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Changed several instances of LGBT to LGB since trans people don't face similar legal persecution as gay and lesbian Iranians. Also promotion of LGB rights is illegal so therefore no citation is needed for saying the media isn't allowed to promote it.
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| image = Iran (orthographic projection).svg
| image = Iran (orthographic projection).svg
| caption = [[Iran]]
| caption = [[Iran]]
| legal_status = Illegal: [[Sharia|Islamic law]] is applied.
| legal_status = Same-sex relations illegal: [[Sharia|Islamic law]] is applied.
| penalty = [[Capital punishment in Iran|Execution]], imprisonment, lashings, fines.<ref name="Tuysuz">{{Cite web|last=Tuysuz|first=Gul|date=15 May 2021|title=A card exempted a gay man from serving in Iran's military. It may have cost him his life|url=https://www.cnn.com/2021/05/15/middleeast/alireza-fazeli-monfared-iran-death-intl/index.html|access-date=2021-05-15|website=CNN}}</ref>
| penalty = Imprisonment, lashing, execution ([[#Legal status|see below]])
| gender_identity_expression = [[Sex reassignment surgery]], which is required to change legal gender, is legalized and is partially paid for by the government.
| gender_identity_expression = [[Sex reassignment surgery]], which is required to change legal gender, is legalized and is partially paid for by the government.
| recognition_of_relationships =
| recognition_of_relationships = No recognition of same-sex unions
| adoption =
| adoption = No
| military =
| military = No
| discrimination_protections = None
| discrimination_protections = None
}}
}}
{{LGBT rights}}
'''Lesbian, gay, bisexual, and transgender''' ('''[[LGBT]]''') persons in [[Iran]] face legal challenges not experienced by non-LGBT residents. While people can legally change their assigned gender, sexual activity between members of the same sex is illegal.


[[Lesbian]], [[gay]], [[bisexual]], and [[transgender]] ([[LGBTQ]]) people in [[Iran]] face severe challenges not experienced by non-[[LGBTQ]] residents. Sexual activity between members of the same sex is illegal and can be [[Capital punishment in Iran|punishable by death]],<ref name=":0" /><ref name=":1" /><ref name="Ind" /> and people can legally change their assigned sex only through [[sex reassignment surgery]]. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in [[Afghanistan]].
[[LGBT rights by country or territory|LGBT rights]] in Iran have come in conflict with the [[penal code]] since the 1930s.<ref>{{cite news |url=http://transcripts.cnn.com/TRANSCRIPTS/0809/23/lkl.01.html |title=Interview with Iranian President Mahmoud Ahmadinejad |work=Larry King Live |publisher=CNN |date=2008-09-23 |accessdate=2014-06-29}}</ref> In [[Iranian Revolution|post-revolutionary Iran]], any type of sexual activity outside a [[heterosexual]] marriage is forbidden. Same-sex sexual activities are punishable by imprisonment,<ref name=Ind /> [[corporal punishment]], or [[Capital punishment|execution]]. Gay men have faced stricter enforcement actions under the law than lesbians. [[Transgender]] identity is recognized through a [[sex reassignment surgery]]. Sex reassignment surgeries are partially financially supported by the state. Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.<ref name=SexChange>{{cite news|title=Iran's gay plan|url=http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html||publisher=''[[Canadian Broadcasting Corporation]]''|date=August 26, 2008|accessdate=March 23, 2018|archivedate=April 16, 2009|archiveurl=https://web.archive.org/web/20090416140030/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html}}</ref> Iran carries out more sex reassignment surgery operations than any other country in the world after [[Thailand]].

[[LGBT rights by country or territory|LGBT rights]] in Iran have come in conflict with the [[penal code]] since the 1930s.<ref>{{cite news |url=http://transcripts.cnn.com/TRANSCRIPTS/0809/23/lkl.01.html |title=Interview with Iranian President Mahmoud Ahmadinejad |work=Larry King Live |publisher=CNN |date=2008-09-23 |access-date=2014-06-29}}</ref> In [[Iranian Revolution|post-revolutionary Iran]], any type of sexual activity outside a [[heterosexual]] marriage is forbidden. Same-sex sexual activities are punishable by imprisonment,<ref name=Ind /> [[corporal punishment]], fines, or [[Capital punishment in Iran|execution]].<ref name=":0" /><ref name=":1">{{cite web |title=Iran: Islamic Penal Code |url=https://www.refworld.org/docid/518a19404.html |access-date=7 January 2021 |quote=Article 234: 'The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.' Article 236: 'If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty'}}</ref><ref name="Ind" /> Gay men have faced stricter enforcement actions under the law than lesbians.

The [[Government of the Islamic Republic of Iran|Islamic Republic of Iran]] is considered to be one of the most [[Homophobia|discriminatory towards homosexuals]] in the world.<ref>{{cite news |last1=Banning-Lover |first1=Rachel |title=Where are the most difficult places in the world to be gay or transgender? |url=https://www.theguardian.com/global-development-professionals-network/2017/mar/01/where-are-the-most-difficult-places-in-the-world-to-be-gay-or-transgender-lgbt |access-date=7 January 2021 |work=The Guardian |date=1 March 2017}}</ref><ref>{{cite news |last1=Weinthal |first1=Benjamin |title=Iran is the most dangerous country for gay travelers - report |url=https://www.jpost.com/middle-east/irans-regime-most-dangerous-country-for-gay-travelers-report-643340 |access-date=7 January 2021 |agency=The Jerusalem Post |date=24 September 2020}}</ref><ref>{{cite web |title='We Are a Buried Generation' Discrimination and Violence against Sexual Minorities in Iran |date=December 15, 2010 |url=https://www.hrw.org/report/2010/12/15/we-are-buried-generation/discrimination-and-violence-against-sexual-minorities |publisher=Human Rights Watch |access-date=7 January 2021}}</ref> It is estimated that hundreds or thousands<ref>{{cite web |title=Denied Identity: Human Rights Abuses Against Iran's LGBT Community |url=https://outrightinternational.org/sites/default/files/Denied-Identity.pdf |publisher=Iran Human Rights Documentation Center |access-date=7 January 2021 |date=November 2013 |archive-date=November 13, 2020 |archive-url=https://web.archive.org/web/20201113210906/https://outrightinternational.org/sites/default/files/Denied-Identity.pdf |url-status=dead }}</ref><ref>{{cite news |last1=Encarnacion |first1=Omar |title=Trump and Gay Rights: The Future of the Global Movement |url=https://www.foreignaffairs.com/articles/2017-02-13/trump-and-gay-rights?cid=nlc-fatoday-20170213&sp_mid=53412954&sp_rid=dmljdG9yLnN0ZXBpZW5AZ21haWwuY29tS0&spMailingID=53412954&spUserID=MjEwNDg3MDc2NzQ4S0&spJobID=1102227291&spReportId=MTEwMjIyNzI5MQS2 |access-date=7 January 2021 |agency=Foreign Affairs |date=13 February 2017}}</ref><ref>{{cite news |last1=Weinthal |first1=Benjamin |title=Iran executes 'high number' of gays, says German intelligence |url=https://www.jpost.com/middle-east/iran-executes-high-number-of-gays-says-german-intelligence-630751 |access-date=7 January 2021 |agency=The Jerusalem Post |date=9 June 2020}}</ref> of people were executed in the immediate aftermath of revolution of whom some 20 were homosexuals. [[Ruhollah Khomeini]] called for them to be exterminated in 1979.<ref>{{cite journal |last1=Parsi |first1=Arsham |title=Iranian Queers and Laws: Fighting for Freedom of Expression |journal=Harvard International Review |date=2014 |volume=36 |issue=2 |page=53 |jstor=43649271 |url=https://www.jstor.org/stable/43649271 |access-date=7 January 2021}}</ref>

[[Transgender|Transgender identity]] is recognized through sex reassignment surgery. [[Sex reassignment surgeries]] are partially financially supported by the state. Some [[Homosexuality|homosexual]] individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution for being gay.<ref name=":0" /><ref name=SexChange>{{cite news|title=Iran's gay plan|url=https://www.cbc.ca/news/entertainment/iran-s-gay-plan-1.729253|publisher=[[Canadian Broadcasting Corporation]]|date=August 26, 2008|access-date=March 23, 2018|archive-date=April 16, 2009|url-status=live|archive-url=https://web.archive.org/web/20090416140030/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html}}</ref><ref name=":2">{{Cite web |last=Saeidzadeh |first=Zara |date=2014 |title=The legality of sex change surgery and construction of transsexual identity in contemporary Iran |url=https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=8895301 |website=[[Lund University]] |pages=12, 13, 7, 18, 48, 49 |language=en |postscript=. Sociology of Law, Master's thesis on Social Studies of Gender}}</ref> Iran carries out more sex reassignment surgeries than any other country in the world, ranking second place after [[LGBTQ rights in Thailand|Thailand]].<ref name=":2" /><ref name=":0">{{Cite journal |last1=El-Bernoussi |first1=Zaynab |last2=Dupret |first2=Baudouin |date=2017 |title=Sex Reassignment |url=https://hal.science/hal-02624696/document |journal=Oxford Islamic Studies Online |pages=2, 3 |via=[[HAL Open Science]]}}</ref><ref name=":3">{{Cite journal |last1=Zagami |first1=Samira E. |last2=Roudsari |first2=Robab L. |last3=Sadeghi |first3=Ramin |date=2019-08-05 |year=2019 |title=Quality of Life After Sex Reassignment Surgery: A Systematic Review and Meta-Analysis |url=https://brieflands.com/articles/ijpbs-69086.pdf |journal=Iran J Psychiatry Behav Sci |volume=13 |issue=3 |pages=1 |doi=10.5812/ijpbs.69086}}</ref>

== LGBT history in Iran ==
== LGBT history in Iran ==
{{Main|LGBT history in Iran}}
{{Main|LGBT history in Iran}}
Around 250 BC, during the [[Parthian Empire]], the [[Zoroastrianism|Zoroastrian]] text [[Vendidad]] was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in [[sodomy]] could be killed without permission from [[dastur|a high priest]]. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran.<ref name=ZoroTenents>{{cite web |author1=Ervad Behramshah Hormusji Bharda |title=The Importance of Vendidad in the Zarathushti Religion |url=http://tenets.zoroastrianism.com/vndimp33.html|website=tenets.zoroastrianism.com |accessdate=January 3, 2015 |date=1990}}</ref><ref name=Frashogard>{{cite web |author1=Ervad Marzban Hathiram |title=Significance and Philosophy of the Vendidad |url=http://www.frashogard.com/wp-content/uploads/2007/09/the-vendidad-part-3.pdf |website=frashogard.com |accessdate=January 3, 2015}}</ref><ref name=HI>{{cite web|title=Ranghaya, Sixteenth Vendidad Nation & Western Aryan Lands|url=http://www.heritageinstitute.com/zoroastrianism/ranghaya/index.htm|website=heritageinstitute.com|publisher=Heritage Institute |accessdate=January 3, 2015}}</ref><ref name="Mercury Biography">{{cite book |last1=Jones |first1=Lesley-Ann |title=Freddie Mercury: The Definitive Biography: The Definitive Biography |publisher=Hachette UK, 2011 |isbn=9781444733709 |page=28 |url=https://books.google.co.uk/books?id=VJOPWGEUEZ4C&pg=PT28 |accessdate=3 January 2015}}</ref><ref name="Sacred Books of the East">{{cite book |last1=Darmesteter |first1=James |title=Sacred Books of the East |date=1898 |location=Vd 8:32 |edition=American |url=http://www.avesta.org/vendidad/vd8sbe.htm |accessdate=January 3, 2015 |quote=(...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...)}}</ref><ref>{{cite book |url=https://books.google.com/books?id=1ha9GgWNmy0C&pg=PA92&lpg=PA92&dq#v=onepage&q&f=false |title=The Origins and Role of Same-Sex Relations in Human Societies |first=James |last=Neill |page=92 |year=2011 |publisher=McFarland}}</ref>
Around 250 BC, during the [[Parthian Empire]], the [[Zoroastrianism|Zoroastrian]] text [[Vendidad]] was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in [[sodomy]] could be killed without permission from [[dastur|a high priest]]. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran.<ref name=ZoroTenents>{{cite web |author1=Ervad Behramshah Hormusji Bharda |title=The Importance of Vendidad in the Zarathushti Religion |url=http://tenets.zoroastrianism.com/vndimp33.html|website=tenets.zoroastrianism.com |access-date=January 3, 2015 |date=1990}}</ref><ref name=Frashogard>{{cite web |author1=Ervad Marzban Hathiram |title=Significance and Philosophy of the Vendidad |url=http://www.frashogard.com/wp-content/uploads/2007/09/the-vendidad-part-3.pdf |website=frashogard.com |access-date=January 3, 2015}}</ref><ref name=HI>{{cite web|title=Ranghaya, Sixteenth Vendidad Nation & Western Aryan Lands|url=http://www.heritageinstitute.com/zoroastrianism/ranghaya/index.htm|website=heritageinstitute.com|publisher=Heritage Institute |access-date=January 3, 2015}}</ref><ref name="Mercury Biography">{{cite book |last1=Jones |first1=Lesley-Ann |title=Freddie Mercury: The Definitive Biography: The Definitive Biography |publisher=Hachette UK, 2011 |isbn=9781444733709 |page=28 |url=https://books.google.com/books?id=VJOPWGEUEZ4C&pg=PT28 |access-date=3 January 2015|date=2011-10-13 }}</ref><ref name="Sacred Books of the East">{{cite book |last1=Darmesteter |first1=James |title=Sacred Books of the East |date=1898 |location=Vd 8:32 |edition=American |url=http://www.avesta.org/vendidad/vd8sbe.htm |access-date=January 3, 2015 |quote=(...) Ahura Mazda answered: 'The man that lies with mankind as man lies with womankind, or as woman lies with mankind, is the man that is a Daeva; this one is the man that is a worshipper of the Daevas, that is a male paramour of the Daevas, that is a female paramour of the Daevas, that is a wife to the Daeva; this is the man that is as bad as a Daeva, that is in his whole being a Daeva; this is the man that is a Daeva before he dies, and becomes one of the unseen Daevas after death: so is he, whether he has lain with mankind as mankind, or as womankind. The guilty may be killed by any one, without an order from the Dastur (see § 74 n.), and by this execution an ordinary capital crime may be redeemed. (...)}}</ref>


There is a significant amount of literature in [[Persian language|Persian]] that contain explicit same-sex illustrations.<ref>{{cite web|url=http://www.glbtq.com/literature/mid_e_lit_persian.html |title=>> literature >> Middle Eastern Literature: Persian |publisher=glbtq |date= |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20091004071033/http://www.glbtq.com/literature/mid_e_lit_persian.html |archivedate=October 4, 2009 |df= }}</ref> A few Persian [[ghazal|love poems]] and texts from prominent medieval Persian poet [[Saadi Shirazi]]'s ''[[Bustan (book)|Bustan]]'' and ''[[Gulistan (book)|Gulistan]]'' have also been interpreted as homoerotic poems.<ref>{{cite web|url=http://www.kirjasto.sci.fi/sadi.htm |title=Sa'di |website=Books and Writers ''(kirjasto.sci.fi)'' |first=Petri |last=Liukkonen |publisher=[[Kuusankoski]] Public Library |location=Finland |archiveurl=https://web.archive.org/web/20120530014707/http://www.kirjasto.sci.fi/sadi.htm |archivedate=May 30, 2012 |dead-url=yes |df= }}</ref>
There is a significant amount of literature in [[Persian language|Persian]] that contains explicit same-sex illustrations.<ref>{{cite web|url=http://www.glbtq.com/literature/mid_e_lit_persian.html |title=>> literature >> Middle Eastern Literature: Persian |publisher=glbtq |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20091004071033/http://www.glbtq.com/literature/mid_e_lit_persian.html |archive-date=October 4, 2009 }}</ref> A few Persian [[ghazal|love poems]] and texts from prominent medieval Persian poet [[Saadi Shirazi]]'s ''[[Bustan (book)|Bustan]]'' and ''[[Gulistan (book)|Gulistan]]'' have also been interpreted as homoerotic poems.<ref>{{cite web|url=http://www.kirjasto.sci.fi/sadi.htm |title=Sa'di |website=Books and Writers (kirjasto.sci.fi) |first=Petri |last=Liukkonen |publisher=[[Kuusankoski]] Public Library |location=Finland |archive-url=https://web.archive.org/web/20120530014707/http://www.kirjasto.sci.fi/sadi.htm |archive-date=May 30, 2012 |url-status=dead }}</ref>


Under the rule of [[Mohammad Reza Pahlavi|Mohammad Reza Shah]], the last monarch of the [[Pahlavi dynasty]], homosexuality was tolerated, even to the point of allowing news coverage of a same-sex wedding. [[Janet Afary]] has argued that the [[Iranian Revolution|1979 Revolution]] was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran.<ref name="gaycitynews.com">{{cite web |url=http://www.gaycitynews.com/gcn_432/iraniansourcesquestion.html |title=Iranian Sources Question Rape Charges in Teen Executions |accessdate=May 19, 2012 |deadurl=yes |archiveurl=https://web.archive.org/web/20130723203632/http://gaycitynews.com/gcn_432/iraniansourcesquestion.html |archivedate=July 23, 2013}}</ref> After the 1979 Revolution, thousands of people were executed in public, including homosexuals.<ref>{{cite news |url=https://www.nytimes.com/1989/06/04/obituaries/ayatollah-ruhollah-khomeini-89-the-unwavering-iranian-spiritual-leader.html?pagewanted=all |title=Ayatollah Ruhollah Khomeini, 89, the Unwavering Iranian Spiritual Leader |year=1989 |work=The New York Times}}</ref><ref>{{cite news |url=https://www.nytimes.com/1979/10/07/archives/an-interview-with-khomeini.html |title=An Interview With KHOMEINI |work=The New York Times |date=October 7, 1979}}</ref>
Under the rule of [[Mohammad Reza Pahlavi|Mohammad Reza Shah]], the last monarch of the [[Pahlavi dynasty]], homosexuality was criminalised, though it was mostly tolerated even to the point of allowing news coverage of a mock same-sex wedding. [[Janet Afary]] has argued that the [[Iranian Revolution|1979 Revolution]] was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran.<ref name="gaycitynews.com">{{cite web |url=http://www.gaycitynews.com/gcn_432/iraniansourcesquestion.html |title=Iranian Sources Question Rape Charges in Teen Executions |access-date=May 19, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20130723203632/http://gaycitynews.com/gcn_432/iraniansourcesquestion.html |archive-date=July 23, 2013}}</ref> [[Reza Pahlavi, Crown Prince of Iran|Reza Pahlavi]], [[Crown prince|Crown Prince]] and the son of [[Mohammad Reza Pahlavi|Shah Mohammed Reza]], argued that LGBT individuals had freedom before the “Mullah Regime” (the [[Iranian Revolution|1979 revolution]]).<ref>{{Cite web |title=شاهزاده رضا پهلوی: اقلیت‌های جنسی و جنسیتی در ایران پیش از «رژیم ملاها» آزادی داشتند |trans-title=Prince Reza Pahlavi: Sexual and gender minorities in Iran had freedom before the “Mullah regime.” |url=https://ir.voanews.com/amp/prince-reza-pahlavi-lgbt-iran/7352697.html |url-status=live |archive-url=https://web.archive.org/web/20241004014837/https://ir.voanews.com/amp/prince-reza-pahlavi-lgbt-iran/7352697.html |archive-date=2024-10-04 |access-date=2024-10-03 |website=ir.voanews.com |language=fa}}</ref> After the 1979 Revolution, thousands of people were executed in public, including some homosexuals.<ref>{{cite news |url=https://www.nytimes.com/1989/06/04/obituaries/ayatollah-ruhollah-khomeini-89-the-unwavering-iranian-spiritual-leader.html?pagewanted=all |title=Ayatollah Ruhollah Khomeini, 89, the Unwavering Iranian Spiritual Leader |year=1989 |work=The New York Times}}</ref><ref>{{cite news |url=https://www.nytimes.com/1979/10/07/archives/an-interview-with-khomeini.html |title=An Interview With KHOMEINI |work=The New York Times |date=October 7, 1979}}</ref>


<gallery widths="140">
<gallery widths="190">
Shah Abbas and Wine Boy.jpg|A [[Safavid dynasty|Safavid]] [[Persian miniature]] from 1627, depicting [[Abbas I of Persia|Abbas I of Iran]] with a page. [[Louvre]], Paris.
File:Shah Abbas and Wine Boy.jpg|A [[Safavid dynasty|Safavid]] [[Persian miniature]] from 1627, depicting [[Abbas I of Persia|Abbas I of Iran]] with a page. [[Louvre]], Paris.
Men engaging in anal sex, Safavid painting, 1660.jpg|A [[Safavid dynasty|Safavid]] [[Persian miniature]] from 1660, depicting two men engaged in anal sex. [[Kinsey Institute for Research in Sex, Gender, and Reproduction|Kinsey Institution]], Bloomington.
File:Men engaging in anal sex, Safavid painting, 1660.jpg|Two men engaged in anal sex. Watercolour on paper. From Iran. [[Kinsey Institute]], [[Bloomington, Indiana]]. Around 1880 - 1926.
Men engaging in anal sex, Safavid painting, 1720.jpg|A [[Safavid dynasty|Safavid]] [[Persian miniature]] from 1720, depicting two men engaged in anal sex. [[Kinsey Institute for Research in Sex, Gender, and Reproduction|Kinsey Institution]], Bloomington.
File:Men engaging in anal sex, Safavid painting, 1720.jpg|Two men engaged in anal sex. Watercolour on paper.From Iran.[[Kinsey Institute]], [[Bloomington, Indiana]]. Around 1880 - 1926.
Youth and suitors.jpg|A depiction of a youth conversing with suitors from [[Jami]]'s ''[[Haft Awrang]]'', in the story ''A Father Advises his Son About Love''. Smithsonian Institution, Washington, DC.
File:Youth and suitors.jpg|A depiction of a youth conversing with suitors from [[Jami]]'s ''[[Haft Awrang]]'', in the story ''A Father Advises his Son About Love''. [[Smithsonian Institution]], Washington, DC.
Chehel Sutun - Men and youths by a stream.jpg|Men and youths depicted on a [[Safavid dynasty|Safavid]] ceramic panel from [[Chehel Sotoun]], [[Isfahan]]. [[Louvre]], Paris.
File:Chehel Sutun - Men and youths by a stream.jpg|Men and youths depicted on a [[Safavid dynasty|Safavid]] ceramic panel from [[Chehel Sotoun]], [[Isfahan]]. [[Louvre]], Paris.
</gallery>
</gallery>


== Legality of same-sex sexual activity ==
== Legal status ==
Since the [[Iranian Revolution|1979 Revolution]], the legal code has been based on [[Sharia|Islamic law]]. All sexual activities that occur outside a traditional, heterosexual marriage (i.e., sodomy or adultery) are illegal. Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death—though not generally implemented. Forced same-sex sexual activities (i.e., rape) often result in execution. The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.{{citation needed|date=March 2018}}
Since the [[Iranian Revolution|1979 Revolution]], the legal code has been based on [[Sharia|Islamic law]]. Despite allowing [[sex reassignment surgery]], homosexuality in Iran remains a crime punishable by death.<ref name=":0" /><ref name=":1" /><ref name="Ind" /><ref name=":2" /><ref name=":3" /> In Iran, this framework is occasionally viewed as a means to "correct" individuals who may otherwise express [[Homosexuality|same-sex desires]], offering an option to conform to [[Heteronormativity|heteronormative standards]] (Najmabadi, 2011, p. 534).<ref name=":0" /><ref name="SexChange" /><ref name=":2" /> All sexual activities that occur outside a [[Marriage in Islam|traditional islamic marriage]] (i.e., sodomy or adultery) are illegal.<ref name=":0" /><ref name=":1" /> Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death,<ref name=":0" /><ref name=":1" /><ref name="Ind" /> though not generally implemented.{{citation needed|date=March 2018}} Rape, whether same-sex or opposite-sex, often results in execution, but is related to adultery and sodomy in Iran's penal code rather than being classified as "sexual assault". The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.{{citation needed|date=March 2018}}


=== Male same-sex sexual activity ===
=== Male same-sex sexual activity ===
According to Articles 108 to 113, [[sodomy]] (''lavāt'') can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy, or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.
According to Articles 108 to 112, [[sodomy]] (''lavāt'') can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind, and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.


=== Female same-sex sexual activity ===
=== Female same-sex sexual activity ===
According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (''mosāheqe'') involving persons who are mature, of sound mind and consenting, is 50 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 insists that both Muslim and non-Muslim individuals are subject to the punishment in the same way. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes.
According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (''mosāheqe'') involving persons who are mature, of sound mind and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 says that both Muslims and non-Muslims are subject to the punishment. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes.


At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape.{{citation needed|date=March 2018}}
=== Laws regarding transsexuality ===
As Article 20 in Clause 14 states, a person who has done a [[sex reassignment surgery]] can legally change their name and gender on the birth certification upon the order of court.


The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer [[Ali Akbar Saidi Sirjani]] was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.<ref>{{cite news |url=https://www.nytimes.com/1994/11/28/world/leading-dissident-writer-in-iran-dies-after-8-months-in-detention.html |title=Leading Dissident Writer in Iran Dies After 8 Months in Detention |newspaper=[[The New York Times]] |date=November 28, 1994 |access-date=August 31, 2015}}</ref>
Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whomever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender.


=== Adultery ===
Although legally recognized by the current Supreme Leader in Iran, [[Marja'|Grand Ayatollah]] [[Ali Khamenei]], Grand Ayatollah [[Yousef Madani Tabrizi]] addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)".{{clarify|date=March 2018}} Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful.<ref>{{Cite web |url=http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |title=The Legality of Sex Change Surgery and Construction of Transsexual Identity in Contemporary Iran |last=Saeidzadeh |first=Zara |year=2014 |publisher=Lund University |access-date= |deadurl=yes |archiveurl=https://web.archive.org/web/20161117064353/http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |archivedate=November 17, 2016 |df= }}</ref>{{unreliable source?|date=March 2018}}
Adultery (''zina-e-mohsen'') is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012, by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then.


In November 2021, a married Iranian man and his male lover, ages 27 and 33, were given the death penalty for adultery. The married man's wife pleaded for their lives, while her father asked that they be executed. The judge upheld her father's request.<ref>{{Cite web|title=Iran: Gay couple sentenced to death for adultery after family demanded execution|url=https://www.wionews.com/world/iran-gay-couple-sentenced-to-death-for-adultery-after-family-demanded-execution-427557|access-date=2021-12-07|website=WION|date=November 8, 2021 |language=en}}</ref><ref>{{Cite news|title=Couple in Iran sentenced to death for adultery|url=https://www.jpost.com/middle-east/iran-news/irans-regime-sentences-couple-to-death-for-adultery-684321|access-date=2021-12-07|newspaper=The Jerusalem Post &#124; Jpost.com|language=en-US}}</ref>
== Application of laws ==

At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape.{{citation needed|date=March 2018}}
==Public morality laws==
Under more public morality laws, offenders face additional jail time, whippings, and fines.<ref>{{Cite web|last=Refugees|first=United Nations High Commissioner for|title=Refworld {{!}} Iran: Islamic Penal Code|url=https://www.refworld.org/docid/518a19404.html|access-date=2021-12-07|website=Refworld|language=en}}</ref>


Article 637 – Any man and woman who are not married and who commit a crime against public morality,
The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer [[Ali Akbar Saidi Sirjani]] was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.<ref>{{cite news |url=https://www.nytimes.com/1994/11/28/world/leading-dissident-writer-in-iran-dies-after-8-months-in-detention.html |title=Leading Dissident Writer in Iran Dies After 8 Months in Detention |newspaper=[[The New York Times]] |date=November 28, 1994 |accessdate=August 31, 2015}}</ref>
excluding adultery, should be sentenced to flogging (99 lashes). If one of them did not consent to the crime,
then only the one who initiated the crime should be punished.
Article 638- Anyone who explicitly violates any religious taboo in public beside being punished for the act
should also be imprisoned from ten days to two months, or should be flogged (74 lashes).
Note- women who appear in public without a proper hijab should be imprisoned from ten days to two months or
pay a fine of 50,000 to 500,000 Ryal.
Article 639 – The following people should be imprisoned from one to ten years, and in the case of category (a)
the property should be confiscated according to decision of the court.
a) anyone who manages a property where activities against public morality take place;
b) anyone who encourages people to violate public morality;
Article 640 – The following people should be imprisoned from three months to one year and pay a fine of
1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of these punishments.
c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any
other thing that violates public morality;
d) anyone who is included in the circulation of the above items;


=== Capital punishment ===
=== Capital punishment ===
[[Image:Iran.StopKillingGays.WDC.19jul06.jpg|thumb|A protester of the killing of homosexual people in Iran. Washington, DC. July 19, 2006.]]
[[Image:Iran.StopKillingGays.WDC.19jul06.jpg|thumb|A protester of the killing of homosexual people in Iran. Washington, DC. July 19, 2006.]]
{{Main|Capital punishment in Iran}}
{{Main|Capital punishment in Iran}}
Some human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979.<ref>{{cite news| url=https://www.telegraph.co.uk/news/wikileaks-files/london-wikileaks/8305064/IRAN-UK-GRANTS-ASYLUM-TO-VICTIM-OF-TEHRAN-PERSECUTION-OF-GAYS-CITING-PUBLICITY.html | location=London | work=The Daily Telegraph | title=Iran: Uk Grants Asylum To Victim Of Tehran Persecution Of Gays, Citing Publicity | date=February 4, 2011}}</ref><ref name="foreignaffairstrumpandgayrights">{{cite news|last1=Encarnación|first1=Omar G.|title=Trump and Gay Rights: The Future of the Global Movement|url=https://www.foreignaffairs.com/articles/2017-02-13/trump-and-gay-rights?cid=nlc-fatoday-20170213&sp_mid=53412954&sp_rid=dmljdG9yLnN0ZXBpZW5AZ21haWwuY29tS0|accessdate=February 14, 2017|work=Foreign Affairs|date=February 13, 2017|quote=Amnesty International reports that some 5,000 gays and lesbians have been executed in Iran since the 1979 Iranian Revolution, including two gay men executed in 2014, both hanged for engaging in consensual homosexual relations.}} {{subscription required|via=Foreign Affairs}}</ref> According to The Boroumand Foundation,<ref>{{cite web|url=http://www.abfiran.org/english/memorial.php |title=The Boroumand Foundation |publisher=Abfiran.org |date=December 10, 1998 |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20081029022121/http://www.abfiran.org/english/memorial.php |archivedate=October 29, 2008 }}</ref> there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990.<ref>{{cite web|url=http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |title=Search the Iran Human Rights Memorial, Omid – Boroumand Foundation for Human Rights in Iran |publisher=Abfiran.org |date= |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20080424114804/http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |archivedate=April 24, 2008 }}</ref> According to [[Amnesty International]], at least 5 people convicted of "homosexual tendencies", three men and two women, were executed in January 1990, as a result of the government's policy of calling for the execution of those who "practice homosexuality".<ref>{{cite web|url=http://www.abfiran.org/english/person-12694.php |title=Un-named person (male) – Promoting Human Rights in Iran |publisher=Abfiran.org |date= |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20071109220143/http://www.abfiran.org/english/person-12694.php |archivedate=November 9, 2007 }}</ref>
Some human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979.<ref>{{cite news| url=https://www.telegraph.co.uk/news/wikileaks-files/london-wikileaks/8305064/IRAN-UK-GRANTS-ASYLUM-TO-VICTIM-OF-TEHRAN-PERSECUTION-OF-GAYS-CITING-PUBLICITY.html | location=London | work=The Daily Telegraph | title=Iran: Uk Grants Asylum To Victim Of Tehran Persecution Of Gays, Citing Publicity | date=February 4, 2011}}</ref><ref name="foreignaffairstrumpandgayrights">{{cite news|last1=Encarnación|first1=Omar G.|title=Trump and Gay Rights: The Future of the Global Movement|url=https://www.foreignaffairs.com/articles/2017-02-13/trump-and-gay-rights?cid=nlc-fatoday-20170213&sp_mid=53412954&sp_rid=dmljdG9yLnN0ZXBpZW5AZ21haWwuY29tS0|access-date=February 14, 2017|work=Foreign Affairs|date=February 13, 2017|quote=Amnesty International reports that some 5,000 gays and lesbians have been executed in Iran since the 1979 Iranian Revolution, including two gay men executed in 2014, both hanged for engaging in consensual homosexual relations.}} {{subscription required|via=Foreign Affairs}}</ref> According to The Boroumand Foundation,<ref>{{cite web|url=http://www.abfiran.org/english/memorial.php |title=The Boroumand Foundation |publisher=Abfiran.org |date=December 10, 1998 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20081029022121/http://www.abfiran.org/english/memorial.php |archive-date=October 29, 2008 }}</ref> there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990.<ref>{{cite web|url=http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |title=Search the Iran Human Rights Memorial, Omid – Boroumand Foundation for Human Rights in Iran |publisher=Abfiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20080424114804/http://www.abfiran.org/english/memorial-search.php?do_search=Search&charges=1778515990&pagenum=0 |archive-date=April 24, 2008 }}</ref> According to [[Amnesty International]], a male homosexual was executed in January 1990 under unclear circumstances that is no reason was given. At least five people convicted of homosexual activity, three men and two women were executed in January 1990 as a result of the government policy of demanding executions of those who "practice homosexuality".<ref>{{cite web|url=http://www.abfiran.org/english/person-12694.php |title=Un-named person (male) – Promoting Human Rights in Iran |publisher=Abfiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20071109220143/http://www.abfiran.org/english/person-12694.php |archive-date=November 9, 2007 }}</ref>


In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be tortured, executed, or both.<ref>[http://www.timesonline.co.uk/tol/news/world/middle_east/article2859606.ece Gays should be hanged, says Iranian minister]; ''The Times'', November 13, 2007; Retrieved on April 1, 2008{{subscription required}}</ref>
In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be executed. He said that if they do it privately then it's okay but if they do it overtly then they are to be executed.<ref name="auto">[https://web.archive.org/web/20071115231936/http://www.timesonline.co.uk/tol/news/world/middle_east/article2859606.ece Gays should be hanged, says Iranian minister]; ''The Times'', November 13, 2007; Retrieved on April 1, 2008{{subscription required}}</ref>


LGBT rights activists [[Zahra Seddiqi Hamedani]] and [[Elham Choubdar]] were sentenced to death in 2021 by a court in Iran for "promoting homosexuality, promoting Christianity and communicating with media opposed to the Islamic Republic". The sentence was confirmed by Iran's judiciary, but said the charges involved "human trafficking and not activism".<ref>{{cite news |title=Iran sentences two LGBT activists to death |work=[[BBC]] |url=https://www.bbc.com/news/world-middle-east-62793573}}</ref> On September 5, 2022, Iran's official [[IRNA]] news agency reported that the two women had been sentenced to death on charges of "corruption on earth" and human tracking. The European Union condemned the death sentences on September 13, 2022.<ref>{{Cite news |date=2022-09-13 |title=EU condemns death sentences for two women in Iran |language=en |work=Reuters |url=https://www.reuters.com/world/middle-east/eu-condemns-death-sentences-two-women-iran-2022-09-13/ |access-date=2022-09-14}}</ref>
==== Rape ====
Rape (''tajāvoz'', ''zenā be onf'') is punishable by death by hanging. Ten to fifteen percent of executions in Iran are for rape. The rape victim may settle the case by accepting compensation (''jirat'') in exchange for withdrawing the charges or forgiving the rapist.{{citation needed|date=March 2018}} This is similar to ''diyya'', but equal to a woman's dowry. A woman can also receive ''diyya'' for injuries sustained. Normally, the rapist still faces tazir penalties, such as 100 lashes and jail time for immoral acts, and often faces further penalties for other crimes committed alongside the rape, such as kidnapping, assault, and disruption of public order.

On July 19, 2005, [[Mahmoud Asgari and Ayaz Marhoni|two teenagers]] from the province of [[Khorasan Province|Khorasan]] who were convicted by the court of having raped a 13-year-old boy were publicly hanged. The case attracted international media attention, and the British LGBT group [[OutRage!]] alleged that the teenagers were executed for consensual homosexual acts and not rape.<ref>[http://www.petertatchell.net/lgbt_rights/outing/defence.html]</ref>{{dead link|date=March 2018}} It was disputed in the media as to whether the executions of the two teenagers, or that of three other men who were executed in 2011 in the province of [[Khuzestan Province|Khuzestan]], were punishment for other crimes or carried out specifically because of their same-sex sexual activity.<ref>{{cite news |url=https://www.theguardian.com/world/2011/sep/07/iran-executes-men-homosexuality-charges |title=Iran executes three men on homosexuality charges |date=September 7, 2011 |work=The Guardian}}</ref> [[Human Rights Watch]], while condemning the executions of the juveniles, stated "there is no evidence that this was a consensual act", and observed that "the bulk of evidence suggests that the youths were tried on allegations of raping a 13-year-old, with the suggestion that they were tried for consensual homosexual conduct seemingly based almost entirely on mistranslations and on cursory news reporting magnified by the Western press".<ref name="HRWletter">"Response to Peter Tatchell's 'Open Letter'", distributed on e-mail by Scott Long. Human Rights Watch. July 18, 2006.</ref> It also stated that it was "deeply disturbed by the apparent indifference of many people to the alleged rape of a 13-year old".<ref name="HRWletter"/>

Another controversial execution was that of Makwan Moloudzadeh on December 6, 2007. He was convicted of ''lavāt be onf'' (sodomy rape) and executed for raping three teenage boys when he was 13, even though all witnesses had retracted their accusations and Moloudzadeh withdrew a confession. As a 13-year-old, he was ineligible for the death penalty under the law in Iran.<ref>{{cite news |url=http://news.bbc.co.uk/2/hi/middle_east/7130380.stm |title=Iranian hanged after verdict stay |publisher=BBC News |date=December 6, 2007 |accessdate=2007-12-06}}</ref><ref>[https://www.amnesty.org/en/for-media/press-releases/iran-execution-child-offender-makwan-moloudazdeh-mockery-justice-2007120 Amnesty International Press Release] after the execution of Moloudzadeh. {{webarchive |url=https://web.archive.org/web/20140311113632/http://www.amnesty.org/en/for-media/press-releases/iran-execution-child-offender-makwan-moloudazdeh-mockery-justice-2007120 |date=March 11, 2014 }}</ref> Despite international outcry and a nullification of the death sentence by Chief Justice Ayatollah Seyed Mahmoud Hashemi Shahrud, Moloudzadeh was hanged without his family or his attorney being informed until after the fact.<ref>[http://www.iglhrc.org/site/iglhrc/section.php?id=5&detail=808 Statement of the International Gay and Lesbian Human Rights Commission] {{webarchive |url=https://web.archive.org/web/20080411033134/http://www.iglhrc.org/site/iglhrc/section.php?id=5&detail=808 |date=April 11, 2008 }}</ref><ref>[http://www.iht.com/articles/reuters/2007/12/06/africa/OUKWD-UK-IRAN-EXECUTION.php Iran seen hanging man for raping boys], Frederick Dahl, [[Reuters]] via the ''[[International Herald Tribune]]'', December 6, 2007. Retrieved September 20, 2008. {{webarchive |url=https://web.archive.org/web/20081201063953/http://www.iht.com/articles/reuters/2007/12/06/africa/OUKWD-UK-IRAN-EXECUTION.php |date=December 1, 2008 }}</ref> The execution provoked international outcry since it violated two international treaties signed by the government in Iran that outlaw capital punishment for crimes committed by minors—the [[International Covenant on Civil and Political Rights]] and the [[Convention on the Rights of the Child]].<ref>[http://www.diplomatie.gouv.fr/en/country-files_156/iran_301/france-and-iran_2788/execution-of-mr.-makwan-mouloudzadeh-07.12.07_10446.html Statement of the French Ministry of Foreign Affairs], December 7, 2007. {{webarchive |url=https://web.archive.org/web/20090317092313/http://www.diplomatie.gouv.fr/en/country-files_156/iran_301/france-and-iran_2788/execution-of-mr.-makwan-mouloudzadeh-07.12.07_10446.html |date=March 17, 2009 }}</ref>


==== Sodomy ====
==== Sodomy ====
{{See also|Capital punishment for homosexuality}}
Few consenting participants of [[sodomy]] (''lavāt'') are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper ''[[Etemad]]'' reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts. Another two men were allegedly hanged publicly in the northern town of [[Gorgan]] for sodomy in November 2005.<ref>{{cite web |url=https://www.hrw.org/news/2005/11/21/iran-two-more-executions-homosexual-conduct |title=Iran: Two More Executions for Homosexual Conduct |publisher=[[Human Rights Watch]] |date=November 21, 2005 |accessdate=September 20, 2008}}</ref> In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts.<ref name=Ind>{{cite news |url=https://www.independent.co.uk/news/world/middle-east/brutal-land-where-homosexuality-is-punishable-by-death-792057.html |title=Brutal land where homosexuality is punishable by death |author=Ann Penketh |newspaper=[[The Independent]] |date=March 6, 2008 |accessdate=September 20, 2008}}</ref> On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of [[Kermanshah]].<ref>[http://www.iglhrc.org/site/iglhrc/section.php?id=5&detail=752 IGLHRC Condemns Iran's Continued Use of Sodomy Laws To Justify Executions and Arbitrary Arrests], IGLHRC, July 18, 2007. Retrieved September 20, 2008. {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>
Few consenting participants of [[sodomy]] (''lavāt'') are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper ''[[Etemad]]'' reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts to which they confessed. Another two men were allegedly hanged publicly in the northern town of [[Gorgan]] for sodomy in November 2005.<ref>{{cite web |url=https://www.hrw.org/news/2005/11/21/iran-two-more-executions-homosexual-conduct |title=Iran: Two More Executions for Homosexual Conduct |publisher=[[Human Rights Watch]] |date=November 21, 2005 |access-date=September 20, 2008}}</ref> In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts.<ref name=Ind>{{cite news |url=https://www.independent.co.uk/news/world/middle-east/brutal-land-where-homosexuality-is-punishable-by-death-792057.html |title=Brutal land where homosexuality is punishable by death |author=Ann Penketh |newspaper=[[The Independent]] |date=March 6, 2008 |access-date=September 20, 2008}}</ref> On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of [[Kermanshah]].{{Citation needed|date=January 2020}} In January 2022, two gay men allegedly sentenced for "forced sexual intercourse between two men" were executed in the city of [[Maragheh]] after spending six years on death row.<ref>{{Cite news|date=1 February 2022|title=Rights group: Iran executes 2 gay men over sodomy charges|work=[[Associated Press]]|url=https://apnews.com/article/middle-east-iran-crime-dubai-united-arab-emirates-e3d7108441665c40982329f26ff07fc9}}</ref>


=== Arrests ===
=== Arrests ===
On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in [[Sardasht, West Azerbaijan]] for homosexual activity. An on-line petition for their release began to circulate around the internet.<ref>{{cite news |url=http://www.indymedia.be/index.html%3Fq=node%252F25698.html |title=Petition for the Lives of Two Iranian Gay Guys: Hamzeh and Loghman, at Risk of Death Sentence |date=January 28, 2008 |publisher=indymedia.be |accessdate=August 31, 2015}}</ref> They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with ''mohārebe'' ("waging war against God") and ''lavāt'' (sodomy).
On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in [[Sardasht, West Azerbaijan|Sardasht]], [[West Azerbaijan Province|West Azerbaijan]], for homosexual activity. An on-line petition for their release began to circulate around the internet.<ref>{{cite news |url=http://www.indymedia.be/index.html%3Fq=node%252F25698.html |title=Petition for the Lives of Two Iranian Gay Guys: Hamzeh and Loghman, at Risk of Death Sentence |date=January 28, 2008 |publisher=indymedia.be |access-date=August 31, 2015}}</ref> They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with ''mohārebe'' ("waging war against God") and ''lavāt'' (sodomy).

There were two reported crackdowns in [[Isfahan]], Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend.<ref>{{cite news |url=http://www.ukgaynews.org.uk/Archive/07/May/1404.htm |title=More Than Eighty 'Gay' Men Arrested at Birthday Party in Isfahan |newspaper=[[The Advocate (LGBT magazine)|The Advocate]] |publisher=ukgaynews.org.uk |date=May 14, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20110414062406/http://ukgaynews.org.uk/Archive/07/May/1404.htm |archive-date=April 14, 2011 |df=mdy-all }}</ref> All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing.<ref>[http://www.amnestyusa.org/document.php?id=ENGUSA20070521002&lang=e Amnesty International press release], May 17, 2007. Retrieved September 20, 2008. {{webarchive |url=https://web.archive.org/web/20110221020707/http://www.amnestyusa.org/document.php?id=ENGUSA20070521002&lang=e |date=February 21, 2011 }}</ref> Photos of the beaten men were released by the [[Toronto]]-based [[Iranian Railroad for Queer Refugees]].<ref>[http://www.irqr.net/ Photos of Isfahan men beaten by police], Iranian Queer Organization. Retrieved September 20, 2008.</ref> According to [[Human Rights Watch]], in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity.<ref>{{cite web|url=https://www.hrw.org/english/docs/2008/03/28/iran18385.htm |title=Iran: Private Homes Raided for 'Immorality' |publisher=Human Rights Watch |date=March 28, 2008 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20081113074059/http://hrw.org/english/docs/2008/03/28/iran18385.htm |archive-date=November 13, 2008 }}</ref>

In April 2017, 30 men were arrested in a raid in [[Isfahan Province]], "charged with sodomy, drinking alcohol and using psychedelic drugs".<ref name="jerusalempostshotsfired">{{cite news|last1=Weinthal|first1=Benjamin|title=SHOTS FIRED AS IRAN ARRESTS OVER 30 GAY MEN IN VIOLENT RAID|url=http://www.jpost.com/Middle-East/Shots-fired-as-Iran-arrests-over-30-gay-men-in-violent-raid-488419|access-date=April 21, 2017|work=The Jerusalem Post|date=April 20, 2017}}</ref>

== Recognition of same-sex relationships ==
[[Same-sex marriage]] and [[civil union]]s are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in whom, and when, their children marry and even what profession they chose.<ref name="cultureofiran.com">{{cite web|url=http://www.cultureofiran.com/Patriarchy.php|archive-url=https://web.archive.org/web/20030201202558/http://www.cultureofiran.com/Patriarchy.php|url-status=dead|archive-date=February 1, 2003|title=Culture of Iran|date=February 1, 2003}}</ref> Few LGBT Iranians [[Coming out|come out]] to family due to the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of [[sexual orientation]] or [[gender identity]].{{citation needed|date=March 2018}}

Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals.<ref name="cultureofiran.com" /> In 2004, an independent film{{which|date=January 2023}} was released, directed by [[Maryam Keshavarz]], that examined the changing mores of Iranian youth when it comes to sex and dating.<ref>{{cite web |url=http://www.tiburonfilmfestival.com/filmInfo.php?film_id=4564 |title=The Color of Love (Range Eshgh) |publisher=Tiburon International Film Festival |date=March 26, 2007 |access-date=October 22, 2010}}</ref>

Gay Iranian couples are often afraid to be seen together<ref>{{cite web|author=Fozoole Mahaleh |date=December 5, 2010 |url=http://www.fozoolemahaleh.com/2010/12/05/هم-جنس-بازی-دلبستگی-دو-انسان-و-طبیعی-است |script-title=fa:آیا هم جنس گرایی، یک بیماری است و یا یک نوع علاقه و دلبستگی میان دو انسان؟ |language=fa |trans-title=Is homosexuality a disease or a kind of interest and attachment between two people? |publisher=FozooleMahaleh.com |access-date=December 5, 2010}}</ref> in public, and report that [[LGBTQ]] people were widely stereotyped as being sex-obsessed child molesters, rapists, and disease-ridden.<ref>{{cite web |last=Parsi |first=Arsham |url=http://gayrepublic.org/index.php?name=News&file=article&sid=1787&lead=1 |title=Interview with Iranian Gay Couple |publisher=Gay Republic Daily |date=September 7, 2007 |access-date=October 22, 2010}}</ref>

== Gender identity and expression ==
{{Main|Transgender rights in Iran}}
Before the 1979 Islamic Revolution, the Iranian government did not address the issue of transsexuality. However, in 1964, while in exile under the shah's regime, Ayatollah Ruhollah Khomeini issued a fatwa approving sex reassignment surgeries.<ref name=":0" />

As Article 20 in Clause 14 states, a person who has [[sex reassignment surgery]] can legally change their name and gender on the birth certification upon the order of court.

Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whoever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender.
Although legally recognized by the current Supreme Leader in Iran, [[Marja'|Grand Ayatollah]] [[Ali Khamenei]], Grand Ayatollah [[Yousef Madani Tabrizi]] addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)".{{clarify|date=March 2018}} Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful.<ref>{{Cite web |url=http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |title=The Legality of Sex Change Surgery and Construction of Transsexual Identity in Contemporary Iran |last=Saeidzadeh |first=Zara |year=2014 |publisher=Lund University |url-status=dead |archive-url=https://web.archive.org/web/20161117064353/http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=5045547&fileOId=5045582 |archive-date=November 17, 2016 }}</ref>{{unreliable source?|date=March 2018}}


In 1976, the Iranian Medical Association ruled that such surgeries were unethical, except for intersex individuals (hermaphrodites).<ref name=":0" />
There were two reported crackdowns in [[Isfahan]], Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend.<ref>{{cite news |url=http://www.ukgaynews.org.uk/Archive/07/May/1404.htm |title=More Than Eighty 'Gay' Men Arrested at Birthday Party in Isfahan |newspaper=[[The Advocate]] |publisher=ukgaynews.org.uk |date=May 14, 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20110414062406/http://ukgaynews.org.uk/Archive/07/May/1404.htm |archivedate=April 14, 2011 |df=mdy-all }}</ref> All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing.<ref>[http://www.amnestyusa.org/document.php?id=ENGUSA20070521002&lang=e Amnesty International press release], May 17, 2007. Retrieved September 20, 2008. {{webarchive |url=https://web.archive.org/web/20110221020707/http://www.amnestyusa.org/document.php?id=ENGUSA20070521002&lang=e |date=February 21, 2011 }}</ref> Photos of the beaten men were released by the [[Toronto]]-based [[Iranian Railroad for Queer Refugees]].<ref>[http://www.irqr.net/ Photos of Isfahan men beaten by police], Iranian Queer Organization. Retrieved September 20, 2008.{{failed verification|reason=Home page link, please find story link|date=August 2015}}</ref> According to [[Human Rights Watch]], in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity.<ref>{{cite web|url=https://www.hrw.org/english/docs/2008/03/28/iran18385.htm |title=Iran: Private Homes Raided for 'Immorality' |publisher=Human Rights Watch |date=March 28, 2008 |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20081113074059/http://hrw.org/english/docs/2008/03/28/iran18385.htm |archivedate=November 13, 2008 }}</ref>


Since the mid-1980s, the Iranian government has legalized the practice of sex reassignment surgery (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a [[fatwa]] allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|title=Iran's 'diagnosed transsexuals'|last=Barford|first=Vanessa|date=25 February 2008|publisher=BBC|access-date=1 March 2008|archive-url=https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|archive-date=February 29, 2008 |url-status=live}}</ref><ref>{{cite news|url=https://www.cbc.ca/news/entertainment/iran-s-gay-plan-1.729253 |title=Film – Iran's gay plan |publisher=CBC News |date=August 26, 2008 |access-date=October 22, 2010 |url-status=live |archive-url=https://web.archive.org/web/20100222091444/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html |archive-date=February 22, 2010 }}</ref> In 1985, Khomeini reaffirmed his earlier fatwa, once again permitting the procedure.<ref name=":0" />
In April 2017, 30 men were arrested in a raid in [[Isfahan Province]], "charged with sodomy, drinking alcohol and using psychedelic drugs".<ref name="jerusalempostshotsfired">{{cite news|last1=Weinthal|first1=Benjamin|title=SHOTS FIRED AS IRAN ARRESTS OVER 30 GAY MEN IN VIOLENT RAID|url=http://www.jpost.com/Middle-East/Shots-fired-as-Iran-arrests-over-30-gay-men-in-violent-raid-488419|accessdate=April 21, 2017|work=The Jerusalem Post|date=April 20, 2017}}</ref>


Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.<ref name="SexChange" />{{ref|saf}}
=== Gender identity ===
In Islam, the term ''[[mukhannathun]]'' ("effeminate ones") is used to describe gender-variant people, usually transgender people who are transitioning from male to female. Neither this term nor the equivalent for "eunuch" occurs in the [[Quran]], but the term does appear in the [[Hadith]], the sayings of Muhammad, which have a secondary status to the central text. Moreover, within Islam, there is a tradition on the elaboration and refinement of extended religious doctrines through scholarship.{{citation needed|date=March 2018}}


Iran’s medical and legal endorsement of sex reassignment often pushes individuals who express gender nonconformity or [[same-sex attraction]] toward sex reassignment, framing it as a way to normalize their gender identity in accordance with societal expectations of [[heteronormativity]] (Najmabadi, 2011, p. 534).<ref name=":2" /> If a transsexual individual can avoid committing sins or what it refers to as "same-sex playing" ({{Langx|fa|همجنس‌باز|lit=|translit=hamjinsbâz}}), such as engaging in same-sex acts, they are not required to undergo bodily alterations (Najmabadi, 2014, p. 82).<ref name=":2" /> Several Maraj’e Taghlid have stressed that sex reassignment is not permissible for individuals who are simply cross-dressers or those who engage in same-sex behavior.<ref name=":2" /> Hujatal Islam Kariminia asserts that society is largely unaware of the clear distinction between [[homosexuality]] and [[Transsexual|transsexuality]], comparing the gap between the two to the "Great Wall of China" (Najmabadi, 2014, p. 185).<ref name=":2" />
While Iran has outlawed homosexual activity, Iranian [[Shia Islam|Shia]] thinkers such as Ayatollah [[Ruhollah Khomeini]] have allowed for transsexuals to reassign their sex so that they can enter heterosexual relationships. This position has been confirmed by the current [[Supreme Leader of Iran]], Ayatollah [[Ali Khamenei]], and is also supported by many other Iranian clerics. The state will pay a portion of the cost for a gender reassignment operation.{{citation needed|date=March 2018}}


[[Tanaz Eshaghian]]'s 2008 documentary ''[[Be Like Others]]'' highlighted this.<ref name="SexChange" /> The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in [[Tehran]]. The film was featured at the [[Sundance Film Festival]] and the [[Berlin International Film Festival]], winning three awards.<ref>{{cite journal|last=Blizek|first=William L.|date=April 2008|title=Report from Sundance 2008: Religion in Independent Film|url=http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm#be|journal=[[Journal of Religion and Film]]|volume=12|issue=1|author2=Ruby Ramji|access-date=1 March 2008|archive-url=https://web.archive.org/web/20080210040115/http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm|archive-date=February 10, 2008 <!--DASHBot-->}}</ref> Sarah Farizan's novel ''[[If You Could Be Mine]]'' explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female.
Since the mid-1980s, the Iranian government has legalized the practice of [[sex reassignment surgery]] (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a [[fatwa]] allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|title=Iran's 'diagnosed transsexuals'|last=Barford|first=Vanessa|date=25 February 2008|publisher=BBC|accessdate=1 March 2008|archiveurl=https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|archivedate=February 29, 2008 <!--DASHBot-->|deadurl=no}}</ref><ref>{{cite news|url=http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html |title=Film – Iran's gay plan |publisher=CBC News |date=August 26, 2008 |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20100222091444/http://www.cbc.ca/arts/film/story/2008/08/26/f-homosexuality-iran-sex-change.html |archivedate=February 22, 2010 }}</ref> This religious decree was first issued for [[Maryam Khatoon Molkara]], who has since become the leader of an Iranian transsexual organization. Hojatoleslam Kariminia, a mid-level Islamic cleric in Iran, is another advocate for transsexual rights, having called publicly for greater respect for the rights of Iranian transsexuals. However, transsexuality is still a taboo topic within Iranian society, and no laws exist to protect post-operative transsexuals from discrimination.


As a result of Khomeini's policies, Iran is now ranked second only to Thailand in performing the most sex reassignment surgeries (Halasa, 2009).<ref name=":0" /> Nevertheless, despite this allowance, homosexuality in Iran remains a crime punishable by death.<ref name=":0" />
Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.<ref name=SexChange/>{{ref|saf}} [[Tanaz Eshaghian]]'s 2008 documentary ''[[Be Like Others]]'' highlighted this.<ref name=SexChange/> The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in [[Tehran]]. The film was featured at the [[Sundance Film Festival]] and the [[Berlin International Film Festival]], winning three awards.<ref>{{cite journal|last=Blizek|first=William L.|date=April 2008|title=Report from Sundance 2008: Religion in Independent Film|url=http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm#be|journal=[[Journal of Religion and Film]]|volume=12|issue=1|author2=Ruby Ramji|accessdate=1 March 2008|archiveurl=https://web.archive.org/web/20080210040115/http://www.unomaha.edu/jrf/vol12no1/sundance_2008.htm|archivedate=February 10, 2008 <!--DASHBot-->}}</ref> Sarah Farizan's novel ''If You Could Be Mine'' explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female.


Trans men and trans women are treated differently from each other in Iranian society. Trans men are more visible socially and are able to find acceptance in society more easily than trans women, who are often misgendered and put in the same category as gay men.<ref>{{Cite journal |last=Saeidzadeh |first=Zara |date=2020-04-02 |title="Are trans men the manliest of men?" Gender practices, trans masculinity and mardānegī in contemporary Iran |journal=Journal of Gender Studies |language=en |volume=29 |issue=3 |pages=295–309 |doi=10.1080/09589236.2019.1635439 |s2cid=199145725 |issn=0958-9236|doi-access=free }}</ref>
== Family and relationships ==
[[Same-sex marriage]] and [[civil union]] are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in who, and when, their children marry and even what profession they chose.<ref name="cultureofiran.com">[https://web.archive.org/web/20030201202558/http://www.cultureofiran.com/Patriarchy.php]</ref> Few LGBT Iranians [[Coming out|come out]] to family for the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of [[sexual orientation]] or [[gender identity]].{{citation needed|date=March 2018}}


== Blood donation ==
Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals.<ref name="cultureofiran.com" /> In 2004, an independent film was released, directed by [[Maryam Keshavarz]], that examined the changing mores of Iranian youth when it comes to sex and dating.<ref>{{cite web |url=http://www.tiburonfilmfestival.com/filmInfo.php?film_id=4564 |title=The Color of Love (Range Eshgh) |publisher=Tiburon International Film Festival |date=March 26, 2007 |accessdate=October 22, 2010}}</ref>


Homosexuals and bisexuals are [[Blood donation restrictions on men who have sex with men|banned from donating blood]] in Iran. The ban also extends to lesbians. {{citation needed|date=February 2022}}
Gay Iranian couples are often afraid to be seen together
<ref>{{cite web|author=Fozoole Mahaleh |url=http://www.fozoolemahaleh.com/2010/12/05/هم-جنس-بازی-دلبستگی-دو-انسان-و-طبیعی-است |title=آیا هم جنس گرایی، یک بیماری است و یا یک نوع علاقه و دلبستگی میان دو انسان؟ |language=fa |trans-title=
Sexism, a disease or a type of interest between two people? |publisher=FozooleMahaleh.com |date= |accessdate=December 5, 2010}}</ref> in public, and report that [[LGBT]] people were widely stereotyped as being sex-obsessed child molesters, rapists, and diseased ridden degenerates.<ref>{{cite web|author=Arsham Parsi |url=http://gayrepublic.org/index.php?name=News&file=article&sid=1787&lead=1 |title=Interview with Iranian Gay Couple |publisher=Gay Republic Daily |date=September 7, 2007 |accessdate=October 22, 2010}}</ref> A popular Iranian derogatory slur against is that of a, "evakhahar", typically a very effeminate gay man who seeks casual sex in public.<ref name="ReferenceA">[http://gaycitynews.com/site/index.cfm?newsid=18383191&BRD=2729&PAG=461&dept_id=568864&rfi=8] {{webarchive|url=https://web.archive.org/web/20080330185427/http://gaycitynews.com/site/index.cfm?newsid=18383191&BRD=2729&PAG=461&dept_id=568864&rfi=8|date=March 30, 2008}}</ref>


== Censorship ==
== Censorship ==
{{See also|Censorship in Iran}}
In 2002, a book entitled ''Witness Play'' by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable [[Persian literature|Persian]] writers were homosexuals or bisexuals.<ref>{{cite news |publisher=Iran News |title=Book on homosexuality ordered off shelves}}</ref>
In 2002, a book entitled ''Witness Play'' by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable [[Persian literature|Persian]] writers were homosexuals and bisexuals.<ref>{{cite news |publisher=Iran News |title=Book on homosexuality ordered off shelves}}</ref>


In 2004, the government in Iran loaned an Iranian collection of artwork that was locked away since the 1979 Revolution by the Tate Britain gallery for six months. The artwork included explicit homoerotic artwork by [[Francis Bacon (artist)|Francis Bacon]] and the government in Iran stated that upon its return, it would also be put on display in Iran.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article8 |title= |publisher= |date= |accessdate=2013-11-02 |deadurl=yes |archiveurl=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html |archivedate=April 8, 2009 }}</ref>
In 2004, the [[Tehran Museum of Contemporary Art]] loaned a collection of artwork that formerly belonged to [[Shah]] [[Mohammed Reza Pahlavi]] that had been locked away since the [[1979 Iranian Revolution|Revolution in 1979]] to the [[Tate Britain]]. The artwork included explicit homoerotic artwork by [[Francis Bacon (artist)|Francis Bacon]] and the government in Iran stated that upon its return, it would also be put on display in Iran.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article8|title=Gay Iran News & Reports 1997-2004|access-date=2013-11-02|archive-url=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html|archive-date=April 8, 2009|url-status=dead}}</ref>


In 2005, the Iranian [[Iranian Reformists|Reformist]] paper ''[[Shargh]]'' was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body".<ref name="globalgayz.com">{{cite news|url=http://www.globalgayz.com/iran-news07-02.html#article7 |title= |publisher= |date= |accessdate=2013-11-02 |deadurl=yes |archiveurl=https://web.archive.org/web/20090314002508/http://www.globalgayz.com/iran-news07-02.html |archivedate=March 14, 2009 }}</ref> The conservative paper ''[[Kayhan]]'' attacked the interview and the paper, "Shargh has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality."<ref name="globalgayz.com" /> To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."<ref name="globalgayz.com" />
In 2005, the Iranian [[Iranian Reformists|Reformist]] paper ''[[Shargh]]'' was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body".<ref name="globalgayz.com">{{cite news|url=http://www.globalgayz.com/iran-news07-02.html#article7|title=Gay Iran News and Reports Jun-Dec 2007|access-date=2013-11-02|archive-url=https://web.archive.org/web/20090314002508/http://www.globalgayz.com/iran-news07-02.html|archive-date=March 14, 2009|url-status=dead}}</ref> The conservative paper ''[[Kayhan]]'' attacked the interview and the paper, "[[Shargh]] has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality."<ref name="globalgayz.com" /> To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."<ref name="globalgayz.com" />

== Violence ==



In May 2021, a 20-year-old Iranian, [[Killing of Ali Fazeli Monfared|Ali Monfared]], was murdered, allegedly by his half-brother and cousins, days after the military mailed him a document exempting him from military service because of his sexual orientation.<ref name="Tuysuz">{{Cite web|last=Tuysuz|first=Gul|date=15 May 2021|title=A card exempted a gay man from serving in Iran's military. It may have cost him his life|url=https://www.cnn.com/2021/05/15/middleeast/alireza-fazeli-monfared-iran-death-intl/index.html|access-date=2021-05-15|website=CNN}}</ref>

LGBT Iranians have fled Iran in recent years hoping to gain asylum in Europe.<ref>{{Cite web|title=Who Was Ali Fazeli Monfared? Man Allegedly Beheaded by His Family for Being Gay|url=https://www.newsweek.com/man-allegedly-beheaded-family-being-gay-iran-1590822|access-date=2021-05-15|website=Newsweek|date=May 12, 2021}}</ref>


== Exiled political parties and groups ==
== Exiled political parties and groups ==
The government in Iran does not allow a political party or organization to endorse LGB rights. Vague support for LGB rights in Iran has fallen to a handful of exiled political organizations.
The government in Iran does not allow a political party or organization to endorse LGBT rights. Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations.


The [[Green Party of Iran]] has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".<ref>{{cite web|url=http://www.iran-e-sabz.org/program/program.html#equal%20rights |title=Green Party of Iran Platform |publisher=Green Party of Iran |date= |accessdate=October 22, 2010}}</ref>
The [[Green Party of Iran]] has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".<ref>{{cite web|url=http://www.iran-e-sabz.org/program/program.html#equal%20rights |title=Green Party of Iran Platform |publisher=Green Party of Iran |access-date=October 22, 2010}}</ref>


The [[Worker Communist Party of Iran]] homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".<ref>{{cite web|url=http://www.wpiran.org/English/english.htm |title=Worker-communist Party of Iran |publisher=Wpiran.org |date= |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20100224072700/http://www.wpiran.org/English/english.htm |archivedate=February 24, 2010 }}</ref>
The [[Worker Communist Party of Iran]] homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".<ref>{{cite web|url=http://www.wpiran.org/English/english.htm |title=Worker-communist Party of Iran |publisher=Wpiran.org |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100224072700/http://www.wpiran.org/English/english.htm |archive-date=February 24, 2010 }}</ref>


The leftist [[Worker's Way]], the liberal [[Glorious Frontiers Party]], and the center-right [[Constitutionalist Party of Iran]] have all expressed support for the separation of religion and the state, which might promote LGBT rights.
The leftist [[Worker's Way]], the liberal [[Glorious Frontiers Party]], and the center-right [[Constitutionalist Party of Iran]] have all expressed support for the separation of religion and the state, which might promote LGBT rights.
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== LGBT rights movement ==
== LGBT rights movement ==
[[File:Boat 15 Iran, Canal Parade Amsterdam 2017 foto 2.JPG|thumb|Boat 15 Iran, 2017 Amsterdam Gay Pride.]]
[[File:Boat 15 Iran, Canal Parade Amsterdam 2017 foto 2.JPG|thumb|Boat 15 Iran, 2017 Amsterdam Gay Pride.]]
In 1972, scholar Saviz Shafai gave a public lecture on homosexuality at the [[Shiraz University]] and in 1976 would research sexual orientation and gender issues at [[Syracuse University]]. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article1 |title=Gay Iran News & Reports 1997-2004 |publisher= |date= |accessdate=2013-11-02 |deadurl=yes |archiveurl=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html |archivedate=April 8, 2009}}</ref>
In 1972, scholar [[Saviz Shafaie]] gave a public lecture on homosexuality at [[Shiraz University|Pahlavi University]] and in 1976 would research sexual orientation and gender issues at [[Syracuse University]]. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000.<ref>{{cite news|url=http://www.globalgayz.com/iran-news97-04.html#article1 |title=Gay Iran News & Reports 1997-2004 |access-date=2013-11-02 |url-status=dead |archive-url=https://web.archive.org/web/20090408045630/http://globalgayz.com/iran-news97-04.html |archive-date=April 8, 2009}}</ref>


In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by [[Arsham Parsi]], a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "[[Iranian Railroad for Queer Refugees]]" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGB rights movement in Iran.<ref>{{cite web|url=https://www.youtube.com/watch?v=Mu_tiFZjNQY |archive-url=https://web.archive.org/web/20160317042859/https://www.youtube.com/watch?v=Mu_tiFZjNQY |dead-url=yes |archive-date=March 17, 2016 |title=Broadcast Yourself |publisher=YouTube |date= |accessdate=October 22, 2010}}<!-- The uploader has not made this video available in your country. (United States.) --></ref>
In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by [[Arsham Parsi]], a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "[[Iranian Railroad for Queer Refugees]]" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran.<ref>{{cite web|url=https://www.youtube.com/watch?v=Mu_tiFZjNQY |archive-url=https://web.archive.org/web/20160317042859/https://www.youtube.com/watch?v=Mu_tiFZjNQY |url-status=dead |archive-date=March 17, 2016 |title=Broadcast Yourself |publisher=YouTube |access-date=October 22, 2010}}<!-- The uploader has not made this video available in your country. (United States.) --></ref>


Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Ali mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Ali currently resides in San Francisco, California, which hosts a prominent gay community.
Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Mafi mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Mafi currently resides in San Francisco, California, which hosts a prominent gay community.


In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles.
In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles.


During protests against the outcome of the [[Iranian presidential election, 2009|Iranian election]] in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights.<ref>{{cite news |author=Nell Frizzell |date=June 19, 2009 |url=http://www.pinknews.co.uk/2009/06/19/president-of-iran-admits-gays-do-exist-in-his-country-as-700-strong-crowd-protests-in-london/ |title=President of Iran admits gays do exist in his country as 700-strong crowd protests in London |publisher=Pink News |accessdate=August 31, 2015}}</ref>
During protests against the outcome of the [[Iranian presidential election, 2009|Iranian election]] in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights.<ref>{{cite news |author=Nell Frizzell |date=June 19, 2009 |url=http://www.pinknews.co.uk/2009/06/19/president-of-iran-admits-gays-do-exist-in-his-country-as-700-strong-crowd-protests-in-london/ |title=President of Iran admits gays do exist in his country as 700-strong crowd protests in London |newspaper=Pink News |access-date=August 31, 2015}}</ref>

In 2010, a group of LGBT activists inside Iran declared a day to be [[Iran Pride Day]]. The day is on the fourth Friday of July and is and celebrated annually in secret.<ref>{{cite news |last1=Morgan |first1=Michaela |title=LGBT+ Iranians are set to celebrate Pride in secret with 'Rainbow Friday' |url=https://www.sbs.com.au/topics/sexuality/agenda/article/2017/07/28/lgbt-iranians-are-set-celebrate-pride-secret-rainbow-friday |work=SBS |date=27 July 2017}}</ref>


As of 2012, [[OutRight Action International]] develops an online resource for [http://iran.outrightinternational.org/ LGBTIQ Iranians in Persian].
As of 2012, [[OutRight Action International]] develops an online resource for [http://iran.outrightinternational.org/ LGBTIQ Iranians in Persian].

[[JoopeA]] organized the ''Iran in Amsterdam Pride'' as the ''Iran Boat'' ({{langx|nl|Iraanse Boot}}) in the [[Amsterdam Gay Pride]] festival in 2017 and 2018. The Iran Boat won the ''Best of Pride Amsterdam 2018'' ({{langx|nl|Publieksprijs}}) award.<ref>{{cite news |title=Prijswinnaars Canal Parade bekend, Iraanse boot wint publieksprijs |url=https://www.at5.nl/artikelen/185109/prijswinnaars-canal-parade-bekend-iraanse-boot-wint-publieksprijs |agency=AT5 |date=5 August 2018 |language=nl |quote=De Iraanse boot heeft de publieksprijs van de Canal Parade gewonnen.}}</ref><ref>{{cite news |last1=Bolwijn |first1=Marjon |title='Iedereen mag zijn wie hij wil zijn' tijdens de Canal Parade |url=https://www.volkskrant.nl/nieuws-achtergrond/-iedereen-mag-zijn-wie-hij-wil-zijn-tijdens-de-canal-parade~b1d00898/ |newspaper=[[de Volkskrant]] |date=5 August 2018 |language=nl |quote=Hun (Iraaniers) opvallend ingetogen blauw gekleurde boot won de publieksprijs.}}</ref>

The 2015 graphic novel ''[[Yousef and Farhad]]'', published by [[OutRight Action International]] in [[English language|English]] and [[Persian language|Persian]], explores the relationship between two young Iranian men. The story, produced in collaboration with [[Khalil Bendib|Khalil Bandib]], an American-Algerian political cartoonist, and Amir Soltani, a well-known Iranian-American author who is also the creator of the best-selling graphic novel "Behesht-e Zahra," highlights the struggles for acceptance and aims to foster understanding among families.<ref name=":4">{{Cite web |title=رمان مصور یوسف و فرهاد |trans-title=Visual Romance Yusuf and Farhad |url=https://iran.outrightinternational.org/publication/yusefandfarhad/ |url-status=live |archive-url=https://web.archive.org/web/20240303212416/https://iran.outrightinternational.org/publication/yusefandfarhad/ |archive-date=2024-03-03 |website=[[OutRight Action International]]}}</ref>


== HIV/AIDS ==
== HIV/AIDS ==
Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of [[HIV/AIDS]] have been quite progressive.<ref name="commondreams.org">{{cite web|url=http://www.commondreams.org/headlines06/0414-03.htm |title=Iran's AIDS-prevention Program Among World's Most Progressive |publisher=Commondreams.org |date=April 14, 2006 |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20090314034821/http://www.commondreams.org/headlines06/0414-03.htm |archivedate=March 14, 2009 }}</ref> The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise.<ref name="commondreams.org" />
Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of [[HIV/AIDS]] have been quite progressive.<ref name="commondreams.org">{{cite web|url=http://www.commondreams.org/headlines06/0414-03.htm |title=Iran's AIDS-prevention Program Among World's Most Progressive |publisher=Commondreams.org |date=April 14, 2006 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090314034821/http://www.commondreams.org/headlines06/0414-03.htm |archive-date=March 14, 2009 }}</ref> The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise.<ref name="commondreams.org" />


In 1997, Dr. Arash Alaei and his brother, Kamiar, were given permission to open up a small office for [[HIV/AIDS research]] among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms.<ref name="commondreams.org" /> While there are shortages, medication is given to all Iranian citizens free of charge.
In 1997, Arash Alaei and his brother, Kamiar, were given permission to open up a small office for [[HIV/AIDS research]] among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms.<ref name="commondreams.org" /> While there are shortages, medication is given to all Iranian citizens free of charge.


The Alaei brothers were joined in their educational campaign by Dr. Minoo Mohraz, who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it.<ref>{{cite web|url=http://www.unicef.org/iran/hiv_aids_2029.html |title=Celebrity Football Match Launches Global Campaign in Iran |publisher=UNICEF |date=December 5, 2005 |accessdate=October 22, 2010}}</ref><ref>{{cite web|url=http://hotzone.yahoo.com/b/hotzone/blogs2212 |title=Kevin Sites in the Hot Zone – Video – Yahoo! News |publisher=Hotzone.yahoo.com |date= |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20090112180945/http://hotzone.yahoo.com/b/hotzone/blogs2212 |archivedate=January 12, 2009 }}</ref>
The Alaei brothers were joined in their educational campaign by [[Minoo Mohraz]], who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it.<ref>{{cite web |url=http://www.unicef.org/iran/hiv_aids_2029.html |title=Celebrity Football Match Launches Global Campaign in Iran |publisher=UNICEF |date=December 5, 2005 |access-date=October 22, 2010 |archive-date=July 9, 2018 |archive-url=https://web.archive.org/web/20180709184925/https://www.unicef.org/iran/hiv_aids_2029.html |url-status=dead }}</ref><ref>{{cite web|url=http://hotzone.yahoo.com/b/hotzone/blogs2212 |title=Kevin Sites in the Hot Zone – Video – Yahoo! News |publisher=Hotzone.yahoo.com |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090112180945/http://hotzone.yahoo.com/b/hotzone/blogs2212 |archive-date=January 12, 2009 }}</ref>


In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS.<ref>{{cite web|author=Joe Amon |url=https://www.hrw.org/en/news/2008/07/20/iran-release-detained-hivaids-experts |title=Iran: Release Detained HIV/AIDS Experts |publisher=Human Rights Watch |date=July 20, 2008 |accessdate=October 22, 2010}}</ref> The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.<ref>{{cite web |url=http://www.iranfreethedocs.org |title=Freed! |publisher=Physicians for Human Rights}}{{failed verification|reason=Link is to blog home page; the specifics are probably in a blog posting here|date=August 2015}}<!-- please set the title and date when correct entry found --></ref>
In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS.<ref>{{cite web|author=Joe Amon |url=https://www.hrw.org/en/news/2008/07/20/iran-release-detained-hivaids-experts |title=Iran: Release Detained HIV/AIDS Experts |publisher=Human Rights Watch |date=July 20, 2008 |access-date=October 22, 2010}}</ref> The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.<ref>{{cite web |url=http://www.iranfreethedocs.org |title=Freed! |publisher=Physicians for Human Rights}}{{failed verification|reason=Link is to blog home page; the specifics are probably in a blog posting here|date=August 2015}}<!-- please set the title and date when correct entry found --></ref>


In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher.<ref>{{cite news |agency=Agence France Presse |url=http://www.thebody.com/content/art49072.html |title=Iran Reports 30 Percent Rise in HIV Infection on 2007 |publisher=The Body |date=October 20, 2008 |accessdate=October 22, 2010}}</ref> Officially, drug addiction is the most common way that Iranians become infected.
In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher.<ref>{{cite news |agency=Agence France Presse |url=http://www.thebody.com/content/art49072.html |title=Iran Reports 30 Percent Rise in HIV Infection on 2007 |publisher=The Body |date=October 20, 2008 |access-date=October 22, 2010}}</ref> Officially, drug addiction is the most common way that Iranians become infected.


While educational programs exist for prostitutes and drug addicts, no educational campaign for LGB has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs [for gays]".<ref>{{cite web|author=Post a Comment |url=http://www.internationalreportingproject.org/stories/detail/574/ |title=Stories – Iran tackles AIDS head-on — International Reporting Project |publisher=International Reporting Project |date=December 31, 2004 |accessdate=October 22, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20090817225842/http://www.internationalreportingproject.org/stories/detail/574/ |archivedate=August 17, 2009 }}</ref>
While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT people has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs [for gays]".<ref>{{cite web|url=http://www.internationalreportingproject.org/stories/detail/574/ |title=Stories – Iran tackles AIDS head-on — International Reporting Project |publisher=International Reporting Project |date=December 31, 2004 |access-date=October 22, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090817225842/http://www.internationalreportingproject.org/stories/detail/574/ |archive-date=August 17, 2009 }}</ref>


== Asylum cases ==
== Asylum cases ==
The consequences of a same-sex relationship deemed a punishable crime or even death in Iran, results in a toil that forces many LGBT people to seek asylum in countries where the life situation is better. Many LGBT individuals seek refugee status from the UNHCR to be resettled in Australia, Canada, or the United States.<ref>{{Cite book|last=Aḥmadī|first=Kāmīl|url=https://www.worldcat.org/oclc/1289179482|title=The forbidden tale : a comprehensive research on LGBT in Iran|date=2021|publisher=Avaye Buf|others=Marziye Nekookar, Samaneh Maddah, Mohammad Hosseini|isbn=978-87-93926-90-5|oclc=1289179482}}</ref>
Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations. However, most attempts by gay Iranians to seek asylum in a foreign country based on the government's anti-gay policies have failed, considering its policies are mild compared to U.S. allies such as Saudi Arabia.{{citation needed|date=March 2018}}


Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations.
In 2001, the [[United Nations High Commissioner for Human Rights]] rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity.<ref>[http://www.hri.ca/fortherecord2003/documentation/tbodies/cat-c-30-d-190-2001.htm For The Record 2003 – United Nations – Treaty Bodies Database – Document – Jurisprudence – Netherlands] {{webarchive |url=https://web.archive.org/web/20150402163831/http://www.hri.ca/fortherecord2003/documentation/tbodies/cat-c-30-d-190-2001.htm |date=April 2, 2015 }}</ref> Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful.


In 2001, the [[United Nations High Commissioner for Human Rights]] rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity.<ref>{{Cite web|url=https://hri.ca/archives/|archive-url=https://web.archive.org/web/20150402163831/http://www.hri.ca/fortherecord2003/documentation/tbodies/cat-c-30-d-190-2001.htm|url-status=dead|title=The Universal Periodic Review|archive-date=April 2, 2015}}</ref> Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful.
In 2005, the [[Japanese government]] rejected an asylum plea from another Iranian gay man. That same year, the [[Swedish government]] also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regard to Iranians claiming to be victims of the anti-gay policies in Iran.

In 2005, the [[Japanese government]] rejected an asylum plea from another Iranian gay man. That same year, the [[Swedish government]] also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regards to Iranians claiming to be victims of the anti-gay policies in Iran.


In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister [[Rita Verdonk]] said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.<ref>[http://hrw.org/english/docs/2006/10/19/nether14428.htm Netherlands: Asylum Rights Granted to Lesbian and Gay Iranians]; October 26, 2006. Retrieved August 13, 2007. {{webarchive |url=https://web.archive.org/web/20081112025806/http://hrw.org/english/docs/2006/10/19/nether14428.htm |date=November 12, 2008 }}</ref>
In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister [[Rita Verdonk]] said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.<ref>[http://hrw.org/english/docs/2006/10/19/nether14428.htm Netherlands: Asylum Rights Granted to Lesbian and Gay Iranians]; October 26, 2006. Retrieved August 13, 2007. {{webarchive |url=https://web.archive.org/web/20081112025806/http://hrw.org/english/docs/2006/10/19/nether14428.htm |date=November 12, 2008 }}</ref>


The United Kingdom came under fire for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of [[Kiana Firouz]]<ref>{{cite web|url=http://www.everyonegroup.com/EveryOne/MainPage/Entries/2010/6/18_Refugees._EveryOne_Group__Kiana_Firouz,_has_been_granted_permission_to_remain_in_the_UK.html |title=Refugees. EveryOne Group: Kiana Firouz, has been granted permission to remain in the UK |publisher=Everyonegroup.com |date=June 18, 2010 |accessdate=2013-11-02}}</ref> and [[Mehdi Kazemi]].<ref>{{cite web|last=Canning |first=Paul |url=http://madikazemi.blogspot.com/2008/04/mehdi-kazemi-on-his-way-back-dutch-we.html |title=Mehdi Kazemi: On his way back : Dutch "We have confidence in a good outcome" |publisher=LGBT Asylum News |date=2008-04-03 |accessdate=2013-11-02}}</ref>
The United Kingdom came under fire{{When|date=March 2022}} for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of [[Kiana Firouz]]<ref>{{cite web |url=http://www.everyonegroup.com/EveryOne/MainPage/Entries/2010/6/18_Refugees._EveryOne_Group__Kiana_Firouz,_has_been_granted_permission_to_remain_in_the_UK.html |title=Refugees. EveryOne Group: Kiana Firouz, has been granted permission to remain in the UK |publisher=Everyonegroup.com |date=June 18, 2010 |access-date=2013-11-02 |archive-date=October 21, 2018 |archive-url=https://web.archive.org/web/20181021112348/http://www.everyonegroup.com/EveryOne/MainPage/Entries/2010/6/18_Refugees._EveryOne_Group__Kiana_Firouz,_has_been_granted_permission_to_remain_in_the_UK.html |url-status=dead }}</ref> and [[Mehdi Kazemi]].<ref>{{cite web|last=Canning |first=Paul |url=http://madikazemi.blogspot.com/2008/04/mehdi-kazemi-on-his-way-back-dutch-we.html |title=Mehdi Kazemi: On his way back : Dutch "We have confidence in a good outcome" |publisher=LGBT Asylum News |date=2008-04-03 |access-date=2013-11-02}}</ref>


== Views of the government on homosexuality ==
== Views of the government on homosexuality ==
Iran's state media have shown their hatred toward homosexuality on many occasions, and no press or other media outlet in Iran is allowed to support LGB rights. In particular, ''[[Mashregh News]]'', a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment".<ref>{{cite web |url=https://www.mashreghnews.ir/amp/144874/ |title=آشنایی با ابعاد آشکار و پنهان ترویج همجنس بازی در جهان |trans-title="Understanding the Evident and Hidden Dimensions of the Promotion of Homophilia in the World" |work=Mashregh News |access-date=April 6, 2018}}</ref> However, the official website of [[Press TV]], an English-language TV news channel owned by the [[Islamic Republic of Iran Broadcasting]], formerly had a written policy that banned homophobic comments.<ref>{{cite web |url=http://www.presstv.ir/CommentPolicy.html |website=presstv.ir |title=Comment Policy |access-date=July 15, 2014 |archive-url=https://web.archive.org/web/20140226235621/http://www.presstv.ir/CommentPolicy.html |archive-date=February 26, 2014}}</ref>
Iran's state media have shown hatred toward homosexuals on many occasions. In particular, ''[[Mashregh News]]'', a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment".<ref>{{cite web |url=https://www.mashreghnews.ir/amp/144874/ |script-title=fa:آشنایی با ابعاد آشکار و پنهان ترویج همجنس بازی در جهان |trans-title=Understanding the Evident and Hidden Dimensions of the Promotion of Homophilia in the World |work=Mashregh News |access-date=April 6, 2018}}</ref>

In October 2007, the then President of Iran [[Mahmoud Ahmadinejad]], speaking to [[Columbia University]], stated that "In Iran, we don't have homosexuals", though his spokesperson later stated that his comments were misunderstood.<ref>{{cite web |url=https://www.foxnews.com/story/ahmadinejad-says-comments-about-gays-were-misunderstood/ |title=Ahmadinejad Says Comments About Gays Were Misunderstood |publisher=Fox News |date=October 30, 2007 |access-date=August 31, 2015}}</ref>

In a November 2007 meeting with his British counterpart, Iranian member of parliament, Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, "if homosexual activity is in private there is no problem, but those in overt activity should be executed".<ref name="auto"/>

In a March 2013 interview on the state television, Iran's secretary of [[High Council for Human Rights]], [[Mohammad-Javad Larijani]] called homosexuality an "illness" while denying the persecution of gay people in Iran. He stated that "Promoting homosexuality is illegal and we have strong laws against it. ... We consider homosexuality an illness that should be cured. We don't consider it acceptable to beat or mistreat homosexuals, either. ... [Homosexuality] is considered as a norm in the west and they are forcing us to accept it. We are strongly against this."<ref>{{cite news |url=https://www.theguardian.com/world/iran-blog/2013/mar/14/iran-official-homosexuality-illness |title=Iranian human rights official describes homosexuality as an illness |first=Saeed |last=Kamali Dehghan |publication-date=14 March 2013 |access-date=24 February 2021 |work=The Guardian}}</ref> This narrative matches the same [[LGBT rights in Bahrain|anti-gay narrative in Bahrain]], also amongst the [[Ajam of Bahrain|Iranians of Bahrain]], and the dominant [[LGBT rights in the Middle East|narrative in islamic-coded/majority countries]], besides Israel, Jordan, and Turkey.

The [[Chief Justice of Iran]], [[Sadeq Larijani]] at a 2014 conference in Tehran denied the execution of gay people in Iran, stating "That they say we execute homosexuals is not more than a lie. ... We do not provide these people with opportunity, but what they say that we hang them is a lie that they have fabricated for the Islamic Republic."<ref>{{cite news |url=https://www.farsnews.ir/en/news/13930520001541 |title=Judiciary Chief Refutes Claims on Iran Executing Homosexuals as Sheer Lie |work=Fars News Agency |publication-date=11 August 2014 |access-date=24 February 2021}}</ref>

In June 2019, in a press conference held in [[Tehran]] between [[Mohammad Javad Zarif]] [[List of Ministers of Foreign Affairs of Iran|Minister of Foreign Affairs]] and [[Heiko Maas]] [[Minister for Foreign Affairs (Germany)|Minister of Foreign Affairs]], openly gay German journalist [[Paul Ronzheimer]] of the tabloid ''[[Bild]]'' asked Zarif "Why are homosexuals executed in Iran because of their sexual orientation?", to which Zarif seem to affirm that execution of gay people takes place by saying that his "society has principles. And we live according to these principles. These are moral principles concerning the behavior of the people in general, and that means that the law is respected and the law is obeyed."<ref>{{Cite news|url=https://www.jpost.com/Middle-East/Irans-FM-affirms-right-to-execute-gays-and-blasts-US-and-Israel-592055|title=Iran's FM affirms right to execute gays and blasts U.S. and Israel - Middle East|work=The Jerusalem Post}}</ref><ref>{{cite news|url=https://www.foxnews.com/world/javad-zarif-paul-ronzheimer-iran-death-penalty-homosexuals|title=Openly gay reporter presses Iran's top diplomat on death penalty for homosexuals|first=Hollie|last=McKay|date=12 June 2019|website=Fox News}}</ref><ref>{{cite news|url=https://www.dw.com/en/iran-defends-execution-of-gay-people/a-49144899|title=Iran defends execution of gay people|last=Walsh|first=Alistair|date=12 June 2019|website=Deutsche Welle}}</ref>

== Terms ==

* Hamjinsbaaz ({{Langx|fa|همجنس‌باز|lit=|translit=hamjinsbâz}}): This word is a compound word with prefix "ham" (same) and suffix "bâz" (player) added to the word jins (sex), which is translated into English as "same-sex player."<ref name=":2" /> This term is considered more derogatory than medical or social.{{citation needed|date=March 2018}}
* Hamjinsgaraa ({{Langx|fa|همجنسگرا|lit=|translit=hamjinsgaraa}}): This is a different word for homosexuals (gays), with a different suffix garaa (desire) that can be translated to English as same-sex desire (homosexuality), it is used mainly for homosocial.<ref name=":2" />
* Tarajinsi ({{Langx|fa|تراجنسی|lit=|translit=tarajinsi}}): is a relatively new term that has emerged in contemporary Iranian linguistic culture to refer to transsexual individuals. The prefix "tara" serves as an equivalent for "[[trans]]" in English, and when combined with the adjective "jinsi" (meaning "sexual"), it translates to "[[transsexual]]." Participants in this study generally understand "tarajinsi" as someone who is willing to undergo sex change surgery.

== Media related to LGBTQ in Iran ==
Movies & Films:
* ''[[Be Like Others]]'' directed by [[Tanaz Eshaghian]].<ref name="BBC">{{cite news|last=Barford|first=Vanessa|date=25 February 2008|title=Iran's 'diagnosed transsexuals'|publisher=BBC|url=http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|url-status=live|archive-url=https://web.archive.org/web/20080229004936/http://news.bbc.co.uk/1/hi/world/middle_east/7259057.stm|archive-date=29 February 2008|accessdate=1 March 2008}}</ref>
* ''[[Circumstance (2011 film)|Circumstance]]'' directed by [[Maryam Keshavarz]]
* ''[[Facing Mirrors]]'' directed by Negar Azarbayjani<ref>{{cite news|title=FACING MIRRORS|work=thefilmcollaborative|url=http://www.thefilmcollaborative.org/films/facingmirrors}}</ref>
* ''I don't like her'' directed by [[Javad Daraei]]<ref>{{cite news|title=I Don't Like Her|work=QueerBee Films|url=https://www.queerbee.org/programs/i-dont-like-hermov|access-date=September 27, 2021|archive-date=September 29, 2022|archive-url=https://web.archive.org/web/20220929081016/https://www.queerbee.org/programs/i-dont-like-hermov|url-status=dead}}</ref><ref>{{cite news|title=I DON'T LIKE HER (Iran) – Directed by Javad daraei|work=qfest|url=http://qfestnj.org/categories/short-film/}}</ref>
* ''[[Opponent (film)|Opponent]]'' directed by Milad Alami<ref>{{cite news|title=Opponent|work=Ape&Bjørn, Tangy|url=https://www.norden.org/en/nominee/opponent-sweden}}</ref>
* ''[[White Paper (film)|White Paper]]'' directed by [[Seyed Mohsen Pourmohseni Shakib]].<ref>{{cite web|date=2011-09-24|title=LGBT|url=http://www.southtexasundergroundfilm.com/lgbt/|archive-url=https://archive.today/20120910184018/http://www.southtexasundergroundfilm.com/lgbt/|url-status=dead|archive-date=September 10, 2012|publisher=South Texas Underground Film|accessdate=2012-05-14}}</ref>
Documentaris:

* Iranian, Gay and seeking Asylum (2009), short film.<ref>{{Cite web |date=2011-04-11 |title=Iranian, Gay & Seeking Asylum (2009) - Short Film |url=https://www.traileraddict.com/iranian-gay-seeking-asylum/short-film |access-date=2024-10-03 |website=Trailer Addict |language=en-US}}</ref>

[[Visual novel|Visual Novels]]:


* ''[[Yousef and Farhad]]'' (2015)'', a [[gay romance]], [[Romance novel|romance visual novel]]'' by [[Khalil Bendib]] and Amir Soltani.<ref name=":4" />
In 2007, former president of Iran [[Mahmoud Ahmadinejad]], speaking to [[Columbia University]], stated that "In Iran, we don't have homosexuals", though a spokesperson later stated that his comments were misunderstood.<ref>{{cite web |url=http://www.foxnews.com/story/2007/10/30/ahmadinejad-says-comments-about-gays-were-misunderstood.html |title=Ahmadinejad Says Comments About Gays Were Misunderstood |work=Fox News |date=October 30, 2007 |access-date=August 31, 2015}}</ref>


== Human rights reports ==
== Human rights reports ==
===United States Department of State===
===United States Department of State===
====Country Reports on Human Rights Practices of 2017====
====Country Reports on Human Rights Practices of 2017====

<blockquote>'''Children'''<br />The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.<ref name="IRAN 2017 HUMAN RIGHTS REPORT" /></blockquote>
<blockquote>'''Children'''<br />The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.<ref name="IRAN 2017 HUMAN RIGHTS REPORT" /></blockquote>


Line 167: Line 249:
The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.
The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.


The law requires all male citizens over age 18 to serve in the military but exempts gay and transgender women, who are classified as having mental disorders. New military identity cards listed the subsection of the law dictating the exemption.
The law requires all male citizens over age 18 to serve in the military, but exempts gay men and transgender individuals, who are classified as having mental disorders.<ref>{{cite web|url=https://www.nbcnews.com/feature/nbc-out/gay-iranian-man-dead-alleged-honor-killing-rights-group-says-n1266995|title=Gay Iranian man dead in alleged 'honor killing,' rights group says |website=[[NBC News]] |date=May 11, 2021 }}</ref> New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified the individuals as gay or transgender and put them at risk of violence and discrimination.


The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.<ref name="IRAN 2017 HUMAN RIGHTS REPORT">{{cite web|url=https://www.state.gov/documents/organization/277485.pdf|archive-url=https://web.archive.org/web/20180420184105/https://www.state.gov/documents/organization/277485.pdf|url-status=dead|archive-date=2018-04-20|title=IRAN 2017 HUMAN RIGHTS REPORT }}</ref></blockquote>
According to 6Rang this practice identified the men as gay or transgender and put them at risk of physical abuse and discrimination.

The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGB persons to undergo gender reassignment surgery.<ref name="IRAN 2017 HUMAN RIGHTS REPORT">[https://www.state.gov/documents/organization/277485.pdf IRAN 2017 HUMAN RIGHTS REPORT ]</ref></blockquote>


== Summary table ==
== Summary table ==
Line 177: Line 257:
|-
|-
! style="width: 400px;" | Right
! style="width: 400px;" | Right
! Legal status
! Yes/No
! Notes
! Notes
|-
|-
| Same-sex sexual activity legal
| Same-sex sexual activity legal
| [[File:X mark.svg|15px|No]]
| [[File:Skull and crossbones.svg|15px|No]]
| Imprisonment, [[corporal punishment]], [[capital punishment|execution]].
| Punishments include imprisonment, [[corporal punishment]], [[capital punishment in Iran|execution]], lashings, fines<ref name="Tuysuz"/>
|-
|-
| Equal age of consent
| Equal age of consent
Line 200: Line 280:
|
|
|-
|-
| Same-sex marriages
| [[Same-sex marriage]]
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
|-
|-
| Recognition of same-sex couples
| [[Civil union|Recognition of same-sex couples]] (e.g. unregistered cohabitation, life partnership)
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
|-
|-
| Step-child adoption by same-sex couples
| [[Stepfamily|Stepchild adoption]] by same-sex couples
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
Line 216: Line 296:
|
|
|-
|-
| Gays and lesbians allowed to serve openly in the military
| LGBT allowed to serve openly in the military
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
| Based on Article 33 of the army's medical exemption regulations, "moral and sexual deviancy, such as transsexuality" is considered to be grounds for a medical exemption from the military service, which is mandatory for eligible male individuals over 18.<ref name="justice">{{cite web |url=https://www.justice.gov/sites/default/files/pages/attachments/2015/12/07/irn104809.e.pdf |title=Iran: Military service, including recruitment age, length of service, reasons for exemption, the possibility of performing a replacement service and the treatment of people who refuse military service by authorities; whether there are sanctions against conscientious objectors |date=March 28, 2014 |work=United States Department of Justice}}</ref> According to Human Rights Watch, in order to "prove" their sexual orientation or gender identity, men seeking a military exemption on that basis would be required to undergo "numerous" "humiliating" physical and psychological tests, which may be costly, and they may also encounter administrative barriers, such as "few doctors" to perform such tests and doctors that refuse to perform them without parental accompaniment.<ref name="justice"/>
| Based on Article 33 of the army's medical exemption regulations, "moral and sexual deviancy, such as transsexuality" is considered to be grounds for a medical exemption from the military service, which is mandatory for eligible male individuals over 18.<ref name="justice">{{cite web |url=https://www.justice.gov/sites/default/files/pages/attachments/2015/12/07/irn104809.e.pdf |title=Iran: Military service, including recruitment age, length of service, reasons for exemption, the possibility of performing a replacement service and the treatment of people who refuse military service by authorities; whether there are sanctions against conscientious objectors |date=March 28, 2014 |work=United States Department of Justice |access-date=April 5, 2018 |archive-date=March 3, 2017 |archive-url=https://web.archive.org/web/20170303040119/https://www.justice.gov/sites/default/files/pages/attachments/2015/12/07/irn104809.e.pdf |url-status=dead }}</ref> According to Human Rights Watch, in order to "prove" their sexual orientation or gender identity, men seeking a military exemption on that basis would be required to undergo "numerous" "humiliating" physical and psychological tests, which may be costly, and they may also encounter administrative barriers, such as "few doctors" to perform such tests and doctors that refuse to perform them without parental accompaniment.<ref name="justice"/>
|-
|-
| Right to change legal gender
| Right to change legal gender
| [[File:Yes check.svg|15px|Yes]]
| [[File:Yes check.svg|15px|Yes]]
| Applied through a [[sex reassignment surgery]].
| [[Sex reassignment surgery]] required.
|-
|-
| Access to IVF for lesbians
| Access to [[In vitro fertilisation|IVF]] for lesbians
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
|-
|-
| [[Conversion therapy]] banned
| Commercial surrogacy for gay male couples
| [[File:X mark.svg|15px|No]]
|
|-
| Commercial [[surrogacy]] for gay male couples
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
|-
|-
| [[Men who have sex with men|MSM]] allowed to donate blood
| [[Men who have sex with men|MSM]] allowed to donate blood
| [[File:X mark.svg|15px|No]]
|
|-
| Female sex partners of [[Men who have sex with men|MSMs]] allowed to donate blood
| [[File:X mark.svg|15px|No]]
| [[File:X mark.svg|15px|No]]
|
|
Line 238: Line 326:


== See also ==
== See also ==
{{Portal|LGBT|Iran|Human rights}}
{{Portal|LGBTQ|Iran}}


*[[Human rights in Iran]]
* [[LGBT rights in the Middle East]]
* [[LGBT rights in Asia]]
* [[LGBT history in Iran]]
*[[Gender Identity Organization of Iran]]
*[[Gender Identity Organization of Iran]]
*''[[Be Like Others]]'', a documentary film about transsexuality in Iran
*''[[Be Like Others]]'', a documentary film about transsexuality in Iran
*[[Transsexuality in Iran]]
*[[Transgender rights in Iran]]
*[[Human rights in Iran]]
*[[Murder of Ali Fazeli Monfared]]
* [[Capital punishment for homosexuality]]


== Notes ==
== References ==
{{Reflist|30em}}
{{Reflist|30em}}


== References ==
==Further reading==
*{{cite book |last1=Guitoo |first1=Arash |title=Die Geschichte der mann-männlichen Begierde in Iran von der Vormoderne bis heute |date=2020 |publisher=Ergon-Verlag |doi=10.5771/9783956507427 |isbn=978-3-95650-741-0 |s2cid=226752156 |url=https://www.nomos-elibrary.de/10.5771/9783956507427/die-geschichte-der-mann-maennlichen-begierde-in-iran-von-der-vormoderne-bis-heute}}
* {{note|saf}}Safra Project [https://web.archive.org/web/20120916211211/http://www.safraproject.org/Reports/SP_Country_Information_Report_Iran.pdf Country Information Report Iran]. 2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15.
*[https://web.archive.org/web/20110710224753/http://www.faryadmagazine.com/humanity_gay_rights.html The Secret World of Iran's Gay and Lesbian community]


== External links ==
== External links ==
* {{note|saf}}Safra Project [https://web.archive.org/web/20120916211211/http://www.safraproject.org/Reports/SP_Country_Information_Report_Iran.pdf Country Information Report Iran]. 2004 report, and consider UNHCR report underestimate the pressure. Mentions gender diversity on pp, 15.
*{{cite web |url=https://www.huffingtonpost.com/2012/06/08/gay-rights-iran_n_1579292.html |title=LGBT Activists Gather For Rare Show Of Public Pride In Iran (PHOTOS) |date=December 6, 2017 |work=HuffPost}}
*[https://web.archive.org/web/20110710224753/http://www.faryadmagazine.com/humanity_gay_rights.html The Secret World of Iran's Gay and Lesbian community]
*{{cite news|url=https://www.huffpost.com/entry/gay-rights-iran_n_1579292|title=LGBT Activists Gather For Rare Show Of Public Pride In Iran (PHOTOS)|date=December 6, 2017|work=HuffPost}}
*{{cite encyclopedia |url=http://www.iranicaonline.org/articles/homosexuality |title=Homosexuality |date=April 20, 2012 |encyclopedia=Encyclopædia Iranica}}
*{{cite encyclopedia |url=http://www.iranicaonline.org/articles/homosexuality |title=Homosexuality |date=April 20, 2012 |encyclopedia=Encyclopædia Iranica}}


{{Iran topics}}
{{Iran topics}}
{{Asia topic|LGBT rights in}}
{{Asia topic|LGBT rights in}}{{Criminalization of homosexuality}}


{{DEFAULTSORT:Iran}}
{{DEFAULTSORT:Iran}}
[[Category:Iranian law]]
[[Category:Capital punishment in Iran]]
[[Category:LGBT rights in Iran| ]]
[[Category:Corporal punishments]]
[[Category:Criminalization of homosexuality]]
[[Category:Discrimination]]
[[Category:Homophobia]]
[[Category:Human rights abuses]]
[[Category:Human rights in Iran]]
[[Category:Law of Iran]]
[[Category:LGBTQ and Islam]]
[[Category:LGBTQ rights by country]]
[[Category:LGBTQ rights in Iran| ]]
[[Category:Persecution of LGBTQ people in Asia]]
[[Category:Politics of Iran]]
[[Category:Transphobia]]
[[Category:Violence against LGBTQ people]]

Latest revision as of 00:30, 16 December 2024

LGBTQ rights in Iran
StatusSame-sex relations illegal: Islamic law is applied.
PenaltyExecution, imprisonment, lashings, fines.[1]
Gender identitySex reassignment surgery, which is required to change legal gender, is legalized and is partially paid for by the government.
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Iran face severe challenges not experienced by non-LGBTQ residents. Sexual activity between members of the same sex is illegal and can be punishable by death,[2][3][4] and people can legally change their assigned sex only through sex reassignment surgery. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in Afghanistan.

LGBT rights in Iran have come in conflict with the penal code since the 1930s.[5] In post-revolutionary Iran, any type of sexual activity outside a heterosexual marriage is forbidden. Same-sex sexual activities are punishable by imprisonment,[4] corporal punishment, fines, or execution.[2][3][4] Gay men have faced stricter enforcement actions under the law than lesbians.

The Islamic Republic of Iran is considered to be one of the most discriminatory towards homosexuals in the world.[6][7][8] It is estimated that hundreds or thousands[9][10][11] of people were executed in the immediate aftermath of revolution of whom some 20 were homosexuals. Ruhollah Khomeini called for them to be exterminated in 1979.[12]

Transgender identity is recognized through sex reassignment surgery. Sex reassignment surgeries are partially financially supported by the state. Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution for being gay.[2][13][14] Iran carries out more sex reassignment surgeries than any other country in the world, ranking second place after Thailand.[14][2][15]

LGBT history in Iran

[edit]

Around 250 BC, during the Parthian Empire, the Zoroastrian text Vendidad was written. It contains provisions that are part of sexual code promoting procreative sexuality that is interpreted to prohibit same-sex intercourse as sinful. Ancient commentary on this passage suggests that those engaging in sodomy could be killed without permission from a high priest. However, a strong homosexual tradition in Iran is attested to by Greek historians from the 5th century onward, and so the prohibition apparently had little effect on Iranian attitudes or sexual behavior outside the ranks of devout Zoroastrians in rural eastern Iran.[16][17][18][19][20]

There is a significant amount of literature in Persian that contains explicit same-sex illustrations.[21] A few Persian love poems and texts from prominent medieval Persian poet Saadi Shirazi's Bustan and Gulistan have also been interpreted as homoerotic poems.[22]

Under the rule of Mohammad Reza Shah, the last monarch of the Pahlavi dynasty, homosexuality was criminalised, though it was mostly tolerated even to the point of allowing news coverage of a mock same-sex wedding. Janet Afary has argued that the 1979 Revolution was partly motivated by moral outrage against the Shah's government, and in particular against a mock same-sex wedding between two young men with ties to the court. She says that this explains the virulence of the anti-homosexual oppression in Iran.[23] Reza Pahlavi, Crown Prince and the son of Shah Mohammed Reza, argued that LGBT individuals had freedom before the “Mullah Regime” (the 1979 revolution).[24] After the 1979 Revolution, thousands of people were executed in public, including some homosexuals.[25][26]

Legality of same-sex sexual activity

[edit]

Since the 1979 Revolution, the legal code has been based on Islamic law. Despite allowing sex reassignment surgery, homosexuality in Iran remains a crime punishable by death.[2][3][4][14][15] In Iran, this framework is occasionally viewed as a means to "correct" individuals who may otherwise express same-sex desires, offering an option to conform to heteronormative standards (Najmabadi, 2011, p. 534).[2][13][14] All sexual activities that occur outside a traditional islamic marriage (i.e., sodomy or adultery) are illegal.[2][3] Same-sex sexual activities that occur between consenting adults are criminalized and carry a maximum punishment of death,[2][3][4] though not generally implemented.[citation needed] Rape, whether same-sex or opposite-sex, often results in execution, but is related to adultery and sodomy in Iran's penal code rather than being classified as "sexual assault". The death penalty is legal for those above 18, and if a murder was committed, legal at the age of 15. Approved by the Parliament on July 30, 1991, and finally ratified by the Guardian Council on November 28, 1991, articles 108 through 140 distinctly deal with same-sex sexual activities and their punishments in detail.[citation needed]

Male same-sex sexual activity

[edit]

According to Articles 108 to 112, sodomy (lavāt) can in certain circumstances be a crime for which both partners can be punished by death. If the participants are adults, of sound mind, and consenting, the method of execution is for the judge to decide. If one person is non-consenting (i.e., rape), the punishment would only apply to the rapist. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. Articles 114 to 119 assert that sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. According to Articles 125 and 126, if sodomy or any lesser crime referred to above, is proved by confession and the person concerned repents, the judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. The judge may punish the person for lesser crimes at his discretion.

Female same-sex sexual activity

[edit]

According to Articles 127, 129, and 130, the punishment for female same-sex sexual activity (mosāheqe) involving persons who are mature, of sound mind and consenting, is 100 lashes. If the act is repeated three times and punishment is enforced each time, the death sentence will apply on the fourth occasion. Article 128 asserts that the ways of proving female same-sex sexual activity in court are the same as for sodomy. Article 130 says that both Muslims and non-Muslims are subject to the punishment. According to Articles 132 and 133, the rules for the quashing of sentences, or for pardoning, are the same as for the lesser male homosexual offenses. According to Article 134, women who "stand naked under one cover without necessity" and are not relatives may receive a punishment of 50 lashes.

At the discretion of the Iranian court, fines, prison sentences, and corporal punishment are usually carried out rather than the death penalty, unless the crime was a rape.[citation needed]

The charges of same-sex sexual activity have in a few occasions been used in political crimes. Other charges had been paired with the sodomy crime, such as rape or acts against the state, and convictions are obtained in grossly flawed trials. On March 14, 1994, famous dissident writer Ali Akbar Saidi Sirjani was charged with offenses ranging from drug dealing to espionage to homosexual activity. He died in prison under disputed circumstances.[27]

Adultery

[edit]

Adultery (zina-e-mohsen) is punishable by 100 lashes for unmarried people and by death on the fourth offense. It is punishable by death by stoning (under moratorium since 2002, officially replaced in 2012, by an unspecified punishment) for married people and in all cases of incest. If an unmarried non-Muslim male has sexual relations with a Muslim female, the non-Muslim male will be put to death. Four witnesses (rather than two witnesses) are required to prove adultery, the person must confess four times, or they must be convicted by judge's knowledge (through definite circumstantial evidence). If the person confesses twice and is "repentant" or the victim's family forgives the adulterer, the judge can give a tazir sentence of 99 lashes instead, or imprisonment. Convictions and executions for this crime are extremely rare, usually only carried out in the case of death and rare even then.

In November 2021, a married Iranian man and his male lover, ages 27 and 33, were given the death penalty for adultery. The married man's wife pleaded for their lives, while her father asked that they be executed. The judge upheld her father's request.[28][29]

Public morality laws

[edit]

Under more public morality laws, offenders face additional jail time, whippings, and fines.[30]

Article 637 – Any man and woman who are not married and who commit a crime against public morality, excluding adultery, should be sentenced to flogging (99 lashes). If one of them did not consent to the crime, then only the one who initiated the crime should be punished. Article 638- Anyone who explicitly violates any religious taboo in public beside being punished for the act should also be imprisoned from ten days to two months, or should be flogged (74 lashes). Note- women who appear in public without a proper hijab should be imprisoned from ten days to two months or pay a fine of 50,000 to 500,000 Ryal. Article 639 – The following people should be imprisoned from one to ten years, and in the case of category (a) the property should be confiscated according to decision of the court. a) anyone who manages a property where activities against public morality take place; b) anyone who encourages people to violate public morality; Article 640 – The following people should be imprisoned from three months to one year and pay a fine of 1,500,000 to 6,000,000, and also be flogged up to 74 lashes, or any of these punishments. c) anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morality; d) anyone who is included in the circulation of the above items;

Capital punishment

[edit]
A protester of the killing of homosexual people in Iran. Washington, DC. July 19, 2006.

Some human rights activists and opponents of the government in Iran claim between 4,000 and 6,000 gay men and lesbians have been executed in Iran for crimes related to their sexual orientation since 1979.[31][32] According to The Boroumand Foundation,[33] there are records of at least 107 executions with charges related to homosexuality between 1979 and 1990.[34] According to Amnesty International, a male homosexual was executed in January 1990 under unclear circumstances that is no reason was given. At least five people convicted of homosexual activity, three men and two women were executed in January 1990 as a result of the government policy of demanding executions of those who "practice homosexuality".[35]

In a November 2007 meeting with his British counterpart, Iranian member of parliament Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, gays deserve to be executed. He said that if they do it privately then it's okay but if they do it overtly then they are to be executed.[36]

LGBT rights activists Zahra Seddiqi Hamedani and Elham Choubdar were sentenced to death in 2021 by a court in Iran for "promoting homosexuality, promoting Christianity and communicating with media opposed to the Islamic Republic". The sentence was confirmed by Iran's judiciary, but said the charges involved "human trafficking and not activism".[37] On September 5, 2022, Iran's official IRNA news agency reported that the two women had been sentenced to death on charges of "corruption on earth" and human tracking. The European Union condemned the death sentences on September 13, 2022.[38]

Sodomy

[edit]

Few consenting participants of sodomy (lavāt) are sentenced to death, but prior to 2012, both partners could receive the death penalty. On March 15, 2005, the daily newspaper Etemad reported that the Tehran Criminal Court sentenced two men to death following the discovery of a video showing them engaged in sexual acts to which they confessed. Another two men were allegedly hanged publicly in the northern town of Gorgan for sodomy in November 2005.[39] In July 2006, two youths in north-eastern Iran were hanged for "sex crimes", probably consensual homosexual acts.[4] On November 16, 2006, the State-run news agency reported the public execution of a man convicted of sodomy in the western city of Kermanshah.[citation needed] In January 2022, two gay men allegedly sentenced for "forced sexual intercourse between two men" were executed in the city of Maragheh after spending six years on death row.[40]

Arrests

[edit]

On January 23, 2008, Hamzeh Chavi, 18, and Loghman Hamzehpour, 19, were arrested in Sardasht, West Azerbaijan, for homosexual activity. An on-line petition for their release began to circulate around the internet.[41] They apparently confessed to the authorities that they were in a relationship and in love, prompting a court to charge them with mohārebe ("waging war against God") and lavāt (sodomy).

There were two reported crackdowns in Isfahan, Iran's third-largest city. On May 10, 2007, Isfahan police arrested 87 people at a birthday party, including 80 suspected gay men, beating and detaining them through the weekend.[42] All but 17 of the men were released. Those who remained in custody were believed to have been wearing women's clothing.[43] Photos of the beaten men were released by the Toronto-based Iranian Railroad for Queer Refugees.[44] According to Human Rights Watch, in February 2008, the police in Isfahan raided a party in a private home and arrested 30 men, who were held indefinitely without a lawyer on suspicion of homosexual activity.[45]

In April 2017, 30 men were arrested in a raid in Isfahan Province, "charged with sodomy, drinking alcohol and using psychedelic drugs".[46]

Recognition of same-sex relationships

[edit]

Same-sex marriage and civil unions are not legally recognized in Iran. Traditional Iranian families often exercise strong influence in whom, and when, their children marry and even what profession they chose.[47] Few LGBT Iranians come out to family due to the fear of being rejected. No legislation exists to address discrimination or bias motivated violence on the basis of sexual orientation or gender identity.[citation needed]

Traditional Iranian families tend to prohibit their children from dating, as it is not a part of Iranian culture, although this has become somewhat more tolerated, among liberals.[47] In 2004, an independent film[which?] was released, directed by Maryam Keshavarz, that examined the changing mores of Iranian youth when it comes to sex and dating.[48]

Gay Iranian couples are often afraid to be seen together[49] in public, and report that LGBTQ people were widely stereotyped as being sex-obsessed child molesters, rapists, and disease-ridden.[50]

Gender identity and expression

[edit]

Before the 1979 Islamic Revolution, the Iranian government did not address the issue of transsexuality. However, in 1964, while in exile under the shah's regime, Ayatollah Ruhollah Khomeini issued a fatwa approving sex reassignment surgeries.[2]

As Article 20 in Clause 14 states, a person who has sex reassignment surgery can legally change their name and gender on the birth certification upon the order of court.

Those who are in favor of legitimately being able to reassign one's sex surgically utilize article 215 of Iran's civil code, stating that the acts of every person should be subject to rational benefit, meaning gender reassignment surgery would be in the best interest of whoever is appealing for governmental support. Caveats, however, include the need to have medical approval from a doctor that supports a dissonance between assigned gender and their true gender.

Although legally recognized by the current Supreme Leader in Iran, Grand Ayatollah Ali Khamenei, Grand Ayatollah Yousef Madani Tabrizi addresses gender reassignment surgery as "unlawful" and "not permissible by Sharia (Islamic law)".[clarification needed] Reasons for his contestation include the altering of God's creation and disfiguration of vital organs as being unlawful.[51][unreliable source?]

In 1976, the Iranian Medical Association ruled that such surgeries were unethical, except for intersex individuals (hermaphrodites).[2]

Since the mid-1980s, the Iranian government has legalized the practice of sex reassignment surgery (under medical approval) and the modification of pertinent legal documents to reflect the reassigned gender. In 1983, Khomeini passed a fatwa allowing gender reassignment operations as a cure for "diagnosed transsexuals", allowing for the basis of this practice becoming legal.[52][53] In 1985, Khomeini reaffirmed his earlier fatwa, once again permitting the procedure.[2]

Some homosexual individuals in Iran have been pressured to undergo sex reassignment surgery in order to avoid legal and social persecution.[13][1]

Iran’s medical and legal endorsement of sex reassignment often pushes individuals who express gender nonconformity or same-sex attraction toward sex reassignment, framing it as a way to normalize their gender identity in accordance with societal expectations of heteronormativity (Najmabadi, 2011, p. 534).[14] If a transsexual individual can avoid committing sins or what it refers to as "same-sex playing" (Persian: همجنس‌باز, romanizedhamjinsbâz), such as engaging in same-sex acts, they are not required to undergo bodily alterations (Najmabadi, 2014, p. 82).[14] Several Maraj’e Taghlid have stressed that sex reassignment is not permissible for individuals who are simply cross-dressers or those who engage in same-sex behavior.[14] Hujatal Islam Kariminia asserts that society is largely unaware of the clear distinction between homosexuality and transsexuality, comparing the gap between the two to the "Great Wall of China" (Najmabadi, 2014, p. 185).[14]

Tanaz Eshaghian's 2008 documentary Be Like Others highlighted this.[13] The documentary explores issues of gender and sexual identity while following the personal stories of some of the patients at a gender reassignment clinic in Tehran. The film was featured at the Sundance Film Festival and the Berlin International Film Festival, winning three awards.[54] Sarah Farizan's novel If You Could Be Mine explores the relationship between two young girls, Sahar and Nisrin, who live in Iran through gender identity and the possibility of undergoing gender reassignment surgery. In order for the two to be in an open relationship, Sahar considers surgery to work within the confines of law which permits relationships after transitioning due to the relationship being between a male and female.

As a result of Khomeini's policies, Iran is now ranked second only to Thailand in performing the most sex reassignment surgeries (Halasa, 2009).[2] Nevertheless, despite this allowance, homosexuality in Iran remains a crime punishable by death.[2]

Trans men and trans women are treated differently from each other in Iranian society. Trans men are more visible socially and are able to find acceptance in society more easily than trans women, who are often misgendered and put in the same category as gay men.[55]

Blood donation

[edit]

Homosexuals and bisexuals are banned from donating blood in Iran. The ban also extends to lesbians. [citation needed]

Censorship

[edit]

In 2002, a book entitled Witness Play by Cyrus Shamisa was banned from shelves (despite being initially approved) because it said that certain notable Persian writers were homosexuals and bisexuals.[56]

In 2004, the Tehran Museum of Contemporary Art loaned a collection of artwork that formerly belonged to Shah Mohammed Reza Pahlavi that had been locked away since the Revolution in 1979 to the Tate Britain. The artwork included explicit homoerotic artwork by Francis Bacon and the government in Iran stated that upon its return, it would also be put on display in Iran.[57]

In 2005, the Iranian Reformist paper Shargh was shut down by the government after it interviewed an Iranian author, living in Canada. While the interview never mentioned the sexual orientation of Saghi Ghahreman, it did quote her as stating that, "sexual boundaries must be flexible... The immoral is imposed by culture on the body".[58] The conservative paper Kayhan attacked the interview and the paper, "Shargh has interviewed this homosexual while aware of her sick sexual identity, dissident views and porno-personality."[58] To avoid being permanently shut down, the paper issued a public apology stating it was unaware of the author's "personal traits" and promised to "avoid such people and movements."[58]

Violence

[edit]

In May 2021, a 20-year-old Iranian, Ali Monfared, was murdered, allegedly by his half-brother and cousins, days after the military mailed him a document exempting him from military service because of his sexual orientation.[1]

LGBT Iranians have fled Iran in recent years hoping to gain asylum in Europe.[59]

Exiled political parties and groups

[edit]

The government in Iran does not allow a political party or organization to endorse LGBT rights. Vague support for LGBT rights in Iran has fallen to a handful of exiled political organizations.

The Green Party of Iran has an English translation of its website that states, "Every Iranian citizen is equal by law, regardless of gender, age, race, nationality, religion, marital status, sexual orientation, or political beliefs" and calls for a "separation of state and religion".[60]

The Worker Communist Party of Iran homepage has an English translation of its manifesto that supports the right of "All adults, women or men" to be "completely free in deciding over their sexual relationships with other adults. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinize it, interfere with it or make it public".[61]

The leftist Worker's Way, the liberal Glorious Frontiers Party, and the center-right Constitutionalist Party of Iran have all expressed support for the separation of religion and the state, which might promote LGBT rights.

LGBT rights movement

[edit]
Boat 15 Iran, 2017 Amsterdam Gay Pride.

In 1972, scholar Saviz Shafaie gave a public lecture on homosexuality at Pahlavi University and in 1976 would research sexual orientation and gender issues at Syracuse University. In the 1990s, he joined the first human rights group for LGBT Iranians, HOMAN, and continued his work until he died of cancer in 2000.[62]

In 2001, an online Iranian LGBT rights organization called "Rainbow" was founded by Arsham Parsi, a well-known Iranian gay activist, followed by a clandestine organization named the "Persian Gay and Lesbian Organization". As of 2008, this group has been renamed as the "Iranian Railroad for Queer Refugees" (IRQR). While the founder of this group had to flee Iran and continue his work as an exile, there is an underground LGBT rights movement in Iran.[63]

Ali Mafi, an openly gay Iranian-born comedian started his career in 2016. In all his shows, Mafi mentions his status as an Iranian citizen and his commitment to being proud of who he is regardless. Mafi currently resides in San Francisco, California, which hosts a prominent gay community.

In 2007, the Canadian CBC TV produced a documentary that interviewed several LGBT Iranians who talked about their struggles.

During protests against the outcome of the Iranian election in July 2009, it was reported that several openly gay Iranians joined crowds of protesters in the United Kingdom and were welcomed with mostly positive attitudes towards LGBT rights.[64]

In 2010, a group of LGBT activists inside Iran declared a day to be Iran Pride Day. The day is on the fourth Friday of July and is and celebrated annually in secret.[65]

As of 2012, OutRight Action International develops an online resource for LGBTIQ Iranians in Persian.

JoopeA organized the Iran in Amsterdam Pride as the Iran Boat (Dutch: Iraanse Boot) in the Amsterdam Gay Pride festival in 2017 and 2018. The Iran Boat won the Best of Pride Amsterdam 2018 (Dutch: Publieksprijs) award.[66][67]

The 2015 graphic novel Yousef and Farhad, published by OutRight Action International in English and Persian, explores the relationship between two young Iranian men. The story, produced in collaboration with Khalil Bandib, an American-Algerian political cartoonist, and Amir Soltani, a well-known Iranian-American author who is also the creator of the best-selling graphic novel "Behesht-e Zahra," highlights the struggles for acceptance and aims to foster understanding among families.[68]

HIV/AIDS

[edit]

Despite the deeply conservative character of the government in Iran, its efforts to stop the spread of HIV/AIDS have been quite progressive.[69] The first official reports of HIV/AIDS in Iran were reported in 1987, and a government commission was formed, albeit it was not until the 1990s that a comprehensive policy began to arise.[69]

In 1997, Arash Alaei and his brother, Kamiar, were given permission to open up a small office for HIV/AIDS research among prisoners and with a few years, despite public protests, they helped open the first general HIV/AIDS clinics. A booklet was approved, with explanation of condoms, and distributed to high school students. By the late 1990s, a comprehensive educational campaign existed. Several clinics opened up to offer free testing and counseling. Government funds were allocated to distribute condoms to prostitutes, clean needles and drug rehabilitation to addicts and programs aired on television advocating the use of condoms.[69] While there are shortages, medication is given to all Iranian citizens free of charge.

The Alaei brothers were joined in their educational campaign by Minoo Mohraz, who was also an early proponent of greater HIV/AIDS education, who chairs a research center in Tehran. Along with government funding, UNICEF has funded several Iranian volunteer based groups that seek to promote greater education about the pandemic and to combat the prejudice that often follows Iranians who have it.[70][71]

In June 2008, the Alaei brothers were detained, without charge, by the government in Iran, after attending an international conference on HIV/AIDS.[72] The government has since accused the two doctors of attending the conference as part of a larger plotting to overthrow the government.[73]

In 2007, the government in Iran stated that 18,320 Iranians had been infected with HIV, bringing the official number of deaths to 2,800, although critics claimed that the actual number might've been much higher.[74] Officially, drug addiction is the most common way that Iranians become infected.

While educational programs exist for prostitutes and drug addicts, no educational campaign for LGBT people has been allowed to exist. In talking about the situation Kaveh Khoshnood stated, "Some people would be able to talk about their own drug addiction or their family members, but they find it incredibly difficult to talk about homosexuality in any way". "If you're not acknowledging its existence, you're certainly not going to be developing any programs [for gays]".[75]

Asylum cases

[edit]

The consequences of a same-sex relationship deemed a punishable crime or even death in Iran, results in a toil that forces many LGBT people to seek asylum in countries where the life situation is better. Many LGBT individuals seek refugee status from the UNHCR to be resettled in Australia, Canada, or the United States.[76]

Some middle-class Iranians have received an education in a Western nation. There is a small population of gay Iranian immigrants who live in Western nations.

In 2001, the United Nations High Commissioner for Human Rights rejected a plea from an Iranian man who escaped from an Iranian prison after being convicted and sentenced to death for the crime of homosexual activity.[77] Part of the problem with this case was that the man had entered the country illegally and was later convicted of killing his boyfriend, after he discovered that he had been unfaithful.

In 2005, the Japanese government rejected an asylum plea from another Iranian gay man. That same year, the Swedish government also rejected a similar claim by an Iranian gay man's appeal. The Netherlands is also going through a review of its asylum policies in regards to Iranians claiming to be victims of the anti-gay policies in Iran.

In 2006, the Netherlands stopped deporting gay men back to Iran temporarily. In March 2006, Dutch Immigration Minister Rita Verdonk said that it was now clear "that there is no question of executions or death sentences based solely on the fact that a defendant is gay", adding that homosexuality was never the primary charge against people. However, in October 2006, after pressure from both within and outside the Netherlands, Verdonk changed her position and announced that Iranian LGBTs would not be deported.[78]

The United Kingdom came under fire[when?] for its continued deporting, especially due to news reports documenting gay Iranians who committed suicide when faced with deportation. Some cases have provoked lengthy campaigning on behalf of potential deportees, sometimes resulting in gay Iranians being granted asylum, as in the cases of Kiana Firouz[79] and Mehdi Kazemi.[80]

Views of the government on homosexuality

[edit]

Iran's state media have shown hatred toward homosexuals on many occasions. In particular, Mashregh News, a news website "close to the security and intelligence organizations", has described homosexuals in an article as "individuals who have become mentally troubled in natural human tendencies, have lost their balance, and require psychological support and treatment".[81]

In October 2007, the then President of Iran Mahmoud Ahmadinejad, speaking to Columbia University, stated that "In Iran, we don't have homosexuals", though his spokesperson later stated that his comments were misunderstood.[82]

In a November 2007 meeting with his British counterpart, Iranian member of parliament, Mohsen Yahyavi admitted that the government in Iran believes in the death penalty for homosexuality. According to Yahyavi, "if homosexual activity is in private there is no problem, but those in overt activity should be executed".[36]

In a March 2013 interview on the state television, Iran's secretary of High Council for Human Rights, Mohammad-Javad Larijani called homosexuality an "illness" while denying the persecution of gay people in Iran. He stated that "Promoting homosexuality is illegal and we have strong laws against it. ... We consider homosexuality an illness that should be cured. We don't consider it acceptable to beat or mistreat homosexuals, either. ... [Homosexuality] is considered as a norm in the west and they are forcing us to accept it. We are strongly against this."[83] This narrative matches the same anti-gay narrative in Bahrain, also amongst the Iranians of Bahrain, and the dominant narrative in islamic-coded/majority countries, besides Israel, Jordan, and Turkey.

The Chief Justice of Iran, Sadeq Larijani at a 2014 conference in Tehran denied the execution of gay people in Iran, stating "That they say we execute homosexuals is not more than a lie. ... We do not provide these people with opportunity, but what they say that we hang them is a lie that they have fabricated for the Islamic Republic."[84]

In June 2019, in a press conference held in Tehran between Mohammad Javad Zarif Minister of Foreign Affairs and Heiko Maas Minister of Foreign Affairs, openly gay German journalist Paul Ronzheimer of the tabloid Bild asked Zarif "Why are homosexuals executed in Iran because of their sexual orientation?", to which Zarif seem to affirm that execution of gay people takes place by saying that his "society has principles. And we live according to these principles. These are moral principles concerning the behavior of the people in general, and that means that the law is respected and the law is obeyed."[85][86][87]

Terms

[edit]
  • Hamjinsbaaz (Persian: همجنس‌باز, romanizedhamjinsbâz): This word is a compound word with prefix "ham" (same) and suffix "bâz" (player) added to the word jins (sex), which is translated into English as "same-sex player."[14] This term is considered more derogatory than medical or social.[citation needed]
  • Hamjinsgaraa (Persian: همجنسگرا, romanizedhamjinsgaraa): This is a different word for homosexuals (gays), with a different suffix garaa (desire) that can be translated to English as same-sex desire (homosexuality), it is used mainly for homosocial.[14]
  • Tarajinsi (Persian: تراجنسی, romanizedtarajinsi): is a relatively new term that has emerged in contemporary Iranian linguistic culture to refer to transsexual individuals. The prefix "tara" serves as an equivalent for "trans" in English, and when combined with the adjective "jinsi" (meaning "sexual"), it translates to "transsexual." Participants in this study generally understand "tarajinsi" as someone who is willing to undergo sex change surgery.
[edit]

Movies & Films:

Documentaris:

  • Iranian, Gay and seeking Asylum (2009), short film.[94]

Visual Novels:

Human rights reports

[edit]

United States Department of State

[edit]

Country Reports on Human Rights Practices of 2017

[edit]

Children
The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and lesbian, gay, bisexual, transgender, and intersex (LGBTI) minors.[95]

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.

Security forces harassed, arrested, and detained individuals they suspected of being gay or transgender. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. Punishment for same-sex sexual activity between men was more severe than between women. According to international and local media reports, on April 13 at least 30 men suspected of homosexual conduct were arrested by IRGC agents at a private party in Isfahan Province. The agents reportedly fired weapons and used electric Tasers during the raid. According to the Canadian-based nonprofit organization Iranian Railroad for Queer Refugees, those arrested were taken to Dastgerd Prison in Isfahan, where they were led to the prison yard and told they would be executed. The Iranian LGBTI activist group 6Rang noted that, following similar raids, those arrested and similarly charged were subjected to forced “anal” or “sodomy” tests and other degrading treatment and sexual insults.

The government censored all materials related to LGBTI issues. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens over age 18 to serve in the military, but exempts gay men and transgender individuals, who are classified as having mental disorders.[96] New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified the individuals as gay or transgender and put them at risk of violence and discrimination.

The government provided transgender persons financial assistance in the form of grants of up to 45 million rials $1,240 and loans up to 55 million rials $1,500 to undergo gender reassignment surgery. Additionally, the Ministry of Cooperatives, Labor, and Social Welfare required health insurers to cover the cost of such surgery. Individuals who undergo gender reassignment surgery may petition a court for new identity documents with corrected gender data, which the government reportedly provided efficiently and transparently. NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.[95]

Summary table

[edit]
Right Legal status Notes
Same-sex sexual activity legal No Punishments include imprisonment, corporal punishment, execution, lashings, fines[1]
Equal age of consent No
Anti-discrimination laws in employment only No
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
Recognition of same-sex couples (e.g. unregistered cohabitation, life partnership) No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT allowed to serve openly in the military No Based on Article 33 of the army's medical exemption regulations, "moral and sexual deviancy, such as transsexuality" is considered to be grounds for a medical exemption from the military service, which is mandatory for eligible male individuals over 18.[97] According to Human Rights Watch, in order to "prove" their sexual orientation or gender identity, men seeking a military exemption on that basis would be required to undergo "numerous" "humiliating" physical and psychological tests, which may be costly, and they may also encounter administrative barriers, such as "few doctors" to perform such tests and doctors that refuse to perform them without parental accompaniment.[97]
Right to change legal gender Yes Sex reassignment surgery required.
Access to IVF for lesbians No
Conversion therapy banned No
Commercial surrogacy for gay male couples No
MSM allowed to donate blood No
Female sex partners of MSMs allowed to donate blood No

See also

[edit]

References

[edit]
  1. ^ a b c Tuysuz, Gul (May 15, 2021). "A card exempted a gay man from serving in Iran's military. It may have cost him his life". CNN. Retrieved May 15, 2021.
  2. ^ a b c d e f g h i j k l m El-Bernoussi, Zaynab; Dupret, Baudouin (2017). "Sex Reassignment". Oxford Islamic Studies Online: 2, 3 – via HAL Open Science.
  3. ^ a b c d e "Iran: Islamic Penal Code". Retrieved January 7, 2021. Article 234: 'The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.' Article 236: 'If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty'
  4. ^ a b c d e f Ann Penketh (March 6, 2008). "Brutal land where homosexuality is punishable by death". The Independent. Retrieved September 20, 2008.
  5. ^ "Interview with Iranian President Mahmoud Ahmadinejad". Larry King Live. CNN. September 23, 2008. Retrieved June 29, 2014.
  6. ^ Banning-Lover, Rachel (March 1, 2017). "Where are the most difficult places in the world to be gay or transgender?". The Guardian. Retrieved January 7, 2021.
  7. ^ Weinthal, Benjamin (September 24, 2020). "Iran is the most dangerous country for gay travelers - report". The Jerusalem Post. Retrieved January 7, 2021.
  8. ^ "'We Are a Buried Generation' Discrimination and Violence against Sexual Minorities in Iran". Human Rights Watch. December 15, 2010. Retrieved January 7, 2021.
  9. ^ "Denied Identity: Human Rights Abuses Against Iran's LGBT Community" (PDF). Iran Human Rights Documentation Center. November 2013. Archived from the original (PDF) on November 13, 2020. Retrieved January 7, 2021.
  10. ^ Encarnacion, Omar (February 13, 2017). "Trump and Gay Rights: The Future of the Global Movement". Foreign Affairs. Retrieved January 7, 2021.
  11. ^ Weinthal, Benjamin (June 9, 2020). "Iran executes 'high number' of gays, says German intelligence". The Jerusalem Post. Retrieved January 7, 2021.
  12. ^ Parsi, Arsham (2014). "Iranian Queers and Laws: Fighting for Freedom of Expression". Harvard International Review. 36 (2): 53. JSTOR 43649271. Retrieved January 7, 2021.
  13. ^ a b c d "Iran's gay plan". Canadian Broadcasting Corporation. August 26, 2008. Archived from the original on April 16, 2009. Retrieved March 23, 2018.
  14. ^ a b c d e f g h i j Saeidzadeh, Zara (2014). "The legality of sex change surgery and construction of transsexual identity in contemporary Iran". Lund University. pp. 12, 13, 7, 18, 48, 49. Sociology of Law, Master's thesis on Social Studies of Gender{{cite web}}: CS1 maint: postscript (link)
  15. ^ a b Zagami, Samira E.; Roudsari, Robab L.; Sadeghi, Ramin (August 5, 2019). "Quality of Life After Sex Reassignment Surgery: A Systematic Review and Meta-Analysis" (PDF). Iran J Psychiatry Behav Sci. 13 (3): 1. doi:10.5812/ijpbs.69086.{{cite journal}}: CS1 maint: date and year (link)
  16. ^ Ervad Behramshah Hormusji Bharda (1990). "The Importance of Vendidad in the Zarathushti Religion". tenets.zoroastrianism.com. Retrieved January 3, 2015.
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Further reading

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