Gay middle eastern
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LGBTQI+ rights movements are mobilizing, building alliances, and challenging oppression. Yemen, Libya, and Egypt are notable examples of this. As a result, poets like Abu Nawas, who had long been celebrated for their literary talent, became controversial and had their poetry censored.
A forgotten legacy
The Arab world still has a blind spot about this, according to Samar Habib, aUS-based novelist, and independent researcher.
For example, if a poll asked "Do you support same-sex marriage?" and 56% of people said "yes", the value "56" would be used. Provisions relating to public decency and modesty are also used to repress gender minorities. In Saudi Arabia, no official LGBTQI+ organization is tolerated, and any form of activism in favor of these people’s rights is severely repressed.
While these efforts have led to increased visibility, they have also sparked backlash from conservative groups accusing activists of promoting “Western values.”
The Intersection of Gender and Sexuality
Transgender Rights
The experiences of transgender individuals in the Middle East often differ from those of cisgender homosexual individuals.
Notable incidents include the attacks and intimidation against the association Damj and its coordinator Mira ben Salah in April 2024.
In this difficult context, among the advocacy and protection actions undertaken by the FIDH, the Observatory for the Protection of Human Rights Defenders, created in partnership with the OMCT in 2007, plays a crucial role in alerting and supporting defenders.
One popular exampleis "Habibi, les revolutions de l'amour" (or Habibi, Love Revolution"), an art exhibition at the Paris-based Arab World Institute, that delves into Middle Eastern queer culture, interweaving traditional elements and historical references from Arab and Persian cultures.
However, the history of same-sex romance in the Middle East is complex and nuanced.
How the Middle East originally treated same-sex desires
Historical research shows that kings, commanders, judges, as well as ordinary individuals, displayed relative openness towards non-heterosexual desires.
For instance, Muslim travelers visiting Europe in the mid-19th century found it noteworthy that European men did not court young men.
Expressions of same-sex attraction were met with varying degrees of tolerance and intolerance, el-Rouayheb explains in his 2007 book, "Before Homosexuality."
For example, Islamic scholars distinguished between sexual intercourse between two men and the less physical expression of love for another man. In cases where a law varies throughout a region (for example, a country where same-sex marriage is legal in some states or provinces but not others), the score is averaged among all states or provinces, weighted equally.
Past laws that are no longer in effect do not impact the region's current score.
More recently, in Iraq, following hate campaigns by political figures targeting the LGBTQ+ community, on April 27, the Iraqi Parliament adopted amendments to an anti-prostitution law dating from 1988. They are calling for concerted action by governments and civil society to end systemic discrimination and ensure an egalitarian society for all.
Homosexuality in the Middle East is a deeply complex and multifaceted issue, shaped by the region’s religious, cultural, and legal landscapes. The medieval Arab world viewed sexual attraction in conflicting ways, Khaled el-Rouayheb, an historian at Harvard University, writes. New laws that have not gone into effect yet will not impact the region's score until the day it goes into effect.
Legal Index
(Total Possible Score for each issue × Factor of Status of Issue) / Sum of all Total Possible Scores
| Issue | Total Possible Score | Status | Factor |
|---|---|---|---|
| Homosexual activity | 100 | Legal | ×1.00 |
| Male illegal, female uncertain | ×0.20 | ||
| Male illegal, female legal | ×0.20 | ||
| Illegal (other penalty) | ×0.15 | ||
| Illegal (imprisonment as punishment) | ×0.10 | ||
| Illegal (up to life in prison as punishment) | ×0.05 | ||
| Illegal (death penalty as punishment) | ×0.00 | ||
| Same-sex marriage | 60 | Legal | ×1.00 |
| Civil unions (marriage rights) | ×0.80 | ||
| Civil unions (limited rights) | ×0.70 | ||
| Other type of partnership | ×0.50 | ||
| Foreign same-sex marriages recognized only | ×0.40 | ||
| Unregistered cohabitation | ×0.30 | ||
| Unrecognized | ×0.10 | ||
| Banned | ×0.00 | ||
| Censorship of LGBT issues | 40 | No censorship | ×1.00 |
| State-enforced | ×0.30 | ||
| Fine as punishment | ×0.20 | ||
| Other punishment | ×0.10 | ||
| Imprisonment as punishment | ×0.05 | ||
| Death penalty as punishment | ×0.00 | ||
| Right to change legal gender | 40 | Legal, no restrictions | ×1.00 |
| Legal, but requires medical diagnosis | ×0.70 | ||
| Legal, but requires surgery | ×0.40 | ||
| Illegal | ×0.00 | ||
| Gender-affirming care | 20 | Legal | ×1.00 |
| Legal, but restricted for minors | ×0.70 | ||
| Legal, but banned for minors | ×0.50 | ||
| Restricted | ×0.30 | ||
| Banned | ×0.00 | ||
| Legal recognition of non-binary gender | 30 | Recognized | ×1.00 |
| Intersex only | ×0.70 | ||
| Not legally recognized | ×0.00 | ||
| Hate crime protections | 40 | Sexual orientation and gender identity | ×1.00 |
| Sexual orientation only | ×0.50 | ||
| Protected in some contexts | ×0.30 | ||
| No protections | ×0.00 | ||
| LGBT discrimination | 20 | Illegal | ×1.00 |
| Illegal in some contexts | ×0.50 | ||
| No protections | ×0.00 | ||
| LGBT employment discrimination | 20 | Sexual orientation and gender identity | ×1.00 |
| Gender identity only | ×0.50 | ||
| Sexual orientation only | ×0.50 | ||
| No protections | ×0.00 | ||
| LGBT housing discrimination | 20 | Sexual orientation and gender identity | ×1.00 |
| Sexual orientation only | ×0.50 | ||
| Gender identity only | ×0.50 | ||
| No protections | ×0.00 | ||
| Same-sex adoption | 20 | Legal | ×1.00 |
| Married couples only | ×0.50 | ||
| Second parent adoption only | ×0.40 | ||
| Single only | ×0.20 | ||
| Illegal | ×0.00 | ||
| Intersex infant surgery | 20 | Full ban | ×1.00 |
| Parental approval required | ×0.30 | ||
| Not banned | ×0.00 | ||
| Serving openly in military | 20 | Legal | ×1.00 |
| Lesbians, gays, bisexuals permitted, transgender people banned | ×0.70 | ||
| Don't Ask, Don't Tell | ×0.50 | ||
| Illegal | ×0.00 | ||
| Blood donations by MSMs | 10 | Legal | ×1.00 |
| Legal with restrictions | ×0.80 | ||
| Banned (less than 6-month deferral) | ×0.30 | ||
| Banned (6-month deferral) | ×0.20 | ||
| Banned (1-year deferral) | ×0.15 | ||
| Banned (5-year deferral) | ×0.10 | ||
| Banned (indefinite deferral) | ×0.00 | ||
| Conversion therapy | 10 | Banned | ×1.00 |
| Sexual orientation only | ×0.50 | ||
| Not banned | ×0.00 | ||
| Equal age of consent | 10 | Equal | ×1.00 |
| Female equal, male N/A | ×0.75 | ||
| Female equal, male unequal | ×0.50 | ||
| Unequal | ×0.00 |
Public Opinion Index
The LGBT public opinion index measures the public attitudes towards LGBT people using surveys and polls from reputable organizations.
Its actions include international alerts on harassment cases, legal assistance during trials, investigation and solidarity missions, and mobilization with international organizations.
The first was considered a sin, while the latter was a sign of refined sensibility, the ability to appreciate human beauty.
How homophobia spread
Attitudes towards same-sex attraction radically changed in the contemporary Middle East, with Western colonialism thought to have played an important role. Hamza also writes about a judicial case where a Muslim judge in 16th-century Damascus permitted a transgender woman to marry a man who was in love with her.
Accepting LGBTQ individuals?
Still, historians are cautious about branding the pre-colonial Middle East as LGBTQ-tolerant.
Sexual orientation was not seen as central to an individual's identity in Muslim societies.
In Kuwait, the decency law, which previously had a general framework, now stipulates that anyone "imitating the opposite sex in any way" is liable to one year’s imprisonment or a fine of 1,000 Kuwaiti dinars (US$3,322), or both.
These severe punishments, including the death penalty for consensual sexual acts between same-sex individuals, are often justified by strict interpretations of religion.
This index is scored based on averaging the results of all surveys in a given region. Islamist movements followed suit, criminalizing same-sex relations. But the Arab LGBTQ community is now going through history to build a case against discrimination, she noted. The underreporting of arrests and prosecutions in countries like Morocco and Qatar is often highlighted by LGBTQI+ rights organisations.
Inhumane and degrading treatments are also inflicted on LGBTQI+ individuals.