San Miguel is governed by federal El Salvador law. Learn more
    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✖ Banned
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal with restrictions
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in San Miguel

?

Homosexual activity in San Miguel is legal.

Current status
Since Jun 15, 1974
Legal
The penal code does not mention homosexuality explicitly and thus is assumed to be legal
Details
Sources:
oas.org/juridico/MLA/sp/slv…
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Same-sex marriage in San Miguel

?

Same-sex marriage in San Miguel is banned.

Current status
Banned
Article 90 of the Family Code establishes that it is a cause for absolute nullity of marriage when the parties are of the same sex.
Details
Sources:
oas.org/dil/esp/codigo_de_f…
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Jan 1, 2018–Sep 6, 2018
Foreign same-sex marriages recognized only
Gay Marriage and Gay Union legalization pending.
Details
Sources:
quora.com/How-many-countrie…
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Censorship of LGBT issues in San Miguel

?

Censorship of LGBT issues in San Miguel is state-enforced.

Current status
Since Feb 28, 2024
State-enforced
On February 28, 2024, the Minister of Education indicated that "any usage of gender ideology has been thrown out of public schools", which means it is no longer possible to teach about LGBT topics in schools.
Details
Sources:
elpais.hn/ministro-de-educa…
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Until Feb 28, 2024
No censorship
In El Salvador, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
Sources:
elpais.hn/ministro-de-educa…
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Right to change legal gender in San Miguel

?

Right to change legal gender in San Miguel is illegal.

Current status
Since Jan 1, 2017
Illegal
transgender people can change their name. sex change not legal.
Details
Sources:
nodal.am/2017/05/salvador-l…
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Until Jan 1, 2017
Ambiguous
Human Rights activists are still fighting for this, but there are no laws applied
Details
Sources:
Fraternidad Gay sin Fronteras (NG)
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Gender-affirming care in San Miguel

?

Gender-affirming care in San Miguel is legal.

Current status
Since 1997
Legal
In 1997, El Salvador adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Details
Sources:
ourworldindata.org/grapher/…
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Legal recognition of non-binary gender in San Miguel

?

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

Current status
Not legally recognized
El Salvador does not legally recognize non-binary identities.
Details
Sources:
nodal.am/2017/05/salvador-l…
pinknews.co.uk/2020/11/25/n…
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LGBT discrimination in San Miguel

?

LGBT discrimination in San Miguel is illegal in some contexts.

Current status
Since Jan 1, 2009
Illegal in some contexts
The current legal measures against LGBT discrimination are only limited to the public administration.
Protection against LGBT discrimination in:
Health: Ministerial Agreement No. 202 (2009), Law 307 (2016).
Public empleoyment: Decree No. 56 (2010).
Clinical practice for students: Law 227 (2019)
Education: Law 431 (2022).

Hate crime law includes sexual orientation and gender identity.
Details
Sources:
database.ilga.org/el-salvad…
database.ilga.org/api/downl…
jurisprudencia.gob.sv/busqu…
washingtonblade.com/2015/09…
web.archive.org/web/2018050…//www.asamblea.gob.sv/sites/default/files/documents/decretos/C0AB56F8-AF37-4F25-AD90-08AE401C0BA7.pdf (pages 34, 44)
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Jan 1, 2009–2015
Illegal in some contexts
The current legal measures against LGBT discrimination are only limited to the public administration.
Protection against LGBT discrimination in:
Health: Ministerial Agreement No. 202 (2009), Law 307 (2016).
Public empleoyment: Decree No. 56 (2010).
Clinical practice for students: Law 227 (2019)
Education: Law 431 (2022).
Details
Sources:
database.ilga.org/api/downl…
ilo.org/dyn/natlex/docs/ELE…
jurisprudencia.gob.sv/busqu…
unasa.edu.sv/sg/sg/legislac…
web.archive.org/web/2022061…//rrhh.salud.gob.sv/files/webfiles/regulacion/ley_derecho_pacientes.pdf
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LGBT employment discrimination in San Miguel

?

LGBT employment discrimination in San Miguel is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
Illegal to discriminate on govt. offices, by presidential decree, but not punishable
Details
Sources:
Fraternidad Gay sin Fronteras (NGO)
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LGBT housing discrimination in San Miguel

?

LGBT housing discrimination in San Miguel is no protections.

Current status
No protections
There are no legal protections against LGBT discrimination in housing.
Details
Sources:
database.ilga.org/el-salvad…
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Same-sex adoption in San Miguel

?

Same-sex adoption in San Miguel is single only.

Current status
Single only
Legal for single only
Details
Sources:
Fraternidad Gay sin Fronteras (NGO)
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Apr 1, 2015–Sep 14, 2018
Single only
Legalization pending. Required by 2018 IACHR Ruling.
Details
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Intersex infant surgery in San Miguel

?

Intersex infant surgery in San Miguel is unknown.

Current status
Unknown

Serving openly in military in San Miguel

?

Serving openly in military in San Miguel is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Since Sep 1, 2018
Lesbians, gays, bisexuals permitted, transgender people banned
Legal for LGB but not for transgender
Details
Sources:
Fraternidad Gay sin Fronteras (NGO)
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Jun 15, 1974–Sep 1, 2018
Legal
No restrictions for lgbt serving.
Details
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Blood donations by MSMs in San Miguel

?

Blood donations by MSMs in San Miguel is legal with restrictions.

Current status
Legal with restrictions
Gay and bisexual men are allowed to donate blood. Blood donation policy prohibits those who "engage in risky behaviours" from donating (people with multiple sex partners, for instance).
Details
Sources:
transparencia.gob.sv/instit…
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Conversion therapy in San Miguel

?

Conversion therapy in San Miguel is not banned.

Current status
Not banned
Not banned
Details
Sources:
gatoencerrado.news/2022/06/…
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Equal age of consent in San Miguel

?

Equal age of consent in San Miguel is equal.

Current status
Since Jun 15, 1974
Equal
Details
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Equality Index ?
40 / 100
Legal Rights
47 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in San Miguel to help improve its accuracy.
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San Miguel LGBT Organizations

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