1988 in LGBT Rights

In 1988, there were 27 recorded legal changes made affecting LGBT people. In the previous year, there were 13 changes made and 10 in the following year. A total of 147 legal changes were made in the 1980s.

  • December 31
    Same-sex marriage becomes banned.
    Homosexuality is illegal and same sex marriage is not recognized.
  • Homosexual activity becomes illegal (imprisonment as punishment).
    Article 325 of the Guinea Penal Code states that homosexuality is illegal with punishment being 6 months to three years in prison and a fine of 100,000 to 1,000,000 Guinean francs. If the act was committed with a minor (under 21 years), the individual will face the maximum penalty.
  • December 23
    Homosexual activity becomes legal.
    Homosexuality is legal
  • November 15
    Right to change legal gender becomes legal, but requires surgery.
    In 1988, the Sexual Reassignment Act passed in South Australia which provided for legal gender recognition after surgery.
  • Right to change legal gender becomes varies by region.
    On November 15, 1988, South Australia passed the Sexual Reassignment Act, the first law providing legal gender recognition in Australia. Federally, there are no requirements for surgery for legal changes to federal documents since 2013 under the Australian Government Guidelines on the Recognition of Sex and Gender. However, state documents have varying requirements. Most states don't allow you to change your gender marker more than once in a 12-month period. The High Court of Australia has ruled that gender reassignment surgery does not need to be comprehensive, just be socially identifiable as your preferred gender. • Any government department that operates at a federal level does not require surgery. • In NSW a gender marker change requires GRS, top surgery, or orchiectomy. • In Queensland gender change requires an application confirming surgery or proof of reassignment surgery. • In South Australia no surgery is required, only proof of psychological counseling. • In Tasmania no surgery is required, they may require proof of psychological counseling for persons under 18. • In Victoria no surgery is required, you just have to attest you are the gender you claim. • In Western Australia surgery is not required. • In Northern Territory clinical treatment, either: surgery, hormone therapy, or counselling is required.
  • October 5
    Censorship of LGBT issues becomes no censorship.
    Laws enforcing any kind of censorship in Brazil are explicitly against the Brazilian Constitution of 1988, that severely punishes it. Every time a State Congress tries to introduce a bill like this on a state level, the Supreme Court intervenes on the case.
  • LGBT discrimination becomes no protections.
    The Brazilian Constitution of 1988 criminalizes any form of discrimination based on ethnicity, race, sex, color and age, but it does not include sexual orientation or gender identity.
  • LGBT housing discrimination becomes no protections.
    Although the Brazilian constitution of 1988 prohibits any form of discrimination, it was not until 2019 that homosexuals and trans people were definitively recognized as one of these groups.
  • August 3
    Same-sex marriage becomes banned.
    Article 1 of an executive order titled "Family Code of the Philippines" defines marriage as "a special contract of permanent union between a man and a woman".
  • July 26
    Censorship of LGBT issues becomes state-enforced.
    In 1987, House Bill 484 was passed in Louisiana and took effect in 1988. It prohibited sex education from utilising any "sexually explicit materials depicting male or female homosexual activity". Unlike most laws, this was never repealed. In 2024, House Bill 122 was passed and prohibited the discussion of anything relating to sexual orientation or gender identity to students.
  • May 24
    Censorship of LGBT issues becomes state-enforced.
    Section 28 of the Local Government Act 1988 stated that local authorities could not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship". The law did not create a criminal offence, leaving staff to fear losing their jobs if they breached the rules.
  • May 4
    Right to change legal gender becomes legal, but requires surgery.
    Never was banned, officially legalized in 1988. In Turkey, the minimum age required to get sex reassignment surgery is 18. In order for one to legally change their gender, the surgery must be conducted at a state hospital.
  • March 24
    Censorship of LGBT issues becomes state-enforced.
    Section 28 of the Local Government Act 1988 stated that local authorities could not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship". The law did not create a criminal offence, leaving staff to fear losing their jobs if they breached the rules.
  • Censorship of LGBT issues becomes varies by region.
    Section 28 of the Local Government Act 1988, which applied to England, Wales and Scotland, stated that local authorities could not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship". The law did not create a criminal offence, leaving staff to fear losing their jobs if they breached the rules.
  • Censorship of LGBT issues becomes state-enforced.
    Section 28 of the Local Government Act 1988 stated that local authorities could not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship". The law did not create a criminal offence, leaving staff to fear losing their jobs if they breached the rules. This law extends to Scotland.
  • March 4
    Equal age of consent becomes unequal.
    Section 14 of the Sexual Offences Act 23 of 1957, as inserted by the Immorality Amendment Act 2 of 1988, set the age of consent for gay and lesbian sex at 19, as opposed to 16 for straight sex. Gay male sex was in any case illegal for all ages.
  • (date unknown)
    Gender-affirming care becomes legal.
    Gender affirming care is provided in Switzerland, including for minors since 1988. A restriction on it only being provided after two years of therapy was lifted in 2010. The Swiss national council rejected a motion to ban gender affirming care for minors in 2023 saying that the legislature should decide the policies.
  • Gender-affirming care becomes legal, but restricted for minors.
    Turkey provides for gender affirming care and it is comparatively more affordable than in other countries. However, you must be 18 to undergo SRS.
  • Gender-affirming care becomes restricted.
    In 1988, Niger legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
  • Gender-affirming care becomes restricted.
    In 1988, Nepal legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
  • Censorship of LGBT issues becomes state-enforced.
    An archaic 1988 law "banning homosexual or gay topics within school classrooms" was made.
  • Blood donations by MSMs becomes banned (indefinite deferral).
    In 1988, Denmark implemented a life-time ban on blood donations from men who have sex with men.
  • January 1
    Blood donations by MSMs becomes banned (indefinite deferral).
    no description
  • Same-sex marriage becomes banned.
    Published in 1988, the Marshall Islands government legislation established rules for registering births, deaths, and marriages. The expressions used for marriages only described different-sex couples (i.e., one man, and one woman) and did not include any information relating to same-sex marriage. No gay marriages have been officiated in the Marshall Islands.
  • (date unknown)
    Equal age of consent becomes equal.
    The age of consent of 14 years is equal for everyone.
  • Right to change legal gender becomes legal, but requires surgery.
    Transgender citizens are permitted to change their legal gender in Taiwan provided they undergo gender re-assignment surgery.. In 2008 the Taiwanese Health Department announced it would recommend that female to male transexuals would no longer be required
  • Homosexual activity becomes male illegal, female legal.
    According to sections 136–142 of the The Criminal Offences Act, the maximum penalty for same-sex sexual activity in Tonga is 10 years in prison and whipping. Decriminalization pending.

LGBT Organizations Founded in 1988

  • COLAGE FaviconCOLAGE
    COLAGE unites people with lesbian, gay, bisexual, transgender, and/or queer parents into a network of peers and supports them as they nurture and empower each other to be…
  • GLEN; Gay And Lesbian Equality Network FaviconGLEN; Gay And Lesbian Equality Network
    GLEN's vision for equality, as articulated in the Building Sustainable Change programme is that of full participation by lesbian, gay and bisexual people in all aspects of life…
  • Equality Tasmania FaviconEquality Tasmania
    Equality Tasmania (formerly the Tasmanian Gay and Lesbian Rights Group) is a community group that has proudly advocated for LGBTIQA+ rights since 1988. They have a long history…