In May 2014, Amnesty International identified Serbia as one of a number of countries where there is a marked lack of will to tackle homophobia and transphobia, noting that public authorities had repeatedly banned pride marches on the basis of violent threats from homophobic groups.

In June 2017, Ana Brnabić became the Prime Minister of Serbia, as the first woman and first openly gay person to hold the office, and the second female LGBT head of government overall (after Jóhanna Sigurðardóttir of Iceland).

Karađorđe's Criminal Code (Карађорђев криминални законик) was subsequently promulgated by the Serbian Jurisprudential Council (Praviteljstvujušči sovjet serbski) sometime in late spring or early summer 1807, and remained in force until 7 October 1813, when the Ottoman Empire re-gained control of Serbia.

[12] The Code penalised certain issues related to marital life and sexuality (such as forced marriage, rape, separation/divorce without the approval of a clerical court, and infanticide).

In the first post-medieval Criminal Code of the Principality of Serbia, named "Kaznitelni zakon" (Penalty Act), adopted in 1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment.

The Socialist Federal Republic of Yugoslavia restricted the offence in 1959 to only apply to homosexual anal intercourse, and the maximum sentence was reduced from 2 to 1 year's imprisonment.

[17] While same-sex couples have never been recognized by law, the new Serbian Constitution adopted in November 2006, explicitly defines marriage as being between a man and a woman (Article 62).

In July 2019, a lesbian couple, Jelena Dubović and Sunčica Kopunović, from the northern city of Novi Sad, attempted to register a civil partnership at the municipal registrar's office, but were turned away.

[19][20][21][22] In November 2020, Minister for Human and Minority Rights and Social Dialogue Gordana Čomić announced that the Law on same-sex partnerships will be in parliament in the first half of 2021.

In early 2019, the Serbian Ministry of Health imposed a ban on those with a "history of homosexual relations during the last five years" from donating reproductive cells for artificial insemination or in vitro fertilisation.

[26] On 23 April 2021, the Ministry of Health deleted the provision which determines the donor of reproductive cells for artificial insemination or in vitro fertilisation cannot be a person with a "history" of homosexual relations.

[28] In 2005, through a change in the Labor Act (Serbian: Закон о раду, Zakon o radu), discrimination based on sexual orientation in employment was banned.

That same year, Parliament approved the Act on Higher Education (Serbian: Закон о високом образовању, Zakon o visokom obrazovanju), which guarantees equal rights regardless of sexual orientation in those institutions (among other categories).

[29] The law specifically defines discrimination as follows:[30] the terms "discrimination" and "discriminatory treatment" shall be used to designate any unwarranted discrimination or unequal treatment, that is to say, [omission] in relation to individuals or groups, as well as members of their families or persons close to them, be it overt or covert, on the grounds of race, skin colour, ancestors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, gender, gender identity, sexual orientation, financial position, birth, genetic characteristics, health, disability, marital and family status, previous convictions, age, appearance, membership in political, trade union and other organisations and other real or presumed personal characteristicsOn 5 July 2011, the Parliament approved a youth act, prohibiting discrimination on the ground of sexual orientation.

The law regulates measures and activities undertaken by local governments at improving the social status of youth and creating conditions for addressing their needs and interests.

[31] Since 2003, there has been legislation (part of the Information Act (Serbian: Закон о јавном информисању, Zakon o javnom informisanju)) specifically in place to counter verbal discrimination based on sexual orientation within the media.

[32] With the adoption of the new amendments to the Anti-Discrimination Act in 2021, sex characteristics were included as a basis for prohibition of discrimination which makes Serbia the second country in the region to do so.

[33] On 24 December 2012, the Serbian Parliament approved changes to the Penal Code to introduce the concept of a "hate crime", including on the basis of sexual orientation and gender identity.

[citation needed] Many LGBT organizations have been founded in Serbia, especially in Belgrade and Novi Sad, though also in Niš, Kragujevac, Subotica, Šabac and Zrenjanin.

Pride Day celebrations in Belgrade in 2004, and another in Novi Sad in 2007, were cancelled because of the inability to provide adequate safety against violence due to resource constraints.

[46][47] The protection of LGBT people in Serbia is further complicated by the existence of various nationalist and neo-Nazi associations like "Obraz", "1389" and "Stormfront", which are supported by some right-wing political parties.

[48] In 2017, a prominent Serbian LGBT activist, Boban Stojanović, received asylum in Canada after documenting approximately 1,000 different pages of violence directed at him and his partner.

[51] On 17 May 2019, on the occasion of International Day Against Homophobia, Transphobia and Biphobia, several hundred people gathered in the center of Novi Sad for what was described as the northern Serbian city's first gay pride rally.

80% of citizens believe LGBTI+ persons should have at least some rights anticipated to be regulated by the Law on Same Sex Union, the second highest among all Western Balkan countries (after Montenegro, which adopted legislation on same-sex registered partnerships in 2020).