LGBT rights in San Marino

Last updated

LGBT rights in San Marino
Location San Marino Europe.png
Location of  San Marino  (green)

in Europe  (dark grey)  – [ Legend ]

Status Legal since 1864
"Habitual" homosexual acts "causing a public scandal" illegal from 1970 to 2004
Military LGBT people may serve
Discrimination protections Protections for sexual orientation and gender identity
Family rights
Recognition of relationships Unregistered cohabitation since 2012 (only for immigration purposes),
Civil unions since 2019
Adoption Stepchild adoption since 2019

Lesbian, gay, bisexual, and transgender (LGBT) people in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Contents

Discrimination on account of sexual orientation is banned under the 2019 amendments to the Constitution of San Marino. In November 2018, the Grand and General Council approved a bill to legalise civil unions. The law, which took effect on 5 December 2018 and became fully operational on 11 February 2019, following a number of further legal and administrative changes, allows same-sex and opposite-sex couples to enter into a union and receive some of the rights and benefits of marriage.

Legality of same-sex sexual activity

Homosexuality was decriminalised in San Marino in 1864.

From 1975 to 2004, Article 274 of the Criminal Code prohibited homosexual acts if they had been engaged in "habitually" and thereby caused "public scandal". The punishment imprisonment for no less than three months and no more one year. There are no reports, however, that Article 274 was ever applied. [1] It was the only special provision on homosexuality in the Sammarinese Penal Code.

Article 274 was eventually repealed in September 2004.

The age of consent is set at 14 for both opposite-sex and same-sex sexual acts. Additionally, it is an offence to "incite a minor under 18 years to sexual corruption".

Recognition of same-sex relationships

Civil unions

On 15 November 2018, the San Marino Grand Council approved a bill to legalise civil unions in the microstate. [2] [3] The law, which came into effect on 5 December 2018, became fully operational on 11 February 2019, following a number of further legal and administrative changes. It allows same-sex and opposite-sex couples to enter into a union and receive certain legal rights with respect to residency, citizenship, pension rights, healthcare, succession rights, and stepchild adoption. [4]

Same-sex marriage

In December 2017, the Sammarinese Parliament approved an amendment to a proposed 2018 budget law that would allow same-sex marriages of foreign couples to be performed in San Marino, with the aim of encouraging tourism. Sammarinese same-sex couples will still be banned from marrying. The government now has the task of drafting legislation to implement the amendment. [5] [6]

Discrimination protections and hate crime laws

On 28 April 2008, the Sammarinese Parliament approved amendments to the Penal Code, outlawing discrimination and hate speech on the basis of sexual orientation. [7] [8] The law took effect on 3 May 2008. [9] [7] The Penal Code also provides penalty enhancements to hate crimes motivated by the victim's sexual orientation.

In November 2018, during the final discussion of the civil union law, Deputy Davide Forcellini of the RETE Movement proposed to explicitly add the term sexual orientation to Article 4 of the Constitution. [10] The proposal received support from the DM-SMT, the Party of Socialists and Democrats (PSD) and the Socialist Party (PS), as well as several independent deputies. [11] [12] [13] In March 2019, the Parliament approved the proposal, 35 votes in favour, 8 against and 1 abstention. However, 39 votes were required. Due to failing to meet this threshold, the text was submitted to a referendum. [14] [15] [16] [17] On 2 June 2019, voters approved the amendment, with 71.46% voting in favour. [18] [19]

Article 4 of the San Marino Constitution now reads as follows:

In November 2019, during the country's Universal Periodic Review, San Marino accepted recommendations from Liechtenstein, Luxembourg and Mexico to outlaw discrimination on the basis of gender identity. [20]

Military service

The Sammarinese Armed Forces does not explicitly ban LGBT people from serving. The code of conduct of the police force prohibits unfair discrimination in recruitment. Furthermore, police officials are trained to properly respond to and identify discrimination, whether in public or within the police force itself. [21]

Blood donation

Gay and bisexual men are allowed to donate blood in San Marino. [22] [23]

Living conditions

Until recently LGBT people in San Marino went unnoticed, with very few public debates or discussions involving the issue of LGBT rights, either in the media, society in general or politics. When LGBT groups in San Marino asked the government to recognize 17 May as the International Day Against Homophobia, Transphobia and Biphobia in the early 2000s, their proposition was rejected. [23]

The country's sex education programme, accompanied by emotional education programmes, expressly provide for knowledge of LGBT rights. The "Curriculum of education to citizenship" also provides for knowledge of LGBT matters. [20]

There are occasionally reports of violence and hate crimes directed at the LGBT community in San Marino. [24] [23] In June 2019, the electorate voted with 71% to outlaw discrimination on the basis of sexual orientation.

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1864)
Equal age of consent (14) Yes check.svg (Since 1864)
Anti-discrimination laws in employment Yes check.svg (Since 2008)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2008)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes check.svg (Since 2008)
All discrimination based on sexual orientation banned by constitution Yes check.svg (Since 2019)
Anti-discrimination laws concerning gender identity in all areas Yes check.svg (Since 2016)
Hate crime law includes sexual orientation Yes check.svg (Since 2008)
Same-sex marriage X mark.svg
Recognition of same-sex couples (e.g. civil unions) Yes check.svg (Since 2019)
Stepchild adoption by same-sex couples Yes check.svg (Since 2019)
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military Yes check.svg
Right to change legal gender X mark.svg
Access to IVF for lesbian couples X mark.svg
Conversion therapy banned on minors X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood Yes check.svg

See also

Related Research Articles

<span class="mw-page-title-main">Recognition of same-sex unions in Italy</span>

Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with all of the legal protections enjoyed by opposite-sex married couples, excluding joint adoption rights. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

<span class="mw-page-title-main">LGBT rights in Bosnia and Herzegovina</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Italy significantly advanced in the 21st century, although LGBT people still face various challenges not experienced by non-LGBT residents, despite public opinion being increasingly liberal and in favor of LGBT rights. According to ILGA-Europe's 2021 report, the status of LGBT rights in Italy is below the standards of other Western European countries – such as still not recognizing same-sex marriage, lacking nationwide discrimination protections for goods and services, as well as not granting to same-sex couples parental rights, such as adoption and IVF. Italy and Japan are the only G7 nations where same-sex marriages are not permitted.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBT community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in Switzerland are progressive by world standards. Social attitudes and the legal situation have liberalised at an increasing pace since the 1940s, in parallel to the situation in Europe and the Western world more generally. Legislation providing for same-sex marriage, same-sex adoption, and IVF access was accepted by 64% of voters in a referendum on 26 September 2021, and entered into force on 1 July 2022.

<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. 21 of the 36 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 more limited recognition for same-sex couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBT people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.

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

Lesbian, gay, bisexual and transgender (LGBT) rights have evolved significantly in the past decades in the British Overseas Territory of Gibraltar. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Michigan enjoy the same rights as non-LGBT people. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage is legal. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.

San Marino has recognized civil unions for both same-sex and opposite-sex couples since 5 December 2018. The law to permit civil unions became fully operational on 11 February 2019, following a number of further legal and administrative changes.

<span class="mw-page-title-main">LGBT rights in Georgia (U.S. state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT people. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBT community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Guernsey have improved significantly in the past decades. Same-sex sexual activity for both men and women is legal in Guernsey. Same-sex marriage has been legal since 2 May 2017 in Guernsey, and since 14 June 2018 in its dependency, Alderney. Legislation approving the legalisation of same-sex marriage in its other dependency, Sark was given royal assent on 11 March 2020. Guernsey is the only part of the British Isles to have never enacted civil partnership legislation, though civil partnerships performed in the United Kingdom were recognised for succession purposes. Since April 2017, same-sex couples can adopt in the entire Bailiwick. Discrimination based on sexual orientation and gender identity has been banned since 2004. Transgender people can legally change gender since 2007.

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

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBT people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

<span class="mw-page-title-main">LGBT rights in Akrotiri and Dhekelia</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of Akrotiri and Dhekelia enjoy most of the same rights as non-LGBT people.

This is a list of notable events in the history of LGBT rights that took place in the year 2016.

<span class="mw-page-title-main">2019 San Marino referendum</span>

Two referendums were held in San Marino on 2 June 2019. One was a popular initiative on amending the electoral system to require a second round to be held thirty days after a general elections between the top two parties only if neither are able to form a coalition government. The other was on a constitutional amendment proposed by the captain regent that would add sexual orientation to the list of discriminations prohibited by law. This followed a vote by the Grand and General Council on the amendment failing to meet the two-thirds quorum.

References

  1. ↑ "LAW REFORM IN SAN MARINO". Archived from the original on 4 March 2016. Retrieved 29 April 2008.
  2. ↑ "Approvata la legge sulle Unioni Civili. La commissione pari opportunità: "giornata storica per San Marino"". Rtv San Marino (in Italian). 16 November 2018.
  3. ↑ "San Marino passes civil union law for same-sex couples". Gay Star News. 16 November 2018. Archived from the original on 15 May 2019. Retrieved 17 November 2018.
  4. ↑ "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  5. ↑ "San Marino dice sì al matrimonio gay. Ma solo per gli stranieri". 21 December 2017.
  6. ↑ "A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri". Gay.it. 22 December 2017.
  7. 1 2 "LEGGE 28 APRILE 2008 N.66" (PDF).
  8. ↑ "European Commission against Racism and Intolerance (ECRI) - Homepage". European Commission against Racism and Intolerance (ECRI).
  9. ↑ "Rainbow Europe". rainbow-europe.org.
  10. ↑ "San Marino approva legge sulle unioni civili: "Più snella rispetto alla Cirinnà"". euronews (in Italian). 16 November 2018.
  11. ↑ "Rivoluzione unione civili sul Titano: nella notte passa la proposta di legge". romagnanoi.it (in Italian). 16 November 2018. Archived from the original on 27 March 2019. Retrieved 21 November 2018.
  12. ↑ "San Marino sì bipartisan alle unioni civili". Corriere Romagna (in Italian). 17 November 2018. Archived from the original on 27 March 2019. Retrieved 21 November 2018.
  13. ↑ "Unioni Civili: l'entusiasmo esplode sui social. Comitato Promotore: "Festeggiamo ma resteremo vigili"". Rtv San Marino (in Italian). 16 November 2018.
  14. ↑ "Consiglio: la Revisione Costituzionale non-ottiene la maggioranza qualificata. Ci sarà referendum confermativo". Rtv San Marino (in Italian). 20 March 2019.
  15. ↑ "Consiglio, chiusura col botto: riferimento di Renzi sull'Europa e parola ai cittadini su modifiche all Carta dei Diritti". Rtv San Marino (in Italian). 20 March 2019.
  16. ↑ "Consiglio Grande e Generale: Riforma Consulta cittadini all'estero". San Marino Fixing (in Italian). 21 March 2019. Archived from the original on 22 March 2019. Retrieved 23 March 2019.
  17. ↑ "Una riflessione sul secondo quesito referendario". Libertas (in Italian). 16 May 2019.
  18. ↑ Stefanello, Viola (4 June 2019). "San Marino bans discrimination based on sexual orientation". Euronews . Retrieved 4 June 2019.
  19. ↑ Sarrubba, Stefania (4 June 2019). "San Marino bans discrimination on grounds of sexual orientation". Gay Star News . Archived from the original on 8 June 2019. Retrieved 4 June 2019.
  20. 1 2 "San Marino, UPR SOGIESC Recommendations" (PDF). ILGA Europe. 6 November 2019.
  21. ↑ "Decreto Delegato 11 febbraio 2015 N.13 - Codice di condotta per gli appartenenti ai Corpi di Polizia - Consiglio Grande e Generale". consigliograndeegenerale.sm.
  22. ↑ "Associazione Sammarinesi Volontari del Sangue e degli Organi Informazioni al donatore" (in Italian). Retrieved 7 February 2016.
  23. 1 2 3 "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: San Marino" (PDF).
  24. ↑ "San Marino. Scintille sulle Unioni civili". Giornale San Marino (in Italian). 3 June 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.