LGBT rights in the Middle East

Evidence of homosexuality in the Middle East can be traced back at least until the time of Ancient Egypt[2] and Mesopotamia. In ancient Assyria, sex crimes were punished identically whether they were homosexual or heterosexual.[3] An individual faced no punishment for penetrating someone of equal social class, a cult prostitute, or with someone whose gender roles were not considered solidly masculine.[3] In an Akkadian tablet, the Šumma ālu, it states, "If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers".[4][5] However, homosexual relationships with fellow soldiers, slaves, royal attendants, or those where a social better was submissive or penetrated, were treated as bad omens.[6][7] A Middle Assyrian Law Codes dating from 1075 BC has a rather harsh law for homosexuality in the military, which reads: "If a man have intercourse with his brother-in-arms, they shall turn him into a eunuch."[8][9][10]

During the medieval period and the early modern age, Middle Eastern societies saw a flourishing of homo-erotic literature. Shusha Guppy of the Times Higher Education Supplement argued that although it "has long been assumed that the Arab-Islamic societies have always been less tolerant of homosexuality than the West", in "the pre-modern era, Western travelers were amazed to find Islam 'a sex-positive religion' and men openly expressing their love for young boys in words and gestures."[11]

During the Islamic Golden Age, the Abbasid dynasty is known for being relatively liberal regarding homosexuality.[12] This is due to a variety of factors, notably the move towards a more bureaucratic Islamic rule and away from literalist adherence to the scripture.

Many Islamic rulers were known to engage in, or at least tolerate, homosexual activity. For instance, Umayyad Caliph Al-Walid II was said to enjoy "al-talawut", an Arabic word for sex with other men. Abu Nuwas, one of the most prominent Arab poets to extensively produce homoerotic works, did so under the tutelage and protection of Harun al-Rashid. Harun al-Rashid's successor, Al-Amin, rejected women and concubines, preferring eunuchs instead.[13]

In the 19th and early 20th century, homosexual activity was relatively common in the Middle East, owing in part to widespread sex segregation, which made heterosexual encounters outside marriage more difficult. Georg Klauda writes that "Countless writers and artists such as André Gide, Oscar Wilde, Edward M. Forster, and Jean Genet made pilgrimages in the 19th and 20th centuries from homophobic Europe to Algeria, Morocco, Egypt, and various other Arab countries, where homosexual sex was not only met without any discrimination or subcultural ghettoization whatsoever, but rather, additionally as a result of rigid segregation of the sexes, seemed to be available on every corner."[14] Homosexuality was outlawed in 1943 in Lebanon, to conform to the rule of the Vichy regime of France. The law is known as article 543 in the country's Penal Code.[15] In Iran, men could be intimate with other men without being in a formal relationship. Young men without facial hair were considered beautiful and older men would pursue them. It was not until the nineteenth century, when Europeans began to visit Iran, that the view of homosexual male relationships became negative. European men claimed the relations between Iranian men were immoral. This European perspective was widely adopted by Iranian society.[16] This outlook on queerness within the Middle East has worsened as totalitarian governments, beginning in the 1970's, came to power and justified their values on Islamic fundamentalism.[17]

Transgender people have also faced backlash in the Middle East in the late 1900's. There was fear that because one could not differentiate men and women based on their outer appearance, it would cause instability within society. Gender reaffirming surgeries were introduced and became accessible and prevalent among transgender women in Iran. In 1976, the Medical Council of Iran outlawed gender reassignment surgery after seeing the increase of procedures among transgender women. They have changed this ruling since then.[18]

Before globalization, Middle Eastern men and women who had homosexual relations did not consider themselves to be 'homosexual'. Due to the exchanges between the West and Middle East, the idea of "homosexuality" was introduced to Middle Eastern regions and these people were then encouraged to associate themselves with new labels, such as "gay," "lesbian," "straight," and more. Before the use of these labels, people did not categorize their sexuality in that way.[19]

In Iran, Saudi Arabia, Qatar, the United Arab Emirates, and Yemen, the laws state that if a person is found of engaging in same gender sexual behavior, the death penalty would be applied.[20] According to Country Reports of the US Department of State, in Saudi Arabia there are no established LGBT organizations. Furthermore, reports of official and social discrimination on the grounds of sexual orientation remains unclear because of strong social pressure of not to discuss LGBT matters.[21]

Jordan, Bahrain, and Iraq are the only Arab countries where homosexuality is legal;[22] however, there is some stigma in the Iraqi society which sometimes leads to vigilante executions.[23] ISIS does not tolerate homosexuality.[24] Some Middle Eastern nations have some tolerance and legal protections for transsexual and transgender people. For example, the Iranian government has approved sex change operations under medical approval. The Syrian government has approved similar operations back in 2011.[25] LGBT rights movements have existed in other Middle Eastern nations, including Turkey and Lebanon. However, in both Turkey and Lebanon, changes have been slow and recent crackdown on LGBT oriented events have raised concerns about the freedom of association and expression of LGBT people and organizations.[26][27]

Israel is a notable exception, being the most progressive concerning LGBT rights and recognizing unregistered cohabitation. Anti-occupation activists have introduced this as a phenomenon under the name of pinkwashing.[28] Same-sex marriage is not legal in the country but there is public support for recognizing and registering same-sex marriages performed in other countries.[29] Israel also allows transgender individuals to legally change their gender without surgery.[30] Transgender individuals can serve openly in the Israel Defense Forces.[31]

There are different legal systems in Palestine. A report of Human Rights Watch in relation to sexual orientation and gender identity in the Middle East notes:

The British Mandate Criminal Code Ordinance, No. 74 of 1936 is in force in Gaza. In the West Bank, including East Jerusalem, the Jordanian Penal Code of 1960 applies, and does not contain provisions prohibiting adult consensual same-sex conduct. In Gaza, having "unnatural intercourse" of a sexual nature, understood to include same-sex relationships, is a crime punishable by up to 10 years in prison. In February 2016, Hamas’s armed wing executed one of its fighters ostensibly for "behavioral and moral violations," which Hamas officials acknowledged meant same-sex relations.[32]

Arab and Muslim views of homosexuality as a purely "Western" creation have been explored in the film Dangerous Living: Coming Out in the Developing World. The starting line of the dialogue spoken by an as yet unseen gay Egyptian man stating "I was accused of being Westernized."[33] Nadya Labi wrote in The Atlantic in 2007 that despite the legal and religious prohibitions against same-sex sexual activity in Saudi Arabia, it was still commonplace there due to gender segregation and the view that having sex with others of the same sex does not define one's identity, although the Western view of LGBT identity was beginning to appear in that country.[34]

A report of Human Rights Watch in relation to LGBT rights in the Middle East notes:

In a few places, like Egypt and Morocco, sexual orientation and gender identity issues have begun to enter the agendas of some mainstream human rights movements. Now, unlike in earlier years, there are lawyers to defend people when they are arrested, and voices to speak up in the press. These vital developments were not won through identity politics. Those have misfired disastrously as a way of claiming rights in much of the Middle East; the urge of some western LGBT activists to unearth and foster ‘gay’ politics in the region is potentially deeply counterproductive. Rather, the mainstreaming was won largely by framing the situations of LGBT (or otherwise-identified) people in terms of the rights violations, and protections, that existing human rights movements understand. (Human Rights Watch 2009, p. 18)[35]

Although many Middle Eastern countries have penal codes against homosexual acts, these are seldom enforced due to the difficulty to prove unless caught in the act. In the Middle East today many countries still do not have codification of homosexuality or queerness as an identification of sexual orientation.[36] In Saudi Arabia, gender segregation is practiced to uphold the purity of women, because this separation exists some women and men will openly seek homosexual companionship in open spaces like coffee shops, public bathrooms, their cars, and their households. To navigate their own sexuality many men who engage in homosexual acts in Saudi Arabia do not deem the acts to be homosexual unless they are a bottom, which is a sexual position deemed to be more feminine while a top is deemed to be masculine.[34]

In Iran there is a strict gender binary. The government enforces the gender binary by suppressing information about homosexuality and encouraging people questioning their sexuality to undergo sex reassignment surgery. Since the sex reassignment surgery is accepted by the government and religious institutions along with obtaining funding from the government for the surgery many Iranians who are attracted to the same sex see this as a way to be public about their sexual orientation without being persecuted by the government.[36] Since being homosexual is not an option presented to Iranians there has been a surge in the amount of Iranians who undergo gender reassignment surgery when their sexual orientation is towards the same sex. Sex reassignment surgery is encouraged by clerics, psychologists, and the government as homosexuality is illegal and punishable by lashing or execution.[37] This has led to a bolstering transgender community in Iran as homosexuality has been removed from society as an identity leading homosexuals and transsexuals to all seek gender reassignment surgery. The people who undergo these surgeries are fully accepted by the government but families still often reject family members who undergo gender reassignment surgery. Family members are a primary resource for job acquisition in Iran. Without a social network to call on for job leads it is increasingly difficult to find work, and transsexuals are discriminated against in the job market forcing them into sex work.[38]

Listed below are a few ally organizations that aim to help and support LGBT people in the Middle East. Other organizations with the same goal exist as well; however, these are the organizations that have made the most impact in the regions thus far.

Rainbow Street

Rainbow Street is a non-governmental organization (NGO) that is determined to help LGBT people in the Middle East and North Africa (MENA) region in any way they need. This includes:

• "working with local health providers to promote mental and physical health of local LGBT community members
• to provide regular cash stipends to exceptionally vulnerable LGBT people to alleviate the challenges of homelessness, food insecurity, and other barriers to dignity and self-determination"[39]

Outright Action International

Outright is a NGO that promotes human rights of LGBT people around the world, including in the Middle East. The organization focuses more on Iraq, Iran, and Turkey, but also partners with other groups in the region in order to listen to local LGBT activists, and advocate on their behalf at the United Nations.[40]

Helem

Helem (Arabic: حلم) is a NGO based in Lebanon, established int the 2000's, that has the main goal of annulling article 534 in Lebanon's Penal Code which punishes "unnatural sexual intercourse", most commonly used to target people that do not conform to society's gender binary system. Helem's other goals include making Lebanese society more aware about the AIDS epidemic and other sexually transmitted diseases in the country, and advocating for the rights of Lebanese LGBT individuals. Helem also allows allies to access membership to the organization.[41] The name is an acronym for Himaya Lubnaniya lil Mithliyeen wal Mithliyat, which translates to "Lebanese protection for gays and lesbians." The acronym itself means "dream."[15]

This section is by no means exhaustive, and does not cover every particular law pertaining to LGBT rights. This is partly due to the non-existence of these laws in some Middle Eastern States, and also due to the laws being available in Arabic.

A large majority of the data in the previous table originates from research a study conducted by Human Rights Watch.

Beyond the sphere of legislative politics, individuals who practice behaviors that can be considered LGBTQ and/or people who directly identify as lesbian, gay, bisexual, trans, or queer often face profound social consequences due to this designation falling outside of the cultural "normal". These consequences can include negative repercussions in one's family life and social marginalization, as well as direct violence and even honor killings. Discrimination towards LGBTQ people is therefore not only a legal matter but a social and cultural phenomenon that must be understand beyond just the letter of the law as it is codified. Due to the power dynamics specific to societies in the Middle East today, one must therefore look not only to law but also to social norms and cultural practices in order to understand the state of LGBTQ rights in the region. As put by Sabiha Allouche, Senior Teaching Fellow at the University of London SOAS, the traditional "formulation of the legal sphere" throughout the history of queer advocacy in the West is "not necessarily applicable to contexts where penal codes often intertwine with further regulatory systems, including religion, customs, traditions, and kin-based patterns of governance."[46] The elitism and jargon endemic to the NGO-ization of human rights advocacy in the region can actually impede the endeavors of these organization, in that NGO-ization causes the work of local activists to be perceived as systematic colonial intervention from the west.[46]

As happens in European and North American nations, interpretations of religious doctrine are commonly used as justifications for violence and exclusion of gay people from society. Christian populations in the Middle East persecute gay people as well, demonstrating that cultural customs may play a role as much as religion. The centrality of heterosexual family structures to social and religious rituals can also lead to heightened scrutiny from people in one's own family.

Due to the illegality and stigma around people who identify as LGBT, there is a dearth in the quantity of credible data collected regarding violence and discrimination that LGBT individuals face on a daily basis. However, a report written by Outright International submitted to UNHRC regarding violence and discrimination based on sexual orientation and gender identity in Iraq has found that despite LGBT rights being protected by the law, there exists no feasible legal recourse for victims of such hate crimes.[47]

Due to a rise in Islamic conservatism in the late 20th century in the region, any non-conforming sexual behavior is condescended, and incriminating in most countries, as previously stated. It is popularly believed that this opinion is shared only by government officials and religious men. However, a Pew Research Center survey conducted in 2018 disproved this when it was found that over 80% of people polled rejected homosexuality as "morally unacceptable".[17] Those who do identify with the LGBTQ community live in hiding due to the fear of backlash and punishment. While some are comfortable to attend LGBTQ themed events, many will wear masks to cover their identities. Thus, it is unclear how many are actually in support of LGBTQ rights.[48]

• Beirne, Rebecca and Samar Habib. "Trauma and Triumph: Documenting Middle Eastern Gender and Sexual Minorities in Film and Television" (Chapter 2). In: Pullen, Christopher. LGBT Transnational Identity and the Media. Palgrave Macmillan. 29 February 2012. ISBN 0230353517, 9780230353510.
• El-Rouayheb, Khaled. Before Homosexuality in the Arab-Islamic World, 1500-1800, Chicago: University of Chicago Press, 2005. See profile page
• Habib, Samar. Female Homosexuality in the Middle East: Histories and Representations. Routledge, July 18, 2007. ISBN 0415956730, 9780415956734. View pages at Google Books.
• Patanè, Vincenzo. "Homosexuality in the Middle East and North Africa" in: Aldrich, Robert (ed.) Gay Life and Culture: A World History, Thames & Hudson, London, 2006
• Whitaker, Brian. Unspeakable Love: Gay and Lesbian Life in the Middle East. University of California Press, 2006. ISBN 0520250176, 9780520250178. See pages at Google Books.
• Wright, J. W., Jr. and Everett K. Rowson (editors). Homoeroticism in Classical Arabic Literature. Columbia University Press, 1997.

• Rainbow Street, LGBT human rights organization.