1940 in LGBT Rights

In 1940, there were 7 recorded legal changes made affecting LGBT people. In the previous year, there were 2 changes made and 2 in the following year. A total of 58 legal changes were made in the 1940s.

  • December 7
    Equal age of consent becomes equal.
    According with the Brazilian Penal Code of 1940, the age of consent about sexual intercourse between two or more people is the same for heterosexual and homosexual couples, 14 years old for the participants.
  • 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
    Homosexual activity becomes legal.
    Homosexuality is legal in the DRC.
  • January 1
    Homosexual activity becomes male illegal, female legal.
    Lithuania was absorbed by the USSR in 1940. An article under which sodomy was punishable by imprisonment from 5 to 8 years existed in the Soviet Criminal Code from March 7, 1934 - number 154-a: “Sexual intercourse between a man and a man (sodomy) - imprisonment for a term of three to five years. Sodomy committed with the use of violence or taking advantage of the dependent position of the victim - imprisonment for a term of five to eight years."
  • 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