Lesbian, gay, bisexual, and transgender (LGBT) 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.
A majority of Dominicans affiliate with the Catholic Church. As such, attitudes towards members of the LGBT community tend to reflect prevailing Catholic morals. Support for same-sex marriage was 25% according to a 2013/2014 opinion poll.[2]
Legality of same-sex sexual activity
Homosexuality laws in Central America and the Caribbean Islands.
Consensual same-sex sexual acts between adults in private have been legal in the Dominican Republic since 1822 and the age of consent is set equally at 18 years of age. Previously, the Penal Code criminalised any act that was deemed to be in violation of "decorum and good behaviour" in public, and imposed fines and up to two years imprisonment. This law was sometimes used by police officers to harass, fine or jail same-sex couples who engage in public displays of affection.[3][4] This was repealed in 1997 through an amendment to the Criminal Code.
Members of the police force are nevertheless subject to different legal standards. Article 210 of the 1966 Police Justice Code still outlaws sodomy (defined as a "sexual act between persons of the same sex") among members of police forces.[5]
Law 285-66 also prohibits LGBT people from serving as members of the police force. Under this law, police officers are also prohibited from engaging in sodomy. In 2014, the law was confirmed that LGBT people were prohibited from joining any police force.
Recognition of same-sex relationships
The family law statutes of the Dominican Republic do not recognize any legal status between persons of the same-sex, neither marriage nor any marriage-like relationship like civil partnerships or domestic partnerships. The Constitution was amended in 2010 to read in Article 55 that: "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman", as part of a series of changes that banned abortion, stripped native-born children of illegal immigrants of their citizenship, and authorized the private ownership of beaches.[6][7]
However, there are also laws that could be used to justify recognition of such relationships. Article 41, 'Validity of Marriage', of law 544-14, 'Derecho Internacional Privado de La República Dominicana', states that "Marriage is valid ... if it is considered as such by the law of the place of celebration, or by the national law, or of the domicile of at least one of the spouses at the time of the celebration."[8]
2018 Inter-American Court of Human Rights advisory opinion
Several Dominican legal experts have since [when?] announced that the Dominican Republic must legalise same-sex marriage and implement the IACHR advisory opinion in due course.[9]
Discrimination protections
In the Dominican Republic, few legal instruments in some specific areas protect LGBTQ people from discrimination. Since 2000, the General Law on Youth (Law 49/2000) (Spanish: Ley General de Juventud No. 49-2000) has prohibited discrimination on the basis of sexual orientation.[10] Article 11 of the Code of Criminal Procedure, in effect since 2007, establishes that judges and prosecutors must take into account the particular circumstances of each person involved in each case but cannot base their decisions solely based on their sexual orientation.[11] Since 2011, the Law 135/2011 on HIV/AIDS (Spanish: Ley de VIH/SIDA No. 135-11) has prohibited discrimination on the basis of sexual orientation and gender identity.[12]
Discrimination on account of sexual orientation or gender identity is not illegal in areas such as employment, education, housing, health care, banking, transportation, government services and public accommodations. As a result, many LGBT people feel the need to remain in the closet and reports of anti-gay discrimination are quite common.
Hate crimes
LGBT people in the Dominican Republic have sometimes been the targets of violence. From 2006 to 2009, official sources reported the murder of at least 14 transgender sex workers.[13] Bias-motivated crimes have also been reported against LGBT people from the middle and upper classes, including TV producer Micky Breton and Claudio Nasco.[14] Other prominent people who have the targets of such violence include film director Jean Luis Jorge, journalist Víctor Gulías, Dr. Jesús Díaz Almánzar, and William Cordero.[15] In 2014, Van Teasley, a visiting American lawyer and gay activist, was found murdered in his Santo Domingo apartment.[16]
A new Penal Code that included provisions banning hate crimes on the basis of sexual orientation was expected to take effect in December 2015, but it was deemed unconstitutional shortly before taking effect by the Constitutional Court because its sections regarding abortion were "plagued with irregularities and violations".[17] In 2016, the Senate and the Chamber of Deputies approved modifications to the initial version by fully criminalising abortion.[18] Sexual orientation-based hate crimes would have remained banned under this version. However, President Danilo Medina vetoed it in December 2016, asking deputies to legalise abortion in cases of rape, incest and saving the mother's life.[19] A new draft bill was introduced in August 2017 by two deputies, leaving out all parts in regards to abortion. The two deputies stated that abortion should be regulated in a separate law, and complained that this issue had delayed the enactment of other important measures.[20][21]
If finally approved, the Penal Code would provide penalties of between 30 and 60 years imprisonment for hate crimes. In addition, those who cause torture, cruel, inhuman and degrading treatment to anyone because of their sexual orientation could be sentenced to 30 to 40 years in prison.[22][23]
Access to health care services
Citizens of the Dominican Republic have a constitutional right to access health care services. Health care programs for the LGBT community in the Dominican Republic have generally focused on HIV/AIDS education, which are often run by non-governmental organizations.[24]
Gender identity and expression
Transgender people in the Dominican Republic are not allowed to change their legal gender and name to reflect their gender identity.
In June 2018, President Danilo Medina issued an executive decree granting 35 transgender Dominicans the possibility to change their legal name so that it matches their gender identity. Television journalist Mía Cepeda was one of the 35 individuals and subsequently managed to change her name to reflect her transgender status.[25]
Living conditions
The socially conservative mores of the Catholic Church and evangelical Protestant denominations hold significant sway in both public policy and prevailing attitudes surrounding LGBT rights. Recent reports suggest that signs of a visible, politically active LGBT community are often targets of a government crackdown, often with the support of religious leaders.
In 2012, members of the police department crashed the LGBT Pride Parade in Santo Domingo and arrested individuals at the parade on the ground that marchers were improperly using the Dominican Republic's flag.[27]
Due to the majority of residents having conservative views, including opposition to homosexuality, the major political parties in the Dominican Republic have not expressed much public support for LGBT rights legislation.
Former U.S. Ambassador Wally Brewster (2013-2017) was openlygay and active in supporting LGBT events in the Dominican Republic, regularly meeting LGBT rights groups and publicly appearing in the Dominican media and schools with his husband. Brewster was often the target of insults from religious leaders and some politicians due to his sexual orientation. Evangelical groups started an unsuccessful petition asking the Government to expel him from the country, and called on Brewster to "go home and cook since he's married to a man."[28][29]
During an April 2017 LGBT conference held in Santo Domingo, Minister of Women's Affairs Janet Camilo, speaking on behalf of the Dominican Government, said that "everyone should be equal under the law and in society" and that the Government was "doing everything possible to build and fight for equality, for an inclusive society for everyone." The conference was attended by LGBT activists from across Latin America, including Rosmit Mantilla, member of the Venezuelan opposition Popular Will party.[30]
Non-governmental organizations
Amigos Siempre Amigos (ASA; "Friends Always Friends") is a non-governmental organization (NGO) in the Dominican Republic that addresses health concerns among the LGBT community.[31]
Trans Siempre Amigas (TRANSSA, "Trans Always Friends") is another Dominican Republic-based organization that promotes respect, fairness, and tolerance of the transgender community.[32]
Diversidad Dominicana is an activist organization that supports LGBT rights.[33]
Public opinion
According to a Pew Research Center survey conducted between 2 November 2013 and 2 February 2014, 25% of respondents supported same-sex marriage and 72% opposed it.[34][35]
According to a 2017 poll carried out by ILGA, 22% of Dominicans agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 64% disagreed. Additionally, 20% agreed that they should be protected from workplace discrimination. 69% of Dominicans, however, said that people who are in same-sex relationships should be charged as criminals, while 31% disagreed. As for transgender people, 17% agreed that they should have the same rights, 15% believed they should be protected from employment discrimination and a plurality of 5% believed they should be allowed to change their legal gender.[36]
The 2017 AmericasBarometer showed that 17% of Dominicans supported same-sex marriage.[37]
Summary table
Same-sex sexual activity legal
(Since 1822)
Equal age of consent (18)
(Since 1822)
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
↑ Ismael Ogando. Factores de incidencia en la conducta antisocial de los jóvenes homosexuales del Centro Histórico de Santiago de los Caballeros. Universidad Autónoma de Santo Domingo, 2007.
This is a list of notable events in the history of LGBT rights that took place in the year 1999.
Rights affecting lesbian, gay, bisexual, and transgender (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Ecuador have evolved significantly in the past decades. Both male and female forms of same-sex sexual activity are legal in Ecuador and same-sex couples can enter into civil unions and same-sex marriages.
Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Venezuela, 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. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Chile have advanced significantly in the 21st century, and are now quite progressive.
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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Argentina rank among the highest in the world. Upon legalising same-sex marriage on 15 July 2010, Argentina became the first country in Latin America, the second in the Americas, and the tenth in the world to do so. Following Argentina's transition to a democracy in 1983, its laws have become more inclusive and accepting of LGBT people, as has public opinion.
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.
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 LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Cape Verde are afforded some legal protections, and Cape Verde is considered a gay tolerant country. Homosexual activity has been legal in Cape Verde since 2004. Additionally, since 2008, employment discrimination on the basis of sexual orientation has been banned, making Cape Verde one of the few African countries to have such protections for LGBTQ people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nicaragua face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
Lesbian, gay, bisexual, and transgender (LGBT) people in Honduras face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Honduras.
Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Peru face some legal challenges not experienced by other residents. Same-sex sexual activity among consenting adults is legal. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mozambique face legal challenges not faced by non-LGBTQ people. Same-sex sexual activity became legal in Mozambique under the new Criminal Code that took effect in June 2015. Discrimination based on sexual orientation in employment has been illegal since 2007.
Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
Sexual encounters in private between two adults are legal. Although homosexuality was decriminalized, LGBT Dominicans still endure discrimination and violence due to their sexual orientation and/or gender identity. In a 2014 poll, almost three quarters, 73%, of people in the Dominican Republic alone have said that members of the LGBT community have experienced some sort of violence or discrimination. Members of the LGBT Community in the Dominican Republic are victims of hate crimes, extortion by the police, and discrimination when it comes to resources and employment services. They also face discrimination when seeking treatment from health care systems. Between 2006 and August 2015, there have been 32 reports of possible hate crimes against transgender people.:5
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.
![Homosexuality laws in Central America and the Caribbean Islands.
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Same-sex marriage
Other type of partnership
Unregistered cohabitation
Country subject to IACHR ruling
No recognition of same-sex couples
Constitution limits marriage to opposite-sex couples
Same-sex sexual activity illegal but law not enforced
.mw-parser-output .hlist dl,.mw-parser-output .hlist ol,.mw-parser-output .hlist ul{margin:0;padding:0}.mw-parser-output .hlist dd,.mw-parser-output .hlist dt,.mw-parser-output .hlist li{margin:0;display:inline}.mw-parser-output .hlist.inline,.mw-parser-output .hlist.inline dl,.mw-parser-output .hlist.inline ol,.mw-parser-output .hlist.inline ul,.mw-parser-output .hlist dl dl,.mw-parser-output .hlist dl ol,.mw-parser-output .hlist dl ul,.mw-parser-output .hlist ol dl,.mw-parser-output .hlist ol ol,.mw-parser-output .hlist ol ul,.mw-parser-output .hlist ul dl,.mw-parser-output .hlist ul ol,.mw-parser-output .hlist ul ul{display:inline}.mw-parser-output .hlist .mw-empty-li{display:none}.mw-parser-output .hlist dt::after{content:": "}.mw-parser-output .hlist dd::after,.mw-parser-output .hlist li::after{content:" * ";font-weight:bold}.mw-parser-output .hlist dd:last-child::after,.mw-parser-output .hlist dt:last-child::after,.mw-parser-output .hlist li:last-child::after{content:none}.mw-parser-output .hlist dd dd:first-child::before,.mw-parser-output .hlist dd dt:first-child::before,.mw-parser-output .hlist dd li:first-child::before,.mw-parser-output .hlist dt dd:first-child::before,.mw-parser-output .hlist dt dt:first-child::before,.mw-parser-output .hlist dt li:first-child::before,.mw-parser-output .hlist li dd:first-child::before,.mw-parser-output .hlist li dt:first-child::before,.mw-parser-output .hlist li li:first-child::before{content:" (";font-weight:normal}.mw-parser-output .hlist dd dd:last-child::after,.mw-parser-output .hlist dd dt:last-child::after,.mw-parser-output .hlist dd li:last-child::after,.mw-parser-output .hlist dt dd:last-child::after,.mw-parser-output .hlist dt dt:last-child::after,.mw-parser-output .hlist dt li:last-child::after,.mw-parser-output .hlist li dd:last-child::after,.mw-parser-output .hlist li dt:last-child::after,.mw-parser-output .hlist li li:last-child::after{content:")";font-weight:normal}.mw-parser-output .hlist ol{counter-reset:listitem}.mw-parser-output .hlist ol>li{counter-increment:listitem}.mw-parser-output .hlist ol>li::before{content:" "counter(listitem)"\a0 "}.mw-parser-output .hlist dd ol>li:first-child::before,.mw-parser-output .hlist dt ol>li:first-child::before,.mw-parser-output .hlist li ol>li:first-child::before{content:" ("counter(listitem)"\a0 "}
.mw-parser-output .navbar{display:inline;font-size:88%;font-weight:normal}.mw-parser-output .navbar-collapse{float:left;text-align:left}.mw-parser-output .navbar-boxtext{word-spacing:0}.mw-parser-output .navbar ul{display:inline-block;white-space:nowrap;line-height:inherit}.mw-parser-output .navbar-brackets::before{margin-right:-0.125em;content:"[ "}.mw-parser-output .navbar-brackets::after{margin-left:-0.125em;content:" ]"}.mw-parser-output .navbar li{word-spacing:-0.125em}.mw-parser-output .navbar a>span,.mw-parser-output .navbar a>abbr{text-decoration:inherit}.mw-parser-output .navbar-mini abbr{font-variant:small-caps;border-bottom:none;text-decoration:none;cursor:inherit}.mw-parser-output .navbar-ct-full{font-size:114%;margin:0 7em}.mw-parser-output .navbar-ct-mini{font-size:114%;margin:0 4em}html.skin-theme-clientpref-night .mw-parser-output .navbar li a abbr{color:var(--color-base)!important}@media(prefers-color-scheme:dark){html.skin-theme-clientpref-os .mw-parser-output .navbar li a abbr{color:var(--color-base)!important}}@media print{.mw-parser-output .navbar{display:none!important}}
v
t
e Homosexuality laws in Central America and the Caribbean Islands.svg](http://upload.wikimedia.org/wikipedia/commons/thumb/b/b4/Homosexuality_laws_in_Central_America_and_the_Caribbean_Islands.svg/280px-Homosexuality_laws_in_Central_America_and_the_Caribbean_Islands.svg.png)
