Exploring Bahrain's Attitude Towards The Lgbtq+ Community

While same-sex sexual activity was decriminalised in Bahrain in 1976, LGBTQ+ people continue to face legal challenges and discrimination. Although there are no explicit laws criminalising same-sex relations, authorities have used vague penal codes against indecency and immorality to target gender and sexual minorities. This has resulted in sentences of imprisonment, fines, and deportation. The lack of legal protections for LGBTQ+ individuals in Bahrain underscores the societal stigma and negative attitudes towards this community. Public opinion surveys indicate resistance towards LGBTQ+ rights, and conservative views remain prevalent in the country.

Same-sex relations are legal in Bahrain, but homosexuality is considered immoral

Same-sex relations have been legal in Bahrain since 1976, when the country repealed a British colonial-era law. However, despite this decriminalisation, homosexuality is still considered “immoral" in Bahrain, and there is a prevailing social stigma against it. While there is no explicit criminalisation of same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities.

Bahrain's laws do not prohibit private, non-commercial acts of homosexuality between consenting adults. However, the penal code sets the age of consent for same-sex activities at 21 years old, the same as for heterosexual relationships. Despite this, there have been documented cases of arrests of homosexual people based on their sexual orientation.

In addition to the lack of legal protection, LGBT individuals in Bahrain face entrenched social stigma and discrimination. Public opinion towards LGBT rights is mixed, with some surveys indicating resistance to LGBT rights and homosexuality being viewed as “immoral". There is also a lack of public opinion data, making it difficult to fully understand the attitudes of Bahraini society towards LGBT issues.

The Bahraini government has taken steps to restrict the rights of LGBT individuals, such as banning media content that depicts LGBTIQ characters and making it difficult for LGBTIQ organisations to register legally. Furthermore, there is no legal recognition of same-sex relationships in Bahrain, and same-sex marriage is banned.

While transgender people can change their legal gender markers in Bahrain, it is not based on self-determination, and individuals have been arrested for dressing in ways that violate gender norms. Overall, LGBT individuals in Bahrain face significant legal and social challenges due to entrenched attitudes and regulations.

There is no legal recognition of same-sex relationships in Bahrain

Same-sex relations were decriminalised in Bahrain in 1976, when a new penal code was enacted, repealing the penal code imposed by the British. This new code does not prohibit private, non-commercial acts of homosexuality between consenting adults. However, there is no legal recognition of same-sex relationships in Bahrain.

While same-sex marriage is banned, transgender people can change their legal gender markers, but this is not based on self-determination. Instead, it is assessed in accordance with Islamic understandings of sex and gender as transmitted by Sunni fiqh.

Bahrain's laws on the registration of non-governmental organisations make it unlikely that LGBTQ+ organisations would be allowed to register. There is also a lack of public opinion data, but one 2021 study ranked Bahrain 43rd out of 175 countries for its average LGBTQ+ acceptance scores from 2017-2020.

Although same-sex activity is not explicitly illegal, there have been documented cases of arrests of LGBTQ+ people for their sexual orientation. This is due to laws against indecency, which allow for sentences of imprisonment, fines, and deportation. There are also no laws prohibiting discrimination based on gender identity or sexual orientation.

In 2021, members of parliament proposed a bill to amend the penal code, which would include criminalising the raising of LGBTQ+ flags, promoting LGBTQ+ ideas and beliefs, and attending LGBTQ+ gatherings. This proposal reflects the conservative views prevalent in Bahrain, where public opposition to homosexuality is widespread.

Censorship of LGBTQ+ issues in Bahrain is punishable by imprisonment

Censorship of LGBTQ+ Issues in Bahrain: Punishable by Imprisonment

In Bahrain, censorship of LGBTQ+ issues is punishable by imprisonment under Article 355 of the country's Penal Code. This law, enacted in 1976, imposes a penalty of up to two years in prison and a fine on individuals who produce, possess, or display materials deemed contrary to public morals. This includes publications, drawings, pictures, films, or symbols that promote LGBTQ+ rights or depict same-sex relationships.

While same-sex sexual activity was decriminalized in Bahrain in 1976, authorities have used vague laws against "indecency" and "immorality" to target LGBTQ+ individuals. There is no explicit protection against discrimination based on sexual orientation or gender identity, and several provisions in the penal code can be used to arrest and prosecute LGBTQ+ people. These provisions have been applied to arrest individuals for public displays of affection, owning rainbow flags, or even declaring their sexual orientation.

In addition to censorship laws, LGBTQ+ individuals in Bahrain face legal challenges and discrimination in various aspects of their lives, including employment, housing, and adoption. They also face social stigma and opposition from conservative groups, including religious organizations and politicians. There have been attempts to further restrict the rights of LGBTQ+ individuals, such as proposing bills to criminalize the promotion of LGBTQ+ rights and prohibit LGBTQ+ foreigners from entering the country.

The censorship of LGBTQ+ issues in Bahrain, backed by the threat of imprisonment, contributes to an environment where LGBTQ+ individuals face significant challenges and risks in expressing their identities and advocating for their rights.

Transgender people can change their legal gender markers in Bahrain, but this is not based on self-determination

In Bahrain, transgender people can change their legal gender markers, but this is not based on self-determination. While same-sex sexual activity was decriminalised in 1976, transgender individuals still face legal challenges and discrimination in the country.

According to a 2023 report by the US State Department, transgender individuals in Bahrain can change their gender identity markers on legal and national identifying documents to align with their gender identity (male or female). However, this process requires medical documentation of a "sex change operation" or medical necessity. Non-binary, intersex, or gender non-conforming options are not available.

In a 2023 court case, a transgender man's application for legal gender recognition was rejected, with the court ruling that access to sex reassignment medical procedures was against Islamic law unless the individual had intersex biological traits. This ruling highlights the limitations and challenges faced by transgender individuals in Bahrain when seeking legal gender recognition.

The process of legal gender marker change in Bahrain is influenced by Islamic understandings of sex and gender, as interpreted by Sunni scholars. The courts consider the perspective of Sunni Fiqh, which allows for gender marker changes only in specific circumstances involving intersexuality or gender dysphoria. This interpretation of Islamic law draws a distinction between transgender and intersex individuals, granting legal recognition only to those with intersex traits.

While transgender people in Bahrain have the right to change their legal gender in limited circumstances, it is not based on self-determination. Their gender identity must align with specific medical conditions and conform to Sunni Fiqh interpretations of Islamic law. This process can be complex, lengthy, and subject to judicial discretion, making it challenging for transgender individuals to achieve legal recognition of their true gender identity.

Public opinion on LGBTQ+ rights in Bahrain is mixed

In a 2011 World Values Survey, 42% of Bahraini people believed that "homosexuality is never justifiable", while 18% stated that they "would not like to have homosexuals as neighbours". In a 2021 study by the Williams Institute, Bahrain was ranked 43rd out of 175 countries for its average LGBTI acceptance scores from 2017-2020.

Bahrain's laws do not explicitly criminalise same-sex relations, but authorities have used vague penal code provisions against "indecency" and "immorality" to target these minorities. There is no legal recognition of same-sex relationships in Bahrain, and no protections against discrimination based on gender identity or sexual orientation.

In 2023, Bahraini lawyer Fareed Ghazi stated that Bahraini law criminalises same-sex relationships outside the framework of traditional Islamic marriage. He cited religious beliefs and cultural practices as the basis for these restrictions, reflecting a broader pattern in some Islamic societies.

Sonya Janahi, a member of the Bahrain Chamber of Commerce and Industry, expressed opposition to the acceptance of homosexuality, stating that it conflicts with Islamic and societal values. She urged regional governments to form a unified stance against homosexuality, particularly within the Arab Labour Organisation. Janahi's comments reflect the conservative views prevalent in Bahrain, where public opposition to homosexuality is widespread.

Despite the mixed public opinion, attempts have been made to restrict the rights of LGBTQ+ individuals in Bahrain. In October 2021, members of parliament proposed a bill to amend the penal code, which would include criminalising the promotion of homosexual ideas and beliefs, and attending any gathering or meeting of homosexuals. This proposal reflects the ongoing struggle for LGBTQ+ rights and acceptance in Bahrain.

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