LGBT rights in Libya
Lesbian, gay, bisexual, and transgender (LGBT) persons in Libya face legal challenges not experienced by non-LGBT residents. Since the fall of Gaddafi regime in 2011, the status regarding homosexuality in Libya remains unchanged.
 | |
| Status | Illegal |
| Penalty | Up to 4 years in jail or death[1][2] |
| Gender identity | No |
| Military | Yes |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Adoption | No |
Legality of same-sex sexual activity
Criminal laws
The country's criminal code prohibits all sexual activity outside of a lawful marriage. Under Article 410 of the Libyan Penal Code, Private homosexual acts between consenting adults are illegal.[3]
In the 1990s, the General People's Congress began to approve "purification" laws designed to enforce a harsh view of Islamic law on the population. Libyan courts were given the power to use amputation, flogging and other punishments against persons found to be violating traditional Islamic morality.[4]
In 2010, the Gay Middle East blog, reported that two adult men had been charged with "indecent acts", which meant cross-dressing and homosexual conduct.[5]
Female homosexuality would also appear to be illegal, as is making any sort of public acknowledgment that a person is gay. In 2010 a French asylum case involved a Libyan girl who sought asylum after being jailed, raped and then returned to her family for a forced marriage after she made a public statement online that she was gay.[6] Vigilante executions, in lieu of the penal code, are more commonplace in ISIS-controlled territories.[1][2]
The criminal code is still technically in operation, although much of Libya is run by competing militias who may choose to execute LGBT people. ISIS in Libya has publicly executed men for homosexuality.[7]
Gaddafi Government
The Gaddafi government did not permit the public advocacy of LGBT rights. When discussed, it was always in a negative manner, in keeping with traditional Islamic morality.
In 2003, Gaddafi stated that he believed that it was "impossible" to contract AIDS–HIV through unprotected, heterosexual vaginal sex.[8]
Transititional Government
The Transitional post-Gaddafi government continues to oppose LGBT rights. In February 2012 a Libyan delegate sparked outrage after telling a United Nations human rights panel that gay people threaten the future of the human race.
Interim Constitution
The Transitional Constitution stipulates that Islam is the official religion and a source of law.[9]
The Transitional Constitution also pledges to respect the people's right to have a private life.[9]
2019:
As of 2019, Libya has one LGBTQ+ NGO called Kun Libya.[10] Libya's LGBT identifying population remains as of today under pressure to remain closeted due to the fall of the state since 2014.
Summary table
| Same-sex sexual activity legal |  Punishment of 4 years or vigilante execution[1][2] |
| Equal age of consent | |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
References
- "Libyan 'Gay' Men Face Torture, Death By Militia: Report (GRAPHIC)". 26 November 2012 – via Huff Post.
- "The situation of homosexuals in Libya is getting worse". D+C.
- "Libyan Penal Code of 1953, Amended 1956 (selected provisions related to women) – 4: Title III – Offences Against Freedom, Honour and Morals". Corpus of Laws. Women's Learning Partnership. 5 October 2013. Archived from the original on 8 February 2018. Retrieved 19 May 2017.
- Stokke, Hugo; Suhrke, Astri; Tostensen, Arne; Haanæs, Øystein Rygg (1997). Human Rights in Developing Countries: Yearbook 1997. The Hague: Kluwer International. ISBN 978-90-411-0537-0.
- Littauer, Dan (25 December 2010). "Libya: Two Men Arrested for 'Indecent Acts'. gaymiddleeast.com (via globalgayz.com). Retrieved 15 September 2011.
- Staff (25 October 2010). "Libya: Lesbian To Request Asylum In France". Ansa Mediterranean (via globalgayz.com). Retrieved 15 September 2011.
- "The situation of homosexuals in Libya is getting worse". D+C. Retrieved 1 July 2019.
- Young, Craig (8 March 2011). "Being Gay under Gaddafi" Archived 2 November 2011 at the Wayback Machine. GayNZ.com. Retrieved 15 September 2011.
- "The Constitutional Declaration" (PDF). Retrieved 12 February 2020.
- "Home – Kun Libya Platform". Retrieved 19 December 2019.