LGBT rights in Russia

Public opinion in Russia tends to be hostile toward homosexuality and the level of intolerance has been rising.[28] A 2022 survey found that 74% of Russians said homosexuality should not be accepted by society (up from 60% in 2002), compared to 14% who said that homosexuality should be accepted by society.[29] In a 2015 survey of 2,471 Russians, 86% said homosexuality should not be accepted by society.[30] In a 2007 survey, 68% of Russians said homosexuality is always wrong (54%) or almost always wrong (14%).[31] In a 2005 poll, 44% of Russians were in favour of making homosexual acts between consenting adults a criminal act;[32] at the same time, 43% of Russians supported a legal ban on discrimination on the basis of sexual orientation.[32] In 2013, 16% of Russians surveyed said that gay people should be isolated from society, 22% said they should be forced to undergo treatment, and 5% said homosexuals should be "liquidated".[33] In Russian psychiatry, Soviet mentality about homosexuality has endured into the present day.[34] For instance, in spite of the removal of homosexuality from the nomenclature of mental disorders, 62.5% of 450 surveyed psychiatrists in the Rostov Region view it as an illness, and up to three-quarters view it as immoral behavior.[34] The psychiatrists sustain the objections to pride parades and the use of veiled schemes to lay off openly lesbian and gay persons from schools, child care centres, and other public institutions.[34] A Russian motorcycle club called the Night Wolves, which is closely associated with Russian President Vladimir Putin and which suggests "Death to faggots" as an alternate name for itself,[35] organized a large Anti-Maidan rally in February 2015 at which a popular slogan was "We don't need Western ideology and gay parades!"[36]

Neither same-sex marriages nor civil unions of same-sex couples are allowed in Russia. In July 2013, Patriarch Kirill, the leader of the Russian Orthodox Church, of which approximately 71% of Russians are adherents,[37] said that the idea of same-sex marriage was "a very dangerous sign of the Apocalypse".[38] At a 2011 press conference, the head of the Moscow Registry Office, Irina Muravyova, declared: "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail. We live in a civil society, we are guided by the federal law, [and] by the Constitution that clearly says: marriage in Russia is between a man and a woman. Such a marriage [same-sex] cannot be contracted in Russia."[39] The vast majority of the Russian public are also against same-sex marriage.[32][40] In July 2020, Russian voters approved a Constitution amendment banning same-sex marriage.[41] In the 2021 case Fedotova and Others v. Russia, the European Court of Human Rights ruled that it was a violation of human rights for Russia not to offer any form of legal recognition to same-sex relationships.[42] However, Russia left the court in 2022.

Before 1993, homosexual acts between consenting males were against the law in Russia,[6] and homosexuality was considered a mental disorder until adoption of ICD-10 in 1999,[43] but even after that military medical expertise statute was in force to continue considering homosexuality a mental disorder which was a reason to deny homosexuals to serve in the military. On 1 July 2003, a new military medical expertise statute was adopted; it said people "who have problems with their identity and sexual preferences" can only be drafted during war times.[44] However, this clause contradicted another clause of the same statute which stated that different sexual orientation should not be considered a deviation. This ambiguity was resolved by the Major-General of the Medical Service Valery Kulikov who clearly stated that the new medical statute "does not forbid people of non-standard sexual orientation from serving in the military."[45] However, he added that people of non-standard sexual orientation should not reveal their sexual orientation while serving in the army because "other soldiers are not going to like that; they can be beaten".[46] President Vladimir Putin said in a U.S. television interview in 2010 that openly gay men were not excluded from military service in Russia.[47] In 2013, it was reported that the Defense Ministry had issued a guideline on assessment of new recruits' mental health that recommends recruits be asked about their sexual history and be examined for certain types of tattoos, especially genital or buttocks tattoos, that would allegedly indicate a homosexual orientation.[47][48]

As of April and May 2023 there has been a proposed crackdown on the changing of genders. The Russian State Duma is considering passing new laws to prevent men from changing their gender from male to female without surgery. The proposed changes, as first discussed by the Russian Minister of Justice, Konstantin Chuychenko, in April are to "rule out the possibility of changing a person’s gender purely by changing the documents.” Duma Committee on Family, Women, and Children's Affairs head Nina Ostanina said: "Amendments will soon be introduced in the State Duma to officially ban gender reassignment without surgery," In part it is to protect "family values" in Russia. However Russian men have considered changing their genders to avoid being called by the military authorities. According to one Russian source "In connection with the special operation, many young people have turned to private clinics to provide a sex change to avoid conscription..."Vyacheslav Volodin, Speaker of the Duma, claims that some "2,700" such decisions have been made in "recent times".[49][50]

LGBT activists in Saint Petersburg, Russia, 1 May 2017

There have been notable objections to the organization of gay pride parades[51] in several Russian cities, most prominently Moscow, where authorities have never approved a request to hold a gay pride rally.[52] Former Moscow mayor Yuri Luzhkov supported the city's refusal to authorize the first two editions of Nikolay Alexeyev's Moscow Pride events, calling them as "satanic". The events still went on as planned, in defiance of their lack of authorization.[53][54] In 2010, Russia was fined by the European Court of Human Rights, ruling that, as alleged by Alexeyev, Russian cities were discriminating against the gay community by refusing to authorize pride parades. Although authorities had claimed allowing pride events to be held would pose a risk of violence, the Court ruled that their decisions "effectively approved of and supported groups who had called for [their] disruption."[55] In August 2012, contravening the previous ruling, the Moscow City Court upheld a ruling blocking requests by the organizers of Moscow Pride for authorization to hold the parade yearly through 2112, citing the possibility of public disorder and a lack of support for such events by residents of Moscow.[56][57][58]

Chechen leader Ramzan Kadyrov (right) with Chechnya's parliamentary chairman Magomed Daudov

Anti-gay purges in the Chechen Republic have included forced disappearances — secret abductions, imprisonment, and torture — by authorities targeting persons based on their perceived sexual orientation. An unknown number of men, who authorities detained on suspicion of being gay or bisexual, have reportedly died after being held in what human rights groups and eyewitnesses have called concentration camps.[59][60]

Allegations were initially reported on 1 April 2017 in Novaya Gazeta,[1] a Russian-language opposition newspaper, which reported that since February 2017 over 100 men had allegedly been detained and tortured and at least three had died in an extrajudicial killing. The paper, citing its sources in the Chechen special services, called the wave of detentions a "prophylactic sweep".[1][2] The journalist who first reported on the subject went into hiding.[61][62] There have been calls for reprisals against journalists who report on the situation.[63]

As news spread of Chechen authorities' actions, which have been described as part of a systematic anti-LGBT purge, Russian and international activists scrambled to evacuate survivors of the camps and other vulnerable Chechens but were met with difficulty obtaining visas to conduct them safely beyond Russia.[64]

The reports of the persecution were met with a variety of reactions worldwide. The Head of the Chechen Republic Ramzan Kadyrov denied not only the occurrence of any persecution but also the existence of gay men in Chechnya, adding that such people would be killed by their own families.[65][66] Officials in Moscow were sceptical, although in late May the Russian government reportedly agreed to send an investigative team to Chechnya.[67] Numerous national leaders and other public figures in the West condemned Chechnya's actions, and protests were held in Russia and elsewhere. A report released in December 2018 by the Organization for Security and Cooperation in Europe (OSCE) confirmed claims that persecution of LGBT persons had taken place and was ignored by authorities.[68][69]

On 11 January 2019, it was reported that another 'gay purge' had begun in the country in December 2018, with several gay men and women being detained.[70][71][72][73][74] The Russian LGBT Network believes that around 40 persons were detained and two killed.[75][76]

In March 2021, Reuters reported that the European Union imposed economic sanctions on two Chechen officials accused of persecuting LGBT people in Chechnya.[77]

In July 2023, Russia enacted the "Law Banning Gender Transition in Russia", which includes the following provisions:

• doctors are prevented from offering gender-affirming healthcare and sexual reassignment surgery to any individual, regardless of age.
• changing gender markers on official documents is not allowed.
• people suffering from gender dysphoria have been deprived of the right to adopt children.
• a marriage by a trans individual with a person who shares the same birth sex as them is deemed null.[103]

In Tsarist Russia, young women would sometimes pose as men or act like tomboys. This was often tolerated among the educated middle classes, with the assumption that such behavior was asexual and would stop when the girl married.[104] However, cross-dressing was widely seen as sexually immoral behavior, punishable by God promoted through the Church and later criminalized by the government.[104]

In Soviet Russia, sex reassignment surgeries were first tried during the 1920s but became prohibited until the 1960s. Later they were performed by Irina Golubeva, an endocrinologist, authorized by psychiatrist Aron Belkin, who was the strongest Soviet advocate for transgender people until his death in 2003.[104]

On 29 December 2014, Russia passed a road safety law, allowing the government to deny driver's licenses to people with several classes of mental disorders according to ICD-10.[105] Class "F60-69 Disorders of adult personality and behaviour" includes "F64 Transsexualism"[106] Russian and foreign critics perceived the law as a ban on transgender drivers: journalist Yelena Masyuk questioned the relevance of a person's transgender identity in regards to their ability to drive.[107][108] On 14 January 2015, Russia's Health Ministry clarified the law, stating that it would only deny licenses to those with disorders that would impair their ability to drive safely, and explicitly stated that one's sexual orientation would not be considered a factor under the law, as it is not considered a psychiatric disorder.[109]

In 2018, the Ministry of Health of the Russian Federation developed a draft medical certificate that will help transgender people with confirming their gender identity on their legal documents. The Ministry of Justice approved this document on January 19, 2018. Up to this point, changes related to the gender change could only be made to the documents on the basis of a court decision. The Ministry of Health explained that, in accordance with the legislation, the registry offices make changes to the birth certificate if a mentioned certificate is submitted.

A certificate of gender change required to change person's gender in documents such as a birth certificate and passport, and can be obtained on the basis of a medical commission consisting of a psychiatrist, a sexologist and a medical psychologist. Neither sex-affirmative surgery nor hormone replacement therapy required. The minimum duration of psychiatric observation is not specified in the final document of the Ministry of Health.[110][111] On average, the commission lasts from 2 days to 1 month.

On May 31, 2023, a bill to legally ban individuals having any sex change and reassignments within Russia, annulling marriages with partners that have changed gender and banning said individuals from adopting children was introduced in the State Duma.[20] On 19 July, the bill unanimously passed its three required readings in the State Duma (lower house of parliament).[112][113] On July 19, the upper house of parliament unanimously approved the bill as well.[113]

On 24 July, the bill was signed into law by Russian president Vladimir Putin.[114] State Duma Speaker Vyacheslav Volodin said the number of gender reassignment surgeries in the U.S. has increased by 50 times over the past 10 years, and around 1.4% of all US teenagers aged between 13 and 17 identified themselves as transgender in 2022. He said “This is the path leading to the degradation of a nation”, stating that the newly adopted law was designed to avoid such a scenario[115]

Ten Russian regions passed laws banning the distribution of "propaganda" relating to homosexuality, and/or other LGBT relationships, to minors.

  Ban on the promotion of homosexuality, bisexuality and transgenderism

  Ban on the promotion of homosexuality and bisexuality

  Ban on the promotion of homosexuality

Between 2006 and 2013, ten regions enacted a ban on "propaganda of homosexualism" among minors. The laws of nine of them prescribe punishments of administrative sanctions and/or fines. The laws in some of the regions also forbid so-called "propaganda of bisexualism and transgenderism" to minors. As of May 2013 the regions that had enacted these various laws, and the years in which they had passed the laws, included: Ryazan Oblast (2006), Arkhangelsk Oblast (2011), Saint Petersburg (2012), Kostroma Oblast (2012), Magadan Oblast (2012), Novosibirsk Oblast (2012), Krasnodar Krai (2012), Samara Oblast (2012), Bashkortostan (2012),[note 4] and Kaliningrad Oblast (February 2013).[note 5] Then, Arkhangelsk (2013) and Saint Petersburg (2014) removed the law.

In 2019, Russia cut and censored gay sex scenes in the movie musical Rocketman based on the life of British singer Elton John, a decision he criticized, saying it is "cruelly unaccepting of the love between two people."[116]

Federal laws passed on 29 June 2013 ban the distribution of "propaganda of non-traditional sexual relationships" among minors.[117][14][118][119] Critics contend the law makes illegal holding any sort of public demonstration in favour of gay rights, speak in defence of LGBT rights, and distribute material related to LGBT culture, or to state that same-sex relationships are equal to heterosexual relationships.[120][121][122][123] Additionally the laws have received international condemnation from human rights campaigners, and media outlets that even display of LGBT symbols, such as the rainbow flag, have resulted in arrests, and incited homophobic violence.[13]

The law subjects Russian citizens found guilty to fines of up to 5,000 roubles and public officials to fines of up to 50,000 roubles. Organizations or businesses will be fined up to 1 million roubles and be forced to cease operations for up to 90 days. Foreigners may be arrested and detained for up to 15 days then deported, as well as fined up to 100,000 roubles. Russian citizens who have used the Internet or media to promote "non-traditional relations" will be fined up to 100,000 roubles.[14]

The statute amended a law that is said to protect children from pornography and other "harmful information".[124] One of the authors of the statute, Yelena Mizulina, who is the chair of the Duma's Committee on Family, Women, and Children and who has been described by some as a moral crusader,[125][126][127] told lawmakers as the bill was being considered, "Traditional sexual relations are relations between a man and a woman.... These relations need special protection".[123] Mizulina argued that a recent poll had shown 88% of the public were in support of the bill.[128]

Member of the Legislative Assembly of Saint Petersburg, Vitaly Milonov. Milonov is interviewed in the 2014 American documentary film Campaign of Hate: Russia and Gay Propaganda.

Commenting on the bill prior to its passage, President Putin said, during a visit to Amsterdam in April 2013, "I want everyone to understand that in Russia there are no infringements on sexual minorities' rights. They're people, just like everyone else, and they enjoy full rights and freedoms".[129] He went on to say that he fully intended to sign the bill because the Russian people demanded it.[123] As he put it, "Can you imagine an organization promoting pedophilia in Russia? I think people in many Russian regions would have started to take up arms.... The same is true for sexual minorities: I can hardly imagine same-sex marriages being allowed in Chechnya. Can you imagine it? It would have resulted in human casualties."[123] Putin also mentioned that he was concerned about Russia's low birth-rate and that same-sex relationships do not produce children.[124]

Critics say that the statute is written so broadly that it is in effect a complete ban on the gay rights movement and any public expression of LGBT culture.[38][123][129]

In July 2013, four Dutch tourists were arrested for allegedly discussing gay rights with Russian youths. The four were arrested for allegedly spreading "propaganda of nontraditional relationships among the under-aged" after talking to teens at a camp in the northern city of Murmansk.[130]

In March 2018 the Russian authorities forbade the biggest gay website Gay.ru because of "propaganda of nontraditional sexual relationships".[131]

In December 2022, an amendment to the propaganda law was signed into law by Putin,[132] extending it to all age groups. It also prohibits the distribution of materials that promote "pedophilia", or give minors a "desire to change their sex".[133][134][135]

In February 2023, the Russian government introduced the AI program Oculus to scan the internet for illegal content, including “LGBT propaganda”.[136][137]

Saint Petersburg protest march, 1 May 2014

According to a survey conducted in June 2013 by the Russian Public Opinion Research Center (VTsIOM), at least 90% of those surveyed were in favor of the law.[38][138]

Russian historian and human rights activist Lyudmila Alexeyeva has called it "a step toward the Middle Ages".[14]

In January 2016, the State Duma rejected a proposal by the Communist Party to punish people who publicly express their homosexuality with fines and arrests.[139]

Activists painted the pedestrian pavement in front of the Russian Embassy in Finland with rainbow colours to protest Russian's anti-LGBT sentimentality and legislation. Similar activism has been done in Sweden.

International human rights organisations and the governments of developed democracies around the world have strongly condemned this Russian law.[140][141][142][143] The Office of the United Nations High Commissioner for Human Rights has condemned this Russian statute and another similar one in Moldova (which was later repealed) as discriminatory and has made clear that the Russian statute in question is a violation of international human rights law, including the right of gay children to receive proper information.[144][145][146][147][148] The European Parliament has condemned Russia for homophobic discrimination and censorship[149] and the Council of Europe has called on Russia to protect LGBT rights properly.[150] The European Court of Human Rights had previously fined Russia for other infringements of LGBT rights.[151] In 2012 the UN Human Rights Committee ruled that a similar statute in the Russia's Ryazan Region was discriminatory, infringed on freedom of expression, and was inadmissible under international law – a Russian court in Ryazan later agreed and struck it down.[152][153] Some members of the gay community commenced a boycott of Russian goods, particularly Russian vodka.[154]

Many Western celebrities and activists are openly opposed to the law and have encouraged a boycott of Russian products – notably Russian vodka – as well as a boycott of the 2014 Winter Olympic Games, which were scheduled to be held in Sochi, unless the Games were relocated out of Russia.[155][156][157][158]

United States President Barack Obama said that while he did not favour boycotting the Sochi Olympics over the law, "Nobody's more offended than me about some of the anti-gay and lesbian legislation that you've been seeing in Russia".[159] Obama subsequently, in September 2013, met with Russian gay rights activists during a visit to St. Petersburg to attend a meeting of the G-20 nations' leaders. Obama said that he was proud of the work the activists were doing. His aides had said that Obama's opposition to the anti-gay propaganda law was one reason Obama had canceled a meeting previously planned to have been held with Russian President Putin during the trip.[159]

The law was also condemned by German Chancellor Angela Merkel and German cabinet secretaries,[160] British Prime Minister David Cameron,[161] Australian Foreign Minister Bob Carr,[162] as well as Canadian Prime Minister Stephen Harper and Foreign Affairs Minister John Baird.[163]