LGBT Rights in Porto
District

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History

Homosexual activity in Porto

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Homosexual activity in Porto is legal.

Current status
Since Sep 23, 1982
Legal
Homosexuality was decriminalised in Portugal in 1982.
1886–Sep 23, 1982
Illegal (imprisonment as punishment)
With the adoption of a new penal code in 1886, Portugal criminalised same-sex conduct. For some of this period, there was varying formality in the criminalisation but throughout LGB people were persecuted and imprisoned.
Legal
In 1852 Portugal adopted a penal code based on the Napoleonic one France saw earlier in the 19th century and did not ban homosexuality.
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Same-sex marriage in Porto

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Same-sex marriage in Porto is legal.

Current status
Since May 31, 2010
Legal
In 2010, the XVIII Constitutional Government of Portugal approved a marriage equality bill, making it the eighth country in the world to legalize same-sex marriage.

Censorship of LGBT issues in Porto

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Censorship of LGBT issues in Porto is no censorship.

Current status
No censorship
In Portugal, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Porto

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Right to change legal gender in Porto is legal, no restrictions.

Current status
Since Aug 8, 2018
Legal, no restrictions
The law allows adults to change their legal gender based on self-detirmination without any requirements. Minors aged 16 and 17 must have parental consent and a professional psychological opinion.
Mar 15, 2011–Aug 8, 2018
Legal, but requires surgery under federal Portugal law
Individuals in Portugal can legally change their gender and name on their birth certificate.
Until Mar 15, 2011
Illegal under federal Portugal law
Until 2011, legal gender recognition was not provided in Portugal.

Gender-affirming care in Porto

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Gender-affirming care in Porto is legal.

Current status
Since May 19, 1995
Legal
In Portugal, there are no major or excessive restrictions on the ability of transgender people to transition medically.
Sources:
www.intechopen.com/chapters/80634 - Section 3.2 Para 5
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Until May 19, 1995
Banned
The medical regulation board adopted a resolution to permit gender reassignment surgery for cases of gender dysphoria.
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Legal recognition of non-binary gender in Porto

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

Current status
Not legally recognized
Even though gender self-identification is possible in Portugal, non-binary identities are not yet legally recognized here.

LGBT discrimination in Porto

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LGBT discrimination in Porto is illegal.

Current status
Since Aug 30, 2008
Illegal
From 2008 onwards, gender identity began to be included in anti-discrimination laws in different cases in Portugal.
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Jul 24, 2004–Aug 29, 2008
Illegal in some contexts
Article 13 explicitly prohibits discriminations on the basis of sexual orientations
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LGBT employment discrimination in Porto

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LGBT employment discrimination in Porto is sexual orientation and gender identity.

Current status
Since Jan 16, 2015
Sexual orientation and gender identity
Gender identity is now an explicit protected ground in the labour code.
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2003–Jan 16, 2015
Sexual orientation only
Sexual orientation was protected.
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LGBT housing discrimination in Porto

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LGBT housing discrimination in Porto is sexual orientation and gender identity.

Current status
Since Feb 12, 2019
Sexual orientation and gender identity under federal Portugal law
In February 2019, Portugal passed a law prohibiting discrimination in housing against LGBTIQ+ people. The law lists sexual orientation as a protected characteristic and while gender identity isn’t explicitly listed, it is a protected characteristic constitutionally meaning that it could still be protected from such discrimination.

Same-sex adoption in Porto

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Same-sex adoption in Porto is legal.

Current status
Since Mar 1, 2016
Legal
Now same sex adoption is possible for not only individuals but same sex couples.
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Until Feb 29, 2016
Illegal
Same sex couples in Portugal were previously not allowed to adopt or foster children. Between 2013 and 2016 various bills were put forward and rejected by parliament.
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Intersex infant surgery in Porto

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Intersex infant surgery in Porto is full ban.

Current status
Since Aug 7, 2018
Full ban
Non-consensual gender reassignment treatment and surgical intervention on intersex children have been prohibited by law since August 2018 under Article 5 of Law No. 38.
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Serving openly in military in Porto

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Serving openly in military in Porto is legal.

Current status
Since Jan 8, 2024
Legal
Transgender and non-binary people are now allowed to serve after executive order 318/202. Executive order 318/202, stipulates that “other endocrine dysfunctions, namely dysfunctions of the gonadal hormonal system, congenital or acquired and requiring permanent chronic hormone replacement therapy” are no longer grounds for excluding candidates.
Jan 1, 1999–Jan 8, 2024
Lesbians, gays, bisexuals permitted, transgender people banned
Portugal is not one of the 22 countries that allows trans military service.

Trans people aren't explicitly banned from joining the army, but due to discrimination and regulations that also apply to cis people, but more commonly affect trans people, they are unable to join.
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Blood donations by MSMs in Porto

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Blood donations by MSMs in Porto is legal.

Current status
Since Apr 7, 2010
Legal
In Portugal, blood donations have rules regarding sexual behaviour but they are the same for homosexual and heterosexual people. While discrimination is illegal according to the Portuguese Constitution, discrimination is widely reported amongst the LGBTQ+ community and new legislation was discussed in 2021 to address this.
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Conversion therapy in Porto

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Conversion therapy in Porto is banned.

Current status
Since Jan 11, 2019
Banned
In 2019, after an open letter by 250 psychologists to the regulatory Ordem dos Psicólogos, the body affirmed that conversion therapy is malpractice and has no basis in science and is not justifiable. All psychologists wishing to practice in Portugal must be licensed with the Ordem dos Psicólogos.

Additionally, a bill that bans conversion therapy was passed by the parliament on December 21st, 2023. It was signed by the President a few weeks later and took effect on March 1st, 2024.
Until Jan 10, 2019
Not banned
There is no legislation prohibiting conversion therapy in Portugal.

Equal age of consent in Porto

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Equal age of consent in Porto is equal.

Current status
Since May 10, 2005
Equal
In 2005, the Portuguese Constitutional Tribunal ruled that the inequal age of consent used in Portugal was unconstitutional and therefore could not be enforced as it violated the constitution's right to equality as provided by Articles 13 and 26.
Sources:
www.tribunalconstitucional.…
www.portugalresident.com/la… (mentioned at the very bottom)
www.tribunalconstitucional.… - top of page 8 (source goes through the legal effects of a ruling of this kind by the CT)
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Until May 9, 2005
Unequal
Before 2005's constitutional tribunal ruling, Portugal's penal code enforced unequal ages of consent for heterosexual and homosexual sex.
Sources:
www.tribunalconstitucional.…
www.portugalresident.com/la… (mentioned at the very bottom)
www.tribunalconstitucional.… - top of page 8 (source goes through the legal effects of a ruling of this kind by the CT)
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