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LGBTQ rights in Bahia

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LGBTQ rights in Bahia
Legal statusLegal since 1830,[1] age of consent equalised
Gender identityGender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018
MilitaryAllowed to serve openly[3]
Discrimination protectionsSexual orientation since 1997 Gender identity since 2019
Family rights
Recognition of relationshipsSame-sex marriage since 2012[4][5]
AdoptionLegal since 2010[6]

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Bahia have been the subject of advances over the last few decades, driven by social movements, public policies and specific legislation. The Brazilian state is often cited as a pioneer in implementing initiatives aimed at promoting citizenship and protecting the rights of the community, in addition to acting to combat discrimination and violence.

Legality of same-sex sexual activity

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Same-sex sexual activity has been legal in Bahia, as well as throughout Brazil, since 1830.

Recognition of same-sex unions

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Same-sex marriages have been recognized by notaries in the state of Bahia since November 26, 2012.

Statistics

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According to the Grupo Gay da Bahia (Gay Group of Bahia – GGB), the book of homosexual stable union, instituted years ago, states that do not recognize registration of marriages in the registry, the Instituto Nacional de Segurança Social – INSS (National Institute of Social Security) still recognizes this document as a means for, occasionally, sharing inheritance, receiving a pension, etc. There are already 30 legal cases in the State of Bahia between gays and lesbians. This includes a case in which the companion died and the surviving spouse received the pension.[7]

Discrimination protections

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Bahia was the first Brazilian state to enact an anti-discrimination ordinance in 1997.[8]

Adoption and parenting

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On March 9, 2010, the Justice of the city of Salvador, Bahia, authorized the adoption of a child by a lesbian couple.[9]

Life conditions

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Activism and advocacy

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Grupo Gay da Bahia, the oldest gay rights organization in Brazil, was founded in Salvador, Bahia in 1980.

Events

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Salvador plays host to an annual Pride parade every September with 800,000 people having attended in 2010.[10]

Homophobia

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In 2004, Grupo Gay da Bahia released a list with the names of 159 murdered members of the LGBTQ community in that year.[11] There is also a list with the names of people that allegedly suffered from human rights abuses in the same year. Some deaths caused directly by homophobia.[12]

Healthcare

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The program of prevention of STD/AIDS with transvestite sex workers of Bahia presents excellent results: after research on the local community, a booklet, a folder and a poster were produced, all with realistic language and images peculiar to this subculture. Every week safer sex workshops and direct contact with the transvestites in different prostitution areas are accomplished. In six months, the program recorded 900 interventions, and distributed 14,400 condoms. Programs of STD/AIDS together with transvestite sex workers must use strong elements of the local subculture and count on the trust of the social actor in order to be successful.[13]

Politics

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One of the candidates for city council of Salvador, Bahia, the third largest city in Brazil, that won the seat, was Leo Kret, a transvestite club dancer and was the most voted for of the candidates. So when she took office, she defied the dress code norms insisting that her wardrobe would be strictly feminine and insisted on using the women's restroom.[14]

Leo Kret received 12,861 votes in the city, by the Republican Party (PR-BA) in the municipal elections of 2008.[15] In the day of election, she said that she will defend the LGBT rights.[16] She has aspirations to become the president of Brazil one day.[17]

Summary table

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Same-sex sexual activity legal Yes (Since 1830)
Equal age of consent Yes (Since 1830)
Anti-discrimination laws in employment only Yes (Since 1997)[8]
Anti-discrimination laws in the provision of goods and services Yes (Since 1997)[8]
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes (Since 1997)[8]
Same-sex marriages Yes (Since 2012)
Recognition of same-sex couples Yes (Since 2011)
Stepchild adoption by same-sex couples Yes (Since 2010)
Joint adoption by same-sex couples Yes (Since 2010)
LGBTQ people allowed to serve openly in the military Yes
Right to change legal gender Yes (Since 2008)
Non-binary gender recognition Yes (Since 2022)[18]
Conversion therapy by medical professionals banned Yes (Since 1999 for homosexuals and since 2018 for transgender people)[19][20]
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes

See also

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References

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  1. ^ 16 December 1830 Law (in Portuguese)
  2. ^ Changing legal gender assignment in Brazil (in Portuguese)
  3. ^ Gays and Lesbians allowed to serve openly in the Brazilian Military Archived October 5, 2011, at the Wayback Machine (in Portuguese)
  4. ^ "Portal CNJ - CNJ determina que cartórios terão de reconhecer união de pessoas do mesmo sexo". Archived from the original on June 15, 2013. Retrieved May 14, 2013.
  5. ^ "Brazilian judicial council orders notaries to recognize same-sex marriage". CNN. May 15, 2013.
  6. ^ Adoption of same-sex unions in Brazil (in Portuguese)
  7. ^ Globo: STJ determina que previdência privada pague pensão a homossexual (LGBT Pension is legal in Brazil by Supreme Court of Justice) (in Portuguese)
  8. ^ a b c d Sexual orientation laws in Brazil Archived 2015-09-23 at the Wayback Machine (in English)
  9. ^ Adoption by same-sex couple in Bahia (in Portuguese)
  10. ^ 2010 Salvador Gay pride parade (in Portuguese)
  11. ^ "Assassinatos de Homossexuais do Brasil – 2004" (Murdered LGBT people in 2004) Grupo Gay da Bahia. DOC (in Portuguese)
  12. ^ VIOLAÇÃO DOS DIREITOS HUMANOS DOS GAYS, LÉSBICAS, TRAVESTI E TRANSEXUAIS NO BRASIL: 2004" (Violation of human rights of gays, lesbians, transvestites and transsexuals in Brazil in 2004. Grupo Gay da Bahia. DOC (in Portuguese)
  13. ^ Transvestite population and situation in Brazil (in English)
  14. ^ Transvestite politician in Salvador, Bahia (in English)
  15. ^ Vereadora transexual, Leo Kret, toma posse em Salvador Archived 2012-07-20 at archive.today (in Portuguese)
  16. ^ "Quero acabar com a homofobia e o preconceito", diz Leo Kret na posse em Salvador Archived 2009-11-11 at the Wayback Machine (in Portuguese)
  17. ^ Terra Magazine: Leo Kret: "Quero ser presidenta do Brasil" Archived 2011-07-16 at the Wayback Machine (in Portuguese)
  18. ^ tao_adm (2022-05-13). "TJ/BA aprova a inclusão de gênero não-binário no registro civil após solicitação da Defensoria e MP". Defensoria (in Brazilian Portuguese). Retrieved 2025-07-27.
  19. ^ "RESOLUÇÃO CFP N° 001/99 DE 22 DE MARÇO DE 1999" (PDF). site.cfp.org.br (in Brazilian Portuguese).
  20. ^ "RESOLUÇÃO Nº 1, DE 29 DE JANEIRO DE 2018" (PDF). site.cfp.org.br (in Brazilian Portuguese).
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