Updated Dec. 14, 2016
77 countries with anti-homosexuality laws (or 73 or 79)
A total of 73 countries have criminal laws against sexual activity by lesbian, gay, bisexual, transgender or intersex (LGBTI) people, according to a revised version of a tally by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, or ILGA.
ILGA’s list slightly understates the problem. It leaves out Indonesia, where millions of citizens are affected by anti-LGBT laws. It also omits three anti-LGBT governments because, for various reasons, they don’t appear on a list of internationally recognized countries.
This blog’s comparable 77-country list is below, including links to the blog’s coverage of each one. A separate article lists the 10 governments with laws providing the death penalty for same-sex intimacy, at least on paper.
As of the publication of the 2016 edition of ILGA’s State-Sponsored Homophobia report, ILGA’s list numbered 75. But both Seychelles and Nauru repealed their anti-gay laws in May 2016, just after the ILGA report was prepared for publication. Then, on Aug. 10, 2016, the Supreme Court in Belize overturned that nation’s anti-sodomy law as applied to consensual sex. That brings the ILGA total down to 72. In December, the parliament in Chad approved a new penal code making same-sex intimacy a crime. That raised the ILGA tally back up to 73.
The main difference between that revised ILGA total of 73 nations and this blog’s list of 77+ is that ILGA mentions but does not include four political entities that are on this blog’s list:
- Indonesia, where two large provinces outlaw homosexual acts; and
- Three political entities that have anti-LGBT laws but that aren’t accepted as countries by the international community — the Cook Islands, a self-governing country whose residents all have citizenship in New Zealand; Gaza/Palestine; and the territory of Syria and Iraq that is controlled by Daesh/ISIS/ISIL troops.
This blog’s total would be 79 countries if it were to include Russia and Lithuania, two countries that do not have laws against homosexual acts but do have repressive laws against “propaganda of homosexuality.” Libya and Nigeria have similar anti-propaganda laws, but also prohibit same-sex relations, so they are already on the list.
Back in 2012, based on a separate, nearly complete count, St. Paul’s Foundation for International Reconciliation cited a total of 76 countries. That list was used in that year’s Spirit of 76 Worldwide program aimed at repealing those laws. It also inspired the name of this blog — “Erasing 76 Crimes.”
These are some of the recent changes in the list:
- The tiny nations of Palau in the western Pacific Ocean and São Tomé and Príncipe, in the Atlantic Ocean off the shores of central Africa, recently decriminalized homosexuality and were dropped from this list in 2014.
Mozambique, on the southeastern coast of Africa, with a population of 24 million, adopted a new Penal Code in the second half of 2014 and was dropped from this list in early 2015.
- Lesotho also was dropped from the list after adopting a new Penal Code, which effectively eliminated the nation’s former common-law crime of sodomy.
- As noted above, Seychelles and Nauru repealed their anti-gay laws in May 2016, as did Belize in August 2016. Also as noted above, Chad enacted an anti-homosexuality law in December 2016.
- Iraq was added to the list, although it does not have a civil law against same-sex relations. But, in the words of the 2015 edition of ILGA’s State-Sponsored Homophobia report, Iraq “clearly has judges and militias throughout the country that issue the death sentence for same-sex sexual behaviours.”
- Chad was briefly added to the list in 2014 — by mistake — because of a proposed new Penal Code that would provide for 15 to 20 years in prison and a fine of 50,000 to 500,000 CFA francs (US $86 to $860) “for anyone who has sex with persons of the same sex.” Chad was removed from the list after ILGA realized that the proposed change had been approved by Chad’s cabinet, but not by the president.
- Daesh (or ISIS / ISIL) was added to the list because it publicizes its executions of LGBTI people in the the areas of northern Iraq and northern Syria held by its troops. ILGA states that “the Nusr [‘Victory’ in Arabic] website, which claims to be the website of the Islamic caliphate, has a section on Legal Jurisprudence (evidence-based rules and the penal code). One of the pages under this section is dedicated to “punishment for sodomy”, which states: “the religiously-sanctioned penalty for sodomy is death, whether it is consensual or not. Those who are proven to have committed sodomy, whether sodomizer or sodomized, should be killed…”.
Here is this blog’s list of 76 countries and independent political entities with anti-homosexuality laws, with links to the blog’s coverage of them. Chad will be added if it becomes clear that the new penal code of December 2016 has taken effect:
16 Malawi (enforcement of law suspended)
23 Sierra Leone
25 South Sudan
Asia, including the Middle East
38 Daesh (or ISIS / ISIL)
43 Lebanon (law ruled invalid in one court)
49 Palestine/Gaza Strip
51 Saudi Arabia
53 Sri Lanka
56 United Arab Emirates
59 Antigua & Barbuda
61 Dominica (But see “Dominica leader: No enforcement of anti-gay law” )
65 St Kitts & Nevis
66 St Lucia
67 St Vincent & the Grenadines
68 Trinidad & Tobago
In the United States, anti-sodomy laws were ruled unconstitutional by the U.S. Supreme Court in 2003, but they are still on the books in 13 states: Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, Texas, Utah and Virginia. Conservative state legislators refuse to repeal the laws and, in some cases, police still enforce them. In the past several years more than a dozen LGBT people were arrested for violating those laws, but the arrestees were freed because prosecutors won’t seek convictions based on defunct laws.
No country in Europe has a law against homosexuality. The last European location with such a law was Northern Cyprus (recognized as a country only by Turkey), which repealed its law in January 2014.
Also in Europe and worth mentioning but not on the list of countries with laws against homosexuality are:
- Russia, which enacted an anti-“gay propaganda” law in 2013 prohibiting any positive mention of homosexuality in the presence of minors, including online;
- Lithuania, which has a similar law; in 2015, it considered but has not yet adopted a further law that would impose fines for any public display that “defies traditional family values.”
- Ukraine, which considered such a law in 2012 and 2013, did not adopt it and seems to have dropped the issue.
- Moldova, which adopted and then repealed such a law in 2013.
- Belarus, which was discussing such a law in early 2016.
In addition, in central Asia, Kyrgyzstan in October 2014 was on the verge of adopting an anti-“gay propaganda” law harsher than that in Russia. If that bill becomes law, any type of distribution of positive information on same-sex relations, not just discussions in the presence of a minor, would become a crime punishable by fines and a jail sentence. In Kazakhstan, both house of parliament passed a bill “On Protecting Children from Information Harmful to their Health and Development,” but the Constitutional Council rejected it in May 2015, saying that the wording was too vague.
As noted above, Libya and Nigeria also have anti-“gay propaganda” laws in addition to their laws outlawing same-sex intimacy.
For more information, download these PDF files:
- State-Sponsored Homophobia (2016 edition of ILGA report)
- ILGA map of countries that recognize and those that reject gay and lesbian rights (2016).
- 76 Countries Where Anti-Gay Laws Are As Bad As Or Worse Than Russia’s. Each country’s anti-LGBTI law is summarized in a list compiled by BuzzFeed. With photos.
- Countries that still criminalise homosexuality. AntiGayLaws.org publishes tables for each continent, citing the language of each country’s anti-LGBTI laws, along with whether the country has ratified the International Covenant on Civil and Political Rights (ICCPR) and/or allows the UN to monitor and assess its human rights record.
- The Sexual Rights Law and Policy Database, which is compiled by the Sexual Rights Initiative, a coalition of organizations from Canada, Poland, India, Egypt, Latin America and Africa that work together to advance human rights related to sexuality at the United Nations.