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.

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.

Prior to Spanish colonization, Pre-colonial Taino society may have had limited tolerance and recognition of gender diverse individuals who modern society would consider akin to LGBT folk. Despite this, the literature on these pre-Columbian societies is non-existent. If any recognition of gender-diverse marriage existed, it may have been through spouses in polygynous households.

In 1979, homosexuality was decriminalised but the new Penal Code still included Article 359 which criminalised "publicly flaunting" homosexuality with imprisonment for three to nine months.

In 1987, Law 62 came into effect which included Article 303 of the Penal Code, considering "homosexual solicitations" as a public scandal leading to arrest with imprisonment from 3 months to 1 year. This was not revoked until 1997.

Since 1961, there was state-sanctioned persecution of the LGBTIQ+ community in Cuba. Homosexuals were even placed in forced labour camps between 1965 to 1968 in an attempt to "cure" their sexuality with torture methods.

Until 1961, there was no state-sanctioned censorship of LGBTIQ+ topics in Cuba despite the illegality of homosexuality.

The gender marker on identity documents can only be changed if the applicant has undergone gender affirmation surgery, specifically genital 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.

Gender affirming surgery and hormonal treatment are provided and covered by the national health system since 2008 (Resolution No. 126).

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.

Until 2008, it was not possible for trans Cubans to change their legal gender.

In 2013, Cuba passed Law 116 which prohibited discrimination in employment on the basis of sexual orientation.

Later in 2018, Decree No. 349 was passed which penalised discrimination on the basis of sexual orientation in goods and services and banned homophobic content.

Until 2013, there were no protections from discrimination provided to LGBTIQ+ people in Cuba.

In 2013, Cuba passed Law 116 which prohibited discrimination in employment on the basis of sexual orientation. However, gender identity remained unprotected until 2019.

Until 2013, there were no protections from discrimination in employment provided to LGBTIQ+ people in Cuba.

Until 2019, there were no protections from discrimination in housing provided to LGBTIQ+ people in Cuba.

Until 2022, there were no options for joint adoptions for same-sex couples in Cuba. However, LGBTIQ+ singles could still adopt.

Until 2025, “normalization” surgery performed on intersex infants was not banned in Cuba.