1940 in LGBT Rights

In 1940, there were 8 recorded legal changes made affecting LGBT people. In the previous year, there were 4 changes made and 1 in the following year. A total of 56 legal changes were made in the 1940s.

  • August 10
    Homosexual activity becomes legal.
    The Icelandic parliament decriminalizes homosexuality; removing the provision of the law that made homosexuality illegal.
  • May 28
    Homosexual activity becomes illegal (death penalty as punishment).
    Belgium was under German occupation during World War II and thus Paragraph 175 was in effect.
  • May 15
    Homosexual activity becomes illegal (imprisonment as punishment).
    During the German occupation of the Netherlands during World War II homosexuality was criminalized by Paragraph 175.
  • January 30
    Censorship of LGBT issues becomes state-enforced.
    While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions in the 1940 Penal Code, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government. Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including "corrective" rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.
  • (date unknown)
    Homosexual activity becomes male illegal, female legal.
    Lithuania was absorbed by the USSR in 1940. Criminalization of sodomy already existed under number 154-a by imprisonment of 3 to 5 years in the Soviet Criminal Code.
  • January 1
    Homosexual activity becomes male illegal, female legal.
    Same-sex sexual activity between males in Soviet Estonia was illegal and punishable under paragraph 118 of the penal code
  • (date unknown)
    Gender-affirming care becomes restricted.
    In 1926, the Soviet Union's Ministry of Internal Affairs legalized sex reassignment surgery. Estonia would be incorporated into the Soviet Union in 1940.
  • Gender-affirming care becomes restricted.
    In 1926, the Soviet Union's Ministry of Internal Affairs legalized sex reassignment surgery. Latvia would be incorporated into the Soviet Union in 1940.