svg Illegal
Penalty: 15-year prison sentence (Not enforced). [49]
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of Aruba.svg Aruba
(Constituent country of the Kingdom of the Netherlands)
Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the country)
+ UN decl. sign. [49]
Yes check.svg Registered partnerships since 2016 [187] X mark.svg / Yes check.svg Same-sex marriages performed in the Netherlands recognized [188] X mark.svg Yes check.svg The Netherlands responsible for defence X mark.svg X mark.svg
Flag of the Bahamas.svg Bahamas Yes check.svg Legal since 1991;
Age of consent discrepancy
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Yes check.svg [49] X mark.svg X mark.svg
Flag of Barbados.svg Barbados X mark.svg Illegal
Penalty: Life imprisonment (Not enforced). [49] Legalization proposed
X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of the British Virgin Islands.svg British Virgin Islands
(Overseas Territory of the United Kingdom)
Yes check.svg Legal since 2001
+ UN decl. sign. [49]
X mark.svg X mark.svg X mark.svg Yes check.svg UK responsible for defence Yes check.svg Bans all anti-gay discrimination [189] X mark.svg
Flag of the Netherlands.svg Caribbean Netherlands
(Bonaire, Saba and Sint Eustatius; special municipalities of the Netherlands)
Yes check.svg Legal (No laws against same-sex sexual activity have ever existed in the municipalities)
+ UN decl. sign. [49]
Yes check.svg [190] Yes check.svg Legal since 2012 [191] Yes check.svg [192] Yes check.svg The Netherlands responsible for defence Yes check.svg Bans all anti-gay discrimination [193] Yes check.svg [194]
Flag of the Cayman Islands.svg Cayman Islands
(Overseas Territory of the United Kingdom)
Yes check.svg Legal since 2001; Age of consent discrepancy [49]
+ UN decl. sign.
Yes check.svg Since 2019 Yes check.svg Since 2019 [195] Yes check.svg Since 2019 Yes check.svg UK responsible for defence X mark.svg X mark.svg
Flag of Cuba.svg Cuba Yes check.svg Legal since 1979
+ UN decl. sign. [49]
X mark.svg X mark.svg legalization pending [196] X mark.svg Yes check.svg [49] [197]