San Marino LGBT Laws

Age of Consent Legislation/Cases/References
1. National

Since 1864, consensual sex between same-sex couples has reportedly lawful at age fourteen (14) years under Article 173 [R1.1].

R1.1 ILGA Euroletter 52: ILGA Euroletter 52 AUG 97
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1. National

On 16 November 2018, the Grand and General Council reportedly passed 40-4 civil union laws for same-sex couples, including an Article providing ”A civil union is a contract stipulated by two legal adults of the same-sex or of opposite sex in order to organize their life together as a couple” [R1.1].

R1.1 GayStarNews: San Marino passes civil union law for same-sex couples 16 NOV 18
Discrimination Legislation/Cases/References
1. National

On 04 June 2019 it was reported that in a public vote on 02 June, 71.46% or 9,996 people backed a measure to prohibit anti-gay discrimination, with 3,992 percent opposed. The constitution already makes clear: ”All are equal before the law, without distinction of sex, personal, economic, social, political and religious conditions”, however, the new amendment specifically prohibits ”discrimination on the basis of sexual orientation” [R1.1].

R1.1 PinkNews: Europe’s smallest country San Marino bans anti-gay discrimination 04 JUN 19
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

In July 1997, consensual sex between same-sex couples became lawful when the parliament repealed Article 274 of the Penal Code that came into force in 1975 and made “libidinous acts with persons of the same sex” unlawful [R1.1].

In 1865, the total ban on homosexuality was lifted [R1.1].

R1.1 Sydney Star Observer: Libidinous Acts 17 JUL 97
R1.2 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09