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Public Opinion

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History

Homosexual activity in Kandahār

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Homosexual activity in Kandahār is illegal (death penalty as punishment).

Current status
Since Aug 15, 2021
Illegal (death penalty as punishment)
In 2021, the Taliban regained control of Afghanistan. Since then, they have frequently enforced Sharia law against individuals convicted of homosexuality, often sentencing them to death.
Feb 14, 2018–Aug 14, 2021
Illegal (imprisonment as punishment)
In 2018, Afghanistan adopted a new penal code.

Articles 645, 646, 649, and 650 criminalize: same-sex intimacy between women (punishable by up to one year in prison); sodomy (punishable by up to two years in prison); same-sex intimacy between men, even without penetration (punishable by three months to one year in prison); and facilitating sodomy by introducing individuals to each other and providing a place for it to occur (punishable by imprisonment as well).
2001–Feb 13, 2018
Male illegal, female legal
After the fall of the Taliban, the 1976 Penal Code was readopted, and its punishments and penalties were reinstated.
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Illegal (death penalty as punishment)
Between 1996 and 2001, while the Taliban ruled the country, same-sex sexual acts were punishable by the death penalty.
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Oct 7, 19761996
Male illegal, female legal
In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. Zina, which means sex outside of marriage, was technically punishable by the death penalty under Sharia law. However, between 1976 and 1996, there were no reports of this punishment being carried out against individuals convicted of same-sex sexual acts.

Same-sex marriage in Kandahār

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Same-sex marriage in Kandahār is banned.

Current status
Since Mar 28, 1949
Banned
In 1949, the 1949 Marriage Law came into effect, becoming the first marriage law in Afghanistan to define marriage as between a man and a woman.

Eleven years later, the 1960 Marriage Law came into effect and fully replaced previous family and marriage laws, though it still required marriage to have the consent of the bride and the groom, which is interpreted to mean that only heterosexual marriages were allowed.

In 1971, Afghanistan's Law on Marriage (1971) was enacted. Article 25 states: “The marriage certificate is a document of man and woman which proves the contract of marriage.”

In 1977, the 1977 Civil Code took effect, and is the current law governing marriage in Afghanistan. Article 60 defines marriage as a contract between a man and a woman.
Until Mar 27, 1949
Unrecognized
Until 1949, Afghanistan neither explicitly banned nor recognized same-sex marriage or civil unions.
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Censorship of LGBT issues in Kandahār

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Censorship of LGBT issues in Kandahār is imprisonment as punishment.

Current status
Since Sep 15, 2021
Imprisonment as punishment
The Taliban censors all forms of LGBTQ advocacy in the country.
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2006–Sep 14, 2021
State-enforced
Even before the Taliban return to power in 2021, there was state-enforced censorship of LGBTIQ+ topics in Afghanistan. LGBTIQ+ organisations could not legally register, and the 2006 Law on Mass Media prohibited publication of matters "contrary to principles of Islam" which were interpreted to include anything pro-LGBTIQ+.

Right to change legal gender in Kandahār

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Right to change legal gender in Kandahār is illegal.

Current status
Illegal
Transgender individuals are unable to change their legal gender.
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Gender-affirming care in Kandahār

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Gender-affirming care in Kandahār is banned.

Current status
Since Aug 24, 2022
Banned
In 2022, the Taliban banned sex reassignment surgery, citing Islamic principles as the reason for the prohibition.
Until Aug 23, 2022
Restricted
Before 2022, there were reports of a few transgender Afghans receiving gender-affirming care, though such cases were extremely rare due to limited access to these services.

Legal recognition of non-binary gender in Kandahār

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Legal recognition of non-binary gender in Kandahār is not legally recognized.

Current status
Not legally recognized
There is no legal gender recognition provided in Afghanistan, including for intersex and nonbinary people.
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LGBT discrimination in Kandahār

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LGBT discrimination in Kandahār is no protections.

Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from discrimination.
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LGBT employment discrimination in Kandahār

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LGBT employment discrimination in Kandahār is no protections.

Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
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LGBT housing discrimination in Kandahār

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LGBT housing discrimination in Kandahār is no protections.

Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
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Same-sex adoption in Kandahār

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Same-sex adoption in Kandahār is n/a.

Current status
N/A
Adoption is prohibited for everyone in Afghanistan.
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Intersex infant surgery in Kandahār

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Intersex infant surgery in Kandahār is not banned.

Current status
Not banned
Afghanistan does not prohibit "normalization" surgeries performed on intersex infants.
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Serving openly in military in Kandahār

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Serving openly in military in Kandahār is unknown.

Current status
Unknown

Blood donations by MSMs in Kandahār

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Blood donations by MSMs in Kandahār is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
Homosexuality is illegal.
Sources:
Homosexuality is illegal.
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Conversion therapy in Kandahār

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Conversion therapy in Kandahār is not banned.

Current status
Not banned
Afghanistan does not ban conversion therapies that aim to change a person’s sexual orientation or gender identity.
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Equal age of consent in Kandahār

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Equal age of consent in Kandahār is n/a.

Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Afghanistan.
Sources:
See source for entry of same-sex activity
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