Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
[1][2] By contrast, not counting non-state actors and extrajudicial killings, only two countries are believed to impose the death penalty on consensual same-sex sexual acts: Iran and Afghanistan.
[3][4][5][6] The death penalty is officially law, but generally not practiced, in Mauritania, Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates.
[15][16] A 2022 study found that LGBT rights (as measured by ILGA-Europe's Rainbow Index) were correlated with less HIV/AIDS incidence among gay and bisexual men independently of risky sexual behavior.
[22] The ancient Law of Moses (the Torah) forbids people from lying with people of the same sex (i.e., from having intercourse) in Leviticus 18 and gives a story of attempted homosexual rape in Genesis 19, in the story of Sodom and Gomorrah, after which the cities were soon destroyed with "brimstone and fire, from the Lord"[23][24] and the death penalty was prescribed to its inhabitants – and to Lot's wife, who was turned into a pillar of salt because she turned back to watch the cities' destruction.
[29] 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.
[29] 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".
[36] In ancient Rome, 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.
[38] 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.
[44] The Greek historian Polybius (2nd century BC) lists deserters, thieves, perjurers, and "...on young men who have abused their persons" as subject to the fustuarium, clubbing to death.
[45] 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.
[48] 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.
[51] 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.
Same-sex intercourse illegal. Penalties: | |
Prison; death not enforced
|
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Death under militias
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Prison, with arrests or detention
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Prison, not enforced
1
|
|
Same-sex intercourse legal. Recognition of unions: | |
Extraterritorial marriage
2
|
|
Limited foreign
|
Optional certification
|
None
|
Restrictions of expression, not enforced
|
Restrictions of association with arrests or detention
|
|
Neither | States which did not support either declaration |
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Non-member states | States that are not voting members of the United Nations |
|
Oppose | States which supported an opposing declaration in 2008 and continued their opposition in 2011 |
|
Subsequent member | South Sudan, did not exist in 2008 |
|
Support | States which supported the LGBT rights declaration in the General Assembly or on the Human Rights Council in 2008 or 2011 |
Same-sex intercourse illegal. Penalties: | |
Prison; death not enforced
|
|
Death under militias
|
Prison, with arrests or detention
|
Prison, not enforced
1
|
|
Same-sex intercourse legal. Recognition of unions: | |
Extraterritorial marriage
2
|
|
Limited foreign
|
Optional certification
|
None
|
Restrictions of expression, not enforced
|
Restrictions of association with arrests or detention
|