- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- N/A
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Martinique show a discernible level of opposition to LGBTQ+ rights among the population.
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Homosexual activity in Martinique is legal.
Current status
Since Sep 25, 1791
Legal
In 1791, homosexuality was decriminalised in Martinique under French law.
Until Sep 24, 1791
Illegal (death penalty as punishment)
Until 1791, homosexuality was punished by burning at the stake in France, including in Martinique.
Same-sex marriage in Martinique is legal.
Current status
Since May 18, 2013
Legal
In 2013, same-sex marriage became recognised in Martinique under French law.
Civil unions (limited rights)
Under French law, both same sex and different sex couples can get a PACS, a civil union with limited rights. PACS are still available today.
Censorship of LGBT issues in Martinique is no censorship.
Current status
No censorship
In Martinique, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Martinique is legal, no restrictions.
Current status
Since Jan 1, 2017
Legal, no restrictions
Under French law, trans people can change their legal gender without surgery or medical diagnosis since 2017. This law also applies to Martinique.
Legal, but requires surgery
In 1992, France began providing legal gender recognition provided that surgery be performed after two court cases. This also applied to Martinique.
Gender-affirming care in Martinique is legal.
Current status
Legal
Under French law, Martinique 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.
Minors can access puberty blockers, hormone replacement therapy, and in some cases, mastectomies. Genital surgeries are however reserved for adults.
Legal recognition of non-binary gender in Martinique is not legally recognized.
Current status
Since Mar 23, 2016
Not legally recognized
In 2016, France revoked legal recognition for intersex people. This also applies in Martinique.
Intersex only
A court in Tours ruled in favour of an intersex plaintiff who sought to have a third gender option recognised on official identification documents.
LGBT discrimination in Martinique is illegal.
Current status
Since Mar 27, 2014
Illegal
In 2014, all forms of discrimination on the basis of sexual orientation and gender identity became illegal in Martinique when discrimination in housing on the basis of gender identity became prohibited.
Illegal in some contexts
In 2001, the first protections against discrimination were provided to LGBTIQ+ people in Martinique when Law 1066 was passed prohibiting discrimination on the basis of sexual orientation in goods and services and employment.
Since then, discrimination on the basis of sexual orientation were criminalised in the below:
-Law 73: Housing (2002)
-Law 496: All Other Areas (2008)
Gender identity would later be protected under Law 954 passed in 2012 in all areas except for housing.
Since then, discrimination on the basis of sexual orientation were criminalised in the below:
-Law 73: Housing (2002)
-Law 496: All Other Areas (2008)
Gender identity would later be protected under Law 954 passed in 2012 in all areas except for housing.
LGBT employment discrimination in Martinique is sexual orientation and gender identity.
Current status
Since Aug 6, 2012
LGBT housing discrimination in Martinique is sexual orientation and gender identity.
Current status
Since Mar 27, 2014
Sexual orientation and gender identity
In 2014, gender identity became a protected characteristic from discrimination in housing in Martinique under federal French law when France's housing law was amended to prohibit discrimination against tenants on grounds established by Article 225.1 of the Penal Code which lists gender identity.
Intersex infant surgery in Martinique is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Martinique.
Serving openly in military in Martinique is n/a.
Current status
N/A
Martinique’s defence is under the jurisdiction of France.
Blood donations by MSMs in Martinique is legal.
Current status
Since Mar 16, 2022
Legal
In 2022, France removed the deferral period for gay and bisexual men donating blood, replacing it with a new policy that applies to all donors, regardless of sexual orientation.
Banned (less than 6-month deferral)
In 2020, the deferral period for blood donations from MSMs was reduced to four months in Martinique.
Banned (1-year deferral)
In 2016, the complete ban on blood donations from MSMs was replaced with a 1-year deferral period in Martinique.
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