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Public Opinion

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History

Homosexual activity in San Juan

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Homosexual activity in San Juan is legal.

Current status
Since Feb 1, 1887
Legal under federal Argentina law
The 1887 Penal Code of Argentina made no mentions of homosexuality, effectively decriminalising it in Argentina.

Same-sex marriage in San Juan

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Same-sex marriage in San Juan is legal.

Current status
Since Jul 15, 2010
Legal under federal Argentina law
In 2010, Argentina became the first country in Latin America to legalize gay marriage. The Senate passed the bill by a narrow margin (33 votes in favor, 27 against, and 3 abstained). Argentina was the tenth country in the world to enact marriage equality.

Censorship of LGBT issues in San Juan

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Censorship of LGBT issues in San Juan is no censorship.

Current status
No censorship
In San Juan, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Mar 24, 1976–Dec 9, 1983
State-enforced under federal Argentina law
During the military dictatorship from 1976 to 1983, LGBTIQ+ people faced extreme persecution with the junta harassing people for their sexual orientation or gender identity.
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Right to change legal gender in San Juan

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Right to change legal gender in San Juan is unknown.

Current status
Unknown

Gender-affirming care in San Juan

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Gender-affirming care in San Juan is legal.

Current status
Since Apr 16, 2025
Legal under federal Argentina law
In April 2025, The Federal Court of Paraná No. 2 declared DNU 62/2025 to be unconstitutional.

This ruling restores the Gender Identity Law to how it was before Decree 62/2025 was signed by President Javier Milei.
Feb 7, 2025–Apr 15, 2025
Legal, but banned for minors under federal Argentina law
Decree 62/2025 signed by President Javier Milei, in force since February 7, 2025, replaced article 11 of Law No. 26,743 on Gender Identity, with the following:

ARTICLE 11.- Right to free personal development. All persons over EIGHTEEN (18) years of age may, in accordance with article 1 of this law and in order to guarantee the enjoyment of their comprehensive health, access total and partial surgical interventions and/or comprehensive hormonal treatments to adapt their body, including their genitalia, to their self-perceived gender identity, without the need to request judicial or administrative authorization.

To access comprehensive hormonal treatments, it will not be necessary to prove the will in the surgical intervention of total or partial genital reassignment. In both cases, only the informed consent of the person will be required.

The public health system's effectors, whether state, private or part of the social security subsystem, must permanently guarantee the rights recognized by this law.

All health benefits contemplated in this article are included in the Mandatory Medical Plan, or the one that replaces it, as regulated by the implementing authority.

Persons under EIGHTEEN (18) years of age will not be able to access the interventions and treatments referred to in this article.
Sources:
Decree 62/2025:
www.argentina.gob.ar/normat…

Gender Identity Law (updated law):
www.argentina.gob.ar/normat…
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Jan 24, 1967–Aug 9, 2006
Banned under federal Argentina law
Medical transition is not possible as sterilisation was banned until 2006 under Article 19 of Law No. 17,132 in 1967 which explicitly prohibits medical professionals to not carry out surgical interventions that modify the sex of the patient.

Legal recognition of non-binary gender in San Juan

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Legal recognition of non-binary gender in San Juan is unknown.

Current status
Unknown

LGBT discrimination in San Juan

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LGBT discrimination in San Juan is unknown.

Current status
Unknown

LGBT employment discrimination in San Juan

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LGBT employment discrimination in San Juan is unknown.

Current status
Unknown

LGBT housing discrimination in San Juan

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LGBT housing discrimination in San Juan is sexual orientation only.

Current status
Since Jul 2007
Sexual orientation only
The San Juan Province Code of Offenses (Law 941-R) prohibits discrimination based on sexual orientation.

Same-sex adoption in San Juan

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Same-sex adoption in San Juan is unknown.

Current status
Unknown

Intersex infant surgery in San Juan

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Intersex infant surgery in San Juan is not banned.

Current status
Not banned under federal Argentina law
In 2018, Bill No. 7037-D-2018 aimed at banning involuntary and/or unnecessary medical treatments and procedures that modify a person's sexual characteristics was presented in the Argentine Federal Congress, but had not been approved.

In 2019, the Comprehensive Protection of Sex Characteristics Bill (2019) with similar objectives was presented in the Chamber of Deputies of the Argentine Federal Congress, however, in 2021, it was reported that the bill had been withdrawn from consideration.

In 2022, the previous bill was reintroduced in the Chamber of Deputies with the support of several sponsors as Bill No. 6041-D (2022).

Serving openly in military in San Juan

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Serving openly in military in San Juan is unknown.

Current status
Unknown

Blood donations by MSMs in San Juan

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Blood donations by MSMs in San Juan is unknown.

Current status
Unknown

Conversion therapy in San Juan

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Conversion therapy in San Juan is banned.

Current status
Since Dec 3, 2010
Banned under federal Argentina law
Article 3(c) of the Law on Mental Health (2010) establishes that a person cannot be diagnosed on their mental health exclusively on the basis of their "sexual choice or identity”. It prevents health professionals, particularly psychiatrists, from legally engaging in sexual orientation change efforts (SOCE).
Additionally, at the subnational level, in December 2020, the province of Santa Cruz passed the Integral Law for the recognition and historical reparation of the rights of trans persons (Law No. 3.724), which prohibits "aversion therapies" for trans people under Article 24.
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Equal age of consent in San Juan

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Equal age of consent in San Juan is unknown.

Current status
Unknown