Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Brunei face legal challenges not experienced by non-LGBTQ residents.

Before the 2019 implementation of the Syariah Penal Code Order (SPCO), homosexual acts were punishable by up to 10 years imprisonment, even if they were private and consensual.

[8][10] Provisions of the SPCO dealing with adultery and sodomy, prescribing death by stoning and corporal punishments, were scheduled to come into force on 3 April 2019.

[11] Following widespread international condemnation and media attention, which included[12][13] an open letter from American actor George Clooney calling for the boycott of the Sultan of Brunei's luxury hotels—The Beverly Hills Hotel and Hotel Bel-Air among them—the Brunei government extended its moratorium on the death penalty to encompass the SPCO in May 2019.

[5] As the sultan is an absolute monarch with full executive power, removing the moratorium and reinstating capital punishment would require minimal process and could occur without warning.

[11] LGBTQ people, as well as the Christian and Buddhist minorities, have been advised by international human rights activists to remain discreet in the country.

[2] Sexual relations between women is punishable by a combination of any two of three stipulated penalties: a caning of forty lashes, a maximum prison term of 10 years, and a fine of up to B$40,000.

In July Chapter 22 of the Penal Code Order was amended to increase the minimum sentence for such carnal intercourse to between 20 and 50 years' incarceration.

The amendment was primarily applied in cases of rape or child abuse wherein both attacker and victim are male, because existing law covers only assault of a woman by a man.

Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported unofficial and societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities.