In 1791, France decriminalized homosexuality during the French Revolution.

France was the first country in the world to decriminalize homosexuality after previously making it illegal.

France passed comprehensive same-sex marriage legislation in 2013; entitling gay and lesbian people to equal marriage rights in Metropolitan France and all its overseas departments. France was the ninth European country and the thirteenth country in the world to legalise gay marriage.

There have been no laws that restrict the discussion or promotion of LGBTQ+ topics in France.

However, in 1960, France passed the Mirguet Amendment in Article 330, which doubled the charges for public indecency if involving people of the same sex compared to people of the opposite sex, with imprisonment from six months to three years. The law would be repealed in 1980.

Individuals can legally change their gender in France. Sex reassignment surgery is state-funded. Requires court approval to change gender marker and first-name.

According to media reports, in 2010, France became the first country to remove "transsexualism" from their official list of mental illnesses.

France allows transition care for adults and minors.
Minors can access puberty blockers, hormone replacement therapy, and in some cases, mastectomies. Genital surgeries are however reserved for adults.

Non-binary gender is not available. In 2023, the European Court of Human Rights decided in the judgment "Y. v. France" (2023) on the legal recognition of the gender of an intersex person. Specifically, on the case of a person who had been refused by French authorities the possibility to modify their gender marker to reflect the term "neutral" or "intersex". The ECHR rejected that such a decision was in breach of the European Convention on Human Rights, stating that, given the relevance of such a change to the otherwise binary French legal system, it was for the French state itself to reform its legislation beforehand. However, it acknowledged that future developments in Council of Europe member states could change its interpretation.

A court ruled in August 2015 that an intersex plaintiff who was designated male at birth, could use the term “neutral gender” on personal official documents. This decision was overturned by a French appeals court.

Discrimination aimed toward an individual's sexual orientation or gender identity is banned in France.

Article 1 of Law No. 2001-1066 (2001) amended Article 122-45 of the Labour Code to afford explicit protection from discrimination based on "sexual orientation" in employment. It also amended Article 225-2 of the Penal Code (1994) to criminalise acts of discrimination in employment based on "sexual orientation", specifically when the discriminatory action consisted a refusal to hire, admonishment or dismissal based on "sexual orientation" (at 225-2.3), making an offer of employment, internship request, or training (at 225- 2.5), or refusal to accept a person for an internship (at 225-2.6) on such grounds.
In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45.
In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”.
Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment.
Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts.

Article 158 of Law No. 2002-73 (2002) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the basis of "sexual orientation".
In 2014, Law No. 2014-366 (2014) modified the provision, but kept the prohibition of discrimination based on "sexual orientation.
In 2014, Law No. 2014-366 (2014) amended Article 1 of Law No. 89-462 (1989) to prohibit a landowner from discriminating against tenants on the grounds established by Article 225-1 of the Penal Code, which includes "gender identity"

Same-sex couples have been legally able to adopt children since May 2013, when the same-sex marriage law took effect. The first joint adoption by a same-sex couple was announced on 18 October 2013.

The French government has reportedly not attempted to protect intersex infants from genital "normalisation" surgery.

LGBT people have never been legally banned from serving in the French army.

In 2022, France removed the deferral period for gay and bi men donating blood, replacing it with a new policy that applies to all donors, regardless of sexual orientation.

The National Assembly approved the new law unanimously, voting 142-0 on Tuesday evening.

The age of consent in France is 15 for both male-male, female-female, and male-female sex.