- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- Unknown
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Public Opinion
Recent surveys in Puerto Rico have revealed a mixed response towards LGBTQ+ rights and issues.
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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.
1521–Jun 26, 2003
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 to 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.
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.
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.
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 is no censorship.
Current status
No censorship
No LGBT censorship in Puerto Rico.
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.
Gender-affirming care in Puerto Rico is legal.
Current status
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 is not legally recognized.
Current status
Not legally recognized
Not currently legally recognized.
LGBT employment discrimination in Puerto Rico is sexual orientation and gender identity.
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.
Intersex infant surgery in Puerto Rico is unknown.
Current status
Unknown
Serving openly in military in Puerto Rico is legal.
Current status
Since Mar 18, 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.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
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.
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.
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.
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.
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.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
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.
Equal age of consent in Puerto Rico is unknown.
Current status
Unknown
United States Equality Rank
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#18 New York81
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#19 Michigan81
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#20 Hawaii78
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#21 Puerto Rico78
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#22 Pennsylvania78
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#23 Virginia76
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#24 Delaware75
#157
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Puerto Rico LGBT Organizations
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