1890s in LGBT Rights

Number of LGBT-related laws changed over time
  • November 28
    Homosexual activity becomes male illegal, female legal.
    The Criminal Code of the Australian colony of Queensland, drafted in 1899 by the colony’s chief justice, Sir Samuel Griffith, expanded the terms of criminalisation established under the Indian Penal Code to criminalise both partners who engage in male same-sex activity with up to three years in prison.
  • Equal age of consent becomes female equal, male n/a.
    Anal sex is illegal in Papua new Guinea and therefore it is illegal for males. However oral and other types of sex are legal and the age of consent is 16.
  • Homosexual activity becomes male illegal, female legal.
    Male homosexuality was initially criminalised in Papua New Guinea due to the inheritance of the Queensland Criminal Code in Australia which criminalised such with up to three years in prison in 1899. Men can receive 3 to 14 years of imprisonment under Criminal Code 1974. The legislation lists homosexuality under "Unnatural Offenses" and "Indecent Practices Between Males."
  • January 16
    Homosexual activity becomes male illegal, female uncertain.
    In 1899, the law that expanded the definition of sodomy to include oral sex was found to be unconstitutional. However, prosecutions for oral sex continued despite the ruling. In 1816, another case ignored this ruling, perhaps unaware of it, and indicted the defendant with “sodomy”.
  • (date unknown)
    Homosexual activity becomes legal.
    While South Sudan was a part of Sudan when it was a colony, the Sudanese Penal Code of 1899 was passed. It criminalized “carnal intercourse against the order of nature” that wasn't consensual. South Sudan had no laws that criminalized consensual homosexual sex.
  • Homosexual activity becomes legal.
    While Sudan was a colony, the Sudanese Penal Code of 1899 was passed which criminalized “carnal intercourse against the order of nature” that wasn't consensual. Sudan had no laws that criminalized consensual homosexual sex.
  • January 1
    Equal age of consent becomes equal.
    In Honduras, according to Article 249 of the Penal Code (2020), the age of consent is 14 years of age.
  • Homosexual activity becomes legal.
    Influenced by the Napoleonic penal code at the beginning of the century, Honduras legalised same-sex sexual activity in 1899.
  • May 1
    Homosexual activity becomes illegal (imprisonment as punishment).
    At least 6 months imprisonment.
  • March 1
    Censorship of LGBT issues becomes fine as punishment.
    The 1893 Summary Jurisdiction Act criminalised “people appear[ing] in a public place while dressed in clothing of a different gender for an improper purpose” with a fine. This was continuously used to persecute trans people for their gender expression until it was struck down in 2018.
  • Homosexual activity becomes male illegal, female legal.
    Section 354 of the Guyana Criminal Law (Offences) Act of 1893 states “Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and liable to imprisonment for life.” Buggery is also known as anal sexual intercourse. This law generally goes unenforced, however LGBT people still regularly face discrimination and violence.
  • Equal age of consent becomes female equal, male n/a.
    For men, the age of consent for homosexuality is N/A because it is illegal. For women, it is equal compared to heterosexual sex.
  • (date unknown)
    Equal age of consent becomes n/a.
    Before 1971, homosexuality was criminalised.
  • Homosexual activity becomes illegal (imprisonment as punishment).
    Before 1971, homosexuality was illegal and punishable by prison; it was also one of the few laws in Europe at the time which criminalised same-sex sexual activity between women.
  • October 6
    Homosexual activity becomes male illegal, female legal.
    The 1893 Criminal Code of New Zealand removed the death penalty as a punishment for homosexuality but replaced it with flogging, hard labour and life imprisonment. These provisions were removed in 1961 but homosexuality was still criminalised with imprisonment. This only applies to male homosexuals. Lesbianism was never criminalised in New Zealand.
  • July 1
    Homosexual activity becomes male illegal, female legal.
    In 1890, the House of Commons introduced a new offence called “gross indecency." The new offence made it easier to charge suspected sodomites. In 1893, the gross indecency law became part of the country’s first Criminal Code. The original language of the law referred only to homosexual acts between men, as sex between women was typically ignored at the time.
  • March 14
    Homosexual activity becomes illegal (imprisonment as punishment).
    Responding to STATE v. PLACE, the Washington State Legislature adopted the common law definition of "crimes against nature" and established a penalty of "imprisonment at hard labor in the state penitentiary for not less than ten nor more than fourteen years" upon conviction of sodomy.
  • (date unknown)
    Equal age of consent becomes equal.
    Under the Criminal Law Code at the time, age of consent to vaginal sex was raised from 12 to 14. Anal sex was not mentioned.
  • Homosexual activity becomes male illegal, female legal.
    Sexual activity between two males is illegal in Kiribati, with up to 14 years in prison as punishment. Sexual activity between two females is legal.
  • June 10
    Equal age of consent becomes female equal, male n/a.
    Male homosexuality was illegal in Malawi since 1891. Lesbianism was legal until 2011.
  • Homosexual activity becomes male illegal, female legal.
    Since 1891, male homosexuality was illegal in Malawi under the British Central Africa Protectorate. In 1960, English criminal law was imposed on Malawi, thereby criminalizing homosexuality. The punishment is a maximum of fourteen years in prison with corporal punishment.
  • Equal age of consent becomes female equal, male n/a.
    Age of consent for heterosexual couples and female homosexual couples is 16. Male homosexual couples age of consent is N/A because it is illegal.
  • Homosexual activity becomes male illegal, female legal.
    In 1891, the British colonial administration ruled that a law criminalising homosexuality in the Cape of Good Hope applied in Rhodesia (modern-day Zimbabwe). This law only applies to men who face a fine and up to ten years in prison. Enforcement was reportedly rare until 1995 when then-President Robert Mugabe began a fierce tirade of homophobic comments with the laws even being used to frame political opponents, regardless of their sexual orientation.
  • (date unknown)
    Equal age of consent becomes equal.
    The age of consent for sex between people of the same sex and sex between people of the opposite sex is equal.
  • January 1
    Homosexual activity becomes legal.
    The new code, commonly known as the "Zanardelli Code" after the then Minister of Justice, contained no mention of "acts against nature" and consequently decriminalized same-sex relations throughout the country. The situation was not even changed 40 years later by fascism with the promulgation of the Rocco Code, which remains the code in force, on October 19, 1930.
  • Homosexual activity becomes legal.
    legal since 1890
  • (date unknown)
    Homosexual activity becomes legal.
    The laws are based on the Zardanelli penal code from 1890 (which was in force at the time of the founding of Vatican City). There are no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity. On October 13, 2014, the Vatican released a report summarising ongoing discussions about family issues among the top Catholic clergy. Totally unexpectedly, the clergy showed a more positive attitude toward LGB people. Although no formal decisions were announced, it signalled a shift in the Vatican's position.
  • Homosexual activity becomes legal.
    There are no laws against same sex relationships in Italy's Penal Code.