LGBT rights in Cuba | |
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Status | Legal since 1979 |
Gender identity | Gender change allowed since 2008; Surgery not required since 2013 |
Military | LGBT people allowed to serve openly since 1993 |
Discrimination protections | Constitutional protections based on sexual orientation and gender identity since 2019[1][2][3] |
Family rights | |
Recognition of relationships | Same-sex marriage since 2022 |
Adoption | Full adoption rights since 2022 |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cuba have significantly varied throughout modern history. Cuba is now considered generally progressive, with vast improvements in the 21st century for such rights.[4][5] Following the 2022 Cuban Family Code referendum, there is legal recognition of the right to marriage, unions between people of the same sex, same-sex adoption and non-commercial surrogacy as part of one of the most progressive Family Codes in Latin America.[6] Until the 1990s, the LGBT community was marginalized on the basis of heteronormativity, traditional gender roles, politics[7][8] and strict criteria for moralism. It was not until the 21st century that the attitudes and acceptance towards LGBT people changed to be more tolerant.[9]
In 2018, the National Assembly of People's Power voted to legalize same-sex marriage, with a constitutional referendum to be held in February 2019; it was later removed from the draft constitution.[10] In May 2019, the government announced that the Union of Jurists of Cuba was working on the new Family Code, which would address same-sex marriage.[11] On 7 September 2021, the government announced that the new Family Code would be brought to the National Assembly for approval, and then be put to popular vote to legalize same-sex marriage if approved in the referendum.[12] The referendum was approved in April 2022 and took place in September 2022, with the referendum passing.[13] Discrimination on the basis of sexual orientation and gender identity is illegal in Cuba.
Historically, public antipathy towards LGBT people was high. This had eased since the 1990s.[14] Educational campaigns on LGBT issues are currently implemented by the National Center for Sex Education (locally known as "CENESEX"), headed by Mariela Castro, daughter of former president and First Secretary of the Communist Party of Cuba, Raúl Castro. Pride parades in Havana are held every May, to coincide with the International Day Against Homophobia, Biphobia and Transphobia, with attendance having grown every year. In 2022, Cuba became the first Latin American country to mark LGBT History Month.[15]
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