2009 in LGBT Rights

In 2009, there were 41 recorded legal changes made affecting LGBT people. In the previous year, there were 50 changes made and 114 in the following year. A total of 636 legal changes were made in the 2000s.

  • December 10
    Serving openly in military becomes lesbians, gays, bisexuals permitted, transgender people banned.
    The Constitutional Court ruled that ones sexual orientation is not good grounds to terminate service in the police or the military. Peru has yet to allow trans service
  • December 1
    Same-sex adoption becomes legal.
    Under the Adoption Act.
  • October 1
    LGBT employment discrimination becomes sexual orientation only.
    Sexual orientation has been explicitly protected since 2009 in the Alberta Human Rights Act. Gender identity is read-in by the Alberta Human Rights Commission under "gender" though it is not explicit in the Act, however a lengthy tribunal process makes this implicit protection inaccessible to many Albertans.
  • LGBT housing discrimination becomes sexual orientation only.
    Sexual orientation is officially a protected group. While not explicit in the law, the Alberta Human Rights Commission reads in transgender rights under "gender", but lengthy tribunal process makes this implicit protection inaccessible to many Albertans.
  • LGBT discrimination becomes illegal in some contexts.
    There remains no explicit protection of transgender people under the Act, though the Alberta Human Rights Commission reads in transgender rights under "gender".
  • September 28
    Same-sex adoption becomes legal.
    Either single or coupled LGBT people can adopt children.
  • September 19
    LGBT housing discrimination becomes no protections.
  • LGBT employment discrimination becomes no protections.
  • LGBT discrimination becomes no protections.
  • September 10
    Same-sex adoption becomes legal.
    In 2009, Uruguay became the first Latin American country to allow same-sex couples to adopt children.
  • August 31
    Right to change legal gender becomes legal, but requires surgery.
    Surgery is required in the Vital Statistics Act.
  • August 5
    LGBT discrimination becomes illegal in some contexts.
    The Law on Prohibition of Discrimination adopted on July 23, 2009 prohibited discrimination in all areas on the basis of "sexual expression or orientation" among other grounds. The law is applied at the level of the state, entities, cantons and Br?ko District. Due to the use of imprecise terms, the law was amended in 2016.
  • July 8
    LGBT discrimination becomes illegal.
  • July 2
    Homosexual activity becomes legal.
    In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
  • July 1
    Same-sex marriage becomes civil unions.
    Hungary has a similar alternatuve to marriage which is known as bejegyzett élettársi kapcsolat. Registered partners are entitled to the same inheritance and property rights, widow's pension, tax benefits, social benefits, and immigration and naturalization rights as married spouses, but they don’t get to pick their partner’s surname.
  • Same-sex adoption becomes step-child adoption only.
    Joint adoption not legal at this time, only adoption of one partners existing children.
  • June 18
    Right to change legal gender becomes legal, but requires surgery.
    Laos legalized changing gender in 2009 but there is no protection laws.
  • June 17
    LGBT housing discrimination becomes no protections.
    Protections in areas like housing are very limited and many lgbt czech people still face discrimination
  • LGBT employment discrimination becomes sexual orientation and gender identity.
  • LGBT discrimination becomes illegal in some contexts.
    While there are discrimination protections in Education, Goods & services, it is not constitutionally protected and doesn’t apply to gender identity
  • June
    Right to change legal gender becomes legal, no restrictions.
    In 2009, the Supreme Court of Mexico established in its Judgment No. 6/2008 (2009) that the right to personal identity and free development of personality includes the right to gender identity and to "sexual reassignment", which obliges states to provide access to the "rectification of name and sex legal markers". In 2018, the Court issued Judgment No. 1317/2017 (2018) where it analysed the most appropriate procedure to guarantee "sex-gender rectification in the Civil Registry". In summary, this judgment concluded that the type of authority (judicial or administrative) before which the procedure is conducted is irrelevant as long as the nature of the procedure is materially administrative. Specifically, it must (a) be comprehensive; (b) be based on free and informed consent, with no medical, psychological and/or pathologising requirements; (c) be confidential; (d) be expeditious and free of charge; and (e) it must not require surgical or hormonal treatments. Despite this, various Mexican have not unified their regulations and, in many cases, continue to require judicial processing and all sorts of evidence.
  • May 28
    Right to change legal gender becomes legal, but requires surgery.
    The Vital Statistics Act was passed on May 28th 2009, allowing transgender individuals to change their gender marker after undergoing sex reassignment surgery. Before then, it was not possible to change it in Newfoundland and Labrador.
  • May 15
    Same-sex adoption becomes step-child adoption only.
    Only able to adopt child of the other partner
  • May 1
    Same-sex marriage becomes legal.
    Sweden becomes the seventh country to legalize same-sex marriage.
  • April 27
    Same-sex marriage becomes legal.
    In 2009, Iowa became the third state to legalize same-sex marriage. Varnum v. Brien, Supreme Court of Iowa (2009).
  • April 24
    Right to change legal gender becomes legal, but requires medical diagnosis.
    Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made. In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA)
  • April 22
    Homosexual activity becomes illegal (imprisonment as punishment).
    Up to 2 years imprisonment and/or up to 50,000 frank fine
  • April 7
    LGBT housing discrimination becomes ambiguous.
    The Law on Prohibition of Discrimination from 2009 prohibits discrimination in all areas, but there was no specific article dealing with Housing during this period.
  • Same-sex marriage becomes legal.
    In 2009, Vermont became the third US state to legalize same-sex marriage, following Massachusetts in 2004 and Connecticut in 2008. Vermont was the first state to legalize same-sex marriage by legislative means.
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Article 16 of the Anti-Discrimination Law from 2009 bans labour discrimination. Discrimination is prohibited on basis of sexual orientation, gender identity and sex characteristics among others.
  • LGBT discrimination becomes illegal.
    On 26 March 2009, Serbian parliament approved a unified anti-discrimination law, known as the Anti-Discrimination Act of 2009, which prohibits, among other categories, discrimination on the basis of sexual orientation, gender identity and sex characteristics in all areas.
  • March 19
    Same-sex adoption becomes legal.
    At the time, gay couples were allowed to have civil unions and thus was able to apply as a couple.
  • March 18
    LGBT discrimination becomes illegal in some contexts.
    Within the penal code, discrimination on the basis of sexual orientation (and discrimination in general) is treated as an aggravating circumstances.
  • March 16
    Same-sex marriage becomes other type of partnership.
    Domestic partnership is recognized by the state as a form of same-sex union
  • March 1
    Blood donations by MSMs becomes banned (5-year deferral).
    No specific date in March. NZBS lists March 2009 on the linked page. NZBS performed a review in 2013 and results are expected to be public shortly.
  • February 28
    Serving openly in military becomes lesbians, gays, bisexuals permitted, transgender people banned.
    Following a military reform law by the Argentine parliament, LGB people can serve, but transgenders are not included.
  • February 27
    LGBT discrimination becomes illegal in some contexts.
    Argentina recognizes international convention on human rights. LGBT individuals are explicitly protected in the military code but is not explicitly included in the general discrimination protection code.
  • February 20
    LGBT housing discrimination becomes sexual orientation only.
    Only sexual orientation
  • LGBT employment discrimination becomes sexual orientation only.
    Only sexual orientation
  • LGBT discrimination becomes illegal.
    Discrimination is illegal
  • January 29
    Same-sex marriage becomes other type of partnership.
    A Colombia court ruling implies that even though there are no specific legal provisions, same sex couples can now file for the same right and protection like a different-sex marriage using the provision of a "de facto union" in the 1991 constitution