A kiss will get you thrown in jail. Homosexuality is still a crime in over 60 states. Which ones are?

These are not just formal sections - in some cases the laws directly allow for death sentences, in others they lead to routine arrests, police violence, or the legitimization of stigmas that make life much more difficult for queer people. Many of these laws have persisted unchanged for decades or even hundreds of years, with roots in European colonialism.

"The current criminalisation of LGBTQ+ people is inextricably linked to the colonial past," explains Alistair Stewart of the Human Dignity Trust. "European powers exported their legal systems, including laws punishing homosexuality, around the world during the colonial era - often despite local traditions that were more tolerant of sexuality or gender diversity."

This influence is most evident in the former British colonies. There are now 33 states within the Commonwealth where same-sex sex is illegal - and most of them still use sections derived from British colonial codes. This is also why many experts today speak of the historic debt that countries like the UK should have to LGBTQ+ communities in their former colonies.

However, criminalisation is not just a thing of the past that remains written in old codes. New cases show that the trend can go the other way too. In 2024 , Mali adopted a new penal code that explicitly prohibits consensual same-sex sex. And in 2025, Trinidad and Tobago returned to the list of criminalising countries - the Court of Appeal there reversed an earlier decision and re-criminalised male same-sex relations.

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The opposite direction was taken by countries such as Namibia, where the court struck down the 1927 colonial laws, a move that was followed by similar changes in countries such as Barbados, Mauritius, the Cook Islands and Dominica.

Laws against LGBTQ+ people vary in severity and application across the world. In some countries, such as Brunei or Yemen, there are sections allowing for the death penalty, but they are not actively used. Elsewhere - in Egypt, Ghana or Malaysia, for example - the laws are regularly abused by police for harassment, extortion or arrest. In addition to formal criminalisation, there are also 'morality laws' that allow for persecution without explicit mention of sexuality.

Trans and non-binary people face a double stigma. Many legal systems punish so-called 'cross-dressing' or 'imitating the opposite sex', thereby directly targeting gender expression. These provisions not only violate fundamental human rights, but also create an environment in which safe public speaking is virtually impossible.

While the statistics look bleak, developments in recent years show that change is possible - and often comes through the persistent work of local activists and strategic action supported by international alliances.

It is important to remember that criminalisation is not just a matter of the law, but also a tool that feeds hatred and violence throughout society. Legal paragraphs, even when not actively used, have a strong symbolic impact: they confirm that queer people have no place.

That's why it's important not only to talk about these laws, but also to see the broader historical, cultural and political context. If we want a world where queer existence is possible without fear, we need to look not only forward, but also back - to the roots of the laws that still shape contemporary reality.

Countries where the death penalty for homosexuality

• Afghanistan (possible death penalty)

• Brunei

• Iran

• Mauritania

• Nigeria (under Sharia in the northern states)

• Saudi Arabia

• Somalia

• Uganda (as of 2023, the law allows the death penalty)

• United Arab Emirates (UAE)

• Yemen

Countries where the risk of imprisonment is high (life imprisonment with heavy penalties)

Africa

• Algeria

• Burundi

• Cameroon

• Chad

• Comoros

• Egypt

• Eritrea

• Eswatini

• Ethiopia

• Gambia

• Ghana

• Guinea

• Kenya

• Liberia

• Libya

• Malawi

• Morocco

• Nigeria (some countries)

• Senegal

• Sierra Leone

• South Sudan

• Sudan

• Tanzania

• Togo

• Tunisia

• Uganda

• Zambia

• Zimbabwe

Asia / Middle East

• Bangladesh

• Myanmar

• Kuwait

• Malaysia

• Maldives

• Oman

• Pakistan

• Syria

• Sri Lanka

• Gaza (Palestinian Authority)

• Part of Indonesia (Aceh)

Pacific

• Kiribati

• Papua New Guinea

• Samoa

• Solomon Islands

• Tonga

• Tuvalu

America

• Grenada

• Guyana

• Jamaica

• Saint Lucia

• Saint Vincent and the Grenadines

Middle East / Central Asia

• Turkmenistan

• Uzbekistan