Borgo Maggiore is governed by federal San Marino law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Civil unions (marriage rights)
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Hate Crime Protections
- ✖ Sexual orientation only
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ Sexual orientation only
- Adoption
- ✖ Second parent adoption only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Same-sex marriage in Borgo Maggiore is civil unions (marriage rights).
Current status
Since Nov 16, 2018
Civil unions (marriage rights)
San Marino passed a law recognizing same sex civil unions.
Censorship of LGBT issues in Borgo Maggiore is no censorship.
Current status
No censorship
In San Marino, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Borgo Maggiore is illegal.
Current status
Illegal
San Marino does not allow for gender marker change in identification documents. However, some exceptions were provided but often require surgery.
Gender-affirming care in Borgo Maggiore is legal.
Current status
Legal
Although there are no regulations, San Marino has provided gender affirming care to trans people, including minors.
Legal recognition of non-binary gender in Borgo Maggiore is not legally recognized.
Current status
Not legally recognized
According to the ILGA Europe, there's no recognition of non-binary gender in San Marino.
Hate crime protections in Borgo Maggiore is sexual orientation only.
Current status
Since May 6, 2016
Sexual orientation only
Article 90, paragraph 1, subparagraph 1 (“Aggravating factors in sentencing”)
1) to commit another crime; to conceal a previous offense or to destroy the evidence; to obtain or insure for oneself or others the product, the profit, the price of another crime or for abject or futile reasons or for purposes of racial, ethnic, national, religious discrimination, or discrimination related to sexual orientation. In this case the offence is prosecuted ex officio.
Article 179 bis (“Discrimination, hatred or violence for racial, ethnic, national, religious or sexual orientation motives”)
A person who in any way disseminates ideas based on racial or ethnic superiority or hatred, or incites to commit or commits discriminatory acts on grounds of race, ethnic or national origin, religion, or connected to sexual orientation, or incites to commit or commits acts of violence or incites to violence for racial, ethnic, national, religious or sexual orientation related motives, should be punished with second degree imprisonment.
1) to commit another crime; to conceal a previous offense or to destroy the evidence; to obtain or insure for oneself or others the product, the profit, the price of another crime or for abject or futile reasons or for purposes of racial, ethnic, national, religious discrimination, or discrimination related to sexual orientation. In this case the offence is prosecuted ex officio.
Article 179 bis (“Discrimination, hatred or violence for racial, ethnic, national, religious or sexual orientation motives”)
A person who in any way disseminates ideas based on racial or ethnic superiority or hatred, or incites to commit or commits discriminatory acts on grounds of race, ethnic or national origin, religion, or connected to sexual orientation, or incites to commit or commits acts of violence or incites to violence for racial, ethnic, national, religious or sexual orientation related motives, should be punished with second degree imprisonment.
LGBT discrimination in Borgo Maggiore is illegal in some contexts.
Current status
Since Jun 2, 2019
LGBT employment discrimination in Borgo Maggiore is sexual orientation only.
Current status
Since Jun 2, 2019
Sexual orientation only
Article 4 of the Declaration of Citizen Rights of 1974 (one of the documents that are part of the Constitution of San Marino) was amended to explicitly include “sexual orientation” as a prohibited ground of discrimination, after a national referendum in June 2019. No law explicity mention sexual orientation protection from discrimination in employment.
LGBT housing discrimination in Borgo Maggiore is sexual orientation only.
Current status
Since Jun 2, 2019
Sexual orientation only
Article 4 of the Declaration of Citizen Rights of 1974 (one of the documents that are part of the Constitution of San Marino) was amended to explicitly include “sexual orientation” as a prohibited ground of discrimination, after a national referendum in June 2019. No law explicity mention sexual orientation protection from discrimination in employment.
Same-sex adoption in Borgo Maggiore is second parent adoption only.
Current status
Since Nov 16, 2018
Second parent adoption only
Stepchild adoption for same sex couples.
Intersex infant surgery in Borgo Maggiore is not banned.
Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in San Marino.
Serving openly in military in Borgo Maggiore is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Lesbians, gays, bisexuals permitted, transgender people banned
Protected by Italian military however trans gender people are banned from the Italian military
Blood donations by MSMs in Borgo Maggiore is legal.
Current status
Since Feb 18, 1958
Legal
There are no restrictions about gay sex, a healthy person is free to donate.
Conversion therapy in Borgo Maggiore is not banned.
Current status
Not banned
Not criminalized.
Equal age of consent in Borgo Maggiore is equal.
Current status
Since 1865
Equal
Legal Rights
63 / 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 Borgo Maggiore to help improve its accuracy.
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Borgo Maggiore LGBT Organizations
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