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{{Infobox LGBT rights | {{Infobox LGBT rights | ||
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| image = Iran (orthographic projection).svg | | image = Iran (orthographic projection).svg | ||
| caption = ] | | caption = ] | ||
| legal_status = |
| legal_status = Same-sex relations illegal: ] is applied. | ||
| penalty = ], imprisonment, lashings, fines.<ref name="Tuysuz">{{Cite web|last=Tuysuz|first=Gul|date=15 May 2021|title=A card exempted a gay man from serving in Iran's military. It may have cost him his life|url=https://www.cnn.com/2021/05/15/middleeast/alireza-fazeli-monfared-iran-death-intl/index.html|access-date=2021-05-15|website=CNN}}</ref> | |||
| penalty = fines, jail, lashes or death penalty | |||
| gender_identity_expression = ] |
| gender_identity_expression = ], which is required to change legal gender, is legalized and is partially paid for by the government. | ||
| recognition_of_relationships = | | recognition_of_relationships = No recognition of same-sex unions | ||
| adoption = | | adoption = No | ||
| military = | | military = No | ||
| discrimination_protections = |
| discrimination_protections = None | ||
}} | }} | ||
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in ] face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are illegal. | |||
], ], ], and ] (]) people in ] face severe challenges not experienced by non-] residents. Sexual activity between members of the same sex is illegal and can be ],<ref name=":0" /><ref name=":1" /><ref name="Ind" /> and people can legally change their assigned sex only through ]. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in ]. | |||
] rights in ] have come in conflict with the ] since the 1930s.<ref>{{cite news |url=http://transcripts.cnn.com/TRANSCRIPTS/0809/23/lkl.01.html |title=Interview with Iranian President Mahmoud Ahmadinejad |work=Larry King Live |publisher=CNN |date=2008-09-23 |accessdate=2014-06-29}}</ref> ] is a crime punishable by imprisonment,<ref name=Ind/> ], and often ]. Gay men have faced stricter enforcement actions under the law than lesbians.<ref name=SexChange/> Iran insists that it does not execute people for homosexuality, and that gay people who have been executed have either committed rape, murder, or drug trafficking.<ref>{{cite news|url=http://www.sfbaytimes.com/index.php?sec=article&article_id=9170 |title=SF Bay Times |newspaper=San Francisco Bay Times |date=2008-10-09|accessdate=2013-11-02}}{{dead link|date=August 2015}}</ref> However, there were many notable cases where innocent homosexuals were executed, e.g. the execution of ]. | |||
] in Iran have come in conflict with the ] since the 1930s.<ref>{{cite news |url=http://transcripts.cnn.com/TRANSCRIPTS/0809/23/lkl.01.html |title=Interview with Iranian President Mahmoud Ahmadinejad |work=Larry King Live |publisher=CNN |date=2008-09-23 |access-date=2014-06-29}}</ref> In ], any type of sexual activity outside a ] marriage is forbidden. Same-sex sexual activities are punishable by imprisonment,<ref name=Ind /> ], fines, or ].<ref name=":0" /><ref name=":1">{{cite web |title=Iran: Islamic Penal Code |url=https://www.refworld.org/docid/518a19404.html |access-date=7 January 2021 |quote=Article 234: 'The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.' Article 236: 'If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty'}}</ref><ref name="Ind" /> Gay men have faced stricter enforcement actions under the law than lesbians. | |||
Any type of sexual activity outside a ] marriage is forbidden. ] is legal if accompanied by a ], with Iran carrying out more sex-change operations than any other country in the world bar after Thailand. These surgeries are typically partially funded by the state – there have been claims that some homosexual men may have been pressured to undergo them both by government and society.{{ref|saf}} Transsexuals still report societal intolerance as in other societies around the world.<ref name=SexChange>, Matthew Hays, '']'', August 26, 2008. Retrieved September 20, 2008.{{dead link|date=August 2015}}</ref> | |||
The ] is considered to be one of the most ] in the world.<ref>{{cite news |last1=Banning-Lover |first1=Rachel |title=Where are the most difficult places in the world to be gay or transgender? |url=https://www.theguardian.com/global-development-professionals-network/2017/mar/01/where-are-the-most-difficult-places-in-the-world-to-be-gay-or-transgender-lgbt |access-date=7 January 2021 |work=The Guardian |date=1 March 2017}}</ref><ref>{{cite news |last1=Weinthal |first1=Benjamin |title=Iran is the most dangerous country for gay travelers - report |url=https://www.jpost.com/middle-east/irans-regime-most-dangerous-country-for-gay-travelers-report-643340 |access-date=7 January 2021 |agency=The Jerusalem Post |date=24 September 2020}}</ref><ref>{{cite web |title='We Are a Buried Generation' Discrimination and Violence against Sexual Minorities in Iran |date=December 15, 2010 |url=https://www.hrw.org/report/2010/12/15/we-are-buried-generation/discrimination-and-violence-against-sexual-minorities |publisher=Human Rights Watch |access-date=7 January 2021}}</ref> It is estimated that hundreds or thousands<ref>{{cite web |title=Denied Identity: Human Rights Abuses Against Iran's LGBT Community |url=https://outrightinternational.org/sites/default/files/Denied-Identity.pdf |publisher=Iran Human Rights Documentation Center |access-date=7 January 2021 |date=November 2013 |archive-date=November 13, 2020 |archive-url=https://web.archive.org/web/20201113210906/https://outrightinternational.org/sites/default/files/Denied-Identity.pdf |url-status=dead }}</ref><ref>{{cite news |last1=Encarnacion |first1=Omar |title=Trump and Gay Rights: The Future of the Global Movement |url=https://www.foreignaffairs.com/articles/2017-02-13/trump-and-gay-rights?cid=nlc-fatoday-20170213&sp_mid=53412954&sp_rid=dmljdG9yLnN0ZXBpZW5AZ21haWwuY29tS0&spMailingID=53412954&spUserID=MjEwNDg3MDc2NzQ4S0&spJobID=1102227291&spReportId=MTEwMjIyNzI5MQS2 |access-date=7 January 2021 |agency=Foreign Affairs |date=13 February 2017}}</ref><ref>{{cite news |last1=Weinthal |first1=Benjamin |title=Iran executes 'high number' of gays, says German intelligence |url=https://www.jpost.com/middle-east/iran-executes-high-number-of-gays-says-german-intelligence-630751 |access-date=7 January 2021 |agency=The Jerusalem Post |date=9 June 2020}}</ref> of people were executed in the immediate aftermath of revolution of whom some 20 were homosexuals. ] called for them to be exterminated in 1979.<ref>{{cite journal |last1=Parsi |first1=Arsham |title=Iranian Queers and Laws: Fighting for Freedom of Expression |journal=Harvard International Review |date=2014 |volume=36 |issue=2 |page=53 |jstor=43649271 |url=https://www.jstor.org/stable/43649271 |access-date=7 January 2021}}</ref> | |||
==History of LGBT rights in Iran== | |||
] is recognized through sex reassignment surgery. ] are partially financially supported by the state. Some ] individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution for being gay.<ref name=":0" /><ref name=SexChange>{{cite news|title=Iran's gay plan|url=https://www.cbc.ca/news/entertainment/iran-s-gay-plan-1.729253|publisher=]|date=August 26, 2008|access-date=March 23, 2018|archive-date=April 16, 2009|url-status=live|archive-url=https://web.archive.org/web/20090416140030/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html}}</ref><ref name=":2">{{Cite web |last=Saeidzadeh |first=Zara |date=2014 |title=The legality of sex change surgery and construction of transsexual identity in contemporary Iran |url=https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=8895301 |website=] |pages=12, 13, 7, 18, 48, 49 |language=en |postscript=. Sociology of Law, Master's thesis on Social Studies of Gender}}</ref> Iran carries out more sex reassignment surgeries than any other country in the world, ranking second place after ].<ref name=":2" /><ref name=":0">{{Cite journal |last1=El-Bernoussi |first1=Zaynab |last2=Dupret |first2=Baudouin |date=2017 |title=Sex Reassignment |url=https://hal.science/hal-02624696/document |journal=Oxford Islamic Studies Online |pages=2, 3 |via=]}}</ref><ref name=":3">{{Cite journal |last1=Zagami |first1=Samira E. |last2=Roudsari |first2=Robab L. |last3=Sadeghi |first3=Ramin |date=2019-08-05 |year=2019 |title=Quality of Life After Sex Reassignment Surgery: A Systematic Review and Meta-Analysis |url=https://brieflands.com/articles/ijpbs-69086.pdf |journal=Iran J Psychiatry Behav Sci |volume=13 |issue=3 |pages=1 |doi=10.5812/ijpbs.69086}}</ref> | |||
===Pre-Islamic period=== | |||
The history of homosexuality in Iran has been both influential and contradictory. The ] religion in the country, which reached its peak under the ], taught that all involved in same-sex relationships (active or passive) are inherently demonic and as such they must be put to death{{citation needed|date=January 2012}} when detected. This condemnation seems to have made its way slowly against the much older Iranian tradition of ] and initiatory ], coming into sharp conflict during the ] period. | |||
== LGBT history in Iran == | |||
===Islam=== | |||
{{Main|LGBTQ history in Iran}} | |||
{{main|Homosexuality and Islam}} | |||
Around 250 BC, during the ], the ] text ] was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in ] could be killed without permission from ]. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran.<ref name=ZoroTenents>{{cite web |author1=Ervad Behramshah Hormusji Bharda |title=The Importance of Vendidad in the Zarathushti Religion |url=http://tenets.zoroastrianism.com/vndimp33.html|website=tenets.zoroastrianism.com |access-date=January 3, 2015 |date=1990}}</ref><ref name=Frashogard>{{cite web |author1=Ervad Marzban Hathiram |title=Significance and Philosophy of the Vendidad |url=http://www.frashogard.com/wp-content/uploads/2007/09/the-vendidad-part-3.pdf |website=frashogard.com |access-date=January 3, 2015}}</ref><ref name=HI>{{cite web|title=Ranghaya, Sixteenth Vendidad Nation & Western Aryan Lands|url=http://www.heritageinstitute.com/zoroastrianism/ranghaya/index.htm|website=heritageinstitute.com|publisher=Heritage Institute |access-date=January 3, 2015}}</ref><ref name="Mercury Biography">{{cite book |last1=Jones |first1=Lesley-Ann |title=Freddie Mercury: The Definitive Biography: The Definitive Biography |publisher=Hachette UK, 2011 |isbn=9781444733709 |page=28 |url=https://books.google.com/books?id=VJOPWGEUEZ4C&pg=PT28 |access-date=3 January 2015|date=2011-10-13 }}</ref><ref name="Sacred Books of the East">{{cite book |last1=Darmesteter |first1=James |title=Sacred Books of the East |date=1898 |location=Vd 8:32 |edition=American |url=http://www.avesta.org/vendidad/vd8sbe.htm |access-date=January 3, 2015 |quote=(...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...)}}</ref> | |||
The ] (sayings and actions of Muhammad) show that homosexuality was not unknown in ].<ref name="autogenerated1983"/> Given that the Qur'an is vague regarding the punishment of homosexual sodomy, Islamic jurists turned to the collections of the hadith and ] (accounts of Muhammad's life) to support their argument for ] punishment; these are perfectly clear but particularly harsh.<ref name="autogenerated1983">Ed. C. Bosworth, E. van Donzel, ''The Encyclopaedia of Islam'', Leiden, 1983</ref> | |||
There is a significant amount of literature in ] that contains explicit same-sex illustrations.<ref>{{cite web|url=http://www.glbtq.com/literature/mid_e_lit_persian.html |title=>> literature >> Middle Eastern Literature: Persian |publisher=glbtq |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20091004071033/http://www.glbtq.com/literature/mid_e_lit_persian.html |archive-date=October 4, 2009 }}</ref> A few Persian ] and texts from prominent medieval Persian poet ]'s '']'' and '']'' have also been interpreted as homoerotic poems.<ref>{{cite web|url=http://www.kirjasto.sci.fi/sadi.htm |title=Sa'di |website=Books and Writers (kirjasto.sci.fi) |first=Petri |last=Liukkonen |publisher=] Public Library |location=Finland |archive-url=https://web.archive.org/web/20120530014707/http://www.kirjasto.sci.fi/sadi.htm |archive-date=May 30, 2012 |url-status=dead }}</ref> | |||
Persia was conquered by the Arabs in A.D. 637, when Islam took over as the predominant faith. The Arabs were only superficially intolerant of homosexuality, and certainly the Koran specified no earthly punishment for homosexual behavior. Nevertheless, the devout Muslim was expected to know that God would be displeased. The outcome was a toleration and even celebration of pederasty in classical Islam, and much of the Arab poetry of this time is devoted to boys and their beauty. There is a significant amount of literature in Persian that explicitly illustrates the ancient existence of homosexuality among Iranians.<ref>{{cite web|url=http://www.glbtq.com/literature/mid_e_lit_persian.html |title=Middle Eastern Literature: Persian |publisher=glbtq |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> As a result, over a period of time the people of Persia once again moderated or reversed their earlier position. | |||
Under the rule of ], the last monarch of the ], homosexuality was criminalised, though it was mostly tolerated even to the point of allowing news coverage of a mock same-sex wedding. ] has argued that the ] was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran.<ref name="gaycitynews.com">{{cite web |url=http://www.gaycitynews.com/gcn_432/iraniansourcesquestion.html |title=Iranian Sources Question Rape Charges in Teen Executions |access-date=May 19, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20130723203632/http://gaycitynews.com/gcn_432/iraniansourcesquestion.html |archive-date=July 23, 2013}}</ref> ], ] and the son of ], argued that LGBT individuals had freedom before the "Mullah Regime" (the ]).<ref>{{Cite web |title=شاهزاده رضا پهلوی: اقلیتهای جنسی و جنسیتی در ایران پیش از «رژیم ملاها» آزادی داشتند |trans-title=Prince Reza Pahlavi: Sexual and gender minorities in Iran had freedom before the "Mullah regime." |url=https://ir.voanews.com/amp/prince-reza-pahlavi-lgbt-iran/7352697.html |url-status=live |archive-url=https://web.archive.org/web/20241004014837/https://ir.voanews.com/amp/prince-reza-pahlavi-lgbt-iran/7352697.html |archive-date=2024-10-04 |access-date=2024-10-03 |website=ir.voanews.com |language=fa}}</ref> After the 1979 Revolution, thousands of people were executed in public, including some homosexuals.<ref>{{cite news |url=https://www.nytimes.com/1989/06/04/obituaries/ayatollah-ruhollah-khomeini-89-the-unwavering-iranian-spiritual-leader.html?pagewanted=all |title=Ayatollah Ruhollah Khomeini, 89, the Unwavering Iranian Spiritual Leader |year=1989 |work=The New York Times}}</ref><ref>{{cite news |url=https://www.nytimes.com/1979/10/07/archives/an-interview-with-khomeini.html |title=An Interview With KHOMEINI |work=The New York Times |date=October 7, 1979}}</ref> | |||
In Persian poetry, references to sexual love can be found in addition to those of spiritual/religious love. A few ]s (love poems) and texts in ]'s ] and ] have been interpreted by Western readers as homoerotic poems. In some poems, Sa'di's beloved is a young man, not a beautiful woman. In this he followed the conventions of traditional Persian poetry. Sa'di's own attitude toward homosexuals was more negative than positive. In the Gulistan he stated, "If a Tatar slays that hermaphrodite / The Tatar must not be slain in return." Another story tells of the qazi of Hamdan whose affection towards a farrier-boy is condemned by his friends and the king, who eventually says: "Everyone of you who are bearers of your own faults / Ought not to blame others for their defects."<ref>{{cite web |url=http://www.kirjasto.sci.fi/sadi.htm |title=Sa'di |website=Books and Writers ''(kirjasto.sci.fi)'' |first=Petri |last=Liukkonen |publisher=] Public Library |location=Finland |archiveurl=https://web.archive.org/web/20150210175324/http://www.kirjasto.sci.fi/sadi.htm |archivedate=10 February 2015 |dead-url=yes}}</ref> | |||
<gallery widths="190"> | |||
===Medieval jurisprudence=== | |||
File:Shah Abbas and Wine Boy.jpg|A ] ] from 1627, depicting ] with a page. ], Paris. | |||
The four schools of medieval ] (Islamic law) disagreed on what punishment is appropriate for ''liwat''. Abu Bakr Al-Jassas (d. 981 AD/370 AH) argued that the two ] on killing homosexuals "are not reliable by any means and no legal punishment can be prescribed based on them",<ref>{{dead link|date=November 2011}} by Mohamed El-Moctar El-Shinqiti, ].net</ref> and the ] school held that it does not merit any physical punishment, on the basis of a hadith that "Muslim blood can only be spilled for adultery, ] and homicide"; against this the ] school held that sodomy is a form of adultery and must incur the same penalty, i.e. death.<ref name="ReferenceA">Wayne Dynes, ''Encyclopaedia of Homosexuality'', New York, 1990.</ref> | |||
File:Men engaging in anal sex, Safavid painting, 1660.jpg|Two men engaged in anal sex. Watercolour on paper. From Iran. ], ]. Around 1880 - 1926. | |||
File:Men engaging in anal sex, Safavid painting, 1720.jpg|Two men engaged in anal sex. Watercolour on paper.From Iran.], ]. Around 1880 - 1926. | |||
File:Youth and suitors.jpg|A depiction of a youth conversing with suitors from ]'s '']'', in the story ''A Father Advises his Son About Love''. ], Washington, DC. | |||
File:Chehel Sutun - Men and youths by a stream.jpg|Men and youths depicted on a ] ceramic panel from ], ]. ], Paris. | |||
</gallery> | |||
== Legality of same-sex sexual activity == | |||
There were varying opinions on how the death penalty is to be carried out. ] recommended toppling a wall on the evil-doer, or else burning alive,<ref>{{cite book|url=https://books.google.com/books?id=hQuHFPKp8L0C&pg=PA88|last=Wafer |first=Jim |chapter=Muhammad and Male Homosexuality |editor=Stephen O. Murray and Will Roscoe |title=Islamic Homosexualities: Culture, History and Literature |pages=89–90 |publisher=New York University Press |year=1997 |isbn=9780814774687 |accessdate=2010-07-24}}</ref> while ] ordered death by stoning for one "luti" and had another thrown head-first from the top of a minaret—according to ], this last punishment must be followed by stoning.<ref name="autogenerated1983"/> | |||
Since the ], the legal code has been based on ]. Despite allowing ], homosexuality in Iran remains a crime punishable by death.<ref name=":0" /><ref name=":1" /><ref name="Ind" /><ref name=":2" /><ref name=":3" /> In Iran, this framework is occasionally viewed as a means to "correct" individuals who may otherwise express ], offering an option to conform to ] (Najmabadi, 2011, p. 534).<ref name=":0" /><ref name="SexChange" /><ref name=":2" /> All sexual activities that occur outside a ] (i.e., sodomy or adultery) are illegal.<ref name=":0" /><ref name=":1" /> Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death,<ref name=":0" /><ref name=":1" /><ref name="Ind" /> though not generally implemented.{{citation needed|date=March 2018}} Rape, whether same-sex or opposite-sex, often results in execution, but is related to adultery and sodomy in Iran's penal code rather than being classified as "sexual assault". The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.{{citation needed|date=March 2018}} | |||
=== Male same-sex sexual activity === | |||
===20th century Iran=== | |||
According to Articles 108 to 112, ] (''lavāt'') can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind, and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion. | |||
=== Female same-sex sexual activity === | |||
Under the rule of ], the last monarch of the Pahlavi Dynasty, homosexuality was tolerated, even to the point of allowing news coverage of a same-sex wedding. In the mid-late 1970s, some Iranians even began to talk about starting up a gay rights organization, similar to the ] movement. Until the revolution, there were some night clubs in which gay behavior was tolerated. During the Shah's time, however, homosexuality was still taboo everywhere, and often one could not turn to family or friends for support and guidance. There were no public agencies to assist youth or people who were confused or questioning their sexuality. | |||
According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (''mosāheqe'') involving persons who are mature, of sound mind and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 says that both Muslims and non-Muslims are subject to the punishment. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes. | |||
At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape.{{citation needed|date=March 2018}} | |||
] has argued that the 1979 revolution was partly motivated by moral outrage against the Shah's regime, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran.<ref>{{cite news |author=Doug Ireland |date=August 11–17, 2005 |title=Iranian Sources Question Rape Charges in Teen Executions |url=http://gaycitynews.nyc/gcn_432/iraniansourcesquestion.html |newspaper=Gay City News |accessdate=August 31, 2015}}</ref> | |||
The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer ] was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.<ref>{{cite news |url=https://www.nytimes.com/1994/11/28/world/leading-dissident-writer-in-iran-dies-after-8-months-in-detention.html |title=Leading Dissident Writer in Iran Dies After 8 Months in Detention |newspaper=] |date=November 28, 1994 |access-date=August 31, 2015}}</ref> | |||
===Post-Islamic revolution=== | |||
The new religious government that came to be established after the ] classed transsexuals and ] with gays and ]s, who were condemned by ] and faced the punishment and imprisonment under Iran's ]. In 1986, transsexuals were re-classified as being "heterosexual". | |||
=== Adultery === | |||
On September 24, 2007, while speaking at ], when Iranian President Mahmoud Ahmadinejad was asked the question "Iranian women are now denied basic human rights and your government has imposed draconian punishments including execution on Iranian citizens who are homosexuals. Why are you doing those things?", he replied, "We don't have homosexuals, like in your country."<ref>{{cite news |url=http://www.cnn.com/2007/US/09/24/us.iran/index.html |title=Ahmadinejad speaks; outrage and controversy follow |publisher=CNN |date=September 24, 2007 |accessdate=August 31, 2015}}</ref> An aide later said that he was misquoted and was actually saying that "compared to American society, we don't have many homosexuals." The aide further clarified that because of historical, religious and cultural differences homosexuality is less common in Iran and the Islamic world than in the West.<ref>{{cite news|url=http://www.reuters.com/article/2007/10/10/us-iran-gays-idUSBLA05294620071010 |title=President misquoted over gays in Iran: aide |publisher=Reuters |date=October 10, 2007 |accessdate=October 22, 2010}}</ref> | |||
Adultery (''zina-e-mohsen'') is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012, by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then. | |||
In November 2021, a married Iranian man and his male lover, ages 27 and 33, were given the death penalty for adultery. The married man's wife pleaded for their lives, while her father asked that they be executed. The judge upheld her father's request.<ref>{{Cite web|title=Iran: Gay couple sentenced to death for adultery after family demanded execution|url=https://www.wionews.com/world/iran-gay-couple-sentenced-to-death-for-adultery-after-family-demanded-execution-427557|access-date=2021-12-07|website=WION|date=November 8, 2021 |language=en}}</ref><ref>{{Cite news|title=Couple in Iran sentenced to death for adultery|url=https://www.jpost.com/middle-east/iran-news/irans-regime-sentences-couple-to-death-for-adultery-684321|access-date=2021-12-07|newspaper=The Jerusalem Post | Jpost.com|language=en-US}}</ref> | |||
====Transsexuality in Iran==== | |||
{{Main|Transsexuality in Iran}} | |||
Before the ] in 1979, the issue of '''transsexuality in Iran''' had never been officially addressed by the government. Beginning in the mid-1980s, however, ] individuals were officially recognized by the government and allowed to undergo ]. As of 2008, ] carries out more sex change operations than any other nation in the world except for ]. The government provides up to half the cost for those needing financial assistance, and a sex change is recognised on the birth certificate.<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/7259057.stm |title=Iran's 'diagnosed transsexuals' |last=Barford |first=Vanessa |date=February 25, 2008 |accessdate=March 12, 2012 |publisher=BBC News}}</ref> Transsexual women in Iran may live as women until they have surgery and get married to men after the surgery. | |||
==Public morality laws== | |||
In 1963, Ayatollah ], future ], wrote a book in which he stated that there was no religious restriction on corrective surgery for intersex individuals, though this did not apply to those without physical ambiguity in sex organs. At the time Khomeini was a radical, anti-Shah revolutionary and his ]s did not carry any weight with the Imperial government, which did not have any specific policies regarding transsexual individuals.{{ref|rob}} | |||
Under more public morality laws, offenders face additional jail time, whippings, and fines.<ref>{{Cite web|last=Refugees|first=United Nations High Commissioner for|title=Refworld {{!}} Iran: Islamic Penal Code|url=https://www.refworld.org/docid/518a19404.html|access-date=2021-12-07|website=Refworld|language=en}}</ref> | |||
Article 637 – Any man and woman who are not married and who commit a crime against public morality, | |||
After the revolution, the new religious government that came to be established after the ] classed transsexuals and ]s with ]s and ]s, who were condemned by ] and faced the punishment of ] or even death under Iran's ].One early campaigner for transsexual rights is ], who was formerly male and known as Fereydoon. Before the revolution, she had longed to become physically female but could not afford surgery. Furthermore, she wanted religious authorization. Since 1975, she had been writing letters to Ayatollah Khomeini, who was to become the leader of ] and was in exile. After the revolution, she was fired, forcibly injected with male ], and institutionalized. She was later released with help from her connection, and she kept lobbying many other leaders. Later she went to see Khomeini, who had returned to Iran. At first she was stopped and beaten by his guards, but eventually Khomeini gave her a letter to authorize her sex reassignment operation. The letter is later known as the ] that authorizes such operations in Iran.<ref>Robert Tait, {{dead link|date=August 2015}}, and {{cite news |author=Robert Tait |date=July 27, 2005 |title=A fatwa for freedom |url=http://www.theguardian.com/world/2005/jul/27/gayrights.iran |newspaper=]}} Gives details on Molkara's plea to Khomeni.</ref><ref>{{cite news |author=Frances Harrison |url=http://news.bbc.co.uk/2/hi/programmes/newsnight/4115535.stm |title=Iran's sex-change operations |publisher=] |date=January 5, 2005}}</ref><ref>], '''', 7th European Country of Origin Information Seminar Berlin, June 11–12, 2001 – Final report. Transsexual part is on p. 104.</ref><ref>{{note|saf}}Safra Project .</ref><ref>2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15.</ref> | |||
excluding adultery, should be sentenced to flogging (99 lashes). If one of them did not consent to the crime, | |||
then only the one who initiated the crime should be punished. | |||
Article 638- Anyone who explicitly violates any religious taboo in public beside being punished for the act | |||
should also be imprisoned from ten days to two months, or should be flogged (74 lashes). | |||
Note- women who appear in public without a proper hijab should be imprisoned from ten days to two months or | |||
pay a fine of 50,000 to 500,000 Ryal. | |||
Article 639 – The following people should be imprisoned from one to ten years, and in the case of category (a) | |||
the property should be confiscated according to decision of the court. | |||
a) anyone who manages a property where activities against public morality take place; | |||
b) anyone who encourages people to violate public morality; | |||
Article 640 – The following people should be imprisoned from three months to one year and pay a fine of | |||
1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of these punishments. | |||
c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any | |||
other thing that violates public morality; | |||
d) anyone who is included in the circulation of the above items; | |||
=== Capital punishment === | |||
]'s 2001 report says that ] is performed frequently and openly in Iran, and that homosexual and cross-dressing people, although unrelated to transsexualism{{dubious|date=October 2013}}, would be safe as long as they keep a low profile.{{ref|UN}} However, the ]'s 2004 report considers UNHCR's report over-optimistic. The Safra Project's report suggests that UNHCR underestimated legal pressure over transsexual and ] matters.{{Citation needed|date=February 2009}} | |||
] | |||
{{Main|Capital punishment in Iran}} | |||
Some human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979.<ref>{{cite news| url=https://www.telegraph.co.uk/news/wikileaks-files/london-wikileaks/8305064/IRAN-UK-GRANTS-ASYLUM-TO-VICTIM-OF-TEHRAN-PERSECUTION-OF-GAYS-CITING-PUBLICITY.html | location=London | work=The Daily Telegraph | title=Iran: Uk Grants Asylum To Victim Of Tehran Persecution Of Gays, Citing Publicity | date=February 4, 2011}}</ref><ref name="foreignaffairstrumpandgayrights">{{cite news|last1=Encarnación|first1=Omar G.|title=Trump and Gay Rights: The Future of the Global Movement|url=https://www.foreignaffairs.com/articles/2017-02-13/trump-and-gay-rights?cid=nlc-fatoday-20170213&sp_mid=53412954&sp_rid=dmljdG9yLnN0ZXBpZW5AZ21haWwuY29tS0|access-date=February 14, 2017|work=Foreign Affairs|date=February 13, 2017|quote=Amnesty International reports that some 5,000 gays and lesbians have been executed in Iran since the 1979 Iranian Revolution, including two gay men executed in 2014, both hanged for engaging in consensual homosexual relations.}} {{subscription required|via=Foreign Affairs}}</ref> According to The Boroumand Foundation,<ref>{{cite web|url=http://www.abfiran.org/english/memorial.php |title=The Boroumand Foundation |publisher=Abfiran.org |date=December 10, 1998 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20081029022121/http://www.abfiran.org/english/memorial.php |archive-date=October 29, 2008 }}</ref> there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990.<ref>{{cite web|url=http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |title=Search the Iran Human Rights Memorial, Omid – Boroumand Foundation for Human Rights in Iran |publisher=Abfiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20080424114804/http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |archive-date=April 24, 2008 }}</ref> According to ], a male homosexual was executed in January 1990 under unclear circumstances that is no reason was given. At least five people convicted of homosexual activity, three men and two women were executed in January 1990 as a result of the government policy of demanding executions of those who "practice homosexuality".<ref>{{cite web|url=http://www.abfiran.org/english/person-12694.php |title=Un-named person (male) – Promoting Human Rights in Iran |publisher=Abfiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20071109220143/http://www.abfiran.org/english/person-12694.php |archive-date=November 9, 2007 }}</ref> | |||
The report further states that currently, it is not possible for presumed transsexual individuals to choose not to undergo surgery – if they are approved for sex reassignment, they are expected to undergo treatment immediately. Those who wish to remain "non-operative" (as well as those who cross-dress and/or identify as ]) are considered their biological gender, and as such they are likely to face harassment as being homosexuals and subject to the same laws barring ].{{ref|saf}} | |||
In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be executed. He said that if they do it privately then it's okay but if they do it overtly then they are to be executed.<ref name="auto">; ''The Times'', November 13, 2007; Retrieved on April 1, 2008{{subscription required}}</ref> | |||
==Legal status== | |||
LGBT rights activists ] and ] were sentenced to death in 2021 by a court in Iran for "promoting homosexuality, promoting Christianity and communicating with media opposed to the Islamic Republic". The sentence was confirmed by Iran's judiciary, but said the charges involved "human trafficking and not activism".<ref>{{cite news |title=Iran sentences two LGBT activists to death |work=] |url=https://www.bbc.com/news/world-middle-east-62793573}}</ref> On September 5, 2022, Iran's official ] news agency reported that the two women had been sentenced to death on charges of "corruption on earth" and human tracking. The European Union condemned the death sentences on September 13, 2022.<ref>{{Cite news |date=2022-09-13 |title=EU condemns death sentences for two women in Iran |language=en |work=Reuters |url=https://www.reuters.com/world/middle-east/eu-condemns-death-sentences-two-women-iran-2022-09-13/ |access-date=2022-09-14}}</ref> | |||
Since the 1979 Iranian revolution, the legal code has been based on Islamic ] law. All sexual relations that occur outside a traditional, heterosexual marriage (i.e. sodomy or adultery) are illegal and no legal distinction is made between consensual or non-consensual sodomy. Homosexual relations that occur between consenting adults in private are a crime and carry a maximum punishment of death (though not generally implemented) Forced homosexual relations (rape) often results in execution. The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. (see ] whose ages were raised to 19 in court transcripts). Approved by the Iranian Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly talk about homosexuality and its punishments in detail: {{Citation needed|date=July 2008}} | |||
=== |
==== Sodomy ==== | ||
{{See also|Capital punishment for homosexuality}} | |||
Sodomy (lavat) can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind and consenting; the method of execution is for the judge to decide. If one person is non-consenting (ex. a rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. (Articles 108 to 113) Sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. (Articles 114 to 119). "If sodomy, or the lesser crimes referred to above, are proved by confession, and the person concerned repents, the Shari'a judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. (Articles 125 and 126). The judge may punish the person for lesser crimes at his discretion. | |||
Few consenting participants of ] (''lavāt'') are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper '']'' reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts to which they confessed. Another two men were allegedly hanged publicly in the northern town of ] for sodomy in November 2005.<ref>{{cite web |url=https://www.hrw.org/news/2005/11/21/iran-two-more-executions-homosexual-conduct |title=Iran: Two More Executions for Homosexual Conduct |publisher=] |date=November 21, 2005 |access-date=September 20, 2008}}</ref> In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts.<ref name=Ind>{{cite news |url=https://www.independent.co.uk/news/world/middle-east/brutal-land-where-homosexuality-is-punishable-by-death-792057.html |title=Brutal land where homosexuality is punishable by death |author=Ann Penketh |newspaper=] |date=March 6, 2008 |access-date=September 20, 2008}}</ref> On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of ].{{Citation needed|date=January 2020}} In January 2022, two gay men allegedly sentenced for "forced sexual intercourse between two men" were executed in the city of ] after spending six years on death row.<ref>{{Cite news|date=1 February 2022|title=Rights group: Iran executes 2 gay men over sodomy charges|work=]|url=https://apnews.com/article/middle-east-iran-crime-dubai-united-arab-emirates-e3d7108441665c40982329f26ff07fc9}}</ref> | |||
=== |
=== Arrests === | ||
On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in ], ], for homosexual activity. An on-line petition for their release began to circulate around the internet.<ref>{{cite news |url=http://www.indymedia.be/index.html%3Fq=node%252F25698.html |title=Petition for the Lives of Two Iranian Gay Guys: Hamzeh and Loghman, at Risk of Death Sentence |date=January 28, 2008 |publisher=indymedia.be |access-date=August 31, 2015}}</ref> They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with ''mohārebe'' ("waging war against God") and ''lavāt'' (sodomy). | |||
The punishment for lesbianism (mosahegheh) involving persons who are mature, of sound mind, and consenting, is 50 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. (Articles 127, 129, 130) The ways of proving lesbianism in court are the same as for male homosexuality. (Article 128) Non-Muslim and ] alike are subject to punishment (Article 130) The rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses (Articles 132 and 133) Women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes. (Article 134) | |||
There were two reported crackdowns in ], Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend.<ref>{{cite news |url=http://www.ukgaynews.org.uk/Archive/07/May/1404.htm |title=More Than Eighty 'Gay' Men Arrested at Birthday Party in Isfahan |newspaper=] |publisher=ukgaynews.org.uk |date=May 14, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20110414062406/http://ukgaynews.org.uk/Archive/07/May/1404.htm |archive-date=April 14, 2011 |df=mdy-all }}</ref> All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing.<ref>, May 17, 2007. Retrieved September 20, 2008. {{webarchive |url=https://web.archive.org/web/20110221020707/http://www.amnestyusa.org/document.php?id=ENGUSA20070521002&lang=e |date=February 21, 2011 }}</ref> Photos of the beaten men were released by the ]-based ].<ref>, Iranian Queer Organization. Retrieved September 20, 2008.</ref> According to ], in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity.<ref>{{cite web|url=https://www.hrw.org/english/docs/2008/03/28/iran18385.htm |title=Iran: Private Homes Raided for 'Immorality' |publisher=Human Rights Watch |date=March 28, 2008 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20081113074059/http://hrw.org/english/docs/2008/03/28/iran18385.htm |archive-date=November 13, 2008 }}</ref> | |||
==Application of laws== | |||
At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty (unless the crime was a rape). | |||
In April 2017, 30 men were arrested in a raid in ], "charged with sodomy, drinking alcohol and using psychedelic drugs".<ref name="jerusalempostshotsfired">{{cite news|last1=Weinthal|first1=Benjamin|title=SHOTS FIRED AS IRAN ARRESTS OVER 30 GAY MEN IN VIOLENT RAID|url=http://www.jpost.com/Middle-East/Shots-fired-as-Iran-arrests-over-30-gay-men-in-violent-raid-488419|access-date=April 21, 2017|work=The Jerusalem Post|date=April 20, 2017}}</ref> | |||
The charges of homosexuality and ''Lavat'' (]) have in a few occasions been used in political crimes. Other charges had been paired with the Lavat crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer ] was charged with offenses ranging from drug dealing to espionage to homosexuality. He died in prison under disputed circumstances.<ref>{{cite news |url=http://www.nytimes.com/1994/11/28/world/leading-dissident-writer-in-iran-dies-after-8-months-in-detention.html |title=Leading Dissident Writer in Iran Dies After 8 Months in Detention |newspaper=] |date=November 28, 1994 |accessdate=August 31, 2015}}</ref> | |||
== Recognition of same-sex relationships == | |||
=== Capital punishment === | |||
] and ]s are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in whom, and when, their children marry and even what profession they chose.<ref name="cultureofiran.com">{{cite web|url=http://www.cultureofiran.com/Patriarchy.php|archive-url=https://web.archive.org/web/20030201202558/http://www.cultureofiran.com/Patriarchy.php|url-status=dead|archive-date=February 1, 2003|title=Culture of Iran|date=February 1, 2003}}</ref> Few LGBT Iranians ] to family due to the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of ] or ].{{citation needed|date=March 2018}} | |||
{{main|Capital punishment in Iran}} | |||
Some human rights activists and opponents of the Iranian regime claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979.<ref>{{cite news| url=http://www.telegraph.co.uk/news/wikileaks-files/london-wikileaks/8305064/IRAN-UK-GRANTS-ASYLUM-TO-VICTIM-OF-TEHRAN-PERSECUTION-OF-GAYS-CITING-PUBLICITY.html | location=London | work=The Daily Telegraph | title=Iran: Uk Grants Asylum To Victim Of Tehran Persecution Of Gays, Citing Publicity | date=February 4, 2011}}</ref> According to The Boroumand Foundation,<ref>{{cite web|url=http://www.abfiran.org/english/memorial.php |title=The Boroumand Foundation |publisher=Abfiran.org |date=December 10, 1998 |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990.<ref>{{cite web|url=http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |title=Search the Iran Human Rights Memorial, Omid – Boroumand Foundation for Human Rights in Iran |publisher=Abfiran.org |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> According to ], at least 5 people convicted of "homosexual tendencies", three men and two women, were executed in January 1990, as a result of the Iranian government's policy of calling for the execution of those who practice homosexuality.<ref>{{cite web|url=http://www.abfiran.org/english/person-12694.php |title=Un-named person (male) – Promoting Human Rights in Iran |publisher=Abfiran.org |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> | |||
Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals.<ref name="cultureofiran.com" /> In 2004, an independent film{{which|date=January 2023}} was released, directed by ], that examined the changing mores of Iranian youth when it comes to sex and dating.<ref>{{cite web |url=http://www.tiburonfilmfestival.com/filmInfo.php?film_id=4564 |title=The Color of Love (Range Eshgh) |publisher=Tiburon International Film Festival |date=March 26, 2007 |access-date=October 22, 2010}}</ref> | |||
Homosexual offenses are legally recognized as adultery, sodomy, rape and often related to drug trafficking, alcoholism and other major crimes. Punishments are severe. | |||
Gay Iranian couples are often afraid to be seen together<ref>{{cite web|author=Fozoole Mahaleh |date=December 5, 2010 |url=http://www.fozoolemahaleh.com/2010/12/05/هم-جنس-بازی-دلبستگی-دو-انسان-و-طبیعی-است |script-title=fa:آیا هم جنس گرایی، یک بیماری است و یا یک نوع علاقه و دلبستگی میان دو انسان؟ |language=fa |trans-title=Is homosexuality a disease or a kind of interest and attachment between two people? |publisher=FozooleMahaleh.com |access-date=December 5, 2010}}</ref> in public, and report that ] people were widely stereotyped as being sex-obsessed child molesters, rapists, and disease-ridden.<ref>{{cite web |last=Parsi |first=Arsham |url=http://gayrepublic.org/index.php?name=News&file=article&sid=1787&lead=1 |title=Interview with Iranian Gay Couple |publisher=Gay Republic Daily |date=September 7, 2007 |access-date=October 22, 2010}}</ref> | |||
==== Adultery ==== | |||
== Gender identity and expression == | |||
Adultery (zina-e-mohsen) is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012 by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then. | |||
{{Main|Transgender rights in Iran}} | |||
Before the 1979 Islamic Revolution, the Iranian government did not address the issue of transsexuality. However, in 1964, while in exile under the shah's regime, Ayatollah Ruhollah Khomeini issued a fatwa approving sex reassignment surgeries.<ref name=":0" /> | |||
As Article 20 in Clause 14 states, a person who has ] can legally change their name and gender on the birth certification upon the order of court. | |||
In April 1992, Dr. Ali Mozafarian, a Sunni Muslim leader in the Fars province (Southern Iran), was executed in Shiraz after being convicted on charges of espionage, adultery, and sodomy. His videotaped confession was broadcast on television in Shiraz and in the streets of ] and ]. | |||
Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whoever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender. | |||
On November 12, 1995, by the verdict of the eighth judicial branch of ] and the confirmation of the Supreme Court of Iran, Mehdi Barazandeh, otherwise known as Safa Ali Shah Hamadani, was condemned to death. The judicial authorities announced that Barazandeh's crimes were repeated acts of adultery and "the obscene act of sodomy." The court's decree was carried out by stoning Barazandeh.(Islamic Republic Newspaper – November 14, 1995 + reported in Homan's magazine June 10, 1996). Between 1979 and 2002, 40–76 adultery/incest executions (by stoning) were recorded for both men and women.<ref>{{cite news |url=http://www.aolnews.com/2010/07/06/iranian-family-campaigns-to-save-mother-from-stoning/ |title=News & latest headlines from AOL |publisher=Aolnews.com |date=2014-06-25 |accessdate=2014-06-29}}{{dead link|date=August 2015}}</ref> After 2002, allegedly eight men were stoned to death<ref>{{dead link|date=June 2014}}</ref> and one woman hanged.<ref>{{cite web|author=06292014Sun |url=http://www.iranfocus.com/en/?option=com_content&task=view&id=137 |title=Iran Focus |publisher=Iran Focus |date= |accessdate=2014-06-29}}{{dead link|date=August 2015}}</ref> Even if the actual numbers are higher, the punishment is nonetheless very rare especially in proportion to confirmed cases of adultery. The punishment is given mostly in aggravated circumstances when the four witnesses or a confession is available and the spouse died. Most adulterers go unpunished, or receive a lighter sentence. Divorce is usually the most common method in dealing with adultery. | |||
Although legally recognized by the current Supreme Leader in Iran, ] ], Grand Ayatollah ] addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)".{{clarify|date=March 2018}} Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful.<ref>{{Cite web |url=http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |title=The Legality of Sex Change Surgery and Construction of Transsexual Identity in Contemporary Iran |last=Saeidzadeh |first=Zara |year=2014 |publisher=Lund University |url-status=dead |archive-url=https://web.archive.org/web/20161117064353/http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |archive-date=November 17, 2016 }}</ref>{{unreliable source?|date=March 2018}} | |||
In 1976, the Iranian Medical Association ruled that such surgeries were unethical, except for intersex individuals (hermaphrodites).<ref name=":0" /> | |||
In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be tortured, executed, or both.<ref>; ''The Times'', November 13, 2007; Retrieved on April 1, 2008{{subscription required}}</ref> | |||
Since the mid-1980s, the Iranian government has legalized the practice of sex reassignment surgery (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a ] allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|title=Iran's 'diagnosed transsexuals'|last=Barford|first=Vanessa|date=25 February 2008|publisher=BBC|access-date=1 March 2008|archive-url=https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|archive-date=February 29, 2008 |url-status=live}}</ref><ref>{{cite news|url=https://www.cbc.ca/news/entertainment/iran-s-gay-plan-1.729253 |title=Film – Iran's gay plan |publisher=CBC News |date=August 26, 2008 |access-date=October 22, 2010 |url-status=live |archive-url=https://web.archive.org/web/20100222091444/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html |archive-date=February 22, 2010 }}</ref> In 1985, Khomeini reaffirmed his earlier fatwa, once again permitting the procedure.<ref name=":0" /> | |||
==== Rape ==== | |||
Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.<ref name="SexChange" />{{ref|saf}} | |||
Rape (zina-be-onf) is related to adultery, has the same proof requirements, and is punishable by death by hanging. In Iran, for most part, convictions are made either by confession or "judge's knowledge", rather than witnesses. 10–15% of executions in Iran are for rape. | |||
Iran's medical and legal endorsement of sex reassignment often pushes individuals who express gender nonconformity or ] toward sex reassignment, framing it as a way to normalize their gender identity in accordance with societal expectations of ] (Najmabadi, 2011, p. 534).<ref name=":2" /> If a transsexual individual can avoid committing sins or what it refers to as "same-sex playing" ({{Langx|fa|همجنسباز|lit=|translit=hamjinsbâz}}), such as engaging in same-sex acts, they are not required to undergo bodily alterations (Najmabadi, 2014, p. 82).<ref name=":2" /> Several Maraj’e Taghlid have stressed that sex reassignment is not permissible for individuals who are simply cross-dressers or those who engage in same-sex behavior.<ref name=":2" /> Hujatal Islam Kariminia asserts that society is largely unaware of the clear distinction between ] and ], comparing the gap between the two to the "Great Wall of China" (Najmabadi, 2014, p. 185).<ref name=":2" /> | |||
In many cases the rape victim settles the case by accepting compensation (jirah) in exchange for withdrawing the charges or forgiving the rapist. This is similar to diyyeh, but equal to a woman's dowry. A woman can also receive diyya for injuries sustained. Normally the rapist still faces tazir penalties, such as 100 lashes and jail time for immoral acts, and often faces further penalties for other crimes committed alongside the rape, such as kidnapping, assault, and disruption of public order. | |||
]'s 2008 documentary '']'' highlighted this.<ref name="SexChange" /> The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in ]. The film was featured at the ] and the ], winning three awards.<ref>{{cite journal|last=Blizek|first=William L.|date=April 2008|title=Report from Sundance 2008: Religion in Independent Film|url=http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm#be|journal=]|volume=12|issue=1|author2=Ruby Ramji|access-date=1 March 2008|archive-url=https://web.archive.org/web/20080210040115/http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm|archive-date=February 10, 2008 <!--DASHBot-->}}</ref> Sarah Farizan's novel '']'' explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female. | |||
One controversial execution was the execution of Makwan Moloudzadeh (sometimes spelled "Mouloudzadeh") on December 6, 2007. He was convicted of lavat-be-onf (sodomy rape) and executed for raping three teenage boys when he was 13, even though all witnesses had retracted their accusations and Moloudzadeh withdrew a confession. He was also aged 13, and ineligibe for a death penalty under Iranian law.<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/middle_east/7130380.stm |title=Iranian hanged after verdict stay |publisher=BBC News |date=December 6, 2007 |accessdate=2007-12-06}}</ref><ref> after the execution of Moloudzadeh.{{dead link|date=August 2015}}</ref> Despite international outcry and a nullification of the death sentence by Iranian Chief Justice Ayatollah Seyed Mahmoud Hashemi Shahrud, Moloudzadeh was hanged without his family or his attorney being informed until after the fact.<ref>{{Dead link|date=October 2010}}</ref><ref>, Frederick Dahl, ] via the '']'', December 6, 2007. Retrieved September 20, 2008.{{dead link|date=August 2015}}</ref> The execution provoked international outcry since it violated two international treaties signed by Iran that outlaw capital punishment for crimes committed by minors, the ] and the ].<ref>, December 7, 2007.{{dead link|date=August 2015}}</ref> | |||
As a result of Khomeini's policies, Iran is now ranked second only to Thailand in performing the most sex reassignment surgeries (Halasa, 2009).<ref name=":0" /> Nevertheless, despite this allowance, homosexuality in Iran remains a crime punishable by death.<ref name=":0" /> | |||
==== Sodomy ==== | |||
Trans men and trans women are treated differently from each other in Iranian society. Trans men are more visible socially and are able to find acceptance in society more easily than trans women, who are often misgendered and put in the same category as gay men.<ref>{{Cite journal |last=Saeidzadeh |first=Zara |date=2020-04-02 |title="Are trans men the manliest of men?" Gender practices, trans masculinity and mardānegī in contemporary Iran |journal=Journal of Gender Studies |language=en |volume=29 |issue=3 |pages=295–309 |doi=10.1080/09589236.2019.1635439 |s2cid=199145725 |issn=0958-9236|doi-access=free }}</ref> | |||
Sodomy (]) is punishable by death. The judge can determine the type of death, but in practice it is always hanging. The proof requirements are the same as for adultery and such sentences are very rare. If one of the consenting participants was under 18, the punishment is 100 lashes for the minor. If the sodomites are repentant, they generally receive a reduced sentence of 99 lashes. All convicted sodomites spend one year in prison in addition, and can be sentenced to more prison time at the judge's discretion. Few consensual sodomites are sentenced to death, but prior to 2012, both partners could receive the death penalty.On March 15, 2005, the daily newspaper Etemaad reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in homosexual acts. Another two men were allegedly hanged publicly in the northern town of ] for sodomy in November 2005.<ref>{{cite web |url=https://www.hrw.org/news/2005/11/21/iran-two-more-executions-homosexual-conduct |title=Iran: Two More Executions for Homosexual Conduct |publisher=] |date=November 21, 2005 |accessdate=September 20, 2008}}</ref> In July 2006 two youths were hanged for "sex crimes" in north-eastern Iran, probably consensual homosexual acts.<ref name=Ind>{{cite news |url=http://www.independent.co.uk/news/world/middle-east/brutal-land-where-homosexuality-is-punishable-by-death-792057.html |title=Brutal land where homosexuality is punishable by death |author=Ann Penketh |newspaper=] |date=March 6, 2008 |accessdate=September 20, 2008}}</ref> On November 16, 2006, the State-run news agency reported the public execution of man convicted of sodomy in the western city of ].<ref>, IGLHRC, July 18, 2007. Retrieved September 20, 2008.{{dead link|date=August 2015}}</ref> | |||
== Blood donation == | |||
===Arrests=== | |||
On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in ], in ] for homosexuality. An on-line petition for their release began to circulate around the internet.<ref>{{cite news |url=http://www.indymedia.be/index.html%3Fq=node%252F25698.html |title=Petition for the Lives of Two Iranian Gay Guys: Hamzeh and Loghman, at Risk of Death Sentence |date=January 28, 2008 |publisher=indymedia.be |accessdate=August 31, 2015}}</ref> They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with ''Moharebeh'' ("waging war against God") and ''Lavat'' (]). | |||
Homosexuals and bisexuals are ] in Iran. The ban also extends to lesbians. {{citation needed|date=February 2022}} | |||
There were two reported crackdowns in ] (also spelled "Isfahan"), Iran's third-largest city. On May 10, 2007, Esfahān police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend.<ref>{{cite news |url=http://www.ukgaynews.org.uk/Archive/07/May/1404.htm |title= More Than Eighty 'Gay' Men Arrested at Birthday Party in Isfahan |newspaper=] |publisher=ukgaynews.org.uk |date=May 14, 2007}}</ref> All but 17 of the men were released; those who remained in custody were believed to have been wearing women's clothing.<ref>, May 17, 2007. Retrieved September 20, 2008.{{dead link|date=August 2015}}</ref> Photos of the beaten men were released by the ]-based ].<ref>, Iranian Queer Organization. Retrieved September 20, 2008.{{failed verification|reason=Home page link, please find story link|date=August 2015}}</ref> According to ], in February 2008 police in Esfhan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexuality.<ref>{{cite web|url=http://www.hrw.org/english/docs/2008/03/28/iran18385.htm |title=Iran: Private Homes Raided for 'Immorality' |publisher=Human Rights Watch |date= March 28, 2008|accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> | |||
== |
== Censorship == | ||
{{See also|Censorship in Iran}} | |||
In Islam, the term ] is used to describe gender-variant people, usually male-to-female transsexuals. Neither this term nor the equivalent for "eunuch" occurs in the ], but the term does appear in the ], the sayings of Muhammad, which have a secondary status to the central text. Moreover, within ], there is a tradition on the elaboration and refinement of extended religious doctrines through scholarship. This doctrine contains a passage by the scholar and hadith collector ]:{{quote|A mukhannath is the one ("male") who carries in his movements, in his appearance and in his language the characteristics of a woman. There are two types; the first is the one in whom these characteristics are innate, he did not put them on by himself, and therein is no guilt, no blame and no shame, as long as he does not perform any (illicit) act or exploit it for money (prostitution etc.). The second type acts like a woman out of immoral purposes and he is the sinner and blameworthy.<ref>{{cite web|url=http://wislam.org/Concepts/Mukhannath |title=Mukhannath |publisher=WIslam |date=2013-04-04 |accessdate=2014-06-29}}</ref>{{Unreliable source?|failed=n|date=June 2012}}}} | |||
In 2002, a book entitled ''Witness Play'' by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable ] writers were homosexuals and bisexuals.<ref>{{cite news |publisher=Iran News |title=Book on homosexuality ordered off shelves}}</ref> | |||
In 2004, the ] loaned a collection of artwork that formerly belonged to ] ] that had been locked away since the ] to the ]. The artwork included explicit homoerotic artwork by ] and the government in Iran stated that upon its return, it would also be put on display in Iran.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article8|title=Gay Iran News & Reports 1997-2004|access-date=2013-11-02|archive-url=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html|archive-date=April 8, 2009|url-status=dead}}</ref> | |||
While Iran has outlawed homosexuality, Iranian ] thinkers such as Ayatollah ] have allowed for transsexuals to change their sex so that they can enter heterosexual relationships. This position has been confirmed by the current ], Ayatollah ], and is also supported by many other Iranian clerics. The state will pay a portion of the cost for a sex-change operation.{{citation needed|date=October 2013}}Some lesbian Iranian women have cross-dressed to avoid ] and ], opposition groups alleging that they do so to obtain "economic opportunities only available to men", despite 60% of professionals in Iran being women, and Iran even having a female vice-president. It is illegal for a woman to dress as a man, or for a barber to cut the hair of a woman short (out of fear that doing so would facilitate cross-dressing). Likewise, men who cross-dress or are deemed too effeminate will also face harassment or criminal charges. ] are granted immunity from these regulations.<ref name="globalgayz.com">{{cite news|url=http://www.globalgayz.com/iran-news07-02.html#article7 |title= |publisher= |date= |accessdate=2013-11-02}}{{dead link|date=November 2013}}</ref> | |||
In 2005, the Iranian ] paper '']'' was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body".<ref name="globalgayz.com">{{cite news|url=http://www.globalgayz.com/iran-news07-02.html#article7|title=Gay Iran News and Reports Jun-Dec 2007|access-date=2013-11-02|archive-url=https://web.archive.org/web/20090314002508/http://www.globalgayz.com/iran-news07-02.html|archive-date=March 14, 2009|url-status=dead}}</ref> The conservative paper '']'' attacked the interview and the paper, "] has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality."<ref name="globalgayz.com" /> To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."<ref name="globalgayz.com" /> | |||
Since the mid-1980s, the Iranian government has legalized the practice of sex change operations (under medical approval) and the modification of pertinent legal documents to reflect the changed gender. The basis for this policy stems from a ] by the leader of Iran's Islamic Revolution, Ayatollah Khomeini, declaring sex changes permissible for "diagnosed" transsexuals.<ref>{{cite news|url=http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html |title=Film – Iran's gay plan |publisher=CBC News |date=August 26, 2008 |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> This religious decree was first issued for ], who has since become the leader of an Iranian transsexual organization. Hojatoleslam Kariminia, a mid-level Islamic cleric in Iran, is another advocate for transsexual rights, having called publicly for greater respect for the human rights of Iranian transsexuals. | |||
== Violence == | |||
Despite the government's policy, transsexualism is still a taboo topic within Iranian society, and no laws exist to protect post-operative transsexuals from discrimination. Some gay and bisexual individuals in Iran are pressured to undergo sex change operation and live as women in order to avoid legal and social persecution. ] 2008 documentary, '']'' addresses this issue. Documentary explores issues of ] and ] while following the personal stories of some of the patients at a ] gender reassignment clinic. The film played at the ] and the ], winning three awards. Although homosexual relationships are illegal (punishable by death) in Iran, ] operations are permitted. In 1983, Khomeini passed a ] allowing sex-change operations as a cure for "diagnosed transsexuals".<ref>{{cite news | |||
| last = Barford | |||
| first = Vanessa | |||
| title = Iran's 'diagnosed transsexuals' | |||
| publisher=BBC | |||
| date = 25 February 2008 | |||
| url = http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm | |||
| accessdate =1 March 2008 | archiveurl= https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm| archivedate= 29 February 2008 <!--DASHBot-->| deadurl= no}}</ref> ''Be Like Others'' shows the experiences of male and female patients at Dr. Bahram Mir-Jalali's Mirdamad Surgical Centre, a sex-reassignment clinic in ].<ref>{{cite journal | |||
| last = Blizek | |||
| first = William L. | |||
|author2=Ruby Ramji | |||
| title = Report from Sundance 2008: Religion in Independent Film | |||
| journal = ] | |||
| volume = 12 | |||
| issue = 1 | |||
| date = April 2008 | |||
| url = http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm#be | |||
| accessdate =1 March 2008 | archiveurl= https://web.archive.org/web/20080210040115/http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm| archivedate= 10 February 2008 <!--DASHBot-->| }}</ref> | |||
==Family and relationships== | |||
] and or ] are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in who, and when, their children marry and even what profession they chose.<ref name="cultureofiran.com">{{Dead link|date=October 2010}}</ref> Few LGBT Iranians ] to family for fear of being rejected, abused or turned over to the authorities. No legislation exists to address discrimination or bias motivated violence on the basis of ] or ]. Officially, the Iranian government believes that everyone is ] and that homosexuality is a violation of the supreme will of God.{{Citation needed|date=February 2012}} | |||
Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals.<ref name="cultureofiran.com"/> In 2004 an independent film was released, directed by ], that examined the changing mores of Iranian youth when it comes to sex and dating.<ref>{{cite web |url=http://www.tiburonfilmfestival.com/filmInfo.php?film_id=4564 |title=The Color of Love (Range Eshgh) |publisher=Tiburon International Film Festival |date=March 26, 2007 |accessdate=October 22, 2010}}</ref> | |||
In May 2021, a 20-year-old Iranian, ], was murdered, allegedly by his half-brother and cousins, days after the military mailed him a document exempting him from military service because of his sexual orientation.<ref name="Tuysuz">{{Cite web|last=Tuysuz|first=Gul|date=15 May 2021|title=A card exempted a gay man from serving in Iran's military. It may have cost him his life|url=https://www.cnn.com/2021/05/15/middleeast/alireza-fazeli-monfared-iran-death-intl/index.html|access-date=2021-05-15|website=CNN}}</ref> | |||
Gay Iranian couples are often afraid to be seen together | |||
<ref>{{cite web|author=Fozoole Mahaleh |url=http://www.fozoolemahaleh.com/2010/12/05/هم-جنس-بازی-دلبستگی-دو-انسان-و-طبیعی-است |title=آیا هم جنس گرایی، یک بیماری است و یا یک نوع علاقه و دلبستگی میان دو انسان؟ |language=fa |trans_title= | |||
Sexism, a disease or a type of interest between two people? |publisher=FozooleMahaleh.com |date= |accessdate=December 5, 2010}}</ref> in public, and report that ] people were widely stereotyped as being sex-obsessed child molesters, rapists, and diseased ridden degenerates.<ref>{{cite web|author=Arsham Parsi |url=http://gayrepublic.org/index.php?name=News&file=article&sid=1787&lead=1 |title=Interview with Iranian Gay Couple |publisher=Gay Republic Daily |date=September 7, 2007 |accessdate=October 22, 2010}}</ref> A popular Iranian derogatory slur against is that of a, "evakhahar", typically a very effeminate gay man who seeks casual sex in public.<ref name="ReferenceA">{{Dead link|date=October 2010}}</ref> | |||
LGBT Iranians have fled Iran in recent years hoping to gain asylum in Europe.<ref>{{Cite web|title=Who Was Ali Fazeli Monfared? Man Allegedly Beheaded by His Family for Being Gay|url=https://www.newsweek.com/man-allegedly-beheaded-family-being-gay-iran-1590822|access-date=2021-05-15|website=Newsweek|date=May 12, 2021}}</ref> | |||
==Censorship== | |||
In 2002 a book entitled ''Witness Play'' by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable ] writers were homosexuals or bisexuals.<ref>{{cite news |publisher=Iran News |title=Book on homosexuality ordered off shelves}}</ref> | |||
== Exiled political parties and groups == | |||
In 2004, the Iranian government loaned its collection of artwork, locked away since revolution for being, "profane" to the Tate Britain gallery for six months. The artwork included explicit homoerotic artwork by ] and the Iranian government stated that upon its return, it would be put on display in Iran.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article8 |title= |publisher= |date= |accessdate=2013-11-02}}{{dead link|date=November 2013}}</ref> | |||
The government in Iran does not allow a political party or organization to endorse LGBT rights. Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations. | |||
The ] has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".<ref>{{cite web|url=http://www.iran-e-sabz.org/program/program.html#equal%20rights |title=Green Party of Iran Platform |publisher=Green Party of Iran |access-date=October 22, 2010}}</ref> | |||
In 2005, the liberal Iranian paper ] was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the ] of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body."<ref name="globalgayz.com"/> The conservative paper ] attacked the interview and the paper, "Shargh has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality."<ref name="globalgayz.com"/> To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."<ref name="globalgayz.com"/> | |||
The ] homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".<ref>{{cite web|url=http://www.wpiran.org/English/english.htm |title=Worker-communist Party of Iran |publisher=Wpiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100224072700/http://www.wpiran.org/English/english.htm |archive-date=February 24, 2010 }}</ref> | |||
==Exiled political parties and groups== | |||
The leftist ], the liberal ], and the center-right ] have all expressed support for the separation of religion and the state, which might promote LGBT rights. | |||
The Iranian government will not allow a political party or organization to endorse LGBT rights. | |||
== LGBT rights movement == | |||
Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations. The ] has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".<ref>{{cite web|url=http://www.iran-e-sabz.org/program/program.html#equal%20rights |title=Green Party of Iran Platform |publisher=Green Party of Iran |date= |accessdate=October 22, 2010}}</ref> | |||
] | |||
In 1972, scholar ] gave a public lecture on homosexuality at ] and in 1976 would research sexual orientation and gender issues at ]. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article1 |title=Gay Iran News & Reports 1997-2004 |access-date=2013-11-02 |url-status=dead |archive-url=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html |archive-date=April 8, 2009}}</ref> | |||
In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by ], a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "]" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran.<ref>{{cite web|url=https://www.youtube.com/watch?v=Mu_tiFZjNQY |archive-url=https://web.archive.org/web/20160317042859/https://www.youtube.com/watch?v=Mu_tiFZjNQY |url-status=dead |archive-date=March 17, 2016 |title=Broadcast Yourself |publisher=YouTube |access-date=October 22, 2010}}<!-- The uploader has not made this video available in your country. (United States.) --></ref> | |||
The ] homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".<ref>{{cite web|url=http://www.wpiran.org/English/english.htm |title=Worker-communist Party of Iran |publisher=Wpiran.org |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> | |||
Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Mafi mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Mafi currently resides in San Francisco, California, which hosts a prominent gay community. | |||
The leftist Rah-e Karegar Party, the liberal ] and the center-right ] have all expressed support for the separation of religion and the state, which might promote LGBT rights. | |||
In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles. | |||
==LGBT rights movement== | |||
During protests against the outcome of the ] in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights.<ref>{{cite news |author=Nell Frizzell |date=June 19, 2009 |url=http://www.pinknews.co.uk/2009/06/19/president-of-iran-admits-gays-do-exist-in-his-country-as-700-strong-crowd-protests-in-london/ |title=President of Iran admits gays do exist in his country as 700-strong crowd protests in London |newspaper=Pink News |access-date=August 31, 2015}}</ref> | |||
In 1972, scholar Saviz Shafaii gave a public lecture on homosexuality at the ] and in 1976 would research sexual orientation and gender issues at ]. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN and continued his work until he died of cancer in 2000.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article1 |title= |publisher= |date= |accessdate=2013-11-02}}{{dead link|date=November 2013}}</ref> | |||
In 2010, a group of LGBT activists inside Iran declared a day to be ]. The day is on the fourth Friday of July and is and celebrated annually in secret.<ref>{{cite news |last1=Morgan |first1=Michaela |title=LGBT+ Iranians are set to celebrate Pride in secret with 'Rainbow Friday' |url=https://www.sbs.com.au/topics/sexuality/agenda/article/2017/07/28/lgbt-iranians-are-set-celebrate-pride-secret-rainbow-friday |work=SBS |date=27 July 2017}}</ref> | |||
In 2001 an online Iranian LGBT rights organization was founded by a well-known Iranian gay activist, ] called "Rainbow", followed by a clandestine organization called the Persian Gay and Lesbian Organization. As of 2008, this group has been renamed the ]. While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran.<ref>{{cite web|url=https://www.youtube.com/watch?v=Mu_tiFZjNQY |title=Broadcast Yourself |publisher=YouTube |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}<!-- The uploader has not made this video available in your country. (United States.) --></ref> | |||
As of 2012, ] develops an online resource for . | |||
In 2006, the career of Iranian-born, openly gay comedian Ali Mafi began. Since then, Ali has become one of the nations youngest and fastest rising gay comedians. In all his shows, Ali mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Ali currently resides in San Francisco, California, which hosts a prominent gay community. | |||
] organized the ''Iran in Amsterdam Pride'' as the ''Iran Boat'' ({{langx|nl|Iraanse Boot}}) in the ] festival in 2017 and 2018. The Iran Boat won the ''Best of Pride Amsterdam 2018'' ({{langx|nl|Publieksprijs}}) award.<ref>{{cite news |title=Prijswinnaars Canal Parade bekend, Iraanse boot wint publieksprijs |url=https://www.at5.nl/artikelen/185109/prijswinnaars-canal-parade-bekend-iraanse-boot-wint-publieksprijs |agency=AT5 |date=5 August 2018 |language=nl |quote=De Iraanse boot heeft de publieksprijs van de Canal Parade gewonnen.}}</ref><ref>{{cite news |last1=Bolwijn |first1=Marjon |title='Iedereen mag zijn wie hij wil zijn' tijdens de Canal Parade |url=https://www.volkskrant.nl/nieuws-achtergrond/-iedereen-mag-zijn-wie-hij-wil-zijn-tijdens-de-canal-parade~b1d00898/ |newspaper=] |date=5 August 2018 |language=nl |quote=Hun (Iraaniers) opvallend ingetogen blauw gekleurde boot won de publieksprijs.}}</ref> | |||
In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles. | |||
The 2015 graphic novel '']'', published by ] in ] and ], explores the relationship between two young Iranian men. The story, produced in collaboration with ], an American-Algerian political cartoonist, and Amir Soltani, a well-known Iranian-American author who is also the creator of the best-selling graphic novel "Behesht-e Zahra," highlights the struggles for acceptance and aims to foster understanding among families.<ref name=":4">{{Cite web |title=رمان مصور یوسف و فرهاد |trans-title=Visual Romance Yusuf and Farhad |url=https://iran.outrightinternational.org/publication/yusefandfarhad/ |url-status=live |archive-url=https://web.archive.org/web/20240303212416/https://iran.outrightinternational.org/publication/yusefandfarhad/ |archive-date=2024-03-03 |website=]}}</ref> | |||
During protests against the outcome of the ] in July 2009, it was reported that several openly gay Iranians joined crowds of straight protesters in the UK and were welcomed with mostly positive attitudes towards LGBT rights.<ref>{{cite news |author=Nell Frizzell |date=June 19, 2009 |url=http://www.pinknews.co.uk/2009/06/19/president-of-iran-admits-gays-do-exist-in-his-country-as-700-strong-crowd-protests-in-london/ |title=President of Iran admits gays do exist in his country as 700-strong crowd protests in London |publisher=Pink News |accessdate=August 31, 2015}}</ref> | |||
==HIV/AIDS== | == HIV/AIDS == | ||
Despite the deeply conservative character of the |
Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of ] have been quite progressive.<ref name="commondreams.org">{{cite web|url=http://www.commondreams.org/headlines06/0414-03.htm |title=Iran's AIDS-prevention Program Among World's Most Progressive |publisher=Commondreams.org |date=April 14, 2006 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090314034821/http://www.commondreams.org/headlines06/0414-03.htm |archive-date=March 14, 2009 }}</ref> The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise.<ref name="commondreams.org" /> | ||
In 1997, |
In 1997, Arash Alaei and his brother, Kamiar, were given permission to open up a small office for ] among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms.<ref name="commondreams.org" /> While there are shortages, medication is given to all Iranian citizens free of charge. | ||
The Alaei brothers were joined in their educational campaign by ], who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it.<ref>{{cite web |url=http://www.unicef.org/iran/hiv_aids_2029.html |title=Celebrity Football Match Launches Global Campaign in Iran |publisher=UNICEF |date=December 5, 2005 |access-date=October 22, 2010 |archive-date=July 9, 2018 |archive-url=https://web.archive.org/web/20180709184925/https://www.unicef.org/iran/hiv_aids_2029.html |url-status=dead }}</ref><ref>{{cite web|url=http://hotzone.yahoo.com/b/hotzone/blogs2212 |title=Kevin Sites in the Hot Zone – Video – Yahoo! News |publisher=Hotzone.yahoo.com |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090112180945/http://hotzone.yahoo.com/b/hotzone/blogs2212 |archive-date=January 12, 2009 }}</ref> | |||
Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms.<ref name="commondreams.org"/> While there are shortages, medication is given to all Iranian citizens free of charge. | |||
In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS.<ref>{{cite web|author=Joe Amon |url=https://www.hrw.org/en/news/2008/07/20/iran-release-detained-hivaids-experts |title=Iran: Release Detained HIV/AIDS Experts |publisher=Human Rights Watch |date=July 20, 2008 |access-date=October 22, 2010}}</ref> The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.<ref>{{cite web |url=http://www.iranfreethedocs.org |title=Freed! |publisher=Physicians for Human Rights}}{{failed verification|reason=Link is to blog home page; the specifics are probably in a blog posting here|date=August 2015}}<!-- please set the title and date when correct entry found --></ref> | |||
The Alaei brothers were joined in their educational campaign by Dr. Minoo Mohraz, who was also an early proponent of greater HIV/AIDS education, who chairs a research center in ]. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it .<ref>{{cite web|url=http://www.unicef.org/iran/hiv_aids_2029.html |title=Celebrity Football Match Launches Global Campaign in Iran |publisher=UNICEF |date=December 5, 2005 |accessdate=October 22, 2010}}</ref> Yet, the election of President ] may signal a more restrictive approach to the pandemic.<ref>{{cite web|url=http://hotzone.yahoo.com/b/hotzone/blogs2212 |title=Kevin Sites in the Hot Zone – Video – Yahoo! News |publisher=Hotzone.yahoo.com |date= |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> | |||
In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher.<ref>{{cite news |agency=Agence France Presse |url=http://www.thebody.com/content/art49072.html |title=Iran Reports 30 Percent Rise in HIV Infection on 2007 |publisher=The Body |date=October 20, 2008 |access-date=October 22, 2010}}</ref> Officially, drug addiction is the most common way that Iranians become infected. | |||
In June 2008 the Alaei brothers were detained, without charge, by the Iranian government, after attending an international conference on HIV/AIDS.<ref>{{cite web|author=Joe Amon |url=http://www.hrw.org/en/news/2008/07/20/iran-release-detained-hivaids-experts |title=Iran: Release Detained HIV/AIDS Experts |publisher=Human Rights Watch |date=July 20, 2008 |accessdate=October 22, 2010}}</ref> The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.<ref>{{cite web |url=http://www.iranfreethedocs.org |title=Freed! |publisher=Physicians for Human Rights}}{{failed verification|reason=Link is to blog home page; the specifics are probably in a blog posting here|date=August 2015}}<!-- please set the title and date when correct entry found --></ref> | |||
While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT people has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs ".<ref>{{cite web|url=http://www.internationalreportingproject.org/stories/detail/574/ |title=Stories – Iran tackles AIDS head-on — International Reporting Project |publisher=International Reporting Project |date=December 31, 2004 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090817225842/http://www.internationalreportingproject.org/stories/detail/574/ |archive-date=August 17, 2009 }}</ref> | |||
As of 2007, the Iranian government says that 18,320 Iranians have been infected with HIV, bringing the official number of deaths to 2,800, although critics claim that the actual number may be much higher.<ref>{{cite news |agency=Agence France Presse |url=http://www.thebody.com/content/art49072.html |title=Iran Reports 30 Percent Rise in HIV Infection on 2007 |publisher=The Body |date=October 20, 2008 |accessdate=October 22, 2010}}</ref> Officially, drug addiction is the most common way that Iranians become infected. | |||
== Asylum cases == | |||
While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way," Khoshnood said. "If you're not acknowledging its existence, you're certainly not going to be developing any programs" for gays.<ref>{{cite web|author=Post a Comment |url=http://www.internationalreportingproject.org/stories/detail/574/ |title=Stories – Iran tackles AIDS head-on — International Reporting Project |publisher=Internationalreportingproject.org |date=December 31, 2004 |accessdate=October 22, 2010}}{{dead link|date=August 2015}}</ref> | |||
The consequences of a same-sex relationship deemed a punishable crime or even death in Iran, results in a toil that forces many LGBT people to seek asylum in countries where the life situation is better. Many LGBT individuals seek refugee status from the UNHCR to be resettled in Australia, Canada, or the United States.<ref>{{Cite book|last=Aḥmadī|first=Kāmīl|url=https://www.worldcat.org/oclc/1289179482|title=The forbidden tale : a comprehensive research on LGBT in Iran|date=2021|publisher=Avaye Buf|others=Marziye Nekookar, Samaneh Maddah, Mohammad Hosseini|isbn=978-87-93926-90-5|oclc=1289179482}}</ref> | |||
Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations. | |||
==Asylum cases== | |||
Some middle class Iranians have received an education in a Western nation; there is a small population of gay Iranian immigrants who live in Western nations. However, most attempts by gay Iranians to seek asylum in a foreign country based on the Iranian government's anti-gay policies have failed, considering its policies are mild compared to US allies such as Saudi Arabia. | |||
In 2001, the ] rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of |
In 2001, the ] rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity.<ref>{{Cite web|url=https://hri.ca/archives/|archive-url=https://web.archive.org/web/20150402163831/http://www.hri.ca/fortherecord2003/documentation/tbodies/cat-c-30-d-190-2001.htm|url-status=dead|title=The Universal Periodic Review|archive-date=April 2, 2015}}</ref> Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful. | ||
In 2005, the ] rejected an asylum plea from another Iranian gay man. That same year, the ] also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in |
In 2005, the ] rejected an asylum plea from another Iranian gay man. That same year, the ] also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regards to Iranians claiming to be victims of the anti-gay policies in Iran. | ||
In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister ] said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.<ref>; October 26, 2006. Retrieved August 13, 2007.{{ |
In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister ] said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.<ref>; October 26, 2006. Retrieved August 13, 2007. {{webarchive |url=https://web.archive.org/web/20081112025806/http://hrw.org/english/docs/2006/10/19/nether14428.htm |date=November 12, 2008 }}</ref> | ||
The |
The United Kingdom came under fire{{When|date=March 2022}} for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of ]<ref>{{cite web |url=http://www.everyonegroup.com/EveryOne/MainPage/Entries/2010/6/18_Refugees._EveryOne_Group__Kiana_Firouz,_has_been_granted_permission_to_remain_in_the_UK.html |title=Refugees. EveryOne Group: Kiana Firouz, has been granted permission to remain in the UK |publisher=Everyonegroup.com |date=June 18, 2010 |access-date=2013-11-02 |archive-date=October 21, 2018 |archive-url=https://web.archive.org/web/20181021112348/http://www.everyonegroup.com/EveryOne/MainPage/Entries/2010/6/18_Refugees._EveryOne_Group__Kiana_Firouz,_has_been_granted_permission_to_remain_in_the_UK.html |url-status=dead }}</ref> and ].<ref>{{cite web|last=Canning |first=Paul |url=http://madikazemi.blogspot.com/2008/04/mehdi-kazemi-on-his-way-back-dutch-we.html |title=Mehdi Kazemi: On his way back : Dutch "We have confidence in a good outcome" |publisher=LGBT Asylum News |date=2008-04-03 |access-date=2013-11-02}}</ref> | ||
==Views of the |
== Views of the government on homosexuality == | ||
Iran's state media have shown hatred toward homosexuals on many occasions. In particular, '']'', a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment".<ref>{{cite web |url=https://www.mashreghnews.ir/amp/144874/ |script-title=fa:آشنایی با ابعاد آشکار و پنهان ترویج همجنس بازی در جهان |trans-title=Understanding the Evident and Hidden Dimensions of the Promotion of Homophilia in the World |work=Mashregh News |access-date=April 6, 2018}}</ref> | |||
The Iranian state media have shown their hatred toward homosexuality on many occasions, and no press or other media outlet in Iran is allowed to support LGBT-rights. For example, the Iranian state media has stated that believes homosexuals are deviant individuals who have, for some reason (psychological, social or physiological) deviated from the balanced and natural human condition and need help and support to stop sinking any further into the 'swamp of immorality'.<ref>"Know more about the obvious and hidden dimensions of promoting homosexuality in the world", Mashregh News, Aug 11, 2012</ref> Iran's PressTV has a plagiarised comment policy that expressly forbids homosexuality <ref>{{dead link|date=August 2015}}; ]; Retrieved on July 15, 2014</ref> | |||
In 2007, |
In October 2007, the then President of Iran ], speaking to ], stated that "In Iran, we don't have homosexuals", though his spokesperson later stated that his comments were misunderstood.<ref>{{cite web |url=https://www.foxnews.com/story/ahmadinejad-says-comments-about-gays-were-misunderstood/ |title=Ahmadinejad Says Comments About Gays Were Misunderstood |publisher=Fox News |date=October 30, 2007 |access-date=August 31, 2015}}</ref> | ||
In a November 2007 meeting with his British counterpart, Iranian member of parliament, Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, "if homosexual activity is in private there is no problem, but those in overt activity should be executed".<ref name="auto"/> | |||
==Summary table== | |||
In a March 2013 interview on the state television, Iran's secretary of ], ] called homosexuality an "illness" while denying the persecution of gay people in Iran. He stated that "Promoting homosexuality is illegal and we have strong laws against it. ... We consider homosexuality an illness that should be cured. We don't consider it acceptable to beat or mistreat homosexuals, either. ... is considered as a norm in the west and they are forcing us to accept it. We are strongly against this."<ref>{{cite news |url=https://www.theguardian.com/world/iran-blog/2013/mar/14/iran-official-homosexuality-illness |title=Iranian human rights official describes homosexuality as an illness |first=Saeed |last=Kamali Dehghan |publication-date=14 March 2013 |access-date=24 February 2021 |work=The Guardian}}</ref> This narrative matches the same ], also amongst the ], and the dominant ], besides Israel, Jordan, and Turkey. | |||
The ], ] at a 2014 conference in Tehran denied the execution of gay people in Iran, stating "That they say we execute homosexuals is not more than a lie. ... We do not provide these people with opportunity, but what they say that we hang them is a lie that they have fabricated for the Islamic Republic."<ref>{{cite news |url=https://www.farsnews.ir/en/news/13930520001541 |title=Judiciary Chief Refutes Claims on Iran Executing Homosexuals as Sheer Lie |work=Fars News Agency |publication-date=11 August 2014 |access-date=24 February 2021}}</ref> | |||
In June 2019, in a press conference held in ] between ] ] and ] ], openly gay German journalist ] of the tabloid '']'' asked Zarif "Why are homosexuals executed in Iran because of their sexual orientation?", to which Zarif seem to affirm that execution of gay people takes place by saying that his "society has principles. And we live according to these principles. These are moral principles concerning the behavior of the people in general, and that means that the law is respected and the law is obeyed."<ref>{{Cite news|url=https://www.jpost.com/Middle-East/Irans-FM-affirms-right-to-execute-gays-and-blasts-US-and-Israel-592055|title=Iran's FM affirms right to execute gays and blasts U.S. and Israel - Middle East|work=The Jerusalem Post}}</ref><ref>{{cite news|url=https://www.foxnews.com/world/javad-zarif-paul-ronzheimer-iran-death-penalty-homosexuals|title=Openly gay reporter presses Iran's top diplomat on death penalty for homosexuals|first=Hollie|last=McKay|date=12 June 2019|website=Fox News}}</ref><ref>{{cite news|url=https://www.dw.com/en/iran-defends-execution-of-gay-people/a-49144899|title=Iran defends execution of gay people|last=Walsh|first=Alistair|date=12 June 2019|website=Deutsche Welle}}</ref> | |||
== Terms == | |||
* Hamjinsbaaz ({{Langx|fa|همجنسباز|lit=|translit=hamjinsbâz}}): This word is a compound word with prefix "ham" (same) and suffix "bâz" (player) added to the word jins (sex), which is translated into English as "same-sex player."<ref name=":2" /> This term is considered more derogatory than medical or social.{{citation needed|date=March 2018}} | |||
* Hamjinsgaraa ({{Langx|fa|همجنسگرا|lit=|translit=hamjinsgaraa}}): This is a different word for homosexuals (gays), with a different suffix garaa (desire) that can be translated to English as same-sex desire (homosexuality), it is used mainly for homosocial.<ref name=":2" /> | |||
* Tarajinsi ({{Langx|fa|تراجنسی|lit=|translit=tarajinsi}}): is a relatively new term that has emerged in contemporary Iranian linguistic culture to refer to transsexual individuals. The prefix "tara" serves as an equivalent for "trans" in English, and when combined with the adjective "jinsi" (meaning "sexual"), it translates to "]." Participants in this study generally understand "tarajinsi" as someone who is willing to undergo sex change surgery. | |||
== Media related to LGBTQ in Iran == | |||
Movies & Films: | |||
* '']'' directed by ].<ref name="BBC">{{cite news|last=Barford|first=Vanessa|date=25 February 2008|title=Iran's 'diagnosed transsexuals'|publisher=BBC|url=http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|url-status=live|archive-url=https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|archive-date=29 February 2008|accessdate=1 March 2008}}</ref> | |||
* '']'' directed by ] | |||
* '']'' directed by Negar Azarbayjani<ref>{{cite news|title=FACING MIRRORS|work=thefilmcollaborative|url=http://www.thefilmcollaborative.org/films/facingmirrors}}</ref> | |||
* ''I don't like her'' directed by ]<ref>{{cite news|title=I Don't Like Her|work=QueerBee Films|url=https://www.queerbee.org/programs/i-dont-like-hermov|access-date=September 27, 2021|archive-date=September 29, 2022|archive-url=https://web.archive.org/web/20220929081016/https://www.queerbee.org/programs/i-dont-like-hermov|url-status=dead}}</ref><ref>{{cite news|title=I DON'T LIKE HER (Iran) – Directed by Javad daraei|work=qfest|url=http://qfestnj.org/categories/short-film/}}</ref> | |||
* '']'' directed by Milad Alami<ref>{{cite news|title=Opponent|work=Ape&Bjørn, Tangy|url=https://www.norden.org/en/nominee/opponent-sweden}}</ref> | |||
* '']'' directed by ].<ref>{{cite web|date=2011-09-24|title=LGBT|url=http://www.southtexasundergroundfilm.com/lgbt/|archive-url=https://archive.today/20120910184018/http://www.southtexasundergroundfilm.com/lgbt/|url-status=dead|archive-date=September 10, 2012|publisher=South Texas Underground Film|accessdate=2012-05-14}}</ref> | |||
Documentaris: | |||
* Iranian, Gay and seeking Asylum (2009), short film.<ref>{{Cite web |date=2011-04-11 |title=Iranian, Gay & Seeking Asylum (2009) - Short Film |url=https://www.traileraddict.com/iranian-gay-seeking-asylum/short-film |access-date=2024-10-03 |website=Trailer Addict |language=en-US}}</ref> | |||
]: | |||
* '']'' (2015)'', a ], ]'' by ] and Amir Soltani.<ref name=":4" /> | |||
== Human rights reports == | |||
===United States Department of State=== | |||
====Country Reports on Human Rights Practices of 2017==== | |||
<blockquote>'''Children'''<br />The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.<ref name="IRAN 2017 HUMAN RIGHTS REPORT" /></blockquote> | |||
<blockquote>'''Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity'''<br />The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity. | |||
Security forces harassed, arrested, and detained individuals they suspected of being gay or transgender. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. Punishment for same-sex sexual activity between men was more severe than between women. | |||
According to international and local media reports, on April 13 at least 30 men suspected of homosexual conduct were arrested by IRGC agents at a private party in Isfahan Province. The agents reportedly fired weapons and used electric Tasers during the raid. According to the Canadian-based nonprofit organization Iranian Railroad for Queer Refugees, those arrested were taken to Dastgerd Prison in Isfahan, where they were led to the prison yard and told they would be executed. The Iranian LGBTI activist group 6Rang noted that, following similar raids, those arrested and similarly charged were subjected to forced “anal” or “sodomy” tests and other degrading treatment and sexual insults. | |||
The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Misplaced Pages pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes. | |||
The law requires all male citizens over age 18 to serve in the military, but exempts gay men and transgender individuals, who are classified as having mental disorders.<ref>{{cite web|url=https://www.nbcnews.com/feature/nbc-out/gay-iranian-man-dead-alleged-honor-killing-rights-group-says-n1266995|title=Gay Iranian man dead in alleged 'honor killing,' rights group says |website=] |date=May 11, 2021 }}</ref> New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified the individuals as gay or transgender and put them at risk of violence and discrimination. | |||
The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.<ref name="IRAN 2017 HUMAN RIGHTS REPORT">{{cite web|url=https://www.state.gov/documents/organization/277485.pdf|archive-url=https://web.archive.org/web/20180420184105/https://www.state.gov/documents/organization/277485.pdf|url-status=dead|archive-date=2018-04-20|title=IRAN 2017 HUMAN RIGHTS REPORT }}</ref></blockquote> | |||
== Summary table == | |||
{| class="wikitable" | {| class="wikitable" | ||
|- | |||
! style="width: 400px;" | Right | |||
! Legal status | |||
! Notes | |||
|- | |- | ||
| Same-sex sexual activity legal | | Same-sex sexual activity legal | ||
| ] |
| ] | ||
| Punishments include imprisonment, ], ], lashings, fines<ref name="Tuysuz"/> | |||
|- | |- | ||
| Equal age of consent | | Equal age of consent | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Anti-discrimination laws in employment only | | Anti-discrimination laws in employment only | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Anti-discrimination laws in the provision of goods and services | | Anti-discrimination laws in the provision of goods and services | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | | Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Same-sex |
| ] | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Recognition of same-sex couples | | ] (e.g. unregistered cohabitation, life partnership) | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| |
| ] by same-sex couples | ||
| ] |
| ] | ||
| | |||
|- | |- | ||
| Joint adoption by same-sex couples | | Joint adoption by same-sex couples | ||
| ] | | ] | ||
| | |||
|- | |- | ||
| |
| LGBT allowed to serve openly in the military | ||
| ] | | ] | ||
| Based on Article 33 of the army's medical exemption regulations, "moral and sexual deviancy, such as transsexuality" is considered to be grounds for a medical exemption from the military service, which is mandatory for eligible male individuals over 18.<ref name="justice">{{cite web |url=https://www.justice.gov/sites/default/files/pages/attachments/2015/12/07/irn104809.e.pdf |title=Iran: Military service, including recruitment age, length of service, reasons for exemption, the possibility of performing a replacement service and the treatment of people who refuse military service by authorities; whether there are sanctions against conscientious objectors |date=March 28, 2014 |work=United States Department of Justice |access-date=April 5, 2018 |archive-date=March 3, 2017 |archive-url=https://web.archive.org/web/20170303040119/https://www.justice.gov/sites/default/files/pages/attachments/2015/12/07/irn104809.e.pdf |url-status=dead }}</ref> According to Human Rights Watch, in order to "prove" their sexual orientation or gender identity, men seeking a military exemption on that basis would be required to undergo "numerous" "humiliating" physical and psychological tests, which may be costly, and they may also encounter administrative barriers, such as "few doctors" to perform such tests and doctors that refuse to perform them without parental accompaniment.<ref name="justice"/> | |||
|- | |- | ||
| Right to change legal gender | | Right to change legal gender | ||
| ] | | ] | ||
| ] required. | |||
|- | |- | ||
| Access to IVF for lesbians | | Access to ] for lesbians | ||
| ] | | ] | ||
| | |||
|- | |- | ||
| ] banned | |||
| Commercial surrogacy for gay male couples | |||
| ] | | ] | ||
| | |||
|- | |||
| Commercial ] for gay male couples | |||
| ] | |||
| | |||
|- | |- | ||
| ] allowed to donate blood | | ] allowed to donate blood | ||
| ] |
| ] | ||
| | |||
|- | |||
| Female sex partners of ] allowed to donate blood | |||
| ] | |||
| | |||
|} | |} | ||
==See also== | == See also == | ||
{{Portal| |
{{Portal|LGBTQ|Iran}} | ||
*] | |||
*], a documentary film about transsexuality in Iran | |||
*] | |||
*] | |||
*] | *] | ||
* ] | |||
*] | |||
*] | * ] | ||
*] | * ] | ||
*] | |||
*] | |||
*'']'', a documentary film about transsexuality in Iran | |||
*] | |||
*] | *] | ||
*] | |||
* ] | |||
== |
== References == | ||
{{Reflist| |
{{Reflist|30em}} | ||
== |
==Further reading== | ||
*{{cite book |last1=Guitoo |first1=Arash |title=Die Geschichte der mann-männlichen Begierde in Iran von der Vormoderne bis heute |date=2020 |publisher=Ergon-Verlag |doi=10.5771/9783956507427 |isbn=978-3-95650-741-0 |s2cid=226752156 |url=https://www.nomos-elibrary.de/10.5771/9783956507427/die-geschichte-der-mann-maennlichen-begierde-in-iran-von-der-vormoderne-bis-heute}} | |||
* {{note|saf}}Safra Project . 2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15. | |||
* | |||
==External links== | == External links == | ||
* {{note|saf}}Safra Project . 2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15. | |||
* | |||
* | |||
* | |||
*{{cite news|url=https://www.huffpost.com/entry/gay-rights-iran_n_1579292|title=LGBT Activists Gather For Rare Show Of Public Pride In Iran (PHOTOS)|date=December 6, 2017|work=HuffPost}} | |||
* | |||
*{{cite encyclopedia |url=http://www.iranicaonline.org/articles/homosexuality |title=Homosexuality |date=April 20, 2012 |encyclopedia=Encyclopædia Iranica}} | |||
* | |||
* | |||
* | |||
* Turkey LGBTI Union | |||
* | |||
*, interpretation of Islamic texts in historical context | |||
{{Iran topics}} | {{Iran topics}} | ||
{{Asia topic|LGBT rights in}} | {{Asia topic|LGBT rights in}}{{Criminalization of homosexuality}} | ||
{{DEFAULTSORT:Iran}} | {{DEFAULTSORT:Iran}} | ||
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Latest revision as of 03:45, 11 January 2025
LGBTQ rights in Iran | |
---|---|
Iran | |
Status | Same-sex relations illegal: Islamic law is applied. |
Penalty | Execution, imprisonment, lashings, fines. |
Gender identity | Sex reassignment surgery, which is required to change legal gender, is legalized and is partially paid for by the government. |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Iran face severe challenges not experienced by non-LGBTQ residents. Sexual activity between members of the same sex is illegal and can be punishable by death, and people can legally change their assigned sex only through sex reassignment surgery. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in Afghanistan.
LGBT rights in Iran have come in conflict with the penal code since the 1930s. In post-revolutionary Iran, any type of sexual activity outside a heterosexual marriage is forbidden. Same-sex sexual activities are punishable by imprisonment, corporal punishment, fines, or execution. Gay men have faced stricter enforcement actions under the law than lesbians.
The Islamic Republic of Iran is considered to be one of the most discriminatory towards homosexuals in the world. It is estimated that hundreds or thousands of people were executed in the immediate aftermath of revolution of whom some 20 were homosexuals. Ruhollah Khomeini called for them to be exterminated in 1979.
Transgender identity is recognized through sex reassignment surgery. Sex reassignment surgeries are partially financially supported by the state. Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution for being gay. Iran carries out more sex reassignment surgeries than any other country in the world, ranking second place after Thailand.
LGBT history in Iran
Main article: LGBTQ history in IranAround 250 BC, during the Parthian Empire, the Zoroastrian text Vendidad was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in sodomy could be killed without permission from a high priest. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran.
There is a significant amount of literature in Persian that contains explicit same-sex illustrations. A few Persian love poems and texts from prominent medieval Persian poet Saadi Shirazi's Bustan and Gulistan have also been interpreted as homoerotic poems.
Under the rule of Mohammad Reza Shah, 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. Janet Afary has argued that the 1979 Revolution was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran. Reza Pahlavi, Crown Prince and the son of Shah Mohammed Reza, argued that LGBT individuals had freedom before the "Mullah Regime" (the 1979 revolution). After the 1979 Revolution, thousands of people were executed in public, including some homosexuals.
- A Safavid Persian miniature from 1627, depicting Abbas I of Iran with a page. Louvre, Paris.
- Two men engaged in anal sex. Watercolour on paper. From Iran. Kinsey Institute, Bloomington, Indiana. Around 1880 - 1926.
- Two men engaged in anal sex. Watercolour on paper.From Iran.Kinsey Institute, Bloomington, Indiana. Around 1880 - 1926.
- A depiction of a youth conversing with suitors from Jami's Haft Awrang, in the story A Father Advises his Son About Love. Smithsonian Institution, Washington, DC.
- Men and youths depicted on a Safavid ceramic panel from Chehel Sotoun, Isfahan. Louvre, Paris.
Legality of same-sex sexual activity
Since the 1979 Revolution, the legal code has been based on Islamic law. Despite allowing sex reassignment surgery, homosexuality in Iran remains a crime punishable by death. In Iran, this framework is occasionally viewed as a means to "correct" individuals who may otherwise express same-sex desires, offering an option to conform to heteronormative standards (Najmabadi, 2011, p. 534). All sexual activities that occur outside a traditional islamic marriage (i.e., sodomy or adultery) are illegal. Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death, though not generally implemented. Rape, whether same-sex or opposite-sex, often results in execution, but is related to adultery and sodomy in Iran's penal code rather than being classified as "sexual assault". The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.
Male same-sex sexual activity
According to Articles 108 to 112, sodomy (lavāt) can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind, and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.
Female same-sex sexual activity
According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (mosāheqe) involving persons who are mature, of sound mind and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 says that both Muslims and non-Muslims are subject to the punishment. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes.
At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape.
The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer Ali Akbar Saidi Sirjani was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.
Adultery
Adultery (zina-e-mohsen) is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012, by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then.
In November 2021, a married Iranian man and his male lover, ages 27 and 33, were given the death penalty for adultery. The married man's wife pleaded for their lives, while her father asked that they be executed. The judge upheld her father's request.
Public morality laws
Under more public morality laws, offenders face additional jail time, whippings, and fines.
Article 637 – Any man and woman who are not married and who commit a crime against public morality, excluding adultery, should be sentenced to flogging (99 lashes). If one of them did not consent to the crime, then only the one who initiated the crime should be punished. Article 638- Anyone who explicitly violates any religious taboo in public beside being punished for the act should also be imprisoned from ten days to two months, or should be flogged (74 lashes). Note- women who appear in public without a proper hijab should be imprisoned from ten days to two months or pay a fine of 50,000 to 500,000 Ryal. Article 639 – The following people should be imprisoned from one to ten years, and in the case of category (a) the property should be confiscated according to decision of the court. a) anyone who manages a property where activities against public morality take place; b) anyone who encourages people to violate public morality; Article 640 – The following people should be imprisoned from three months to one year and pay a fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of these punishments. c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morality; d) anyone who is included in the circulation of the above items;
Capital punishment
Main article: Capital punishment in IranSome human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979. According to The Boroumand Foundation, there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990. According to Amnesty International, a male homosexual was executed in January 1990 under unclear circumstances that is no reason was given. At least five people convicted of homosexual activity, three men and two women were executed in January 1990 as a result of the government policy of demanding executions of those who "practice homosexuality".
In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be executed. He said that if they do it privately then it's okay but if they do it overtly then they are to be executed.
LGBT rights activists Zahra Seddiqi Hamedani and Elham Choubdar were sentenced to death in 2021 by a court in Iran for "promoting homosexuality, promoting Christianity and communicating with media opposed to the Islamic Republic". The sentence was confirmed by Iran's judiciary, but said the charges involved "human trafficking and not activism". On September 5, 2022, Iran's official IRNA news agency reported that the two women had been sentenced to death on charges of "corruption on earth" and human tracking. The European Union condemned the death sentences on September 13, 2022.
Sodomy
See also: Capital punishment for homosexualityFew consenting participants of sodomy (lavāt) are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper Etemad reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts to which they confessed. Another two men were allegedly hanged publicly in the northern town of Gorgan for sodomy in November 2005. In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts. On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of Kermanshah. In January 2022, two gay men allegedly sentenced for "forced sexual intercourse between two men" were executed in the city of Maragheh after spending six years on death row.
Arrests
On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in Sardasht, West Azerbaijan, for homosexual activity. An on-line petition for their release began to circulate around the internet. They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with mohārebe ("waging war against God") and lavāt (sodomy).
There were two reported crackdowns in Isfahan, Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend. All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing. Photos of the beaten men were released by the Toronto-based Iranian Railroad for Queer Refugees. According to Human Rights Watch, in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity.
In April 2017, 30 men were arrested in a raid in Isfahan Province, "charged with sodomy, drinking alcohol and using psychedelic drugs".
Recognition of same-sex relationships
Same-sex marriage and civil unions are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in whom, and when, their children marry and even what profession they chose. Few LGBT Iranians come out to family due to the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of sexual orientation or gender identity.
Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals. In 2004, an independent film was released, directed by Maryam Keshavarz, that examined the changing mores of Iranian youth when it comes to sex and dating.
Gay Iranian couples are often afraid to be seen together in public, and report that LGBTQ people were widely stereotyped as being sex-obsessed child molesters, rapists, and disease-ridden.
Gender identity and expression
Main article: Transgender rights in IranBefore the 1979 Islamic Revolution, the Iranian government did not address the issue of transsexuality. However, in 1964, while in exile under the shah's regime, Ayatollah Ruhollah Khomeini issued a fatwa approving sex reassignment surgeries.
As Article 20 in Clause 14 states, a person who has sex reassignment surgery can legally change their name and gender on the birth certification upon the order of court.
Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whoever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender.
Although legally recognized by the current Supreme Leader in Iran, Grand Ayatollah Ali Khamenei, Grand Ayatollah Yousef Madani Tabrizi addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)". Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful.
In 1976, the Iranian Medical Association ruled that such surgeries were unethical, except for intersex individuals (hermaphrodites).
Since the mid-1980s, the Iranian government has legalized the practice of sex reassignment surgery (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a fatwa allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal. In 1985, Khomeini reaffirmed his earlier fatwa, once again permitting the procedure.
Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.
Iran's medical and legal endorsement of sex reassignment often pushes individuals who express gender nonconformity or same-sex attraction toward sex reassignment, framing it as a way to normalize their gender identity in accordance with societal expectations of heteronormativity (Najmabadi, 2011, p. 534). If a transsexual individual can avoid committing sins or what it refers to as "same-sex playing" (Persian: همجنسباز, romanized: hamjinsbâz), such as engaging in same-sex acts, they are not required to undergo bodily alterations (Najmabadi, 2014, p. 82). Several Maraj’e Taghlid have stressed that sex reassignment is not permissible for individuals who are simply cross-dressers or those who engage in same-sex behavior. Hujatal Islam Kariminia asserts that society is largely unaware of the clear distinction between homosexuality and transsexuality, comparing the gap between the two to the "Great Wall of China" (Najmabadi, 2014, p. 185).
Tanaz Eshaghian's 2008 documentary Be Like Others highlighted this. The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in Tehran. The film was featured at the Sundance Film Festival and the Berlin International Film Festival, winning three awards. Sarah Farizan's novel If You Could Be Mine explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female.
As a result of Khomeini's policies, Iran is now ranked second only to Thailand in performing the most sex reassignment surgeries (Halasa, 2009). Nevertheless, despite this allowance, homosexuality in Iran remains a crime punishable by death.
Trans men and trans women are treated differently from each other in Iranian society. Trans men are more visible socially and are able to find acceptance in society more easily than trans women, who are often misgendered and put in the same category as gay men.
Blood donation
Homosexuals and bisexuals are banned from donating blood in Iran. The ban also extends to lesbians.
Censorship
See also: Censorship in IranIn 2002, a book entitled Witness Play by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable Persian writers were homosexuals and bisexuals.
In 2004, the Tehran Museum of Contemporary Art loaned a collection of artwork that formerly belonged to Shah Mohammed Reza Pahlavi that had been locked away since the Revolution in 1979 to the Tate Britain. The artwork included explicit homoerotic artwork by Francis Bacon and the government in Iran stated that upon its return, it would also be put on display in Iran.
In 2005, the Iranian Reformist paper Shargh was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body". The conservative paper Kayhan attacked the interview and the paper, "Shargh has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality." To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."
Violence
In May 2021, a 20-year-old Iranian, Ali Monfared, was murdered, allegedly by his half-brother and cousins, days after the military mailed him a document exempting him from military service because of his sexual orientation.
LGBT Iranians have fled Iran in recent years hoping to gain asylum in Europe.
Exiled political parties and groups
The government in Iran does not allow a political party or organization to endorse LGBT rights. Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations.
The Green Party of Iran has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".
The Worker Communist Party of Iran homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".
The leftist Worker's Way, the liberal Glorious Frontiers Party, and the center-right Constitutionalist Party of Iran have all expressed support for the separation of religion and the state, which might promote LGBT rights.
LGBT rights movement
In 1972, scholar Saviz Shafaie gave a public lecture on homosexuality at Pahlavi University and in 1976 would research sexual orientation and gender issues at Syracuse University. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000.
In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by Arsham Parsi, a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "Iranian Railroad for Queer Refugees" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran.
Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Mafi mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Mafi currently resides in San Francisco, California, which hosts a prominent gay community.
In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles.
During protests against the outcome of the Iranian election in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights.
In 2010, a group of LGBT activists inside Iran declared a day to be Iran Pride Day. The day is on the fourth Friday of July and is and celebrated annually in secret.
As of 2012, OutRight Action International develops an online resource for LGBTIQ Iranians in Persian.
JoopeA organized the Iran in Amsterdam Pride as the Iran Boat (Dutch: Iraanse Boot) in the Amsterdam Gay Pride festival in 2017 and 2018. The Iran Boat won the Best of Pride Amsterdam 2018 (Dutch: Publieksprijs) award.
The 2015 graphic novel Yousef and Farhad, published by OutRight Action International in English and Persian, explores the relationship between two young Iranian men. The story, produced in collaboration with Khalil Bandib, an American-Algerian political cartoonist, and Amir Soltani, a well-known Iranian-American author who is also the creator of the best-selling graphic novel "Behesht-e Zahra," highlights the struggles for acceptance and aims to foster understanding among families.
HIV/AIDS
Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of HIV/AIDS have been quite progressive. The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise.
In 1997, Arash Alaei and his brother, Kamiar, were given permission to open up a small office for HIV/AIDS research among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms. While there are shortages, medication is given to all Iranian citizens free of charge.
The Alaei brothers were joined in their educational campaign by Minoo Mohraz, who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it.
In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS. The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.
In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher. Officially, drug addiction is the most common way that Iranians become infected.
While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT people has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs ".
Asylum cases
The consequences of a same-sex relationship deemed a punishable crime or even death in Iran, results in a toil that forces many LGBT people to seek asylum in countries where the life situation is better. Many LGBT individuals seek refugee status from the UNHCR to be resettled in Australia, Canada, or the United States.
Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations.
In 2001, the United Nations High Commissioner for Human Rights rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity. Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful.
In 2005, the Japanese government rejected an asylum plea from another Iranian gay man. That same year, the Swedish government also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regards to Iranians claiming to be victims of the anti-gay policies in Iran.
In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister Rita Verdonk said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.
The United Kingdom came under fire for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of Kiana Firouz and Mehdi Kazemi.
Views of the government on homosexuality
Iran's state media have shown hatred toward homosexuals on many occasions. In particular, Mashregh News, a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment".
In October 2007, the then President of Iran Mahmoud Ahmadinejad, speaking to Columbia University, stated that "In Iran, we don't have homosexuals", though his spokesperson later stated that his comments were misunderstood.
In a November 2007 meeting with his British counterpart, Iranian member of parliament, Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, "if homosexual activity is in private there is no problem, but those in overt activity should be executed".
In a March 2013 interview on the state television, Iran's secretary of High Council for Human Rights, Mohammad-Javad Larijani called homosexuality an "illness" while denying the persecution of gay people in Iran. He stated that "Promoting homosexuality is illegal and we have strong laws against it. ... We consider homosexuality an illness that should be cured. We don't consider it acceptable to beat or mistreat homosexuals, either. ... is considered as a norm in the west and they are forcing us to accept it. We are strongly against this." This narrative matches the same anti-gay narrative in Bahrain, also amongst the Iranians of Bahrain, and the dominant narrative in islamic-coded/majority countries, besides Israel, Jordan, and Turkey.
The Chief Justice of Iran, Sadeq Larijani at a 2014 conference in Tehran denied the execution of gay people in Iran, stating "That they say we execute homosexuals is not more than a lie. ... We do not provide these people with opportunity, but what they say that we hang them is a lie that they have fabricated for the Islamic Republic."
In June 2019, in a press conference held in Tehran between Mohammad Javad Zarif Minister of Foreign Affairs and Heiko Maas Minister of Foreign Affairs, openly gay German journalist Paul Ronzheimer of the tabloid Bild asked Zarif "Why are homosexuals executed in Iran because of their sexual orientation?", to which Zarif seem to affirm that execution of gay people takes place by saying that his "society has principles. And we live according to these principles. These are moral principles concerning the behavior of the people in general, and that means that the law is respected and the law is obeyed."
Terms
- Hamjinsbaaz (Persian: همجنسباز, romanized: hamjinsbâz): This word is a compound word with prefix "ham" (same) and suffix "bâz" (player) added to the word jins (sex), which is translated into English as "same-sex player." This term is considered more derogatory than medical or social.
- Hamjinsgaraa (Persian: همجنسگرا, romanized: hamjinsgaraa): This is a different word for homosexuals (gays), with a different suffix garaa (desire) that can be translated to English as same-sex desire (homosexuality), it is used mainly for homosocial.
- Tarajinsi (Persian: تراجنسی, romanized: tarajinsi): is a relatively new term that has emerged in contemporary Iranian linguistic culture to refer to transsexual individuals. The prefix "tara" serves as an equivalent for "trans" in English, and when combined with the adjective "jinsi" (meaning "sexual"), it translates to "transsexual." Participants in this study generally understand "tarajinsi" as someone who is willing to undergo sex change surgery.
Media related to LGBTQ in Iran
Movies & Films:
- Be Like Others directed by Tanaz Eshaghian.
- Circumstance directed by Maryam Keshavarz
- Facing Mirrors directed by Negar Azarbayjani
- I don't like her directed by Javad Daraei
- Opponent directed by Milad Alami
- White Paper directed by Seyed Mohsen Pourmohseni Shakib.
Documentaris:
- Iranian, Gay and seeking Asylum (2009), short film.
- Yousef and Farhad (2015), a gay romance, romance visual novel by Khalil Bendib and Amir Soltani.
Human rights reports
United States Department of State
Country Reports on Human Rights Practices of 2017
Children
The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.Security forces harassed, arrested, and detained individuals they suspected of being gay or transgender. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. Punishment for same-sex sexual activity between men was more severe than between women. According to international and local media reports, on April 13 at least 30 men suspected of homosexual conduct were arrested by IRGC agents at a private party in Isfahan Province. The agents reportedly fired weapons and used electric Tasers during the raid. According to the Canadian-based nonprofit organization Iranian Railroad for Queer Refugees, those arrested were taken to Dastgerd Prison in Isfahan, where they were led to the prison yard and told they would be executed. The Iranian LGBTI activist group 6Rang noted that, following similar raids, those arrested and similarly charged were subjected to forced “anal” or “sodomy” tests and other degrading treatment and sexual insults.
The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Misplaced Pages pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.
The law requires all male citizens over age 18 to serve in the military, but exempts gay men and transgender individuals, who are classified as having mental disorders. New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified the individuals as gay or transgender and put them at risk of violence and discrimination.
The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.
Summary table
Right | Legal status | Notes |
---|---|---|
Same-sex sexual activity legal | Punishments include imprisonment, corporal punishment, execution, lashings, fines | |
Equal age of consent | ||
Anti-discrimination laws in employment only | ||
Anti-discrimination laws in the provision of goods and services | ||
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | ||
Same-sex marriage | ||
Recognition of same-sex couples (e.g. unregistered cohabitation, life partnership) | ||
Stepchild adoption by same-sex couples | ||
Joint adoption by same-sex couples | ||
LGBT allowed to serve openly in the military | Based on Article 33 of the army's medical exemption regulations, "moral and sexual deviancy, such as transsexuality" is considered to be grounds for a medical exemption from the military service, which is mandatory for eligible male individuals over 18. According to Human Rights Watch, in order to "prove" their sexual orientation or gender identity, men seeking a military exemption on that basis would be required to undergo "numerous" "humiliating" physical and psychological tests, which may be costly, and they may also encounter administrative barriers, such as "few doctors" to perform such tests and doctors that refuse to perform them without parental accompaniment. | |
Right to change legal gender | Sex reassignment surgery required. | |
Access to IVF for lesbians | ||
Conversion therapy banned | ||
Commercial surrogacy for gay male couples | ||
MSM allowed to donate blood | ||
Female sex partners of MSMs allowed to donate blood |
See also
- Human rights in Iran
- LGBT rights in the Middle East
- LGBT rights in Asia
- LGBT history in Iran
- Gender Identity Organization of Iran
- Be Like Others, a documentary film about transsexuality in Iran
- Transgender rights in Iran
- Murder of Ali Fazeli Monfared
- Capital punishment for homosexuality
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(...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...)
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Further reading
- Guitoo, Arash (2020). Die Geschichte der mann-männlichen Begierde in Iran von der Vormoderne bis heute. Ergon-Verlag. doi:10.5771/9783956507427. ISBN 978-3-95650-741-0. S2CID 226752156.
External links
- Safra Project Country Information Report Iran. 2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15.
- The Secret World of Iran's Gay and Lesbian community
- "LGBT Activists Gather For Rare Show Of Public Pride In Iran (PHOTOS)". HuffPost. December 6, 2017.
- "Homosexuality". Encyclopædia Iranica. April 20, 2012.
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