LGBT rights in San Marino

Homosexuality was decriminalised in San Marino in 1864.

From 1975 to 2004, Article 274 of the Criminal Code prohibited homosexual acts if they had been engaged in "habitually" and thereby caused "public scandal". The punishment imprisonment for no less than three months and no more one year. 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.

Article 274 was eventually repealed in September 2004.

The age of consent is set at 14 for both opposite-sex and same-sex sexual acts. Additionally, it is an offence to "incite a minor under 18 years to sexual corruption".

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

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.[10] 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.[11][12][13] 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.[14][15][16][17] On 2 June 2019, voters approved the amendment, with 71.46% voting in favour.[18][19]

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

• Tutti sono uguali davanti alla legge, senza distinzioni di sesso, orientamento sessuale, condizioni personali, economiche, sociali, politiche e religiose.
• All are equal before the law, without distinction of sex, sexual orientation, personal, economic, social, political and religious conditions.

In November 2019, during the country's Universal Periodic Review, San Marino accepted recommendations from Liechtenstein, Luxembourg and Mexico to outlaw discrimination on the basis of gender identity.[20]

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]

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

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 in the early 2000s, their proposition was rejected.[23]

The country's sex education programme, accompanied by emotional education programmes, expressly provide for knowledge of LGBT rights. The "Curriculum of education to citizenship" also provides for knowledge of LGBT matters.[20]

There are occasionally reports of violence and hate crimes directed at the LGBT community in San Marino.[24][23] In June 2019, the electorate voted with 71% to outlaw discrimination on the basis of sexual orientation.

• Politics of San Marino
• LGBT rights in Europe