LGBT rights in Moldova

LGBT rights in Moldova
Location of Moldova (green) – Transnistria (light green) on the European continent (green + dark grey)
Same-sex sexual activity legal?	Legal since 1995
Gender identity/expression	–
Military service	Gays and lesbians allowed to serve
Discrimination protections	None (see below)
Family rights
Recognition of relationships	No recognition of same-sex relationships
Adoption	–

Lesbian, gay, bisexual, and transgender (LGBT) persons in Moldova may face legal challenges not experienced by non-LGBT residents. Since the fall of the Soviet Union, it has become increasingly under the influence of the Orthodox Christian church, also, it has been marred by human rights violations against the freedom of association for homosexuals to have Gay Pride demonstrations.

Former laws against homosexuality

Since 1995, homosexuality between consenting adults in private has been legal in Moldova. In September 2002 new laws were introduced equalising the age of consent.

Bans on "propaganda" of homosexualism

As of September 2012, five cities have enacted bans on "propaganda" of homosexualism (which do not include any kind of administrative sanctions or fines). These cities are:

• Bălți since February 23, 2012
• Drochia since March 27, 2012
• Cahul since March 29, 2012
• Ceadîr-Lunga since April 10, 2012
• Soroca

Similar bans were also enacted in two districts:

• Anenii Noi since March 1, 2012
• Basarabeasca

As like as in two towns of Fălești District and as of September 2012 is still in force in one of them:

• Chetriş repealed since February 22, 2012
• Hiliuți

Recognition of same-sex relationships

No recognition with respect to same-sex marriage or civil unions is currently legal. Constitution bans same-sex marriage.

Discrimination protections

As of February 2008, a large coalition of human rights organisations, including Information Centre GenderDoc-M, are lobbying the government for implementation of anti-discrimination legislation in line with European standards, which would include sexual orientation as one of protected grounds.

A bill, which bans discrimination on the basis of sexual orientation in employment, was adopted by the Moldavian Parliament on May 25, 2012 and signed into law by the country's president Nicolae Timofti on May 28, 2012. The law took effect on January 1, 2013.

Living conditions

Moldova has a rather small but lively and open-minded gay scene. Chisinau's first gay club – Jaguar Dance and Music Club – opened in 2009. Moldova’s first Gay Pride was held in April 2002, but it was banned in 2007, because homosexuality is said to be undermining the Christian values of the country.

The main gay and lesbian campaigning group is called GenderDoc-M, which seeks to support gays and lesbians within Moldova. However, Moldovan society still remains very homophobic. For example, virulent homophobic statements are casually made by politicians and lesbians and gays are routinely discriminated against. Violence towards the lesbian and gay community is not unknown. Scott Lively, a vociferous opponent of gay rights who has linked homosexuality to having played a part in the spawning of the Rwandan Genocide and the Holocaust, visited Moldova in 2010 to oppose an anti-discrimination measure. The bill had passed through committee twice before stalling subsequent to opposition from the Communist Party of Moldova, which cited Lively's visit as a reason for its opposition.

2008 Moldova Pride controversy

On 11 May 2008, the police and authorities stood by as the Moldova Pride Parade was prevented by homophobic^{citation needed} crowds who surrounded and intimidated parade participants by surrounding the Pride bus. The Mayor of Chisinau, Dorin Chirtoaca, whose campaign slogan was "a young mayor, a liberal team, a European capital", had banned the parade the evening before.

Bączkowski and Others v. Poland (3 May 2007) was the case in which the European Court for Human Rights in Strasbourg ruled that by banning the parade the then Mayor of Warsaw, Lech Kaczyński, had broken three articles of the European Convention of Human Rights: article 11: the freedom of assembly, article 13 the right to appeal and, by allowing others to assemble when Lesbian and gay people were not, were also in breach of article 14, which outlaws discrimination. Moldova has been a member of the Council of Europe since 13 July 1995, so there can be no question that this ruling is legally binding in Moldova.^{citation needed}

A [4] question has been lodged in the European Parliament and a letter [5] expressing grave concern has been sent to the British Foreign Secretary, David Miliband.

UN Human Rights Council resolution

In June 2011, Moldova used its seat on the United Nations Human Rights Council to vote against the first successful UN resolution condemning discrimination and violence against individuals based on their sexual orientation and gender identity.

Summary table

Same-sex sexual activity made legal	since 1995
Right to change legal gender
Gays allowed to serve in the military
Equal age of consent	since 2002
Anti-discrimination laws in employment	since 2013
Anti-discrimination laws in all areas, (including hate speech)
Anti-discrimination laws on transgender identity or expression
Recognition of same-sex unions
Same-sex marriage
Both joint- and step-adoption by same-sex couples
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood

See also

• Politics of Moldova
• LGBT rights in Europe