▸ 

2005 in LGBT Rights

View All Years

In 2005, there were 76 recorded legal changes made affecting LGBT people. In the previous year, there were 72 changes made and 156 in the following year. A total of 838 legal changes were made in the 2000s.

  • December 30
    (deleted region)
    Same-sex adoption becomes legal.
    Adoption discrimination is illegal in England, this extends to Manchester.
  • December 28
    Same-sex marriage becomes banned.
    Article 6 of the FBH Family Law states: "Marriage is a union of life between a woman and a man regulated by law." The FBH constitution does not mention marriage.
  • Same-sex adoption becomes illegal.
    Family Law of FBH entity adopted on March 3, 2005 recognizes two categories of adoption: "incomplete adoption" and "full adoption". Only married partners and non-marital partners who have lived in the community for at least 5 years can fully adopt (Article 102). Incomplete adoption is allowed only to married partners without restrictions, and with the existence of particularly justified reasons, this type of adoption can also be enabled for non-marital partners who have lived in the community for at least 5 years and for single people (Article 104).
  • December 27
    LGBT discrimination becomes illegal.
    State Law 3157 of December 27, 2005
  • December 20
    Censorship of LGBT issues becomes no censorship.
    In Catamarca, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the replacement of the Code of Misdemeanours in 2005 which removed mentions of "dressing or impersonating a person of the opposing sex".
  • December 18
    LGBT employment discrimination becomes sexual orientation only.
    .
  • December 15
    Same-sex marriage becomes banned.
    Section 110 of the Constitution of Latvia was amended in 2006, explicitly defining marriage as a union exclusively between a man and woman.
  • December 13
    Serving openly in military becomes lesbians, gays, bisexuals permitted, transgender people banned.
    In 2005 any discriminatory potential references to LGB people were removed from the list of disqualifying conditions. However, transgender people are still barred from military service however because "gender identity disorders" are listed as disqualifying.
  • December 5
    Same-sex marriage becomes civil unions (marriage rights).
    In 2005, the Deddf Partneriaeth Sifil 2004 (Civil Partnership Act 2004) legalised civil partnerships. These are still legal today, but marriage has now become more popular as civil partnerships do not provide all of the rights and responsibilities of marriage.
  • Same-sex marriage becomes civil unions (marriage rights).
    Civil partnership
  • Same-sex marriage becomes civil unions (marriage rights).
    The Civil Partnership Act 2004 received royal assent from Queen Elizabeth II on 18 November 2004. The act came into effect on 5 December 2005 and allowed for civil unions to be performed at registry offices, but not at religious institutions. Under the Act, same-sex couples can register a civil partnership, which has almost the same legal effects, rights and obligations as marriage does for mixed-sex couples. For that reason, civil partnership was sometimes called ‘gay marriage’. However, legally, it is not marriage, but is a separate, segregated system. The Equality Act 2010 amended the Civil Partnerships Act 2004 to allow civil unions to be performed at religious institutions, though religious organisations maintained a right to refuse to perform civil unions. This amendment, along with the rest of the Equality Act, came into effect on 1 October 2010.
  • December 1
    (deleted region)
    Same-sex marriage becomes civil unions (marriage rights).
    The Civil Partnership Act 2004 (CPA 2004), which extends across the United Kingdom, created a union, at that time for same sex couples only, which is very similar, but not fully identical, to marriage. At the time the CPA 2004 was enacted, it was not possible for same sex couples to marry in any part of the UK.
  • October 7
    Equal age of consent becomes n/a.
    16 for heterosexual males/females. No established age of consent for homosexual males/females, but they can be charged with engaging in consensual activity starting at age 12.
  • Homosexual activity becomes illegal (up to life in prison as punishment).
    In 2005, Zambia amended its Penal Code to criminalize lesbianism. Article 155 (a) punishes carnal intercourse against the order of nature with no less than 15 years in prison and the possibility of being liable to imprisonment for life.
  • October 1
    Same-sex marriage becomes civil unions (limited rights).
    In 2005, Connecticut provided for civil unions for same-sex couples but while doing so, it also passed a statute restricting marriage to different-sex couples.
  • August 5
    LGBT employment discrimination becomes sexual orientation only.
    Aricle 6 of the 2005 Labour Law prohibits employment discrimination on the basis of sexual orientation. The 2010 Law on Prevention and Protection against Discrimination prohibited discrimination in Employment but sexual orientation and gender identity were not explicitly mentioned grounds.
  • LGBT discrimination becomes illegal in some contexts.
    Aricle 6 of the 2005 Labour Law prohibits employment discrimination on the basis of sexual orientation. The 2010 Law on Prevention and Protection against Discrimination prohibited discrimination in general but sexual orientation and gender identity were not explicitly mentioned grounds.
  • August 1
    Right to change legal gender becomes legal, but requires surgery.
    In 2005, Connecticut required surgery as requisite for legal gender recognition.
  • July 30
    Same-sex marriage becomes civil unions (limited rights).
    A bill which legalized domestic partnerships for same-sex couples took effect on July 30th, 2005. The domestic partnerships offered gave only certain limited rights of what marriage would.
  • July 21
    Same-sex marriage becomes banned.
    Homosexuality is not legal in Gambia.
  • July 20
    Same-sex marriage becomes legal.
    Under Canadian law there is a bill named Civil Marriage Act that was passed in 2005. This is from the Canadian government.
  • Same-sex marriage becomes legal.
    The Civil Marriage Act was passed at a federal level, overriding provincial marriage law.
  • Same-sex marriage becomes legal.
    Same-sex marriage in Canada became legally recognised nationwide with the Civil Marriage Act, making Canada the fourth country in the world to legalise gay marriage.
  • July 14
    LGBT employment discrimination becomes sexual orientation only.
    The Community/Union legislation (directive 2000/78) prohibited discrimination based on sexual orientation in the workspace. Later on it was transferred to the Greek legal order, with law 3304/2005, almost verbatim. The greek translation of the directive and the greek law referred to sexual orientation as “genetic orientation”.
  • July 12
    Same-sex marriage becomes banned.
    Marriage in Uganda is defined as a union between a man and a woman constitutionally.
  • July 3
    Same-sex adoption becomes legal.
    Included in equal marriage legislation
  • Same-sex marriage becomes legal.
    In July of 2005, Spain became the third country in the world to legalize gay marriage, following the Netherlands and Belgium. The law, which was passed by the Spanish parliament and signed into law by Prime Minister José Luis Rodríguez Zapatero, also allows same-sex couples to adopt children.
  • July 1
    Gender-affirming care becomes legal, but restricted for minors.
    According to the Family Law from 2005, persons who have reached the age of 15 are given the right to give consent to undergo a medical procedure (Article 62). However, gender reassignment surgeries are only available to adults.
  • Same-sex adoption becomes illegal.
    According to article 101 of the current Family law in Serbia, adoptive parents can be: (1) spouses or common-law partners together (2) the spouse or common-law partner of the child's parent (3) exceptionally, with the permission of the cabinet minister responsible for families, a person who lives alone if particulary justified reasons exist for doing so This practically means that single persons (regardless of sexual orientation or gender identity) cannot adopt a child.
  • June 3
    Same-sex marriage becomes banned.
    Article 13 of the Family Code (2005) defines marriage as a legal union contract between a man and a woman. Article 77 establishes that a woman may request a divorce if her husband is homosexual.
  • May 10
    Equal age of consent becomes equal.
    In 2005, the Portuguese Constitutional Tribunal ruled that the inequal age of consent used in Portugal was unconstitutional and therefore could not be enforced as it violated the constitution's right to equality as provided by Articles 13 and 26.
  • May 9
    Censorship of LGBT issues becomes state-enforced.
    Article 640 of the Penal Code (2004) criminalises the possession or dissemination of “grossly indecent material”, including providing information on how to procure them. The Code came into force in 2005. A wide range of websites is reported to be blocked in Ethiopia, including the websites of LGBTI groups and organisations.
  • May 4
    Same-sex marriage becomes banned.
    The 2005 constitution explicitly prohibits the marriage or union between two people of the same sex
  • April 13
    Same-sex marriage becomes civil unions (marriage rights).
    The Civil Union Act 2004 received Royal assent on 13 December 2004, allowing for same-sex couples to enter civil unions when it commenced on 13 April 2005.
  • April 8
    Same-sex adoption becomes legal.
    Unmarried "stable" couples could adopt and removed gendered language.
  • Same-sex marriage becomes banned.
    Kansas voters adopted a constitutional amendment in April 2005 that said "Marriage shall be constituted by one man and one woman only" and banned granting the "rights or incidents" of marriage to other relationships.
  • April 4
    (deleted region)
    Right to change legal gender becomes legal, but requires medical diagnosis.
    The Gender Recognition Act (GRA) of 2004 is a UK law allowing transgender people to change their legal gender. It established a process for obtaining a Gender Recognition Certificate (GRC), granting legal recognition in their identified gender.
  • (deleted region)
    Right to change legal gender becomes legal, but requires medical diagnosis.
    Requires diagnosis of gender dysphoria
  • (deleted region)
    Right to change legal gender becomes legal, no restrictions.
    Changing gender is legal.
  • (deleted region)
    Right to change legal gender becomes legal, but requires medical diagnosis.
    Changing gender is legal.
  • (deleted region)
    Right to change legal gender becomes legal, but requires medical diagnosis.
    Changing your gender is legal within Manchester.
  • (deleted region)
    Right to change legal gender becomes legal, but requires medical diagnosis.
    As in the United Kingdom, the law is the same Surgery is not required
  • Right to change legal gender becomes ambiguous.
    UK changes of gender are recognised. The Criminal Procedure and Evidence Ordinance 2014 states "the gender of an individual is his or her gender as registered at birth, unless the person possesses a gender recognition certificate issued under section 9 of the UK Gender Recognition Act 2004, in which case the person's gender is the acquired gender." This makes gender recognition legal if it occurred in the UK but not in the Falklands.
  • Right to change legal gender becomes legal, but requires medical diagnosis.
    Per the UK Gender Recognition Act 2004 (in effect 2005) one may go before a gender recognition panel. The requirements are as follows: 1. Must be 18 years of age 2. Must have a gender-dysphoria diagnosis 3. Must intend "to continue to live in the acquired gender until death" 4. Has lived in the acquired gender for at least 2 years. 5. If married: must acquire the consent of the spouse. If approved then one is granted a gender recognition certificate and may change the gender marker on legal documents.
  • Right to change legal gender becomes legal, but requires medical diagnosis.
    Per the Gender Recognition Act 2004 (in effect 2005) in all four constituent countries of the UK. The requirements are as follows: 1. Must be 18 years of age 2. Must have a gender-dysphoria diagnosis 3. Must intend "to continue to live in the acquired gender until death" 4. Has lived in the acquired gender for at least 2 years. 5. If married: must acquire the consent of the spouse. Eligibility is determined by a Gender Recognition Panel and if approved then one is granted a gender recognition certificate and may change the gender marker on legal documents.
  • March 23
    LGBT employment discrimination becomes sexual orientation only.
    Aricle 18 of the 2005 Labour Law prohibits employment discrimination. Sexual orientation is one of explicitly mentioned grounds.
  • Same-sex marriage becomes civil unions (limited rights).
    In 2005, civil unions with near equal rights were passed into law by the General Council of Andorra.
  • March 20
    Censorship of LGBT issues becomes no censorship.
    In Baja California Sur, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the removal of homosexuality as a "corrupt habit" in its corruption of minors law.
  • March 18
    Same-sex marriage becomes banned.
    The Constitution of Burundi explicitly prohibits same-sex marriage. Article 29 of the constitution follows; "Marriage between two people of the same sex is forbidden".
  • March 14
    Same-sex marriage becomes unrecognized.
    In 2005, a state judge ruled the ban on same-sex marriage in California unconstitutional. Attempts to recognise same-sex marriage were passed but vetoed by the Governor until 2008.
  • February 21
    LGBT discrimination becomes illegal in some contexts.
    Andorra's 2005 penal code prohibits discrimination on the basis of sexual orientation in employment.
  • LGBT employment discrimination becomes sexual orientation only.
    Andorra's 2005 penal code prohibits discrimination on the basis of sexual orientation.
  • January 9
    Gender-affirming care becomes legal, but banned for minors.
    Article 38 of the Law “On Protecting the Health of the Kyrgyz Republic Citizens” states, “the gender identity may be changed or corrected in healthcare facilities through medical interventions at the request of a full-aged patient based on medical, biological, social and psychological indications in accordance with the procedure set forth by the responsible governmental body of the Kyrgyz Republic in the area of health care.”
  • (date unknown)
    Right to change legal gender becomes ambiguous.
    In 2005, Alaska provided legal gender recognition with the requirement of a court order. It is unknown if any surgery or medical diagnoses were required.
  • Right to change legal gender becomes legal, but requires surgery.
    In 2005, Pennsylvania provided for legal gender recognition but required proof of surgery.
  • Right to change legal gender becomes legal, but requires surgery.
    South Carolina has no specific statutes addressing legal gender change, it is done through the courts, which require proof of permanent medical treatment.
  • Right to change legal gender becomes legal, but requires medical diagnosis.
    Under Article 37 of the Law on the Register of Deaths, Births and Marriages (2005), "medical certification" is required to attain legal gender recognition. However, there are no apparent criteria for what this "certification" must include or what level of medical intervention (if any) is required. Thus, in practice, the discretion lies with each individual registrar to accept or reject applicants. Before the change of gender marker is registered, the applicant must request a new EMSO (identification number). According to ILGA-Europe, in January 2017, the Ministry of Internal Affairs published a circular establishing that applicants seeking legal gender recognition had to present a certified statement that they have undergone gender affirming surgery. However, after substantial advocacy efforts by local NGOs, including Legebitra, TransAkcija, and Amnesty Slovenia, the Ministry backtracked and published a new circular establishing that applicants had to submit a "certified statement" issued by a psychiatrist merely stating that they had "changed their gender" and indicating that the medical procedures leading to “gender change” are irrelevant for the legal gender recognition procedure, thus reinstating the interpretation that was in place before January 2017.
  • LGBT discrimination becomes illegal in some contexts.
    There is no broad legal protection against discrimination on the basis of sexual orientation or gender identity. There are limited protections against discrimination based on sexual orientation and sexual life. -Act No. 2005-040 on the Fight against HIV/AIDS and the Protection of the Rights of people living with HIV/AIDS (Articles 17 and 26). -Article 18 of Law No. 2014-038 on the Protection of Personal Data. -Law No. 2017-027 Relating to international cooperation in criminal matters (Articles 45 and 67).
  • January 1
    Homosexual activity becomes male illegal, female legal.
    5- 10 years in prison. Not enforced. Decriminalization pending. Since 2013 police officers have to take lgbt sensitivity training.
  • (date unknown)
    Serving openly in military becomes legal.
    LGBTQ+ people have been permitted to serve in the Thai armed forces since 2005.
  • Same-sex adoption becomes illegal.
    Law No. 2005-014 on Adoption states that "Full adoption" is only permitted to heterosexual spouses. (Article 33)
  • Right to change legal gender becomes legal, but requires surgery.
    In 2005, North Carolina provided for legal gender recognition but required proof of surgery.
  • Right to change legal gender becomes legal, but requires surgery.
    Maine provided legal gender recognition in 2005 but required surgery.
  • Right to change legal gender becomes legal, but requires surgery.
    In 2005, Montana provided for legal gender recognition but required proof of surgery.
  • January 1
    Equal age of consent becomes equal.
    Age of Consent for sex is equal in the Falkland Islands.
  • LGBT discrimination becomes illegal in some contexts.
    Anti-discrimination laws in hate speech and violence
  • (date unknown)
    LGBT employment discrimination becomes sexual orientation and gender identity.
    State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
  • January 1
    Right to change legal gender becomes legal, but requires surgery.
    An amendment to the Births, Deaths and Marriages Registration Act of 1996 took effect in 2005, providing for legal gender recognition. However, surgery was required.
  • Equal age of consent becomes equal.
    The age of consent for homosexuals was made equal along with the legalization of homosexuality in 2005.
  • Homosexual activity becomes legal.
    Homosexual activity has been legal in the Marshall Islands since 2005.
  • (date unknown)
    LGBT discrimination becomes illegal.
  • LGBT discrimination becomes illegal.
  • LGBT discrimination becomes illegal.
  • Equal age of consent becomes equal.
    In 2005, Hong Kong’s High Court ruled that the unequal age of consent between hetero and homosexual sexual activities was unconstitutional.
  • January 1
    Same-sex adoption becomes illegal.
    The couple applying for adoption must be a married, different sex couple. Custody has been granted to a same-sex parent on the basis of the "child's best interest," but this is very rare.
  • (date unknown)
    Blood donations by MSMs becomes banned (1-year deferral).
    Gay men in Japan are banned from donating blood following one (1) year after male-male sexual contact. Japanese Red Cross opposses this practice.

LGBT Organizations Founded in 2005

  • Kentucky Equality Federation FaviconKentucky Equality Federation
    Kentucky, United States
    Kentucky Equality Federation is a public advocate for victims of discrimination, hate crimes, and school bullying. Member organizations include: Kentucky Equal Ballot Access…
  • Bisdak Pride, Inc. FaviconBisdak Pride, Inc.
    Philippines
    Established since 2005, Bisdak Pride, Inc. (BPI) is a product of the First Visayas-Mindanao LGBTQ Leadership Conference entitled,
  • Human Rights First Rwanda Association FaviconHuman Rights First Rwanda Association
    Rwanda
    The Human Rights First Rwanda Association (HRFRA) is an organization aimed at promoting social justice and human rights education, provide legal assistance to poor and vulnerable…
  • Equality Kansas FaviconEquality Kansas
    Kansas, United States
    Equality Kansas is a US organization whose mission is to end discrimination based on sexual orientation and gender identity. Equality Kansas is working towards their mission…
  • TENI; Transgender Equality Network Ireland FaviconTENI; Transgender Equality Network Ireland
    Ireland
    Transgender Equality Network Ireland (TENI) seeks to improve conditions and advance the rights and equality of trans* people and their families. Despite significant progress in…
  • Maritime Life Precious Organization FaviconMaritime Life Precious Organization
    Ghana
    Support and aid to LGBTI in the western Region of Ghana.
  • Taiwan LGBT Family Rights Advocacy FaviconTaiwan LGBT Family Rights Advocacy
    Taiwan
    Who We Are In 2005, the Taiwan LGBTQ Family Rights Advocacy began as a MSN Community of Lesbian Mothers. The group was primarily focused on the children of lesbian mothers…
  • Mitini Nepal FaviconMitini Nepal
    Nepal
    Mitini Nepal is a Registered LBTI Non-Government Organization that works for LGBTQI Civil and Human Rights in Nepal. It is women-led, and offers Crisis Support, Tolerance and…
  • Federaci FaviconFederaci
  • Youth Association for Development (YAD) Pakistan FaviconYouth Association for Development (YAD) Pakistan
    Pakistan
    Youth Association for Development (YAD) Pakistan is working for the LGBTIQ right, protecting their rights through legislative development and enforcement of legislation, as well…
  • Athens Pride FaviconAthens Pride
    Greece
    Athens Pride is a completely voluntary, non-profit company, operating under the Greek Civil Code since 2006. Its primary goal is the organization of the annual Athens Pride…
  • Out In The City FaviconOut In The City
    England, United Kingdom
    Out In The City is a self-organised project to support members of the lesbian, gay, bisexual and transgender communities who are over 50 years of age.
  • The Proud Trust LTD FaviconThe Proud Trust LTD
    England, United Kingdom
    The Proud Trust is an LGBT+ youth charity empowering young people to be proud of who they are. The Proud Trust delivers youth work and one-to-one support across Greater…
  • Sparkle FaviconSparkle
    United Kingdom
    Sparkle - the national transgender charity based in the United Kingdom that is best known for organising the annual Sparkle Weekend in Manchester, which aims to celebrate the…
  • SOMOSGAY FaviconSOMOSGAY
    Paraguay
    SOMOSGAY is an organization born in Paraguay, one of the most homophobic and unequal countries in Latin America. Their purpose is to contribute to HIV care, innovate with…
  • Gej strejt alijansa FaviconGej strejt alijansa
    Serbia
    Promotion and protection of human rights in Serbia, especially LGBT rights
  • UK Black Pride FaviconUK Black Pride
    United Kingdom
    UK Black Pride is a British advocacy group that focuses on the black queer community. It is one of the UK’s largest groups that focus on minorities and LGBTQIA+ rights.