Georgia LGBT Laws

Age of Consent Legislation/Cases/References
1. National

Chapter XXII of the Criminal Code of Georgia

Article 140 provides:

“sexual contact of an adult, homosexualism, lesbian contact or other form of contact in the deviated form with the person, who is known to the offender to be of under 16 years of age” is unlawful. Such action is punished by restriction of freedom of up to 3 years, strict imprisonment for up to tree months, or imprisonment of up to 3 years [D1.1].

D1.1 Inclusive Foundation: Overview of Georgian Legislation in relationship to LGBT human rights pages 5, 19 JAN 07
Discrimination Legislation/Cases/References
1. National

On 07 May 2012, following the President’s signature, the Law of Georgia “on the Elimination of All Forms of Discrimination” entered into force officially [R1.3].

On 02 May 2014, the Georgia Parliament adopted 115 votes to 0, legislation on the “Elimination of All Forms of Discrimination”, providing for protection from discrimination on the grounds race, color, language, gender, age, citizenship, native identity, birth, place of residence, property, social status, religion, ethnic affiliation, profession, family status, health condition, disability, expression, political or other beliefs, sexual orientationgender identity, and “other grounds” [R1.2].

In 2006, discrimination in employment based on sexual orientation was made unlawful [R1.1].

R1.3 TransparencyInternational: New ant-discrimination law: Challenges and achievements 17 JUN 14
R1.2 CivilGeorgia Anti-Discrimination Bill Adopted 02 May 2014
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
Gender Identity, Intersex,
Transgender, Transexual
Health, Medical Legislation/Cases/References
1. Courts & Tribunals

On 13 July 2017, the Constitutional Court reportedly overturned a ban on donation of blood by men who have had sex with other men. The case was brought by LGBT rights activists Gocha Gabodze and Levan Berianidze. The ban on donating blood for ‘a man who has had a sexual relationship with another man’, was introduced by the Minister of Health on 05 December 2000 following a preceding Constitutional Court ruling that the Minister’s decree prohibiting ”homosexual” men from donating blood was unconstitutional [R1.2].

On 11 February 2014, it was reported that the Constitutional Court had struck down as unconstitutional a thirteen year old ban on homosexual men becoming blood donors. Health Minister Avtandil Jorbenadze signed the unconstitutional order on 05 December 2000, and since then homosexual men have not been allowed to donate blood [R1.1].

R1.2 Democracy&Freedom Watch: Constitutional Court overturns ban on gay men donating blood – again 13 JUL 17
R1.1 Democrcy&FreedomWatch: Constitutional Court in Georgia lifts ban on homosexuals giving blood 11 FEB 14
Homosexuality, Sodomy Legislation/Cases/References
1. National

In 2000, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
Marriage Legislation/Cases/References
1. National

The Constitution of Georgia

Article 36 provides:

“marriage is based on free will of the spouses and equality in their rights. State supports wellbeing of the family” [D1.2].

The Civil Code of Georgia

Article 1106 defines marriage as –

“union of a woman and man based on the free will, which is registered at the entity of public law subordinate to the Ministry of Justice, territorial service of the Agency for Civil Registry [D1.2].

On 09 August 2016, President Giorgi Margvelashvili made it clear that he does not support the proposed referendum about amending the Constitution to define marriage as a union between a man and a woman. The proposed referendum also required permission from the president and the prime minister who has promised a constitutional ban on same-sex marriage will be introduced directly by parliament, without holding a referendum [R1.1].

D1.2 Inclusive Foundation: Overview of Georgian Legislation in relationship to LGBT human rights pages 7-8, 19 JAN 07
R1.1 Democracy&FreedomWatch: Georgian president blocks referendum to ban same-sex marriage 09 AUG 16
Parenting: Adoption, Fostering Legislation/Cases/References
1. National

Chapter 6 of the Civil Code

Article 1246 provides:

“two persons cannot adopt a child, unless they are a married couple” [D1.1].

D1.1 Inclusive Foundation: Overview of Georgian Legislation in relationship to LGBT human rights pages 6, 19 JAN 07