1870s in LGBT Rights

Number of LGBT-related laws changed over time
  • June 11
    Homosexual activity becomes illegal (imprisonment as punishment).
    In 1879, Pennsylvania passed a law that expanded its definition of sodomy to include oral sex.
  • July 13
    Homosexual activity becomes illegal (imprisonment as punishment).
    Bosnia was part of Austiran Empire, which homosexualty is illegal with imprisonment as punishment.
  • October 27
    Homosexual activity becomes illegal (up to life in prison as punishment).
    The 1876 Criminal Law Act of South Australia applied to the Northern Territory until 1984. This criminalised homosexuality between men with life imprisonment until an amendment in 1939.
  • Homosexual activity becomes varies by region.
    In 1876, South Australia became the first territory to remove the death penalty for homosexuality. While male homosexuality was illegal in the whole of Australia, some states still included the death penalty or life imprisonment as a punishment until 1949.
  • Homosexual activity becomes illegal (up to life in prison as punishment).
    The Criminal Law Act of 1876 in South Australia punished buggery with up to life in prison.
  • November 12
    Homosexual activity becomes male illegal, female legal.
    Article 365 in Chile's Penal Code of 1874 made sodomy a crime and punishable by "minor imprisonment in its medium degree." There were no references made to lesbian sex, so it was technically legal.
  • Equal age of consent becomes female equal, male n/a.
    Article 365 criminalized sodomy under the Penal Code of 1874, and there were no mentions of lesbian sex.
  • (date unknown)
    Homosexual activity becomes illegal (up to life in prison as punishment).
    When Fiji was colonized by the British in 1874, they inherited the British’s Victorian-era sodomy laws. The Offences Against the Person Act 1861 made the punishment for homosexual sex up to life in prison.
  • May 26
    Same-sex marriage becomes banned.
    The 1873 Civil Code of Colombia defined a marriage as being between a man and a woman, effectively banning same-sex marriage in Colombia. Law 54 was passed in Colombia in 1990 and further defined a marriage as being between a man and a woman. Despite legalisation in 2016, the law would not be updated until 2025.
  • April 10
    Equal age of consent becomes female equal, male n/a.
    Male homosexuality was illegal in Antigua and Barbuda since 1873. Lesbianism remained legal until 1995.
  • Homosexual activity becomes male illegal, female legal.
    The Offences Against the Person Act of 1873 criminalised buggery in Antigua and Barbuda with up to ten years in prison and hard labour. Lesbianism remained legal until 1995.
  • Equal age of consent becomes female equal, male n/a.
    Until 2022, male homosexuality was illegal in Saint Kitts and Nevis.
  • Homosexual activity becomes male illegal, female legal.
    The Offences Against the Person Act of 1873 criminalised sodomy with up to 10 years in prison in Saint Kitts and Nevis.
  • (date unknown)
    Homosexual activity becomes male illegal, female uncertain.
    Male homosexuality was first criminalised in Dominica in 1873.
  • Homosexual activity becomes illegal (other penalty).
    Sodomy ("keikan") was criminalized in 1873 with article 266 of the Meiji Legal Code, however, it was hardly ever punished, with only 20 recorded instances of sodomy during 1876 to 1881.
  • February 15
    Homosexual activity becomes legal.
    Mexico’s first Penal Code (published in 1871) which entered into force in 1872, made no reference to the criminalisation of sodomy or any other consensual same-sex act between adults. Nevertheless, LGBTQ people could be prosecuted under the vague language of article 787 (Third Book; Title 6 'Violations against family order, public decency, or traditional customs'; chapter II 'Offences against public morals or good manners'), which never mentioned any sexual orientation or gender identity. The penalty included arrest and a fine if the alleged 'indecent act' was committed either in a public place (with or without witnesses) or in a private place. The first known reference of the application of this article towards LGBTQ people dates from November 1901 when the scandal of the 'baile de los cuarenta y uno' (the 'Ball of the Forty-One') occurred. Police illegally raid a private home in Mexico City where 41 men (some of them dressed in women's clothing) from the upper classes of the Mexican society were attending an event. The identity of the suspects was never disclosed, but according to some sources, there are some press articles at the time that state some of them could be conscripted into the army and sent to Yucatán to public works. This was as the Caste War against the Mayan Indigenous rebels was finalising. There are seven names listed in the records of the Supreme Court who filed a writ of protection against their conscription to the army because homosexuality was not illegal in Mexico at the time. Hence, the charge was simply replaced (crime against decency), but the punishment didn't change. This Penal Code was replaced in 1929.
  • Equal age of consent becomes equal.
    Illegal with a minor under 12, ambiguous rulings observed 12-18, universally legal 18+.
  • June 30
    Equal age of consent becomes equal.
    The age of consent of heterosexual and homosexual relations is equal in Guatemala.
  • Homosexual activity becomes legal.
    Homosexuality has been legal in Guatemala since the 1871 Liberal Revolution removed the Constitution of 1856. Consequent constitutions did not recriminalise it.
  • May 15
    Homosexual activity becomes male illegal, female legal.
    Section 175 of the Criminal Code of the German Empire criminalized homosexual activity between men over the age of 18. The penalty was imprisonment or a loss of civil rights.
  • (date unknown)
    Equal age of consent becomes female equal, male n/a.
    In 1871, male homosexuality was criminalised in Ecuador. Lesbianism remained legal until 1938.
  • Homosexual activity becomes male illegal, female legal.
    Male homosexuality was criminalised under the Penal Code of 1871 in Ecuador with imprisonment. Lesbianism would be criminalised in 1938.