The number of countries in the world that legally recognize same-sex and non-heterosexual marriages is 37 according to data compiled by the Pew Research Center. All of the legislation codifying legal recognition was passed within the last 20 years – some more recently than others – which may point to a cultural shift in the acceptance of Lesbian, Gay, Bisexual, Transgender and Queer people.

However, a majority of sovereign nations across all seven continents have what Human Rights Watch (HRW) defines as anti-LGBTQ laws. According to H.R.W., these anti-LGBTQ laws extend beyond gay marriage such as targeting transgender people, not allowing adoption and In vitro fertilization (I.V.F) for same-sex couples and banning LGBTQ-associated activism and symbols. The punishments for breaking these laws range from hefty fines to corporal punishments and the death penalty. The fight to protect people in the LGBTQ Community and their rights is ongoing and seems far from over.

Progress for LGBTQ Rights

Taiwan became the first country in Asia, according to reporting from the New York Times, to legally recognize same-sex marriages in May 2019 after its constitutional court repealed the part of the marriage Civil Code that defined a union as between a man and woman; the Legislative Yuan voted in favor of the change. In May 2023 Taiwan also granted the right for same-sex couples to adopt children.

Spain passed a law in February 2023 allowing anybody over the age of 16 to change their registered gender marker on official documents. The Guardian wrote the law also bans conversion therapy and stops public subsidy funding to groups that “incite or promote LGBTIphobia.” Parliament did manage to pass the new transgender law despite “protests from feminist groups, warnings from opposition parties and amid tensions between different wings of the Socialist-led coalition government,” according to The Guardian’s reporting. 

In November 2021, Botswana’s Court of Appeal upheld a lower court’s decision to decriminalize same-sex conduct. In a reading of the five justices’ unanimous decision, former President of the Botswana Court of Appeals Ian Kirby said that “criminalizing same-sex activities violates the constitutional right of lesbians, gays, bisexual and transgender persons.” The Botswana lawyer representing the LGBTQ community told Voice of America in an interview, “It is indeed a great victory for the nation, for the lovers of human rights, for my clients,” Kirby said. “It is a decision of the highest court that will reverberate around the world.”

The Targeting of Same-Sex Relations and LGBTQ Activism

The Associated Press (AP) reported that on Sept. 17, 2024, Georgia’s parliament voted on its ‘Family Values’ bill which provides the legal basis to ban same-sex marriage, outlaw Pride events and display of the rainbow flag and criminalize public endorsement of LGBTQ relationships in media including films and books. Georgia’s population is predominantly Orthodox Christian and the Orthodox Church has a heavier political influence. 

In July 2023, a Pride celebration in Tbilisi, Georgia was stormed by 2,000 protestors including Orthodox Christian clergy, and rainbow flags were burned, according to the BBC. The festival was immediately canceled after the attack, and it was said by organizers the attack was preceded by homophobia and LGBTQ hate speech. President Salome Zurabishvili told BBC that some of the protestors were members of the Right-wing Georgian Dream party and accused police and politicians of not doing enough to keep the event safe. BBC wrote that protestors also attacked journalists and activists at an LGBTQ event in Tbilisi in 2021. 

AP reported over the past 10 years, Russia has introduced more anti-gay legislation and additionally designated LGBTQ+ activists as part of an LGBTQ+ “movement” and illegal “extremist organization.” However, PBS News reported that in June 2024, the war between Russia and Ukraine emboldened Ukrainian service members to wear rainbow patches and protest for their government to grant same-sex partners more rights such as “to make medical decisions for wounded soldiers and bury victims of the war.”

Reuters wrote that on April 3, 2024, Uganda’s Constitutional Court refused to annul the ‘Anti-Homosexuality Act 2023’ despite sanctions and restricted travel of Ugandan officials from Western countries. The Act includes the obligation of Ugandan citizens to “report anyone they suspect of engaging in homosexuality,” and allows the punishment of up to 20 years in jail for those who “promote” homosexuality. United Nations High Commissioner for Human Rights (OHCHR), Volker Türk, told Reuters in an interview that 600 people have experienced human rights violations based on sexual orientation since the passing of the Act. 

Barriers to LGBTQ Adoption and Use of I.V.F 

Our World Data, a research institute based at the University of Oxford Martin School, obtained data from Equaldex and processed it for all countries (except Greenland where no data was provided) on the legal status of same-sex couples adopting children. Here are the quick facts:

• 39 countries have completely legalized adoption by same-sex and LGBTQ couples and recognize both individuals’ rights as legal parents of the child.
• 44 countries’ laws say it is illegal for same-sex and LGBTQ couples to adopt.
• 100 countries allow ‘single parent adoption’ only, which means an LGBTQ person who is single is allowed to adopt a child, but if married or in a romantic relationship is not.
• Italy is the only country that allows ‘second parent adoption,’ which means that if an LGBT-identifying person already has a child, their partner is allowed to apply to adopt the child and be granted equal recognition as a parent.

Adoption however is not the only way LGBTQ couples may wish to start a family. Surrogacy and I.V.F are extremely common options but simultaneously have greater legal restrictions and healthcare and financial barriers. 

In the U.S. for example, LGBTQ couples still face barriers to fertility treatments even though the country legally recognizes gay marriage and adoption. In a report published by Massachusetts General Brigham, a Harvard University Medical School-affiliated hospital, researchers found that “[Food and Drug Administration] regulations have created systematic barriers for sexually and gender diverse patients,” and that the FDA regulations “make it more difficult and often more expensive for them to access sperm banking and storage.”

Andrew Shin, the lead researcher and co-author, said in an interview with Mass General Brigham that LGBTQ individuals have been historically oppressed. “The regulations result in discrimination based on sexual orientation and gender identity because cisgender heterosexual couples do not have these issues at all,” Chiam said. Cisgender is when a person identifies as the gender they were assigned at birth (Male or Female).

The Targeting of Transgender People and Gender Expression

According to reporting from Euro News, Sweden, a country hailed as a progressive and “pioneering” leader in LGBTQ rights, decided to start restricting gender-affirming hormone therapy for minors in February 2023. The Swedish National Board of Health and Welfare told Euro News that “the risks outweigh the benefits currently.” Their position has changed since 2015 when the Board initially said “puberty blockers and cross-sex hormones” were “safe.” Euro News reported that proponents of hormone therapy say especially for young adults, treatment is key to helping sufferers of gender dysphoria transition to the gender they identify with. 

The International Lesbian, Gay, Bisexual, Trans and Intersex Association, a federation that has consultative status with the United Nations Economic and Social Council, published its third and most recent ‘Trans Legal Mapping Report’ in 2020. The report found there are de jure and de facto anti-transgender laws in many countries. In 47 U.N. member states it is illegal to transition to a gender not assigned at birth and in 13 member states some laws criminalize transgender people such as through banning “cross-dressing” or anti-Gay laws that conflate gender with sexuality. Countries listed in the report that have these laws include Lebanon, the United Arab Emirates and Iran.

In an interview with Forbes Magazine, Zhan Chiam, the Report’s co-author, said that it’s not only laws that need repealing but the attitudes of Police and society toward Transgender people also need to change. “In every region of the world where we have been documenting legal gender recognition, regressions have occurred, often in the form of so-called ‘gender ideology’, the emergence of exclusionary movements, and right-wing politicians positing LGBT against national identities,” Chiam said. 

How to Fight LGBTQ Discrimination 

The World Economic Forum suggested three actions that could lead to more protection and awareness of LGBTQ rights: increasing history education and understanding of how LGBTQ identities have existed in different cultures “From prehistoric rock paintings in South Africa .. to the Filipina transgender Goddess of fertility, Lakapati;” working to pass more anti-discrimination policies such as enacting laws which prevent harassment and job discrimination based on sexual orientation; and, increase the number of LGBTQ people in media from film and television producers, scriptwriters and casting directors, to books featuring diverse LGBTQ stories and characters.

Amnesty International emphasized that learning from the lived experiences of LGBTQ people around the world and listening to the realities of those on the ground is the first step to understanding and collaborating with local community leaders and activists to change or improve LGBTQ laws. Increasing awareness of the fight for equality, equity and safety from hate that LGBTQ people still contend with will also help educate the public and potentially shift negative attitudes.