1998 in LGBT Rights

In 1998, there were 31 recorded legal changes made affecting LGBT people. In the previous year, there were 29 changes made and 40 in the following year. A total of 495 legal changes were made in the 1990s.

  • November 23
    Homosexual activity becomes legal.
    Powell v. The State, Supreme Court of Georgia (1998).
  • October 9
    Homosexual activity becomes legal.
    Male homosexuality was legalized in South Africa in 1998. Female homosexuality has never been illegal.
  • September 26
    Blood donations by MSMs becomes banned (indefinite deferral).
    Following Canadian Blood Services guidelines.
  • Blood donations by MSMs becomes banned (indefinite deferral).
    Following Canadian Blood Services guidelines.
  • Blood donations by MSMs becomes banned (indefinite deferral).
    Following Canadian Blood Services guidelines.
  • September 1
    Right to change legal gender becomes legal, but requires medical diagnosis.
    The Family Code states that "correction of civil status records when changing gender is allowed only upon the conclusion of the health authorities". However, there are many reports of healthcare professionals being unwilling to do so.
  • Homosexual activity becomes legal.
  • August 20
    Equal age of consent becomes equal.
    In 1998, Malta's age of consent became equalized at 18.
  • July 1
    Homosexual activity becomes illegal (up to life in prison as punishment).
    Section 16 of the Sexual Offences Special Provisions Act (1998) amended Section 154 of the Code to aggravate the penalty for "carnal knowledge against the order of nature”, raising it to "imprisonment for life and in any case to imprisonment for a term of not less than 30 years".
  • June 5
    LGBT discrimination becomes illegal.
    In the 1998 constitution, article 23.3 extended discrimination protection to sexual orientations. In its 2008 constitution included gender identity in its protection in article 11.2
  • May 21
    Equal age of consent becomes unequal.
    Age of consent for homosexual couples set at 18 versus 16 for heterosexual couples.
  • Homosexual activity becomes legal.
    Homosexuality legalised following the European Court of Human Rights case of Modinos v. Cyprus.
  • May 20
    LGBT discrimination becomes illegal in some contexts.
    General law on HIV/AIDS protects LGBT people from discrimination in some contexts.
  • May 8
    Serving openly in military becomes legal.
    President of Bahamas made an announcement in 1998, explicitly supporting LGBTQ+ individuals to serve in the military
  • April 22
    Homosexual activity becomes illegal (imprisonment as punishment).
    Imprisonment of up to 5 years for "gross indecency”.
  • April 2
    LGBT employment discrimination becomes sexual orientation only.
    Sexual orientation was not included in the Alberta Human Rights act until 2009 but was "read in" by the Alberta Human Rights Commission since 1998.
  • LGBT discrimination becomes illegal in some contexts.
    Sexual orientation had been read-in as a protected ground in spite of no explicit mention in the law during this span. Reading-in of transgender under "gender" is a more recent development.
  • (date unknown)
    Right to change legal gender becomes illegal.
    In Venezuela, the law currently does not allow gender marker change in identification documents. Article 146 of the Civil Registry Law nominally allows the change of name based on gender but requests by transgender people are denied by the Civil Registry. In 2017, the Supreme Tribunal declared the right to gender change following medical, psychiatric and psychological examinations. With this, the judicial sector of Venezuela has been able to recognize some cases of gender change, but no proper mechanism is in place for the greater population of Venezuela. Until 1998, Venezuela was among the first countries to legally recognise trans people but all means of recognition ended under the new constitution under Hugo Chavez.
  • Equal age of consent becomes equal.
    The age of consent started being equal when homosexuality was legalized
  • Homosexual activity becomes legal.
    Homosexuality in Zhambyl Oblysy is legal since it was legalized countrywide in 1998
  • Same-sex adoption becomes single only.
    Single LGBT individuals may adopt children, but same-sex couples may not adopt jointly or by way of second parent adoption.
  • January 1
    Serving openly in military becomes illegal.
    Homosexuality is currently illegal in Tanzania
  • LGBT housing discrimination becomes sexual orientation and gender identity.
    Discrimination is illegal for both sexual orientation and gender identity
  • LGBT employment discrimination becomes sexual orientation and gender identity.
    Discrimination is illegal for both sexual orientation and gender identity.
  • (date unknown)
    LGBT housing discrimination becomes sexual orientation only.
    This state explicitly bans housing discrimination based upon sexual orientation only. Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
  • LGBT employment discrimination becomes sexual orientation only.
    State law provides protections from discrimination based on sexual orientation only. Additionally, public state employees are granted some benefits solely based upon marriage, same-sex partners are eligible to receive these benefits.
  • Same-sex marriage becomes banned.
    Since homosexual activity is illegal in Tonga, same-sex marriage is not legal.
  • January 1
    LGBT discrimination becomes illegal.
    There are several provision that bans discrimination against the basis of sexual orientations and gender identities. A court ruling has also stated that the general anti-discrimination law in the constitution extends its coverage to sexual orientation and gender identities as well.
  • Equal age of consent becomes equal.
    With Criminal Law from 1997 the edge of consent of 14 years became equal for everyone. The limit was raised to 15 years with Criminal Law adopted in 2011.
  • (date unknown)
    Homosexual activity becomes legal.
    De facto legal since late 1997 (equalized age of consent), de jure since 1998
  • Blood donations by MSMs becomes banned (indefinite deferral).
    In 1998, China banned homosexual men and women from donating blood out of fear of spreading HIV.

LGBT Organizations Founded in 1998

  • Equality California FaviconEquality California
    Equality California is the largest statewide LGBT advocacy organization in California working to secure full and lasting equality for and acceptance of LGBT people.
  • Out & Equal FaviconOut & Equal
    Out & Equal Workplace Advocates educates and empowers organizations, human resources professionals, employee resource groups, and individual employees through programs and…
  • The Trevor Project FaviconThe Trevor Project
    ~~ Mission ~~ The mission of The Trevor Project is to end suicide among gay, lesbian, bisexual, transgender and questioning young people. The organization works to fulfill…
  • JFLAG FaviconJFLAG
    J-FLAG is the first human rights organisation in the history of Jamaica to serve the needs of LGBT peoples and over time it became the first port of call for the media, resulting…
  • Deutsche Gesellschaft für Transidentität und Intersexualität e.V. FaviconDeutsche Gesellschaft für Transidentität und Intersexualität e.V.
    The dgti (German Association for Transidentity and Intersexuality) is an association representing transgender, intersex and non-binary people. It is well known for issuing an…
  • LEGABIBO FaviconLEGABIBO
    LEGABIBO’s (Lesbians, gays, and bisexuals of Botswana) fight for change is in its DNA. They have fought for justice and the realisation of human rights for LGBTIQ+ people in…
  • Taiwan Tongzi Hotline Association FaviconTaiwan Tongzi Hotline Association
    The Taiwan Tongzhi Hotline Association is the oldest and largest LGBTQ+ association in Taiwan. It offers many services for the LGBTQ+ community, such as support groups for…