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Lesbian, gay, bisexual, transgender (LGBT) persons in Yemen face legal challenges not experienced by non-
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is ...
residents. Same-sex adultery is punishable by death, though that has not been enforced. LGBT persons additionally face stigmatization among the broader population.


Legality of same-sex sexual acts


Republic of Yemen


Constitutional law

The Constitution of Republic of Yemen, amended in 2001, does not explicitly address
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 33 ...
. It does guarantee certain
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
to all citizens, with the condition that all legislation must be compatible with principles of
Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ma ...
Shariah Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
law.


Penal Code

Punishment for
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to ...
in Yemen can originate from the codified
penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
, or from people seeking to enforce traditional
Islamic morality In Islam, morality in the sense of "practical guidelines" or "specific norms or codes of behavior" for good doing (as opposed to ethical theory), Campo, ''Encyclopedia of Islam'', "Ethics and morality" 2009: p.214 are primarily based on the Qura ...
. Article 264 of the national penal code prohibits private consensual homosexual acts between adult men. The stipulated punishment in the law for unmarried men is 100 lashes and up to a year in prison. The law stipulates that married men convicted of homosexuality are to be put to death. Article 268 of the national penal code prohibits private consensual homosexual acts between adult women. The law stipulates that premeditated acts of
lesbianism A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
are punished with up to three years in prison. In addition to the penal code, punishment for homosexuality can originate from people seeking to enforce traditional Islamic morality within their own family or for the broader society. In vigilante cases such as this, the punishment for homosexuality is oftentimes death.


Yemeni Civil War (2014–present)


al-Qaeda in the Arabian Peninsula

In 2013 there were credible reports of members of the
al-Qaeda in the Arabian Peninsula Al-Qaeda in the Arabian Peninsula ( ar-at, تنظيم القاعدة في جزيرة العرب, Tanẓīm al-Qā‘idah fī Jazīrat al-‘Arab, lit=Organization of the Base in the Arabian Peninsula or , ''Tanẓīm Qā‘idat al-Jihād fī Jaz� ...
were killing men for allegedly being gay.


Islamic State


Media censorship

The government blocks access to webpages that express support of LGBT rights. This policy of censorship also extends to publications and magazines in Yemen. In 2012, the magazine ''Al Thaqafiya'' was shut down by the government for publishing a review of the Egyptian film titled, ''Heena Maysara'' (translates to "Till things get better"). The reviewer, a Yemeni filmmaker named Hamid Aqbi, expressed some support for LGBT rights while discussing the film. In 2004, the ''Yemem Times'', an English-language magazine, was allowed to publish an opinion piece opposing legal recognition of gay marriage. In 2003, the ''Week'', an Arabic-language magazine, published an article that included interviews with Yemeni men imprisoned for homosexuality. The three journalists involved with the article were convicted by the government.Aljazeera, 18 May 2004


Summary table


See also

*
Human rights in Yemen Human rights in Yemen are seen as problematic. The security forces have been responsible for torture, inhumane treatment and even extrajudicial executions. In recent years there has been some improvement, with the government signing several intern ...
*
LGBT in the Middle East Lesbian, gay, bisexual, and transgender (LGBT) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up t ...
* Death penalty for homosexuality


References

{{Criminalization of homosexuality Yeman Human rights in Yemen
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and s ...
Law of Yemen
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and s ...
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and s ...