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1938 in LGBT Rights

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In 1938, there were 3 recorded legal changes made affecting LGBT people. In the previous year, there were 3 changes made and 2 in the following year. A total of 78 legal changes were made in the 1930s.

  • March 12
    Homosexual activity becomes illegal (death penalty as punishment).
    Austria joined to Nazi Germany, which is homosexualty is illegal and has death penalty. During Nazi rule to create harsher penalties for homosexual behavior between men. Imprisonment was to range from three months to ten years in prison. Many homosexual men died in the Nazi concentration camps they were sent to.
  • February 2
    Same-sex marriage becomes banned.
    Until 2017, Chiapas defined a marriage as between a man and a woman, effectively banning same-sex marriage.
  • (date unknown)
    Homosexual activity becomes illegal (imprisonment as punishment).
    Until 1997, homosexuality was illegal with punishments ranging from 4 to 8 years’ imprisonment. Lesbianism was criminalised in the 1938 Criminal Code after the word “sodomy” was replaced with “homosexualism”.