1800s in LGBT Rights

Number of LGBT-related laws changed over time
  • (date unknown)
    Homosexual activity becomes illegal (imprisonment as punishment).
    Between 1810 and 1887, homosexuality in Argentina was lived under intense secrecy and persecution. Considered a sin and a crime (called "sodomy"), people had to hide their orientation to avoid social rejection, the loss of their property, and brutal state punishments ranging from exile and imprisonment to forced labor in the army or prisons.
  • February 2
    Homosexual activity becomes illegal (imprisonment as punishment).
    In 1809, the Illinois Territory was created and it adopted all of the laws used by the Indiana Territory, replacing the Northwest Territory law. Indiana's code punished sodomy (with no gender-specification) with up to five years in prison, a fine of $100-$500, and up to 500 lashes. In 1819, the penalty was adjusted to set the imprisonment sentence to 1-5 years, and the flogging penalty at 100-500 lashes. The fine of $100-$500 was not changed.
  • January 2
    Homosexual activity becomes ambiguous.
    In 1806, the common-law statute was once again repealed. However, there was still dispute as to whether or not Ohio recognized common-law crimes. The legality of sodomy was therefore unclear.
  • February 14
    Homosexual activity becomes illegal (death penalty as punishment).
    In 1805, only 6 weeks after it was repealed, the common-law statute was readopted with the exact laws as it had before the repeal.
  • December 29
    Homosexual activity becomes legal.
    In 1804, after statehood, a statute repealed this law, thereby legalizing sodomy. In January of 1805, Ohio adopted its first criminal code. It did not have any mention of sodomy.
  • (date unknown)
    Same-sex adoption becomes single only.
    Single, widowed, or divorced individuals were legally permitted to adopt, though adoption at this time was primarily "simple adoption" used for adults and inheritance purposes
  • January 1
    Homosexual activity becomes illegal (imprisonment as punishment).
    Under the 1803 Habsburg Penal Code, which went into effect in 1804, homosexuality was punishable by six months to one year in prison, under the crime of "lewdness against nature". Under the 1852 Penal Code, this was raised to one to five years in prison. The 1852 Penal Code remained in effect in the Czech regions of the First and Second Czechoslovak Republics. In 1938, Nazi Germany annexed the Sudetenland and eventually occupied Czechoslovakia entirely. Section 175 of the German Criminal Code punished homosexuality with up to ten years of hard labor in prison. Thousands were sent to concentration camps. Czechoslovakia would be liberated from Nazi rule in 1945 and the 1852 Penal Code would come back into effect. Under the 1950 Czechoslovak Criminal Code, homosexuality was punishable by up to 1 year in prison.
  • November 18
    Serving openly in military becomes lesbians, gays, bisexuals permitted, transgender people banned.
    The Haitian Armed Forces never prohibited lesbian, gay, or bisexual people from serving openly in the military; from 1995 to 2017 Haiti had no active army, and national security was handled mainly by the Haitian National Police, with major support from UN missions. The military never banned transgender people serving openly, but there was also no clear open-service policy, and legal gender/name recognition remained unclear and difficult rather than based on simple self-identification.
  • June
    Homosexual activity becomes illegal (imprisonment as punishment).
    The first Mississippi criminal code to reference same-sex sexual activity was enacted in 1802, it criminalized sodomy and later "crimes against nature," therefore criminalising same-sex sexual activity. In 1995, those convicted of sodomy were required to register with the sheriff's office under sex offender laws; however, by this time, the enforcement of Mississippi's sodomy law had diminished.
  • Homosexual activity becomes illegal (death penalty as punishment).
    In 1802, the Mississippi Territory, which Alabama was part of at the time, enacted a new code that made sodomy a capital offense.