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History

Homosexual activity in Puerto Rico

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Homosexual activity in Puerto Rico is legal.

Current status
Since Jun 26, 2003
Legal
In 2002, the Puerto Rican Supreme Court ruled that the ban on sodomy was constitutional. However, as a American territory Puerto Rico is subject to decisions of the U.S. Supreme Court. On June 26, 2003 with the landmark decision ruled through "Lawrence v Texas", homosexuality was decriminalized across the contiguous United States and it's subsequent territories, including Puerto Rico. In 2004, the Penal Code was ammended, codifying the legality of homosexuality.
May 30, 1979–Jun 25, 2003
Illegal (imprisonment as punishment)
In 1979, Puerto Rico criminalized lesbianism with imprisonment for up to 10 years.
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Mar 1, 1902–May 29, 1979
Male illegal, female legal
In 1902, Puerto Rico was given its own sodomy law which punished such with imprisonment no less than 5 years but abolished the death penalty for cases. In 1979, lesbianism would be criminalized.
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1521–Feb 28, 1902
Illegal (death penalty as punishment)
Prior to the Spanish colonization of Puerto Rico, no laws governed Puerto Rican 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, Puerto Rico was incorporated into New Spain and with it labeled as a Captaincy General and 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. Spanish law remained in place until 1902.

Same-sex marriage in Puerto Rico

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Same-sex marriage in Puerto Rico is legal.

Current status
Since Jul 13, 2015
Legal
Puerto Rico legalized same-sex marriage after the US Supreme Court ruling on same-sex marriage Obergefell v. Hodges on June 26, 2015. The ruling legalized same-sex marriage across the contigous United States and trickled down onto it's subsequent territories. Shortly after the ruling, Alejandro Garcia Padilla, the governor of Puerto Rico, signed an executive order requiring government agencies to be compliant with the ruling. Same-sex couples could finally begin accessing marriage on July 13, 2015.
Mar 19, 1999–Jul 13, 2015
Banned
Marriage was defined as "a civil contract whereby a man and a woman mutually agree to become husband and wife." with the passing of H.B 1013 in 1999. Article 68 of the Civil Code also explicitly prohibited marriages "between persons of the same sex or transsexuals contracted in other jurisdictions" from being recognized in Puerto Rico.
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1521–Mar 19, 1999
Ambiguous
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.

Censorship of LGBT issues in Puerto Rico

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Censorship of LGBT issues in Puerto Rico is no censorship.

Current status
No censorship
No LGBT censorship in Puerto Rico.
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Right to change legal gender in Puerto Rico

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Right to change legal gender in Puerto Rico is legal, but requires medical diagnosis.

Current status
Since Apr 20, 2018
Legal, but requires medical diagnosis
Residents of Puerto Rico can change their gender thanks to a lawsuit from 2018. In 2017, a bill was enacted that sought to restrict gender changes; however, the lawsuit was initiated shortly after the bill's passage. By 2018, the lawsuit was resolved, granting LGBTQ individuals the right to change their gender. However, the law requires medical documentation for changes to one’s birth certificate but not surgery.
Until Apr 20, 2018
Illegal
Until 2018, Puerto Rico provided no legal gender recognition.

Gender-affirming care in Puerto Rico

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Gender-affirming care in Puerto Rico is restricted.

Current status
Since Jul 17, 2025
Restricted
On July 17, 2025, Puerto Rico approved legislation banning gender affirming care for people under 21. The law also excludes any Medicaid coverage for gender-affirming surgeries, although it remains covered for other forms of care for adults over 21.
Until Jul 17, 2025
Legal
Puerto Rico in 2020 stated to the Washington blade that they have added gender affirming care to Medicaid. There are also no restrictions on such care for minors.

Legal recognition of non-binary gender in Puerto Rico

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Legal recognition of non-binary gender in Puerto Rico is recognized.

Current status
Since Jun 2, 2025
Recognized
In 2025, the Supreme Court of Puerto Rico issued a ruling allowing individuals to select 'X' as their gender marker on birth certificates.
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Until Jun 1, 2025
Not legally recognized
Until 2025, Puerto Rico did not allow nonbinary and gender-nonconforming individuals to identify as such on their birth certificates.
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Hate crime protections in Puerto Rico

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Hate crime protections in Puerto Rico is unknown.

Current status
Unknown

LGBT discrimination in Puerto Rico

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LGBT discrimination in Puerto Rico is illegal.

Current status
Since 2013
Illegal
Illegal in all contexts since 2013.
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LGBT employment discrimination in Puerto Rico

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LGBT employment discrimination in Puerto Rico is sexual orientation and gender identity.

Current status
Since Jan 1, 2013
Sexual orientation and gender identity
As of 2013 in Puerto Rico, employment discrimination is illegal on the basis of gender identity and sexual orientation. In the US in 2020, LGBTQ employment discrimination was also passed through as Title IX.

LGBT housing discrimination in Puerto Rico

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LGBT housing discrimination in Puerto Rico is sexual orientation and gender identity.

Current status
Since May 29, 2013
Sexual orientation and gender identity
Law does not protect against property rentals.
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Same-sex adoption in Puerto Rico

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Same-sex adoption in Puerto Rico is married couples only.

Current status
Since Jan 1, 2018
Married couples only
Same sex marriage couples and singles can adopt in Puerto Rico since 2018 with the new modification to the 2009 adoption law.
Until Jan 1, 2018
Single only
Any individual may adopt, but only different-sex couples may joint-adopt.

Second-parent adoption is not permitted via case law.
Sources:
www.lambdalegal.org/states-region/puerto-rico
Ex Parte A.A.R., 2008 WL 4673279 (T.C.A. Aug 29, 2008)
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Intersex infant surgery in Puerto Rico

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Intersex infant surgery in Puerto Rico is unknown.

Current status
Unknown

Serving openly in military in Puerto Rico

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Serving openly in military in Puerto Rico is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law

From July 8, 2025 onward, Air Force Reserve, Air National Guard of the United States, Army National Guard of the United States, United States Army Reserve, and United States Navy Reserve service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.

On the effective date of separation, service will be characterized as honorable in every case unless circumstances justify a different designation. Enlisted members will receive a Separation Program Designator (SPD) code of JFF (Secretarial Plenary Authority), under which the Secretary may direct separation when it is determined to be in the best interest of the service, while officers will receive an SPD code of JDK (Military Personnel Security Program), based on a determination that continued service is not clearly consistent with the interests of national security. The use of SPD code JDK is not intended, by itself, to trigger incident reporting or security clearance revocation, and gender dysphoria alone does not require reporting under Security Executive Agent Directive 3. All service members will receive a reentry code of RE-3, indicating they are not fully qualified for reentry or continued service without a waiver.
Jul 6, 2025–Jul 8, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From July 6, 2025 onward, Coast Guard Reserve and Regular Coast Guard service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
Jun 7, 2025–Jul 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
From June 7, 2025 onward, Active Guard Reserve, Marine Corps Active Reserve, Regular Air Force, Regular Army, Regular Marine Corps, and Regular Space Force service members who were eligible for voluntary separation but did not elect or complete it, and who either have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are placed into the involuntary administrative separation process.
May 8, 2025–Jun 7, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On May 8, 2025, the United States Department of Defense (USDoD) began initiating administrative separation proceedings for service members who had already identified themselves for voluntary separation before March 26, 2025. On the same date, it reinstated the ban on transgender enlistment by directing that applicants who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and do not receive a waiver, or who have a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery in connection with a sex transition, are denied entry into military service.

On May 9, 2025, the USDoD ended all surgical procedures related to sex reassignment for service members with gender dysphoria. All such procedures—whether planned, scheduled, or not yet scheduled—were canceled, and any previously approved SHCP waivers for these surgeries were revoked. New waiver requests are no longer processed, except in cases involving the necessary treatment of surgical complications, which require special review.

Service members aged 19 or older who were already receiving cross-sex hormone therapy prior to this memorandum may continue treatment temporarily if a provider deems it necessary to prevent harm, but only until their separation is completed. Moving forward, USDoD funding cannot be used to initiate any new hormone therapy treatments for gender dysphoria, though military department leaders may request case-by-case exceptions for non-surgical care if needed to protect a service member’s health, subject to review and approval.

Also on May 9, 2025, the USDoD directed military educational institution libraries to use a standardized set of subject-heading searches to identify post-2010 books potentially associated with “gender ideology,” transgender-related topics, and other targeted concepts, sequester those materials from normal access by May 21, 2025, and hold them for expert review and possible later disposition.

On May 15, 2025, the United States Coast Guard resumed implementation of its transgender service policy by immediately pausing new accessions for individuals with a history of gender dysphoria and pausing planned, scheduled, or unscheduled medical procedures related to gender transition.

By May 21, 2025, the US Naval Academy had returned all but about 20 of the 381 books removed on March 31–April 1, 2025, to its shelves, while US Air Force libraries, including the US Air Force Academy, had also pulled a few dozen books for review.

On June 5, 2025, the U.S. Coast Guard formally made members and applicants with gender dysphoria who did not receive a waiver ineligible for service and subject to separation or disqualification, while allowing temporary continuation of some preexisting hormone therapy until separation.

On June 6, 2025, US Coast Guard restored the Civil Rights Awards Program after completing a review and updating the Civil Rights Manual.
Mar 18, 2025–May 7, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Feb 7, 2025–Mar 17, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.

From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Apr 30, 2021–Feb 6, 2025
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Apr 11, 2019–Apr 29, 2021
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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Sep 20, 2011–Apr 11, 2019
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Feb 28, 1994–Sep 19, 2011
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Sources:
www.gpo.gov/fdsys/pkg/PLAW-…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
www.history.com/news/dont-a…
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May 19, 1941–Feb 27, 1994
Illegal under federal United States law
From May 19, 1941 until September 20, 2011, LGB people were banned from enlistment and service in the United States Army, US Coast Guard, US Marine Corps, and US Navy, and, beginning September 18, 1947, in the Air Force. From October 1, 1982, to September 19, 2011, when homosexuality was the sole basis for separation and no aggravating circumstances were present, the characterization of service was determined by the member’s overall record and could be Honorable or General (under honorable conditions), with entry-level cases receiving an uncharacterized separation.

By May 17, 1963, in the United States Army; by 1982, in the United States Air Force; from March 31, 1986, on a U.S. Department of Defense-wide accession basis covering the United States Army, United States Navy, United States Marine Corps, and, by agreement, the United States Coast Guard; by August 12, 2005, in the United States Navy and United States Marine Corps; and by April 29, 2011, in the United States Coast Guard, transgender people were banned from enlistment and service until open service was authorized on June 30, 2016.

By February 22, 1956, in the United States Coast Guard; by February 10, 1961, in the United States Army; by January 11, 1962, in an Air Force-specific accession standard; from March 31, 1986, on a Department of Defense-wide accession basis covering the Army, Navy, Marine Corps, Air Force, and, by agreement, the Coast Guard; and, from December 20, 2019, in the United States Space Force through inherited Air Force and DoD standards, applicants with intersex-related conditions identified in military rules as “hermaphroditism,” and later as “hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis,” were disqualified from accession under military medical standards.

Blood donations by MSMs in Puerto Rico

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Blood donations by MSMs in Puerto Rico is legal.

Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Apr 2, 2020–May 10, 2023
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
1983–Dec 20, 2015
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
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Conversion therapy in Puerto Rico

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Conversion therapy in Puerto Rico is banned.

Current status
Since Mar 27, 2019
Banned
It was banned since 2019 by executive order due to the mental issues people suffered from these conversion therapies .
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Equal age of consent in Puerto Rico

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Equal age of consent in Puerto Rico is equal.

Current status
Since Jun 26, 2003
Equal
In 2003, homosexuality became legal in Puerto Rico with an equal age of consent to heterosexuality under federal US law.
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