1940s in LGBT Rights

Number of LGBT-related laws changed over time
  • October 1
    Equal age of consent becomes equal.
    The age of consent in China is 14 for both same-sex and opposite sex couples.
  • Serving openly in military becomes ambiguous.
    For homosexuals the policy is don't ask don't tell banned for transgenders
  • August 15
    LGBT employment discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT discrimination becomes illegal in some contexts.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    nationwide.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT discrimination becomes illegal in some contexts.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    In all areas.
  • LGBT discrimination becomes illegal.
    Nationwide.
  • LGBT employment discrimination becomes ambiguous.
    Only for gender identity and expression.
  • LGBT housing discrimination becomes ambiguous.
    only for gender identity and expression.
  • LGBT discrimination becomes illegal in some contexts.
    Only gender identity and expression.
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Full discrimination protection pending nationwide.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Transgender discrimination protections pending. Sexual orientation discrimination protection through human rights institute. Full discrimination protections pending.
  • LGBT discrimination becomes no protections.
    No known anti-discrimination protections exist for sexual orientation or gender identity.
  • June 22
    Same-sex marriage becomes unrecognized.
    In Kurdistan, Syria, foreign same sex marriage recognized under EU law.
  • Same-sex marriage becomes unrecognized.
    Syria does not legally recognize same-sex marriages within the country of Syria.
  • Homosexual activity becomes varies by region.
    According to regime law, homosexuality is punishable by up to 3 years in prison. Homosexuality may technically be illegal, there have been no confirmed cases of arrest and many homosexuals live openly in certain regime held cities. Due to conflict in Syria, the country is controlled by many forces all implementing their own laws that are either more or less equal.
  • (date unknown)
    Right to change legal gender becomes legal, but requires surgery.
    Gender reassignment surgery is needed to change legal gender.
  • September 14
    Serving openly in military becomes ambiguous.
    Some secondary sources claim it is a "Don't Ask Don't Tell" situation. But, based on a North Korean propaganda film from the year 2000, male homosexuality may be against the law in the military, including for prisoners of war. Information is extremely limited, because North Korea heavily censors LGBT content.
  • Conversion therapy becomes n/a.
    No source about that.
  • Same-sex marriage becomes not legal.
    Article 193 outlaws the creation, distribution or possession of "decadent" culture.
  • Censorship of LGBT Issues becomes other punishment.
    Sharing something of a sexual content is Illegal in North Korea. Penalty is Unknown.
  • LGBT housing discrimination becomes no protections.
    North Korea executes LGBTQ+ Members, because they are "influenced by capitalism".
  • LGBT employment discrimination becomes no protections.
    North Korea executes LGBTQ+ Members, because they are "influenced by capitalism".
  • LGBT discrimination becomes no protections.
    Because sexual orientation as a concept does not appear in North Korea law, there is no legal prohibition of discrimination by state and nonstate actors based on sexual orientation, gender identity or expression, or sex characteristics.
  • Homosexual activity becomes ambiguous.
    Contrary to popular belief, homosexuality is technically not against the law in North Korea, however, North Korea is a sexually conservative country, and this applies to sexuality anywhere on the spectrum. Overt shows of affection by anyone of any sexual orientation tend to be frowned upon. There are, however, claims that it is de facto illegal, but this has no official backing. (Date shown is the date of North Korean statehood.) While punishment is rare, it has been reported by The Korean Times that North Korea has executed a lesbian couple for being influenced by capitalism and bringing corruption of public morals. However, even though de jure homosexuality is not prohibited, de facto there were some cases of punishment for LGBT people
  • August 15
    LGBT discrimination becomes illegal in some contexts.
    There are some LGBT anti-discrimination protections in South Korea.
  • Same-sex marriage becomes not legal.
    There has been proposals to legalize gay marriage, but none have passed as of May 2022.
  • May 14
    Equal age of consent becomes equal.
    The age of consent in Israel is 16 for male-male, female-female, and male-female sex.
  • December 25
    Equal age of consent becomes equal.
    Unsure of date. Date shown represents ratification of the Taiwanese Constitution. The age of consent in Taiwan is 16 (sixteen).
  • Homosexual activity becomes legal.
    Unsure of date which reflects the ratification of the current constitution of the Republic of China (Taiwan). Taiwanese criminal code treats sexual acts between same-sex partners in private as equal to heterosexual sex acts performed in private.
  • December 22
    Serving openly in military becomes lesbians, gays, bisexuals permitted, transgender people banned.
    Until 1986, "sexual deviance" was a reason for exclusion for military service. At that time, some men claimed to be homosexual to avoid the draft. Lesbians have never been banned from the Italian military since women were first allowed to serve in 2000. Since 2010, discrimination against gays and lesbians in military service is banned, but the situation for transgender people is unclear. The organization Polis Aperta estimates that 5 to 10% of Italians in uniformed service (military or police) are LGB. Despite the ban on discrimination, some service personnel unfortunately face harassment or violence because of their sexual orientation. Unfortunately transgenders have not yet gained the right to military service in Italy
  • June 13
    Same-sex adoption becomes single only.
    Homosexuality got legalized in 2018. No laws in place for same sex couples.
  • Same-sex adoption becomes single only.
    Spouses and single persons may adopt but the law does not recognise same-sex spouses and favours females as single adopters.
  • May 3
    Equal age of consent becomes equal.
    The national age of consent is 13 for both same-sex couples and opposite-sex couples. Cities and prefectures may set higher ages of consent.
  • LGBT discrimination becomes no protections.
    Japan does not have LGBT protections from discrimination in employment, housing, etc.
  • Serving openly in military becomes legal.
    Japan has a Self Defense Force in place of a traditional military. There is no specific policy either banning or encouraging LGBT participation in the Self Defense Forces. Research by Sabine Fruhstuck has shown that many Japanese do not object to open LGBT service in the military provided it does not interfere with their performance.
  • Same-sex marriage becomes unrecognized.
    Article 24 of the Japanese Constitution states that "marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis".
  • January 1
    Equal age of consent becomes unequal.
  • August 18
    LGBT housing discrimination becomes no protections.
    None exist currently.
  • August 16
    Homosexual activity becomes legal.
    The date listed is the ratification of the Indonesian Constitution. Homosexuality is legal in Indonesia with the exception of Aceh and the city of Palembang .
  • May 5
    Homosexual activity becomes legal.
    Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
  • January
    Homosexual activity becomes legal.
    Consensual same-sex acts were legalized in 1945 after the end of WW2 by the Polish Penal Code. Since 2019 several municipalities have declared themselves to be "LGBT-free zones", while this has no legal standing it does adversely affect LGBT people by opening them up to hate crime.
  • September 3
    Homosexual activity becomes legal.
    Belgium was liberated in September of 1944. Belgian civil law reverted back to pre-war laws.
  • July 17
    Same-sex marriage becomes foreign same-sex marriages recognized only.
    Gay marriage Legalization required under 2018 IACHR Ruling. Gay marriage Pending.
  • July 1
    Homosexual activity becomes legal.
    Homosexual activity has been legal in Sweden since 1944.
  • June 17
    Same-sex marriage becomes unrecognized.
    Dominican Republic law does not recognise any marriage or partnership between same sex couples. In 2010 the Constitution was amended to affirm that "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman" (Article 55). In 2018 the IACHR ruled that the American Convention on Human Rights requires Dominican Republic to legalise same-sex marriage.
  • January 15
    Homosexual activity becomes illegal (imprisonment as punishment).
    Up to 3 years in prison. Not enforced.
  • March 1
    Homosexual activity becomes illegal (imprisonment as punishment).
    Imprisonment of up to 1 year for sexual acts that go against the nature.
  • (date unknown)
    Same-sex marriage becomes unrecognized.
    Some symbolic civil unions are recognized in select regions though no full and meaningful recognition is given.
  • January 1
    Homosexual activity becomes legal.
    The Swiss Penal Code introduced in 1942 allowed same sex acts between adults (above 20 years old), but punished homosexual intercourse with people between 16 and 20 years old (while allowing heterosexual acts)
  • September 16
    Same-sex marriage becomes unrecognized.
    Under the Shah's rule, the last monarch of the Pahlavi dynasty, homosexuality was criminalised, though it was mostly tolerated even to the point of allowing news coverage of a mock same-sex wedding between two men.
  • January 1
    Serving openly in military becomes illegal.
    The International Lesbian and Gay Association states that homosexuals are not allowed to serve in the Kenya Defence Forces, however, it's unclear if this is a written law and if so, when this law was passed.
  • December 7
    Equal age of consent becomes equal.
    Age of consent = 14 years old
  • August 12
    Homosexual activity becomes legal.
    The Icelandic parliament decriminalizes homosexuality, removes 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.