The laws displayed for Free State are the same as South Africa.
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- Ambiguous
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
History
Homosexual activity in Free State is legal.
Current status
Since Oct 9, 1998
Since Oct 9, 1998
Same-sex marriage in Free State is legal.
Current status
Since Nov 30, 2006
Since Nov 30, 2006
Legal
Censorship of LGBT Issues in Free State is no censorship.
Current status
No censorship
In South Africa, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Free State is legal, surgery not required.
Current status
Since Mar 15, 2004
Since Mar 15, 2004
Legal, surgery not required
The Alteration of Sex Description and Sex Status Act allows people to apply to have their sex status altered in the population registry, and consequently to receive identity documents and passports indicating their gender identity. The law states that transgender persons must undergo gender reassignment. This includes medical interventions but is not limited to surgery alone. Hormone therapy is considered to be gender reassignment, therefore surgery per se is not required.
Legal recognition of non-binary gender in Free State is ambiguous.
Current status
Since 2021
Since 2021
Ambiguous
Non-Binary people will now have access to a 3rd gender option in government documents, should come into effect shortly.
LGBT discrimination in Free State is illegal.
Current status
Since May 8, 1996
Since May 8, 1996
Illegal
LGBT employment discrimination in Free State is sexual orientation and gender identity.
Current status
Since 1996
Since 1996
Sexual orientation and gender identity
prohibition can be found in the Constitution (since 1994) and also in the Labour Relations Act of 1995, in force 11
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
November 1996 (http://www.info.gov.za/view/DownloadFileAction?id=70985); in the Employment Equity Act of 1998 (www.
info.gov.za/view/DownloadFileAction?id=70714; and in the Promotion of Equality and Prevention of Unfair Discrimination
Act of 2000 (www.info.gov.za/view/DownloadFileAction?id=68207)
LGBT housing discrimination in Free State is sexual orientation and gender identity.
Current status
Since Feb 4, 1997
Since Feb 4, 1997
Sexual orientation and gender identity
Discrimination (including by private parties) prohibited by sec. 9 of the Constitution of 1996. Discrimination in rental housing specifically prohibited by sec. 4 of the Rental Housing Act 50 of 1999. Discrimination in all areas (including housing) prohibited by sec. 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Gender identity is not specifically mentioned but is included by case law.
Serving openly in military in Free State is legal.
Current status
Since May 8, 1996
Since May 8, 1996
Legal
Blood donations by MSMs in Free State is legal.
Current status
Since Jan 2014
Since Jan 2014
Legal
Newer law has been passed. As of 20/05/2014 South African National Blood Service (SANBS) will accept donations from anyone as long as they have been in a monogamous relationship for the prior six months, or celibate - regardless of sexual orientation. Donors will be asked about sexual history rather than sexual orientation. Six month deferral instead applies to everyone with new sexual partners.
Conversion therapy in Free State is not banned.
Current status
Not banned
There's no evidence that conversation therapy is practiced in South Africa, despite this, conversion therapy is believed to be performed.
Equal age of consent in Free State is equal.
Current status
Since Dec 14, 2007
Since Dec 14, 2007
Equal
Ambiguous
Section 14 of the Sexual Offences Act 23 of 1957, as inserted by the Immorality Amendment Act 2 of 1988, set the age of consent for gay and lesbian sex at 19, as opposed to 16 for straight sex. However, in the case of Geldenhuys v National Director of Public Prosecutions and Others the Constitutional Court found this discrimination to be unconstitutional, and set 16 as the uniform age of consent retroactively to 27 April 1994.
Equality Index ?
N/A
There is not enough information on Free State for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Free State to help improve its accuracy.
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Alternative names: Foreistata, Vrystaat