On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption.  Article 30 and 31 allow for same-sex adoption and explicitly grant the right to couples using forms of assisted reproductive technology.  On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.

The ability for same-sex couples to legally adopt a child.

No restrictions. No laws in place for same sex couples. Legalization pending.

The Age of Consent is currently legal in Cuba.

The difference between legal age of consent for homosexual sex and heterosexual sex.

Donating blood a is legal with no deferral after sex.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

In Cuba, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

According to ILGA official data as of October 2023, the gender marker on identity documents can only be changed if the applicant has undergone gender affirmation surgery. The petitioner must submit their request for a change of gender marker before the Civil Section of the Local Court. Next, the request is submitted to the National Commission for Comprehensive Attention to Trans People, together with the medical certification that the petitioner has undergone surgery. The following evidence must be accredited before the court: (1) the summary of the clinical records, (2) the descriptive medical criteria of the surgery with emphasis on its irreversibility, (3) a document confirming the intervention signed by the CENESEX, and (4) photographic records from before and after the intervention. <br />
<br />
Gender affirming surgery and hormonal treatment are provided and covered by the national health system since 2008 (Resolution No. 126).<br />
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Since 2022, transgender people can change their name through self-determination. Instruction #1 of 2022 of the Ministry of Justice repealed Instruction #1 of 2012 that made the name change for trans people subject to a change of sex, following genital adjustment surgery.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

According to ilga.org. Conversion therapy ban pending.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Constitutional protections based on sexual orientation and gender identity have been instituted.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.

Private, non-commercial sexual relations between same-sex consenting adults 16 and over have been legal in Cuba since 1979. Prior to 1979, a provision in the Social Defense code  labeled "homosexual practices" as a "social threat". This prior code did not technically criminalize homosexuality but left LGBT folks in a state of limbo as they were de-facto prosecuted and some even sent to labor camps in post-revolutionary Cuba.

Consensual sexual activity between individuals of the same sex.

The shaping of Cuban law is one of U.S and Spanish influence. Products of it's time as a colony and subsequent military intervention, the Civil Defense Code in 1936 ommitted previous provisions that criminalized homosexuality remanants from Cuba's colonized ruins. This did not mean LGBT Cubans did not face persecution though. Despite no laws that expressely criminalized private same-sex sexual relations, LGBT Cubans were still targeted, leaving the status of same-sex relations in a state of limbo until it's re-clarification in 1979.

Prior to the Spanish colonization of Cuba, no laws governed Cuban soil. History of indigenous Tainos may have shown some limited tolerance of "two-spirt" or gender diverse individuals akin to LGBT folks in modern day society, but these links are too thin to draw. The near non-existent archival of Taino culture does not help. In 1521, Cuba was incorporated into New Spain and with it governed from the Viceroyalty based in Mexico City. Cuba was recognized as a province of the Spanish empire, which granted it the same rights as any other province in Peninsular Spain, bearing the brunt of colonial anti-sodomy laws in place at the time.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.

On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption.  On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote.  They also confirmed the result is valid and binding.  The law will come into effect upon formal confirmation, expected 30 September. 

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

The Cuban Constitution does not ban same sex marriage, but other statutory laws do prohibit it. Article 2 of the Family Code defines marriage as a union between a man and a woman - an amendment drafted in 2018 would have changed this but was rejected. Further consultation on changes to the Family Code are ongoing in 2022.

Since 2016, serving openly in the military has been legalized. 

The ability for homosexuals to serve in the military and be open about their sexuality.

Legal recognition of non-binary, genderqueer, or third gender identities.

Caribbean

Antigua

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Gay Antigua Guide 2024 - ברים, מועדונים, סאונות ועוד

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