LGBT Rights in Dominican Republic

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✖ Banned
Censorship: ✔ No censorship
Changing Gender: ✖ Illegal
Gender-Affirming Care: ✔ Legal
Non-Binary Gender Recognition: ✖ Not legally recognized
Discrimination: ✖ Illegal in some contexts
Employment Discrimination: Ambiguous
Housing Discrimination: ✖ No protections
Adoption: ✖ Single only
Intersex Infant Surgery: Unknown
Military: ✖ Illegal
Donating Blood: ✔ Legal
Conversion Therapy: ✖ Not banned
Age of Consent: ✔ Equal

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Public Opinion

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Recent studies in Dominican Republic show a discernible level of opposition to LGBTQ+ rights among the population.

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History

Homosexual activity in Dominican Republic

Homosexual activity in Dominican Republic is legal.

Current status

Since Jan 1, 1822

Legal

The 1822 Criminal Code of the Dominican Republic did not criminalise same sex activity between consenting adults in private. The Criminal Code was updated in 2007 but did not change this.

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Jan 1, 1535–Jan 1, 1822

Illegal (death penalty as punishment)

Prior to the Spanish colonization of the Dominican Republic, no laws governed Dominican soil. History of indigenous Tainos may have shown some limited tolerance of "two-spirt" or gender diverse individuals akin to LGBT folks in modern day society, but these links are to thin to draw. The near non-existent archival of Taino culture does not help. In 1535, the Dominican Republic was incorporated into New Spain and with it labeled as a Captaincy General and a province of the Spanish empire, which granted it the same rights as any other province in Peninsular Spain, bearing the brunt of colonial anti-sodomy laws in place at the time.

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Same-sex marriage in Dominican Republic

Same-sex marriage in Dominican Republic is banned.

Current status

Since 2010

Banned

Dominican Republic law does not recognise any marriage or partnership between same sex couples. In 2010 the Constitution was amended to affirm that "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman" (Article 55). In 2018 the IACHR ruled that the American Convention on Human Rights requires Dominican Republic to legalise same-sex marriage.

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Jan 1, 1535–Jun 17, 1944

Ambiguous

Prior to Spanish colonization, Pre-colonial Taino society may have had limited tolerance and recognition of gender diverse individuals who modern society would consider akin to LGBT folk. Despite this, the literature on these pre-Columbian societies is non-existent. If any recognition of gender-diverse marriage existed, it may have been through spouses in polygynous households.

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Censorship of LGBT issues in Dominican Republic

Censorship of LGBT issues in Dominican Republic is no censorship.

Current status

No censorship

In Dominican Republic, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

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Right to change legal gender in Dominican Republic

Right to change legal gender in Dominican Republic is illegal.

Current status

Illegal

Legal gender change is currently illegal in the Dominican Republic. In spite of this, laws do exist in the realm of name change as far back as 1944. In January 2023, a process for name change was further strengthened through the Organic Law on Civil Status Acts. A attempt to regulate this institution failed in 2021.

Details

Gender-affirming care in Dominican Republic

Gender-affirming care in Dominican Republic is legal.

Current status

Since 1996

Legal

In 1996, Dominican Republic adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

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1980–1996

Legal, but restricted for minors

In 1980, Dominican Republic adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.

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1972–1980

Restricted

In 1972, Dominican Republic legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.

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Until 1972

Banned

Medical transition is not possible

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Legal recognition of non-binary gender in Dominican Republic

Legal recognition of non-binary gender in Dominican Republic is not legally recognized.

Current status

Not legally recognized

The Dominican Republic does not allow gender change, including non-binary gender.

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LGBT discrimination in Dominican Republic

LGBT discrimination in Dominican Republic is illegal in some contexts.

Current status

Since Jan 1, 2000

Illegal in some contexts

Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity.

Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament.

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LGBT employment discrimination in Dominican Republic

LGBT employment discrimination in Dominican Republic is ambiguous.

Current status

Since Jan 1, 2000

Ambiguous

While no law offers explicit protection on the basis of sexual orientation in employment, it could be argued that Article 2 of the General Law on Youth (Law No. 49) (2000), which prohibits discrimination based on sexual orientation, could apply to employment matters. However, this law only protects youth between 14 and 25 years of age.

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Until 2000

No protections

LGBT employment discrimination is not illegal, and Law 285-66 specifically prohibits LGBT people from serving in the police force.

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