Turkey Proposes Sweeping Bill Criminalizing Same-Sex Ceremonies and Restricting LGBT Rights

Proposed Legislation Targets LGBT Community

A new draft bill from Turkey's Justice Ministry aims to significantly curtail the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals, proposing criminal penalties for same-sex ceremonies and advocacy, alongside stringent restrictions on gender transition. The legislation, which is expected to be submitted to Parliament, has ignited widespread concern among human rights groups and LGBT organizations.

The proposed amendments are reportedly part of the government's broader agenda, with 2025 declared the 'Year of the Family,' and are justified by claims of protecting 'the family institution and social structure' and 'public morality.'

Key Provisions and Penalties

The draft bill introduces several controversial measures that would impact the LGBT community:

• Criminalization of Same-Sex Ceremonies: Individuals who perform same-sex engagement or marriage ceremonies could face imprisonment ranging from one year and six months to four years.
• Restrictions on Expression: The bill proposes prison sentences of one to three years for those who 'publicly encourage, praise or promote attitudes and behaviours contrary to the biological sex at birth and public morality.' Critics argue this provision could criminalize any positive discussion or expression of LGBT identities.
• Gender Transition Limitations: Significant changes are proposed for gender transition procedures, including raising the minimum age from 18 to 21 (with some reports suggesting 25) and requiring a medical board report certifying individuals as 'permanently incapable of reproduction.' Medical professionals performing unauthorized gender transition procedures could also face prison sentences of three to seven years.
• 'Biological Sex' in Law: The legislation seeks to introduce the term 'biological sex' into the Turkish Penal Code and classify LGBT expressions as 'obscenity.'

Human Rights Watch noted that the proposed prison sentences could allow for pretrial detention, and the amendments could also lead to criminal charges against civil society organizations supporting sexual and gender minorities and media outlets reporting on these issues.

Context of LGBT Rights in Turkey

While consensual same-sex relations have been legal in Turkey since 1858, the country lacks legal protections against discrimination based on sexual orientation or gender identity. Same-sex marriage is not recognized, and public LGBT events, such as the Istanbul Pride parade, have been banned since 2015. Turkey's standing on LGBT rights has declined internationally, with ILGA-Europe ranking it 47th out of 49 countries in 2024.

Although transgender individuals have been able to legally change their gender since 1988, this process has historically involved requirements like surgery, though a recent high court ruling annulled the sterilization requirement.

Widespread Condemnation and Calls for Withdrawal

The proposed bill has drawn strong criticism from numerous organizations. Amnesty International stated that the proposals 'present a grave threat to the rights of LGBTI people and those who advocate for LGBTI rights and they must never see the light of day.' Human Rights Watch called for the immediate withdrawal of the changes, warning they would constitute 'one of the most alarming rollbacks of rights in decades' and a 'profound violation of human dignity.'

LGBT advocacy groups, including Kaos GL and SPOD, have voiced concerns that the bill would 'criminalise existence' and push LGBT individuals into deeper invisibility and precarity. The Turkish Medical Association has also emphasized that access to necessary healthcare services for LGBT people should not be criminalized. Critics argue that the vague language surrounding 'public morality' could be used to target individuals based on their appearance or identity.