Iraq passes new "morality" law criminalizing homosexuality

Iraq has passed a sweeping anti-LGBT law that criminalises same-sex relationships and could see gay people sentenced to up to 15 years in prison if convicted

The law, which was passed by Iraq’s parliament on Saturday, purports to “protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world”.

Until Saturday, Iraq didn’t explicitly criminalize gay sex, though loosely defined morality clauses in its penal code had been used to target LGBT people, and members of the community have also been killed by armed groups and individuals.

The Law on Combating Prostitution and Homosexuality, described as a bid to uphold the Islamic nation’s religious values, stated same-sex relations are now banned in Iraq and punishable by a prison sentence of at least 10 years, up to a maximum of 15.

Any individual who “promotes” homosexuality or prostitution would face at least seven years in prison, the law said. An earlier version of the bill imposed the death penalty for same-sex acts but the clause was removed in an amendment amid strong opposition from the US and European nations.

The law also imposes a prison sentence between one to three years for anyone who changes their “biological gender” or dresses in an effeminate manner.

The bill saw staunch support from conservative Shiite Muslim parties helming the largest coalition in Iraq’s parliament but met with widespread condemnation from international community and human rights groups.

A statement from the US State Department said: “This amendment threatens those most at risk in Iraqi society. It can be used to hamper free-speech and expression and inhibit the operations of NGOs across Iraq.”

"The Iraqi parliament’s passage of the anti-LGBT law rubber-stamps Iraq’s appalling record of rights violations against LGBT people and is a serious blow to fundamental human rights," said Rasha Younes, deputy director of the LGBT rights programme at Human Rights Watch.

Iraq was until now among the few Islamic nations which did not explicitly criminalise gay sex, but loosely defined morality clauses in its penal code have still been used to target LGBT people.

Major Iraqi parties have in the past year stepped up criticism of LGBT rights, with rainbow flags frequently being burned in protests by both ruling and opposition conservative Shiite Muslim factions last year.

Several members of the community have also been killed by armed groups and individuals.

More than 60 countries criminalise gay sex, while same-sex sexual acts are legal in more than 130 countries, according to Our World in Data.

Source: independent.co.uk, Arpan Rai, April 28, 2024

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