LGBT rights in San Marino

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.

LGBT rights in San Marino
Location of LGBT rights in San Marino (green)

in Europe (dark grey)  –  [Legend]

StatusLegal since 1864
Homosexual activity causing a public scandal criminalised in 1975, repealed in 2004
MilitaryLGBT people may serve
Discrimination protectionsYes, protections for sexual orientation and gender identity
Family rights
Recognition of relationshipsUnregistered cohabitation since 2012 (only for immigration purposes),
Civil unions since 2019
AdoptionStepchild adoption since 2019

Discrimination based on sexual orientation and gender identity is banned in San Marino. In December 2017, the Parliament approved a budget law which includes provisions legally recognising same-sex marriages performed between foreigners in the country. Furthermore, in November 2018, the San Marino Grand Council approved a bill to legalise civil unions. The law, which took effect on 5 December 2018 and became fully operational on 11 February 2019, following a number of further legal and administrative changes, allows same-sex and opposite-sex couples to enter into a union and receive some of the rights of marriage.

Legality of same-sex sexual activity

In September 2004, Article 274 of the Sammarinese Penal Code was repealed. 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 Parliament of San Marino adopted a new penal code that came into force in 1975 and contained Article 274. There are no reports, however, that Article 274 was ever applied.[1] It was the only special provision on homosexuality in the Sammarinese Penal Code.

The age of consent is equally set at 14. Additionally, it is an offence to "incite a minor under 18 years to sexual corruption".

Recognition of same-sex relationships
Main article: Recognition of same-sex unions in San Marino

Civil unions

On 15 November 2018, the San Marino Grand Council approved a bill to legalise civil unions in the microstate.[2][3] The law, which came into effect on 5 December 2018, became fully operational on 11 February 2019, following a number of further legal and administrative changes. It allows same-sex and opposite-sex couples to enter into a union and receive certain legal rights with respect to residency, citizenship, pension rights, healthcare, succession rights, and stepchild adoption.[4]

Same-sex marriage

In December 2017, the Sammarinese Parliament approved an amendment to the proposed 2018 budget law that would allow same-sex marriages of foreign couples to be performed in San Marino, with the aim of encouraging tourism. Sammarinese same-sex couples will still be banned from marrying. Now, the Government has the task of drafting legislation to implement the amendment.[5][6]

Discrimination protections and hate crime laws

On 28 April 2008, the Sammarinese Parliament approved amendments to the Penal Code, outlawing discrimination, hate crimes and hate speech on the basis of sexual orientation.[7][8] The law took effect on 3 May 2008.[9][7]

According to the 2015 U.S. State Department's "Human Rights Report", San Marino law prohibits discrimination on the basis of race, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or presence of other communicable diseases.[10]

In November 2018, during the final discussion of the civil union law, Deputy Davide Forcellini of the RETE Movement proposed to explicitly add the term sexual orientation to Article 4 of the Constitution.[11] The proposal received support from the DM-SMT, the Party of Socialists and Democrats (PSD) and the Socialist Party (PS), as well as several independent deputies.[12][13][14] In March 2019, the Parliament approved the proposal, 35 votes in favour, 8 against and 1 abstention. However, 39 votes were required. Due to failing to meet this threshold, the text was submitted to a referendum.[15][16][17][18] On 2 June 2019, voters approved the amendment, with 71,46% voting in favour.[19][20]

Article 4 of the San Marino Constitution now reads as follows:

All are equal before the law, without distinction of sex, sexual orientation, personal, economic, social, political and religious conditions.

Military service

The Sammarinese Armed Forces does not explicitly ban LGBT people from serving. The code of conduct of the police force prohibits unfair discrimination in recruitment. Furthermore, police officials are trained to properly respond to and identify discrimination, whether in public or within the police force itself.[21]

Blood donation

Gay and bisexual men are allowed to donate blood in San Marino.[22][23]

Living conditions

Until recently LGBT people in San Marino went unnoticed, with very few public debates or discussions involving the issue of LGBT rights, either in the media, society in general or politics. When LGBT groups in San Marino asked the Government to recognize 17 May as the International Day Against Homophobia, Transphobia and Biphobia, the Government rejected the proposition.[23]

There are no reports of violence and hate crimes directed at the LGBT community in San Marino.[23]

Summary table
Same-sex sexual activity legal (Since 1864)
Equal age of consent
Anti-discrimination laws in employment only (Since 2008; constitutionally since 2019)
Anti-discrimination laws in the provision of goods and services (Since 2008; constitutionally since 2019)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2008; constitutionally since 2019)
Anti-discrimination laws concerning gender identity
Hate crime laws include sexual orientation (Since 2008)
Same-sex marriage
Recognition of same-sex couples (e.g. civil unions) (Since 2019)
Stepchild adoption by same-sex couples (Since 2019)
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Conversion therapy banned on minors
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References
  1. "LAW REFORM IN SAN MARINO". Archived from the original on 4 March 2016. Retrieved 29 April 2008.
  2. "Approvata la legge sulle Unioni Civili. La commissione pari opportunità: "giornata storica per San Marino"". Rtv San Marino (in Italian). 16 November 2018.
  3. "San Marino passes civil union law for same-sex couples". Gay Star News. 16 November 2018.
  4. "Progetto di legge di iniziativa popolare "Regolamentazione delle Unioni Civili"". Consiglio Grande e Generale (in Italian).
  5. "San Marino dice sì al matrimonio gay. Ma solo per gli stranieri". 21 December 2017.
  6. "A San Marino arriva il matrimonio egualitario, ma solo per gli stranieri". Gay.it. 22 December 2017.
  7. "LEGGE 28 APRILE 2008 N.66" (PDF).
  8. "European Commission against Racism and Intolerance (ECRI) - Homepage". European Commission against Racism and Intolerance (ECRI).
  9. "Rainbow Europe". rainbow-europe.org.
  10. "SAN MARINO 2015 HUMAN RIGHTS REPORT" (PDF).
  11. "San Marino approva legge sulle unioni civili: "Più snella rispetto alla Cirinnà"". euronews (in Italian). 16 November 2018.
  12. "Rivoluzione unione civili sul Titano: nella notte passa la proposta di legge". romagnanoi.it (in Italian). 16 November 2018.
  13. "San Marino sì bipartisan alle unioni civili". Corriere Romagna (in Italian). 17 November 2018.
  14. "Unioni Civili: l'entusiasmo esplode sui social. Comitato Promotore: "Festeggiamo ma resteremo vigili"". Rtv San Marino (in Italian). 16 November 2018.
  15. "Consiglio: la Revisione Costituzionale non ottiene la maggioranza qualificata. Ci sarà referendum confermativo". Rtv San Marino (in Italian). 20 March 2019.
  16. "Consiglio, chiusura col botto: riferimento di Renzi sull'Europa e parola ai cittadini su modifiche all Carta dei Diritti". Rtv San Marino (in Italian). 20 March 2019.
  17. "Consiglio Grande e Generale: Riforma Consulta cittadini all'estero". San Marino Fixing (in Italian). 21 March 2019.
  18. "Una riflessione sul secondo quesito referendario". Libertas (in Italian). 16 May 2019.
  19. Stefanello, Viola (4 June 2019). "San Marino bans discrimination based on sexual orientation". Euronews. Retrieved 4 June 2019.
  20. Sarrubba, Stefania (4 June 2019). "San Marino bans discrimination on grounds of sexual orientation". Gay Star News. Retrieved 4 June 2019.
  21. "Decreto Delegato 11 febbraio 2015 N.13 - Codice di condotta per gli appartenenti ai Corpi di Polizia - Consiglio Grande e Generale". www.consigliograndeegenerale.sm.
  22. "Associazione Sammarinesi Volontari del Sangue e degli Organi Informazioni al donatore" (in Italian). Retrieved 7 February 2016.
  23. "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: San Marino" (PDF).

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