Gay sex in San Marino has been lawful since 1865.

San Marino passed a law recognizing same sex civil unions.

In San Marino, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

San Marino does not allow for gender marker change in identification documents. However, some exceptions were provided but often require surgery.

Although there are no regulations, San Marino has provided gender affirming care to trans people, including minors.

According to the ILGA Europe, there's no recognition of non-binary gender in San Marino.

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.

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.

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.

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.

Stepchild adoption for same sex couples.

There is no official ban on unnecessary sex reassignment operations in infants in San Marino.

Protected by Italian military however trans gender people are banned from the Italian military

There are no restrictions about gay sex, a healthy person is free to donate.

Not criminalized.