From Wikipedia, the free encyclopedia

LGBT rights in Portugal
Location of  Portugal  (dark green) – on the European continent  (light green & dark grey) – in the European Union  (light green)  —  [Legend]
Same-sex sexual activity legal?	Legal since 1982, age of consent equalized in 2007
Gender identity/expression	-
Recognition of relationships	Civil unions since 2001
Adoption	No joint adoption by same-sex couples
Military service	Gays and lesbians allowed to serve openly
Discrimination protections	Sexual orientation and gender identity protections (see below)

Lesbian, gay, bisexual, and transgender (LGBT) persons in Portugal are granted some of the benefits of married couples with a Uniao de Facto, established by the Government in 2001, but can`t adopt children (single can adopt though). After a long period of oppression during the Salazar dictatorship, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982,^[1] eight years after the Carnation Revolution.

Former laws against homosexuality

Homosexuality was first decriminalised in 1852, but it was made a crime again in 1886, and Portugal gradually became more oppressive of homosexuals until and throughout the dictatorship years ^[2]. It wasn't until 1982 that homosexuality was decriminalised again, and the age of consent was equalized with opposite-sex activity at 14 years of age in 2007.

Gender identity/expression

Recognition of same-sex relationships

Civil unions in Portugal were introduced for same-sex couples on 15 March 2001.

The current legislation extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years. The law covers housing arrangements, civil servants and work benefits, the option to choose a fiscal regime as married partners, and welfare benefits. The difference in the civil union law between same-sex and opposite-sex couples is that only opposite-sex couples can adopt children together.

The "registration" can be made by an application of joint tax assessment, but this is not required to benefit from the law protections.

Also in 15 March 2001, a new multi-person law ("common economy") was also approved that protects two or more persons that live in common economy with most of the rights of the de facto union, except welfare benefits.

Since December 2006, both same sex and opposite sex couples in a civil union are also recognized in the same way as married couples for citizenship applications and when a public servant wants to extend healthcare protection to the partner. The Penal Code was amended in 2007 to criminalize domestic violence in same-sex relationships, thus equalising treatment with opposite-sex couples.

In July 2009 the Portugal Pailament passed the expansion of the União de Facto then in August 2009 the Preident of Portugal vetoed the expansion of the União de Facto to include inheritance, pension rights, etc. In January 2010 the same União de Facto expansion bill will be voted on again as well as the same sex marriage bill. When these all pass and get signed into law then União de Facto partners and married couples (including same sex couples) will be treated the same - with the exception of adoption (only two people of the opposite sex that are married or in a União de Facto can adopt children). Even two people of the same sex who do marry or do not marry will not be allowed to adopt a child.

Same-sex marriage

On 1 February 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, challenged the ban in court, protesting that the refusal is unconstitutional under the 1976 constitution's ban on discrimination, and the subsequent adding of sexual orientation to it in 2004. The process moved up the judicial system and, in August 2009, the Constitutional Court ruled against their right to marriage, with 3 out of the 5 judges voting for this measure. They will appeal to European Court.

Same-sex marriage was the source of debate during the 2005 legislative elections, with the winning socialists failing to make a clear statement in favour of same-sex marriage. Prime Minister José Sócrates has stated that introducing same-sex marriage legislation is not in his government's agenda, yet he has not ruled out the possibility that such legislation be introduced if his socialist government receives a second consecutive mandate in future elections. The youth wing of his party, as well as the other two left-of-centre parties with parliamentary representation have spoken strongly in favour of same-sex marriage, while the right remains extremely opposed to any such legislation.

A petition in favor of same-sex marriage with around 7,000 signatures was delivered to the Portuguese parliament on 16 February 2006.

In December 2008 the Portuguese government claimed to be planning, if re-elected, to approve civil same-sex marriage. The government was re-elected in 2009 and on December 17 the Government approved same-sex marriage bill. Governmental initiative was considered by parliament on 8 January 2010 and passed. Adoption rights were not granted by this bill, which will come into force in April 2010.^[3][4][5][6].

A survey by the Universidade Catolica reveals that 42% of the inquired citizens were in favour of same-sex marriage^[7].

Adoption and family planning

Joint adoption of children is restricted to opposite-sex couples.

Discrimination protections

In 2003 laws against discrimination in employment based on sexual orientation came into effect. Hereto, the Constitution prohibits any form of discrimination based on sexual orientation since 2004—making Portugal one of the only countries to enshrine a ban on discrimination based on sexual orientation in its constitution. A new Penal Code 2007 came in force which strengthened the anti-discrimination legislation much further, containing several provisions that relates to sexual orientation. Organizing, supporting or encouraging discrimination based on sexual orientation (like other discriminations like race and religious beliefs) is also criminalized.^[8]

Hate crimes laws

Encourangement of violence towards persons or groups based on their sexual orientation is criminalized, and sexual orientation is considered an aggravating circumstance relating to homicide.^[8]

Living conditions

Gay Pride in Lisbon

Portugal is generally tolerant of gays. Homophobic violence is extremely rare (two reported cases in the past ten years).

There is an increasingly vibrant and dynamic gay scene in Lisbon, Oporto and in the main touristic cities of Algarve, like Lagos, Albufeira and Tavira, with several gay bars, pubs, nightclubs and beaches (specially in Algarve). Other smaller cities and regions such as Aveiro, Leiria, Coimbra, Braga and Madeira have much more discreet gay communities. In Lisbon, most LGBT-oriented businesses are grouped around the bohemian Bairro Alto and the adjacent Príncipe Real and Chiado neighbourhoods[1] [2]. In both Lisbon and Porto there are also annual Gay Pride Parades that attract tens of thousands of participants and spectators. Lisbon is also host to one of the largest LGBT film festivals in Europe, the Lisbon Gay & Lesbian Film Festival. Some portuguese beaches are very popular among LGBT population, like 19 Beach, near Costa da Caparica [3], and Barril Naturist Beach (an official naturist beach) or Cacela Velha Beach, both of them near Tavira [4].

Public opinion

A Eurobarometer survey published in late 2006 showed that only 30% of Portuguese surveyed support same-sex marriage and 20% recognise same-sex couple's right to adopt (EU-wide average 44% and 33%).^[9]

See also

LGBT portal

Portugal portal

• Politics of Portugal
• LGBT rights in Europe

References