LGBT rights in San Marino

LGBT rights in San Marino

Location of  LGBT rights in San Marino  (green)

in Europe  (dark grey)  –  [Legend]

Same-sex sexual activity legal? Legal since 1864
Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004
Discrimination protections Yes[1]
Family rights
Recognition of
relationships		 Unregistered cohabitation since 2012
1 Entitlement - Immigration for partners only
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Law regarding same-sex sexual activity

In September 2004 article 274 in the Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they had been engaged in "habitually" and thereby caused "public scandal".

The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained article 274. There are no reports that article 274 was ever applied.[2] It was the only special provision on homosexuality in the San Marinese penal code.

The age of consent is equally set at 14 (Art. 173 CP; the same as in Italy). Additionally (unlike in Italy) it is an offence to "incite a minor under 18 years to sexual corruption" (Art. 177 CC). This law could be a source for discriminatory enforcement in the case of homosexual relations.

Recognition of same-sex relationships

There is no legal recognition of same-sex couples. However, on the 17th of June 2012, the country's parliament passed a bill to allow foreign persons in same-sex relationships with San Marino citizens to stay in the country. The bill stops short of giving any rights to these couples (apart from immigration) but was regardless hailed as a historic step forward. Michele Pazzini, secretary of a San Marino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.[3]

In April 2014, a Sammarinese man married in London filed a petition to start a debate on recognition of foreign same-sex marriages in San Marino.[4] On 19 September 2014, the parliament debated and rejected the proposed changes on a vote of 35–15.[5] On 8 April 2015, the same man attempted to register his marriage in the country.[6]

In March 2016, three parties announced their own proposals to create a new gender-neutral partnership law that will expand the rights of all unmarried cohabiting couples. The main coalition party ruled out adoption rights for same-sex couples while an opposition party included them in their draft. The center-left coalition partner has said that it is open to the idea of same-sex parenting and may bring the issue of stepchild adoption to a fourth proposal.[7]

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws for sexual orientation
Anti-discrimination laws for gender identity or expression
Hate crime laws include sexual orientation (Since 2008)[8]
Hate crime laws include gender identity or expression
Recognition of same-sex couples (e.g. civil unions) (1 Entitlement - Immigration for partners only; civil unions proposed)
Step adoption by same-sex couples (Proposed)[9]
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Commercial surrogacy for gay male couples
Access to IVF for lesbians
Same-sex marriages
MSMs allowed to donate blood [10]

See also

References

  1. ↑ Promulghiamo e mandiamo a pubblicare la seguente legge ordinaria approvata dal Consiglio Grande e Generale nella seduta del 23 aprile 2008
  2. ↑ LAW REFORM IN SAN MARINO
  3. ↑ San Marino axes medieval law to let gay couples live together
  4. ↑ "San Marino Considering Recognition Of Out Of State Marriages". Towleroad. 8 April 2014.
  5. ↑ "San Marino rebuffs same-sex marriage, abortion proposals". Gazzetta Del Sud. 19 September 2014.
  6. ↑ Chiesta a San Marino la prima trascrizione di matrimonio gay
  7. ↑ (Italian) San Marino. Unioni civili, presto sul tavolo tre bozze di legge
  8. ↑ http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
  9. ↑ (Italian) San Marino. Unioni civili, presto sul tavolo tre bozze di legge
  10. ↑ "Associazione Sammarinesi Volontari del Sangue e degli Organi » Informazioni al donatore". www.avsso.org. Retrieved 2016-02-07.


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