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LGBTQ rights in Vatican City: Difference between revisions

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Summary table: Italy is responsible for Legal gender change & Joint & Step child adoption by LGBTs. Vatican don't issue birth or adoption certificate not even citizenship to children.
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{{Use dmy dates|date=April 2020}}{{Infobox LGBT rights
{{Use dmy dates|date=April 2020}}{{Infobox LGBT rights
| location_header = Vatican City
| location_header = Vatican City
| image = Location Vatican City Europe.png
| image = Location of the Vatican City in Europe.svg
| caption = {{Map caption|location_color=green|country=Vatican City|region=Europe|region_color=dark grey}}
| caption = {{Map caption|location_color=green|country=Vatican City}}
| legal_status = Legal since 1890, as part of [[LGBT rights in Italy|Italy]]
| legal_status = Legal since 1890, as part of [[LGBT rights in Italy|Italy]]
| gender_identity_expression = No
| gender_identity_expression = No
| recognition_of_relationships = Limited ceremonial rights<ref name="PinkNews"/>
| recognition_of_relationships = No legal recognition
| adoption = No
| adoption = No
| military = [[List of countries without armed forces|No army]]
| military = [[List of countries without armed forces|No army]]
| discrimination_protections = None
| discrimination_protections = None
}}
}}
The legal code regarding '''LGBT rights in Vatican City''' is based on the Italian [[Zanardelli Code]] of 1889 (effective 1890), since the founding of the [[sovereign state]] of the [[Vatican City]] in 1929. LGBT people may experience legal difficulties within the nation.
The legal code regarding lesbian, gay, bisexual, and transgender (LGBT) rights in Vatican City is based on the Italian [[Zanardelli Code]] of 1889, since the founding of the [[sovereign state]] of [[Vatican City]] in 1929.


Although [[Pope Francis]] (incumbent Sovereign of Vatican City) has expressed support for same-sex civil unions, Vatican City does not currently recognize them.<ref>{{Cite web |date=2021-09-16 |title=Same-sex civil unions 'good and helpful to many', says Pope Francis |url=https://www.euronews.com/2021/09/16/same-sex-civil-unions-good-and-helpful-to-many-says-pope-francis |access-date=2023-01-02 |website=euronews |language=en}}</ref><ref>{{Cite web |title=Francis becomes 1st pope to endorse same-sex civil unions |url=https://apnews.com/article/pope-endorse-same-sex-civil-unions-eb3509b30ebac35e91aa7cbda2013de2 |access-date=2023-01-02 |website=AP NEWS |language=en}}</ref>
Although [[Pope Francis]], the incumbent Sovereign of Vatican City, has expressed support for same-sex civil unions outside of the [[Catholic Church]], he remains firm that the Sacrament of Marriage is between a man and a woman as instituted by God.<ref>{{Cite web |date=2021-09-16 |title=Same-sex civil unions 'good and helpful to many', says Pope Francis |url=https://www.euronews.com/2021/09/16/same-sex-civil-unions-good-and-helpful-to-many-says-pope-francis |access-date=2023-01-02 |website=euronews |language=en}}</ref><ref>{{Cite web |title=Francis becomes 1st pope to endorse same-sex civil unions |url=https://apnews.com/article/pope-endorse-same-sex-civil-unions-eb3509b30ebac35e91aa7cbda2013de2 |access-date=2023-01-02 |website=AP NEWS |language=en}}</ref>


==Criminal law==
==Criminal law==
Since 1890, the territory of what is now Vatican City has had no criminal laws against non-commercial, private, adult and consensual [[Same-sex sexual activities|same-sex sexual activity]]. The age of consent is currently set at 18 years for all persons, regardless of gender.<ref>{{Cite web|url=https://www.vaticanstate.va/phocadownload/leggi-decreti/normativa-penale/Legge%20n.%20VIII%20-%20Norme%20complementari%20in%20materia%20penale.pdf|title=Legge N. VIII: Norme complementari in materia penale, 11 July 2013 (see Article 8(4) and Article 4(a) - for sex within marriage see Article 8(5))|access-date=2017-03-15}}</ref> In the case of sexual relations within marriage – only in the cases of marriages recognized as valid by the [[Catholic Church]] and by the laws of Vatican City – the legal age is set at 14 years old.<ref>{{Cite web|url=https://www.vaticanstate.va/phocadownload/leggi-decreti/normativa-penale/Legge%20n.%20VIII%20-%20Norme%20complementari%20in%20materia%20penale.pdf|title=Legge N. VIII: Norme complementari in materia penale, 11 July 2013 (see Article 8(4) and Article 4(a) - for sex within marriage see Article 8(5))|access-date=2024-02-03}}</ref>
[[File:2704 - Milan - Protesting death penalty for LGBT people - Photo Giovanni Dall'Orto 10-Dec-2008.jpg|thumb|302x302px|A 2008 protest against the Vatican and the laws against [[gay]] people that were in force in the [[Catholic Church]].]]


Foreign diplomats, in order to be accredited, must not be part of a [[LGBT parenting|same-sex family]],<ref>{{Cite web |last= |first= |date=2008-10-02 |title=Vatican blocks appointment of gay diplomat |url=https://www.pinknews.co.uk/2008/10/02/vatican-blocks-appointment-of-gay-diplomat/ |access-date=2022-08-01 |website=PinkNews }}</ref> and must not be [[divorce]]d.<ref>{{Cite news |last= |date=2008-09-28 |title=Vatican accepts Juan Pablo Cafiero as Argentine Ambassador |url=https://en.wikinews.org/wiki/Vatican_accepts_Juan_Pablo_Cafiero_as_Argentine_Ambassador |newspaper=Wikinews}}</ref> In 2008, Jean-Loup Kuhn-Delforge, who is an [[coming out|openly]]-[[gay]] diplomat, and who is in a [[Civil solidarity pact|civil pact]] with his partner, was rejected by [[Catholic Church|Roman Catholic]] officials to be the [[List of French ambassadors to the Holy See|French ambassador to the Holy See]]. In 2015, [[Laurent Stefanini]], an openly-gay practising Catholic diplomat was rejected by Roman Catholic officials to be the French ambassador to the Holy See, despite being single. He was backed by [[President of France|President]] [[Francois Hollande]] and was supported by France's top [[Curia]] [[Cardinal (Catholic Church)|cardinal]], [[Jean-Louis Tauran]], who was the [[Camerlengo of the Holy Roman Church]], and Cardinal [[André Vingt-Trois]], [[Roman Catholic Archdiocese of Paris|Archbishop of Paris]]. France kept their ambassador position vacant from March 2015 to May 2016 in protest, before nominating another diplomat in May 2016.<ref>{{Cite web |last=Heneghan |first=Tom |date=2015-04-16 |title=Hollande stands by his Vatican ambassador |url=https://www.thetablet.co.uk/news/4439/hollande-stands-by-his-vatican-ambassador |website=The Tablet}}</ref><ref>{{Cite web |last=Heneghan |first=Tom |date=2016-05-16 |title=France ends 15-month stand-off by naming new ambassador to Vatican |url=https://www.thetablet.co.uk/news/5562/france-ends-15-month-stand-off-by-naming-new-ambassador-to-vatican |website=The Tablet}}</ref>
Since 1890, Vatican city has had no criminal laws against non-commercial, private, adult and consensual [[Same-sex sexual activities|same-sex sexual activity]]. The age of consent is set at 18 years for all persons, regardless of gender.<ref>{{Cite web|url=https://www.vaticanstate.va/phocadownload/leggi-decreti/normativa-penale/Legge%20n.%20VIII%20-%20Norme%20complementari%20in%20materia%20penale.pdf|title=Legge N. VIII: Norme complementari in materia penale, 11 July 2013 (see Article 8(4) and Article 4(a) - for sex within marriage see Article 8(5))|access-date=2017-03-15}}</ref>


In November 2024, it was reported by various news and media outlets that an “underground network of gay priests was running within Vatican City”.<ref>[https://qnews.com.au/vatican-gay-scandals-reignite-under-social-media-spotlight/]</ref>
Foreign diplomats, in order to be accredited, must not be part of a [[LGBT parenting|same-sex family]],<ref>{{Cite web |last= |first= |date=2008-10-02 |title=Vatican blocks appointment of gay diplomat |url=https://www.pinknews.co.uk/2008/10/02/vatican-blocks-appointment-of-gay-diplomat/ |access-date=2022-08-01 |website=PinkNews }}</ref> and must not be [[divorce]]d.<ref>{{Cite news |last= |date=2008-09-28 |title=Vatican accepts Juan Pablo Cafiero as Argentine Ambassador |url=https://en.wikinews.org/wiki/Vatican_accepts_Juan_Pablo_Cafiero_as_Argentine_Ambassador |newspaper=Wikinews}}</ref> In 2008, Jean-Loup Kuhn-Delforge, who is an [[coming out|openly]] [[gay]] diplomat, and who is in a [[Civil solidarity pact|civil pact]] with his partner, was rejected by [[Catholic Church|Roman Catholic]] officials to be the [[List of French ambassadors to the Holy See|French ambassador to the Holy See]]. In 2015, [[Laurent Stefanini]], an openly gay practising Catholic diplomat was rejected by Roman Catholic officials to be the French ambassador to the Holy See, despite being single. He was backed by [[President of France|President]] [[Francois Hollande]] and was supported by France's top [[Curia]] [[Cardinal (Catholic Church)|cardinal]], [[Jean-Louis Tauran]], who was the [[Camerlengo of the Holy Roman Church]], and Cardinal [[André Vingt-Trois]], [[Roman Catholic Archdiocese of Paris|Archbishop of Paris]]. France kept their ambassador position vacant from March 2015 to May 2016 in protest, before nominating another diplomat in May 2016.<ref>{{Cite web |last=Heneghan |first=Tom |date=2015-04-16 |title=Hollande stands by his Vatican ambassador |url=https://www.thetablet.co.uk/news/4439/hollande-stands-by-his-vatican-ambassador |website=The Tablet}}</ref><ref>{{Cite web |last=Heneghan |first=Tom |date=2016-05-16 |title=France ends 15-month stand-off by naming new ambassador to Vatican |url=https://www.thetablet.co.uk/news/5562/france-ends-15-month-stand-off-by-naming-new-ambassador-to-vatican |website=The Tablet}}</ref>


==Civil rights==
==Civil rights==
[[Vatican City State]] does not have any [[civil rights]] provisions that include [[sexual orientation]] or [[gender identity]].
[[Vatican City State]] does not have any [[civil rights]] provisions that include [[sexual orientation]] or [[gender identity]].

On 13 January 1998, a member of [[Arcigay]], [[Alfredo Ormando]], set himself on fire in [[St. Peter's Square]] in protest of Catholic doctrine around [[homosexuality]]. As a result of the severe burns suffered, he died a few days later in hospital.<ref>{{Cite news |date=2013-12-19 |title=Man sets himself on fire in Vatican's St Peter's square |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-europe-25453307 |access-date=2022-08-01}}</ref><ref>{{Cite web |last=Andriote |first=John-Manuel |date=2013-03-15 |title='Alfredo's Fire' Sure to Spark Discussion About Religion, Homosexuality and the Deadliness of Intolerance |url=https://www.huffpost.com/entry/alfredos-fire-sure-to-spa_b_2879533 |access-date=2022-08-01 |website=HuffPost |language=en}}</ref>


==Recognition of same-sex relationships==
==Recognition of same-sex relationships==


[[Vatican City]] has always expressed disagreement with any civil recognition of same-sex unions, [[same-sex marriage]], and against the granting of [[LGBT adoption|adoption rights to same-sex couples]].<ref>{{Cite web |title=Considérations à propos des projets de reconnaissance juridique des unions entre personnes homosexuelles |url=https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homosexual-unions_fr.html |access-date=2022-08-01 |website=www.vatican.va}}</ref>
[[Vatican City]] has always expressed disagreement with any civil recognition of same-sex unions, [[same-sex marriage]], and against the granting of [[LGBT adoption|adoption rights to same-sex couples]].<ref>{{Cite web |title=Considérations à propos des projets de reconnaissance juridique des unions entre personnes homosexuelles |url=https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homosexual-unions_fr.html |access-date=2022-08-01 |website=www.vatican.va}}</ref>

In March 2021, the [[Dicastery for the Doctrine of the Faith|Congregation for the Doctrine of the Faith]] issued a ruling saying it was "not licit" for Catholic priests to [[Blessing|bless]] same-sex marriages.<ref>{{Cite web |last=Elbaum |first=Rachel |title=Vatican says Catholic Church can't bless same-sex unions |url=https://www.nbcnews.com/news/world/vatican-says-catholic-church-can-t-bless-same-sex-unions-n1261076 |access-date=2022-08-01 |website=NBC News |language=en}}</ref><ref>{{Cite web |last=Winfield |first=Nicole |date=2021-03-15 |title=Vatican bars gay union blessing, says God 'can't bless sin' |url=https://apnews.com/article/vatican-decree-same-sex-unions-cannot-bless-sin-077944750c975313ad253328e4cf7443 |access-date=2022-08-01 |website=AP NEWS |language=en}}</ref>

In September 2021, Pope Francis expressed some support for same-sex civil unions, saying that "same-sex civil unions are good and helpful to many".<ref>{{Cite news |last=Horowitz |first=Jason |date=2020-10-21 |title=In Shift for Church, Pope Francis Voices Support for Same-Sex Civil Unions |language=en-US |work=The New York Times |url=https://www.nytimes.com/2020/10/21/world/europe/pope-francis-same-sex-civil-unions.html |access-date=2023-01-02 |issn=0362-4331}}</ref><ref>{{Cite web |date=2021-09-15 |title=Pope: No same sex marriage, but uphold other rights |url=https://apnews.com/article/europe-business-religion-pope-francis-marriage-a1db9c2a85852ef310c10ffc1c6f6531 |access-date=2023-01-02 |website=AP NEWS |language=en}}</ref><ref>{{Cite web |date=2021-09-16 |title=Same-sex civil unions 'good and helpful to many', says Pope Francis |url=https://www.euronews.com/2021/09/16/same-sex-civil-unions-good-and-helpful-to-many-says-pope-francis |access-date=2023-01-02 |website=euronews |language=en}}</ref>

In December 2023, Vatican announced that they will allow blessings for same-sex couples, but only under certain circumstances.<ref name="PinkNews">{{cite web |last1=Perry |first1=Sophie |title=Same-sex couples can be blessed, Vatican says – but there’s a catch |url=https://www.thepinknews.com/2023/12/18/pope-francis-same-sex-couples-catholic-church-lgbtq/ |website=PinkNews |access-date=18 December 2023}}</ref>


==Discrimination protections==
==Discrimination protections==
[[File:Krzysztof Charamsa.jpg|thumb|[[Krzysztof Charamsa]], a homosexual theologian]]
The [[Vatican City|Vatican]] reserves the right to remove, suspend and dismiss immediately any official and employee who publicly admits to being [[gay]] or questions the general policy of the Vatican towards homosexuals.<ref>[http://www.ewtn.com/library/CURIA/CDFHOMOL.HTM Texte de la lettre] sur le site d'Eternal World Television, Global Catholic Network (en anglais).</ref><ref>{{Cite web |date=2011-09-17 |title=Stupeur au Vatican: un théologien fait son coming out... il est viré - Têtu |url=http://www.tetu.com/actualites/international/stupeur-au-vatican-un-theologien-fait-son-coming-out-il-est-vire-17657 |archive-url=https://web.archive.org/web/20110917003655/http://www.tetu.com/actualites/international/stupeur-au-vatican-un-theologien-fait-son-coming-out-il-est-vire-17657 |archive-date=2011-09-17 |access-date=2022-08-01 }}</ref>
The [[Vatican City|Vatican]] reserves the right to remove, suspend and dismiss immediately any official and employee who publicly admits to being [[gay]] or questions the general policy of the Vatican towards homosexuals.<ref>[http://www.ewtn.com/library/CURIA/CDFHOMOL.HTM Texte de la lettre] sur le site d'Eternal World Television, Global Catholic Network (en anglais).</ref><ref>{{Cite web |date=2011-09-17 |title=Stupeur au Vatican: un théologien fait son coming out... il est viré - Têtu |url=http://www.tetu.com/actualites/international/stupeur-au-vatican-un-theologien-fait-son-coming-out-il-est-vire-17657 |archive-url=https://web.archive.org/web/20110917003655/http://www.tetu.com/actualites/international/stupeur-au-vatican-un-theologien-fait-son-coming-out-il-est-vire-17657 |archive-date=2011-09-17 |access-date=2022-08-01 }}</ref>


== Protests ==
On its website, the Vatican states that homosexuals should be treated with respect, and all unjust discriminations against them must be avoided.<ref>{{Cite web |title=Considérations à propos des projets de reconnaissance juridique des unions entre personnes homosexuelles |url=https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homosexual-unions_fr.html |access-date=2023-01-02 |website=www.vatican.va}}</ref>
[[File:2704 - Milan - Protesting death penalty for LGBT people - Photo Giovanni Dall'Orto 10-Dec-2008.jpg|thumb|302x302px|Activists protest in December 2008 in [[Milan]] the announcement by the Vatican's permanent observer to the [[United Nations]] that the Vatican will vote against a UN resolution calling for the decriminalization of homosexuality.<ref>{{Cite web |date=2008-12-02 |title=Vatican attacked for opposing gay decriminalisation |url=https://www.reuters.com/article/idUSTRE4B13N0/ |access-date=2024-02-03 |website=Reuters |language=en}}</ref><ref>{{Cite web |date=2008-12-02 |title=Opposition, gay groups slam Vatican on French United Nations. proposal |url=https://www.italymagazine.com/node/8215 |access-date=2024-02-03 |website=Italy Magazine |language=en}}</ref>]]


Pope Francis, the head of Vatican City stated that parents should never condemn their gay children but offer them support instead. He also said that "gays have a right to be accepted by their families as children and siblings".<ref>{{Cite news |last=Pullella |first=Philip |date=2022-01-26 |title=Support your children if they are gay, pope tells parents |language=en |work=Reuters |url=https://www.reuters.com/world/support-your-children-if-they-are-gay-pope-tells-parents-2022-01-26/ |access-date=2023-01-02}}</ref><ref>{{Cite web |agency=Reuters |title=Pope Francis urges parents to 'never condemn' their gay children |url=https://www.ctvnews.ca/world/pope-francis-urges-parents-to-never-condemn-their-gay-children-1.5754892 |access-date=2023-01-02 |website=ctvnews |language=en}}</ref>
On 13 January 1998, the LGBT activist of [[Arcigay]] [[Alfredo Ormando]] set himself on fire on [[St. Peter's Square]] (which is under the jurisdiction of the Vatican City) in protest against the attitude of deep-rooted refusal that has always been expressed by the Catholic religion towards homosexuality. As a result of the severe burns suffered, he died a few days later in a hospital.<ref>{{Cite news |date=2013-12-19 |title=Man sets himself on fire in Vatican's St Peter's square |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-europe-25453307 |access-date=2022-08-01}}</ref><ref>{{Cite web |last=Andriote |first=John-Manuel |date=2013-03-15 |title='Alfredo's Fire' Sure to Spark Discussion About Religion, Homosexuality and the Deadliness of Intolerance |url=https://www.huffpost.com/entry/alfredos-fire-sure-to-spa_b_2879533 |access-date=2022-08-01 |website=HuffPost |language=en}}</ref>


== Influence ==
===Krzysztof Charamsa===
In October 2015, the [[Coming out|coming-out]] of theologian Father [[Krzysztof Charamsa]] ended with his suspension from his priestly duties, teaching positions and posts in the [[Roman Curia]]. On the eve of the second session of the [[Fourteenth Ordinary General Assembly of the Synod of Bishops|Bishop's Synod on the Family]], Charamsa was quoted as saying in the ''[[Corriere della Sera|Corriere Della Sera]]'', "I want the Church and my community to know who I am: a gay priest who is happy, and proud of his identity. I'm prepared to pay the consequences, but it's time the Church opened its eyes, and realised that offering gay believers total abstinence from a life of love is inhuman."<ref>{{Cite web |last=Tebano |first=Elena |date=2015-10-03 |title=Vatican Theologian Confesses: 'I'm Happy to Be Gay and I Have a Partner' |url=http://www.corriere.it/cronache/15_ottobre_03/vatican-theologian-confesses-m-happy-to-be-gay-and-have-partner-53aef384-69b2-11e5-b67f-8dc132718e33.shtml |access-date=2020-12-20 |website=Corriere della Sera |language=it}}</ref>

== On gender theory, identity and expression ==
According to the [[Catechism]] of the Catholic Church:

{{quote|Man and woman have been created, which is to say, willed by God: on the one hand, in perfect equality as human persons; on the other, in their respective beings as man and woman. "Being man" or "being woman" is a reality which is good and willed by God: man and woman possess an inalienable dignity which comes to them immediately from God their Creator. Man and woman are both with one and the same dignity "in the image of God". In their "being-man" and "being-woman", they reflect the Creator's wisdom and goodness.<ref name="Catechism of the Catholic Church, Part One, Section Two, Chapter One, Article One, Paragraph Six, #396">{{Cite web |title=Catechism of the Catholic Church - PART 1 SECTION 2 CHAPTER 1 ARTICLE 1 PARAGRAPH 6 |url=http://www.scborromeo.org/ccc/p1s2c1p6.htm#III |access-date=2022-08-01 |website=www.scborromeo.org}}</ref>
}}

The Vatican has stated that doctors should not use the terms [[intersex]] and [[transgender]] to refer to patients and other individuals, stating that it would make [[masculinity]] and [[femininity]] "ambiguous".<ref>{{Cite web |last=Ennis |first=Dawn |title=It's The First Sunday Since The Vatican Rejected Transgender People |url=https://www.forbes.com/sites/dawnstaceyennis/2019/06/16/its-the-first-sunday-since-the-vatican-rejected-transgender-people/ |access-date=2022-08-01 |website=Forbes |language=en}}</ref>

In January 2015, Pope Francis called [[gender studies]] "ideological [[colonization]]" while visiting the [[Philippines]].<ref>{{Cite web |last=McElwee |first=Joshua J. |date=2015-01-19 |title=Francis lambasts international aid, suggests Catholics should limit children |url=https://www.ncronline.org/news/francis-lambasts-international-aid-suggests-catholics-should-limit-children |access-date=2022-08-01 |website=National Catholic Reporter |language=en}}</ref>

In an interview for a book (''Pope Francis: The Economy Kills'', originally in [[Italian language|Italian]]) published in 2015, [[Pope Francis]] compared gender studies to "genetic manipulation" and "nuclear weapons".<ref>{{Cite web |last=McElwee |first=Joshua J. |date=2015-02-13 |title=Francis strongly criticizes gender theory, comparing it to nuclear arms |url=https://www.ncronline.org/news/vatican/francis-strongly-criticizes-gender-theory-comparing-it-nuclear-arms |access-date=2022-08-01 |website=National Catholic Reporter |language=en}}</ref><ref>{{Cite web |last=Lopez |first=German |date=2015-02-20 |title=Pope Francis compared the arguments for transgender rights to nuclear weapons |url=https://www.vox.com/2015/2/20/8078979/pope-francis-trans-rights |access-date=2022-08-01 |website=Vox |language=en}}</ref>

In the 2016 document "''[[Amoris Laetitia]]''", written by Pope Francis after a [[Fourteenth Ordinary General Assembly of the Synod of Bishops|Synod]] involving Catholic [[bishop]]s from around the world, he wrote that: "It needs to be emphasized that 'biological sex and the socio-cultural role of sex (gender) can be distinguished but not separated'."<ref>[[Pope Francis]], [https://www.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf "Post-Synodal Apostolic Exhortation: ''Amoris Laetita'',"] paragraph 56.</ref>

There are no provisions in the Catechism that prohibit [[Gender transitioning|gender transition]].<ref>{{Cite web |title=Stances of Faiths on LGBTQ Issues: Roman Catholic Church |url=https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-roman-catholic-church |access-date=2022-08-01 |website=Human Rights Campaign |language=en-US}}</ref> However, in June 2019 the Vatican condemned gender studies as a "confused concept of freedom".<ref>{{Cite news |last=Pullella |first=Philip |date=2019-06-10 |title=Vatican condemns gender theory as bid to destroy nature |language=en |work=Reuters |url=https://www.reuters.com/article/us-vatican-gender-idUSKCN1TB20E |access-date=2022-08-01}}</ref> In a 2019 document issued by the [[Congregation for Catholic Education]], the Vatican warned Catholic educators that ideas of [[gender fluidity]] threatened "traditional families" and ignored "[[Complementarianism|natural differences]]" between [[Man|men]] and [[Woman|women]].<ref>{{Cite news |last1=Horowitz |first1=Jason |last2=Povoledo |first2=Elisabetta |date=2019-06-10 |title=Vatican Rejects Notion That Gender Identity Can Be Fluid |language=en-US |work=The New York Times |url=https://www.nytimes.com/2019/06/10/world/europe/vatican-francis-gender-identity-sexuality.html |access-date=2022-08-01 |issn=0362-4331}}</ref>

==HIV/AIDS==
{{Main|Catholic Church and HIV/AIDS}}

Internationally, the Vatican government has been a leading opponent of the use of [[condom]]s as part of any campaign to stop the spread of the [[Epidemiology of HIV/AIDS|HIV/AIDS pandemic]].<ref>{{Cite web |last=Thavis |first=John |date=2009-03-18 |title=CNS STORY: Pope's condom comments latest chapter in sensitive church discussion |url=http://www.catholicnews.com/data/stories/cns/0901232.htm |access-date=2022-08-01 |website=webarchive.loc.gov |archive-date=14 April 2009 |archive-url=http://webarchive.loc.gov/all/20090414225902/http://www.catholicnews.com/data/stories/cns/0901232.htm |url-status=dead }}</ref><ref>{{Cite web |last=Bradshaw |first=Steve |date=2003-10-09 |title=Vatican: condoms don't stop Aids |url=http://www.theguardian.com/world/2003/oct/09/aids |access-date=2022-08-01 |website=The Guardian |language=en}}</ref>

== Influence on LGBT laws abroad ==
In 2021, the Vatican foreign minister, [[Paul Gallagher (bishop)|Archbishop Paul Richard Gallagher]], delivered a letter to the Italian ambassador to the Holy See, expressing "concerns" over a bill in the [[Italian Parliament]] meant to legally protect LGBT Italians against [[Violence against LGBT people|violence]] and [[Heterosexism|discrimination]]. The letter claimed the section of the bill prohibiting incitement of hatred on the basis of sexual orientation and gender identity constituted a violation of freedom of speech and of religion, and asked for the draft law's text to be reformulated.<ref>{{Cite news |last=Horowitz |first=Jason |date=2021-06-22 |title=Vatican Expresses Deep Reservations Over Gay Rights Bill in Italy |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/06/22/world/europe/vatican-italy-gay-rights.html |access-date=2022-08-01 |issn=0362-4331}}</ref><ref>Chico Harlan and Stefano Pitrelli, [https://www.washingtonpost.com/world/europe/vatican-gay-lgbt-hate-crime/2021/06/22/8dbb405a-d36a-11eb-b39f-05a2d776b1f4_story.html "Italy is debating an LGBT anti-hate law. The Vatican just took a rare step to protest it,"] ''The Washington Post'', 22 June 2021.</ref><ref>{{Cite web |last=Allen |first=John L. |date=22 June 2021 |title=Vatican invokes sovereign status to protest anti-homophobia bill |url=https://cruxnow.com/vatican/2021/06/vatican-invokes-sovereign-status-to-protest-anti-homophobia-bill |access-date=2022-08-01 |website=cruxnow.com}}</ref>
In 2021, the Vatican foreign minister, [[Paul Gallagher (bishop)|Archbishop Paul Richard Gallagher]], delivered a letter to the Italian ambassador to the Holy See, expressing "concerns" over a bill in the [[Italian Parliament]] meant to legally protect LGBT Italians against [[Violence against LGBT people|violence]] and [[Heterosexism|discrimination]]. The letter claimed the section of the bill prohibiting incitement of hatred on the basis of sexual orientation and gender identity constituted a violation of freedom of speech and of religion, and asked for the draft law's text to be reformulated.<ref>{{Cite news |last=Horowitz |first=Jason |date=2021-06-22 |title=Vatican Expresses Deep Reservations Over Gay Rights Bill in Italy |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/06/22/world/europe/vatican-italy-gay-rights.html |access-date=2022-08-01 |issn=0362-4331}}</ref><ref>Chico Harlan and Stefano Pitrelli, [https://www.washingtonpost.com/world/europe/vatican-gay-lgbt-hate-crime/2021/06/22/8dbb405a-d36a-11eb-b39f-05a2d776b1f4_story.html "Italy is debating an LGBT anti-hate law. The Vatican just took a rare step to protest it,"] ''The Washington Post'', 22 June 2021.</ref><ref>{{Cite web |last=Allen |first=John L. |date=22 June 2021 |title=Vatican invokes sovereign status to protest anti-homophobia bill |url=https://cruxnow.com/vatican/2021/06/vatican-invokes-sovereign-status-to-protest-anti-homophobia-bill |access-date=2022-08-01 |website=cruxnow.com}}</ref>


Line 82: Line 50:
|-
|-
| Anti-discrimination laws in employment only
| Anti-discrimination laws in employment only
|[[File:X mark.svg|15px|No]] (The [[Holy See]] reserves the right to remove, suspend and dismiss immediately any employee declaring themselves homosexual or against the position of the Catholic Church on homosexuality)
|[[File:X mark.svg|15px|No]] (The [[Holy See]] reserves the right to remove, suspend and dismiss immediately any employee declaring themselves homosexual or against the position of the Catholic Church on homosexuality or transsexuality)
|-
|-
| Anti-discrimination laws in the provision of goods and services
| Anti-discrimination laws in the provision of goods and services
Line 92: Line 60:
| Same-sex marriage
| Same-sex marriage
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|-
| Recognition of same-sex couples
| [[File:Yes check.svg|15px|Yes]] (Since 2023, limited ceremonial rights)<ref name="PinkNews">{{cite web |last1=Perry |first1=Sophie |title=Same-sex couples can be blessed, Vatican says – but there’s a catch |url=https://www.thepinknews.com/2023/12/18/pope-francis-same-sex-couples-catholic-church-lgbtq/ |website=PinkNews |access-date=18 December 2023}}</ref>
|-
| Recognition of [[LGBT parenting]]
| [[File:Yes check.svg|15px|Yes]] (Since 2023)<ref name="CNN">{{cite web |last1=Nadeau |first1=Barbie |title=Vatican rules some transgender people and babies of same-sex couples can be baptized|url=https://edition.cnn.com/2023/11/09/europe/vatican-transgender-baptism-intl-scli/index.html/ |website=CNN |access-date=9 November 2023}}</ref>
|-
|-
| Gays, lesbians and bisexuals allowed to serve openly in the Gendarmerie Corps and the Pontifical Swiss Guard
| Gays, lesbians and bisexuals allowed to serve openly in the Gendarmerie Corps and the Pontifical Swiss Guard
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|-
|-
| Access to IVF for lesbians
| Recognition of transgender identity
| [[File:X mark.svg|15px|No]]
| [[File:Yes check.svg|15px|Yes]] (Since 2023)<ref name="CNN">{{cite web |last1=Nadeau |first1=Barbie |title=Vatican rules some transgender people and babies of same-sex couples can be baptized|url=https://edition.cnn.com/2023/11/09/europe/vatican-transgender-baptism-intl-scli/index.html/ |website=CNN |access-date=9 November 2023}}</ref>
|-

| Commercial surrogacy for gay male couples
| [[Image:X mark.svg|15px|No]]
|-
| Allowed to donate blood
| [[File:Yes check.svg|15px|Yes]] There is no official policy to ban blood donation for LGBT individuals; however, there are no hospitals in the Vatican to donate blood at.<ref>{{Cite web |title=10 Vatican City Facts You Didn’t Know |url=https://www.thevaticantickets.com/vatican-city-facts/ |access-date=2023-12-26 |website=www.thevaticantickets.com}}</ref>
|}
|}


==See also==
==See also==
{{Portal|LGBT|Vatican City}}
{{Portal|LGBTQ|Vatican City}}
*''[[Amoris laetitia|Amoris Laetita]]''
*''[[Amoris laetitia]]''
*[[LGBT rights in Europe]]
*[[LGBTQ rights in Europe]]
*[[Catholic Church and homosexuality]]
*[[Catholic Church and homosexuality]]
*[[Index of Vatican City-related articles]]
*[[Index of Vatican City-related articles]]
Line 123: Line 90:
* [https://www.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf "''Amoris Laetita''"]
* [https://www.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf "''Amoris Laetita''"]
{{Vatican City topics}}
{{Vatican City topics}}
{{LGBT rights in Europe}}
{{LGBTQ rights in Europe}}


{{DEFAULTSORT:Lgbt Rights in Vatican City}}
{{DEFAULTSORT:Lgbt Rights in Vatican City}}
[[Category:LGBT rights in Europe by country|Vatican City]]
[[Category:LGBTQ rights by country]]
[[Category:LGBTQ rights in Europe]]
[[Category:Human rights in Vatican City]]
[[Category:Human rights in Vatican City]]

Latest revision as of 12:50, 10 December 2024

LGBTQ rights in Vatican City
Location of Vatican City (green)
StatusLegal since 1890, as part of Italy
Gender identityNo
MilitaryNo army
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo legal recognition
AdoptionNo

The legal code regarding lesbian, gay, bisexual, and transgender (LGBT) rights in Vatican City is based on the Italian Zanardelli Code of 1889, since the founding of the sovereign state of Vatican City in 1929.

Although Pope Francis, the incumbent Sovereign of Vatican City, has expressed support for same-sex civil unions outside of the Catholic Church, he remains firm that the Sacrament of Marriage is between a man and a woman as instituted by God.[1][2]

Criminal law

[edit]

Since 1890, the territory of what is now Vatican City has had no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity. The age of consent is currently set at 18 years for all persons, regardless of gender.[3] In the case of sexual relations within marriage – only in the cases of marriages recognized as valid by the Catholic Church and by the laws of Vatican City – the legal age is set at 14 years old.[4]

Foreign diplomats, in order to be accredited, must not be part of a same-sex family,[5] and must not be divorced.[6] In 2008, Jean-Loup Kuhn-Delforge, who is an openly-gay diplomat, and who is in a civil pact with his partner, was rejected by Roman Catholic officials to be the French ambassador to the Holy See. In 2015, Laurent Stefanini, an openly-gay practising Catholic diplomat was rejected by Roman Catholic officials to be the French ambassador to the Holy See, despite being single. He was backed by President Francois Hollande and was supported by France's top Curia cardinal, Jean-Louis Tauran, who was the Camerlengo of the Holy Roman Church, and Cardinal André Vingt-Trois, Archbishop of Paris. France kept their ambassador position vacant from March 2015 to May 2016 in protest, before nominating another diplomat in May 2016.[7][8]

In November 2024, it was reported by various news and media outlets that an “underground network of gay priests was running within Vatican City”.[9]

Civil rights

[edit]

Vatican City State does not have any civil rights provisions that include sexual orientation or gender identity.

Recognition of same-sex relationships

[edit]

Vatican City has always expressed disagreement with any civil recognition of same-sex unions, same-sex marriage, and against the granting of adoption rights to same-sex couples.[10]

Discrimination protections

[edit]

The Vatican reserves the right to remove, suspend and dismiss immediately any official and employee who publicly admits to being gay or questions the general policy of the Vatican towards homosexuals.[11][12]

Protests

[edit]
Activists protest in December 2008 in Milan the announcement by the Vatican's permanent observer to the United Nations that the Vatican will vote against a UN resolution calling for the decriminalization of homosexuality.[13][14]

On 13 January 1998, the LGBT activist of Arcigay Alfredo Ormando set himself on fire on St. Peter's Square (which is under the jurisdiction of the Vatican City) in protest against the attitude of deep-rooted refusal that has always been expressed by the Catholic religion towards homosexuality. As a result of the severe burns suffered, he died a few days later in a hospital.[15][16]

Influence

[edit]

In 2021, the Vatican foreign minister, Archbishop Paul Richard Gallagher, delivered a letter to the Italian ambassador to the Holy See, expressing "concerns" over a bill in the Italian Parliament meant to legally protect LGBT Italians against violence and discrimination. The letter claimed the section of the bill prohibiting incitement of hatred on the basis of sexual orientation and gender identity constituted a violation of freedom of speech and of religion, and asked for the draft law's text to be reformulated.[17][18][19]

Summary table

[edit]
Same-sex sexual activity legal Yes (Since 1890)
Equal age of consent (18) Yes (Since 1890)
Anti-discrimination laws in employment only No (The Holy See reserves the right to remove, suspend and dismiss immediately any employee declaring themselves homosexual or against the position of the Catholic Church on homosexuality or transsexuality)
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage No
Gays, lesbians and bisexuals allowed to serve openly in the Gendarmerie Corps and the Pontifical Swiss Guard No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
Allowed to donate blood Yes There is no official policy to ban blood donation for LGBT individuals; however, there are no hospitals in the Vatican to donate blood at.[20]

See also

[edit]

References

[edit]
  1. ^ "Same-sex civil unions 'good and helpful to many', says Pope Francis". euronews. 16 September 2021. Retrieved 2 January 2023.
  2. ^ "Francis becomes 1st pope to endorse same-sex civil unions". AP NEWS. Retrieved 2 January 2023.
  3. ^ "Legge N. VIII: Norme complementari in materia penale, 11 July 2013 (see Article 8(4) and Article 4(a) - for sex within marriage see Article 8(5))" (PDF). Retrieved 15 March 2017.
  4. ^ "Legge N. VIII: Norme complementari in materia penale, 11 July 2013 (see Article 8(4) and Article 4(a) - for sex within marriage see Article 8(5))" (PDF). Retrieved 3 February 2024.
  5. ^ "Vatican blocks appointment of gay diplomat". PinkNews. 2 October 2008. Retrieved 1 August 2022.
  6. ^ "Vatican accepts Juan Pablo Cafiero as Argentine Ambassador". Wikinews. 28 September 2008.
  7. ^ Heneghan, Tom (16 April 2015). "Hollande stands by his Vatican ambassador". The Tablet.
  8. ^ Heneghan, Tom (16 May 2016). "France ends 15-month stand-off by naming new ambassador to Vatican". The Tablet.
  9. ^ [1]
  10. ^ "Considérations à propos des projets de reconnaissance juridique des unions entre personnes homosexuelles". www.vatican.va. Retrieved 1 August 2022.
  11. ^ Texte de la lettre sur le site d'Eternal World Television, Global Catholic Network (en anglais).
  12. ^ "Stupeur au Vatican: un théologien fait son coming out... il est viré - Têtu". 17 September 2011. Archived from the original on 17 September 2011. Retrieved 1 August 2022.
  13. ^ "Vatican attacked for opposing gay decriminalisation". Reuters. 2 December 2008. Retrieved 3 February 2024.
  14. ^ "Opposition, gay groups slam Vatican on French United Nations. proposal". Italy Magazine. 2 December 2008. Retrieved 3 February 2024.
  15. ^ "Man sets himself on fire in Vatican's St Peter's square". BBC News. 19 December 2013. Retrieved 1 August 2022.
  16. ^ Andriote, John-Manuel (15 March 2013). "'Alfredo's Fire' Sure to Spark Discussion About Religion, Homosexuality and the Deadliness of Intolerance". HuffPost. Retrieved 1 August 2022.
  17. ^ Horowitz, Jason (22 June 2021). "Vatican Expresses Deep Reservations Over Gay Rights Bill in Italy". The New York Times. ISSN 0362-4331. Retrieved 1 August 2022.
  18. ^ Chico Harlan and Stefano Pitrelli, "Italy is debating an LGBT anti-hate law. The Vatican just took a rare step to protest it," The Washington Post, 22 June 2021.
  19. ^ Allen, John L. (22 June 2021). "Vatican invokes sovereign status to protest anti-homophobia bill". cruxnow.com. Retrieved 1 August 2022.
  20. ^ "10 Vatican City Facts You Didn't Know". www.thevaticantickets.com. Retrieved 26 December 2023.
[edit]