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The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
Violence against transgender people includes emotional, physical, sexual, or verbal violence targeted towards transgender people. The term has also been applied to hate speech directed at transgender people and at depictions of transgender people in the media that reinforce negative stereotypes about them. Trans and non-binary gender adolescents can experience bashing in the form of bullying and harassment. When compared to their cisgender peers, trans and non-binary gender youth are at increased risk for victimisation, which has been shown to increase their risk of substance abuse.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s. In 1961, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBT-related anti-discrimination laws regarding housing and private and public services varies by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face legal and social difficulties compared to non-LGBT persons. Pakistani law prescribes criminal penalties for same-sex sexual acts. The Pakistani Penal Code of 1860, originally developed under the British Raj, criminalises sodomy with possible penalties of prison sentences from two years to a life sentence and fines. Despite its illegality, homosexual acts are only occasionally prosecuted by authorities in Pakistan. Other morality and public order provisions in the Penal Code are however used to target LGBT Pakistanis.
Lesbian, gay, bisexual, and transgender (LGBT) rights in India have evolved significantly during the 21st century. Indian LGBT citizens still face social and legal difficulties not experienced by non-LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007, Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a trans woman and a cisgender gay man occurred in November 2023. Nepal will be the first least developed country and the first in South Asia to legalize same-sex marriage, and the second in Asia after Taiwan.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Lesbian, gay, bisexual, and transgender (LGBT) people in New Jersey have the same legal rights as non-LGBT people. LGBT persons in New Jersey enjoy strong protections from discrimination, and have had the right to marry since October 21, 2013.
In the District of Columbia, lesbian, gay, bisexual, and transgender (LGBT) people enjoy the same rights as non-LGBT people. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriages. The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation. This number had grown to 4.2% by early 2015.
Lesbian, gay, bisexual, and transgender (LGBT) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in Texas in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Oklahoma may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
Transgender rights in the United Kingdom have varied significantly over time, with the British transgender community facing ongoing challenges not experienced by cisgender (cis) Britons. These include various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others.
A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. By May 2017, 230 people had been granted gender recognition certificates under the law. Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act.
The Transgender Persons Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced in the Lok Sabha, the lower house of the Parliament, on 19 July 2019 by the Minister of Social Justice and Empowerment, Thawar Chand Gehlot, in light of the lapse of the Transgender Persons Bill, 2018. The 2019 act and the immediately preceding 2018 bill, were both preceded by a 2016 version. They were met with protests and criticism by some transgender people, lawyers, and activists in India. The 2016 bill was sent to a standing committee which submitted its report in July 2017. Following this, the Lok Sabha tabled and passed a newer version of the bill in December 2018. However, it did not incorporate many of the committee's recommendations. Although members of the opposition criticised the 2019 act and assured activists that they would not vote in favour of it, it was passed by the Lok Sabha on 5 August 2019 and by the Rajya Sabha, the upper house of the Parliament, on 26 November 2019. The president assented to it on 5 December 2019, upon which the act was published in the Gazette of India. It has been in effect since 10 January 2020 following a notification of the same in the Gazette on the same day.
Gender self-identification is the concept that a person's legal sex or gender should be determined by their gender identity without any medical requirements, such as via statutory declaration.
The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.
This is a list of notable events in the history of LGBT rights taking place in the year 2023.
References
- ↑ "The Pakistan Transgender Persons (Protection of Rights) Act of 2018 and its Impact on the Law of Gender in Pakistan". Australian Journal of Asian Law. 20 (1). Article 8: 1-11. 2019. SSRN 3490418.
- ↑ "Pakistan Passes Historic Transgender Rights Bill". NPR.org. 9 May 2018. Retrieved 10 September 2020.
- ↑ "The ICJ releases briefing paper on Pakistan's Transgender Persons (Protection of Rights) Act, 2018". International Commission of Jurists. 31 March 2020. Retrieved 10 September 2020.
- 1 2 "Transgender people targeted in fatal Karachi attack". www.aljazeera.com.
- ↑ "Transgender woman Gul Panra shot dead, friend wounded in Peshawar". www.thenews.com.pk.
- ↑ "Transgender rights bill approved in NA, marking second milestone". www.geo.tv.
- ↑ Hali, Shafei (2018). "Transgender Persons (Protection of Rights) Act, 2018 in Pakistan; Mapping Stakeholder Perceptions for Future Policy Recommendations". Mapping Transgender Rights and Policy Evolution in Pakistan – via ResearchGate.
- 1 2 3 Islam, Semra (3 September 2020). "The Transgender Community and the Right to Equality in Pakistan: Review of the Transgender Persons Act 2018". LUMS Law Journal. 7: 208–219.
- ↑ "Transgender Health in India and Pakistan". 7 November 2016.
- ↑ "JI senator tables bill on transgender rights". 16 November 2021.
- ↑ "JI moves Federal Shariat Court against 'Transgender Rights Bill 2018'". 17 September 2022.
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