- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- Unknown
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Public Opinion
Recent surveys in Puerto Rico have revealed a mixed response towards LGBTQ+ rights and issues.
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Homosexual activity in Puerto Rico is legal.
Current status
Since Jun 26, 2003
Legal
In 2002, the Puerto Rican Supreme Court ruled that the ban on sodomy was constitutional. However, as a American territory Puerto Rico is subject to decisions of the U.S. Supreme Court. On June 26, 2003 with the landmark decision ruled through "Lawrence v Texas", homosexuality was decriminalized across the contiguous United States and it's subsequent territories, including Puerto Rico. In 2004, the Penal Code was ammended, codifying the legality of homosexuality.
1521–Jun 26, 2003
Illegal (death penalty as punishment)
Prior to the Spanish colonization of Puerto Rico, no laws governed Puerto Rican 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 1521, Puerto Rico 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.
Same-sex marriage in Puerto Rico is legal.
Current status
Since Jul 13, 2015
Legal
Puerto Rico legalized same-sex marriage after the US Supreme Court ruling on same-sex marriage Obergefell v. Hodges on June 26, 2015. The ruling legalized same-sex marriage across the contigous United States and trickled down onto it's subsequent territories. Shortly after the ruling, Alejandro Garcia Padilla, the governor of Puerto Rico, signed an executive order requiring government agencies to be compliant with the ruling. Same-sex couples could finally begin accessing marriage on July 13, 2015.
Banned
Marriage was defined as "a civil contract whereby a man and a woman mutually agree to become husband and wife." with the passing of H.B 1013 in 1999. Article 68 of the Civil Code also explicitly prohibited marriages "between persons of the same sex or transsexuals contracted in other jurisdictions" from being recognized in Puerto Rico.
1521–Mar 19, 1999
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.
Censorship of LGBT issues in Puerto Rico is no censorship.
Current status
No censorship
No LGBT censorship in Puerto Rico.
Right to change legal gender in Puerto Rico is legal, no restrictions.
Current status
Legal, no restrictions
Puerto Rico residence are allowed to change their gender under a lawsuit that happened in 2018. In 2017, Puerto Rico had made a bill that would bar people from changing their gender, the lawsuit came a couple of months after the bill was filled. In 2018, the lawsuit was settled and LGBTQ people could change their gender.
Legal recognition of non-binary gender in Puerto Rico is not legally recognized.
Current status
Not legally recognized
Not currently legally recognized.
LGBT discrimination in Puerto Rico is no protections.
Current status
No protections
In 2015, there was an court case for LGBTQ discrimination from Puerto Rico. The trial was dismissed, as the person being charged with crimes could not have the same 2 crimes. LGBTQ discrimination for Puerto Rico is still unprotected, no new laws have been made since the court case.
LGBT employment discrimination in Puerto Rico is sexual orientation and gender identity.
LGBT housing discrimination in Puerto Rico is sexual orientation and gender identity.
Current status
Since May 29, 2013
Sexual orientation and gender identity
Law does not protect against property rentals.
Intersex infant surgery in Puerto Rico is unknown.
Current status
Unknown
Serving openly in military in Puerto Rico is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Puerto Rico is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Equal age of consent in Puerto Rico is unknown.
Current status
Unknown
United States Equality Rank
#157
Interest Rank based on Equaldex traffic ?
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Puerto Rico LGBT Organizations
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