Masaya is governed by federal Nicaragua law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✔ Sexual orientation and gender identity
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Masaya is legal.
Current status
Since Jul 8, 2008
Legal
Nicaragua legalized homosexuality in 2008 after a new penal code was adopted. Under the new penal code, consensual gay sex was not included as a criminal offense.
Illegal (imprisonment as punishment)
The 1974 Penal Code punished sodomy with 1 to 3 years in prison.
In 1992, Nicaragua passed legislation that criminalized “anyone who induces, promotes, propagandises or practices sexual intercourse between persons of the same sex commits the crime of sodomy,” with a punishment of one to three years of imprisonment.
In 1992, Nicaragua passed legislation that criminalized “anyone who induces, promotes, propagandises or practices sexual intercourse between persons of the same sex commits the crime of sodomy,” with a punishment of one to three years of imprisonment.
Legal
The 1837 Penal Code of Nicaragua technically legalised homosexuality as sodomy was not mentioned in the code. However, the clause against public indecency was potentially used to arrest homosexuals.
Censorship of LGBT issues in Masaya is no censorship.
Current status
Since Jul 8, 2008
No censorship
Since the repeal of the previous law and that which criminalises same sex sexual activity in Nicaragua, there are no laws restricting the discussion or promotion of LGBTQ+ topics. However, since the 2018 crackdown on student protests, LGBTIQ+ organisations have faced harassment and de facto restrictions from the government.
State-enforced
In 1992, the government banned: "anyone who induces, promotes, propagandises or practices sexual intercourse between persons of the same sex".
Right to change legal gender in Masaya is illegal.
Current status
Illegal
No laws regarding change of legal gender.
Gender-affirming care in Masaya is legal.
Current status
Legal
Gender-affirming care is legal in Nicaragua. However, there are reports of hormone treatments being suspended for transgender prisoners.
Legal recognition of non-binary gender in Masaya is not legally recognized.
Current status
Not legally recognized
Non-binary identities are not legally recognized in Nicaragua.
Hate crime protections in Masaya is sexual orientation and gender identity.
Current status
Since Jan 25, 2021
Sexual orientation and gender identity
Article 140 bis, paragraph 10, on "Aggravated Murder" of the Penal Code, amended by Law No. 1058, establishes that a revisable life sentence shall be imposed when "the act is committed out of hatred, motivated by intolerance and discrimination, related to the victim's sexual orientation and/or sexual identity, gender expression, ethnic origin, social and economic status, nationality, religion, ideology, skin color, disability, or profession."
Sexual orientation only
Article 36(5) of the Penal Code (2008) establishes that aggravating circumstances are "when the crime is committed for racial reasons, or other types of discrimination related to the victim's ideology or political option, religion, or beliefs; ethnicity, race, or nation to which the victim belongs; sex or sexual orientation; or illness or disability."
LGBT discrimination in Masaya is illegal in some contexts.
Current status
Since May 5, 2008
LGBT housing discrimination in Masaya is no protections.
Current status
No protections
Laws in force in Nicaragua do not offer protection against LGBT discrimination in housing.
Same-sex adoption in Masaya is illegal.
Current status
Illegal
Article 239(a) of the Family Code (2014) establishes that adoption may be requested by a couple consisting of a man and a woman who live together in a marital union or in a stable de facto union.
Intersex infant surgery in Masaya is not banned.
Current status
Not banned
Surgery on intersex infants is legal in Nicaragua but not reported.
Serving openly in military in Masaya is illegal.
Current status
Illegal
The Nicaraguan Army does not allow LGBT people to serve openly.
Blood donations by MSMs in Masaya is legal.
Current status
Legal
There are no known bans or restrictions on blood donations from men who have sex with men in Nicaragua.
Conversion therapy in Masaya is not banned.
Current status
Not banned
Reportedly, conversion therapy is quite widespread and currently, no ban exists in Nicaragua.
Legal Rights
50 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Masaya to help improve its accuracy.
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Masaya LGBT Organizations
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