# LGBTQ rights in Yemen

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Yemen face social and legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is punishable by death; this law is applied to both men and women. Members of the LGBTQ community additionally face stigmatization and homophobic violence among the broader population.
A provincial court in Yemen sentenced several people to death for engaging in homosexual acts in 2024. In Yemen, homosexuality is criminalized under Article 264 of the Penal Code, with punishments ranging from 100 lashes to up to 7 years in prison for men and up to 3 years for women, while Sharia law imposes the death penalty by stoning for married men and severe penalties for others. The Yemeni Constitution, rooted in Sharia law, ensures that LGBTQ rights are entirely unrecognized, including the absence of protections against discrimination or recognition of same-sex unions. Under leaders such as former President Ali Abdullah Saleh and subsequent administrations, these laws have remained strictly enforced. Public advocacy for LGBTQ rights is prohibited, with individuals risking imprisonment, corporal punishment, or death for any related activities, reflecting the country's deeply conservative and oppressive stance on LGBTQ issues.

## Legality of same-sex sexual acts
### Republic of Yemen
#### Constitutional law

The Constitution of Republic of Yemen, amended in 2001, does not explicitly address LGBTQ rights. It does guarantee certain human rights to all citizens, with the condition that all legislation must be compatible with principles of Islamic Shariah law.

#### Penal Code

Homosexuality was made illegal in British-controlled Aden in 1937 via the Indian Penal Code and in 1955 via the Penal Code of the Persian Gulf. The independent People's Democratic Republic of Yemen's 1976 penal code did not have any laws against homosexuality.$^{:146}$
Punishment for homosexuality in present-day Yemen can originate from the 1994 penal code or from people seeking to enforce traditional Islamic morality.
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 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 were killing men for allegedly being gay.

#### Islamic State
## Media censorship

The government blocks access to webpages that express support of LGBTQ 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 LGBTQ 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.

## Summary table

* Same-sex sexual activity legal
* 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 marriages
* Recognition of same-sex couples
* Stepchild adoption by same-sex couples
* Joint adoption by same-sex couples
* LGBT people allowed to serve openly in the military
* Right to change legal gender
* Access to IVF for lesbians
* Commercial surrogacy for gay male couples
* MSMs allowed to donate blood