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Regions  ▸ North America

LGBT Rights in Bahamas

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Public opinion polls in particular regions of Bahamas have found that homophobic beliefs persist.

OPPOSE
SUPPORT

Support for same-sex marriage (North and South America) (2023)

Ranked #21 of22 regions
Question: How strongly do you approve or disapprove of same-sex couples having the right to marry?
Source:AmericasBarometer, 2023
 
Approve
11%
28.4%
study avg.

Approval of equal rights for gender minorities (North and South America) (2023)

Ranked #16 of18 regions
Question: How strongly do you approve or disapprove of people from gender minorities, such as non-binary, transgender, etc., having the same rights as the majority of (nationality)?
Source:AmericasBarometer, 2023
 
Approve
23%
42.9%
study avg.

Approval of same-sex marriage

74.5%
Strongly disapprove
10%
Approve to a degree

Feeling towards a gay/lesbian running for office

Showed positive feeling to the idea
Disapprove

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History

Homosexual activity in Bahamas

?

Homosexual activity in Bahamas is legal.

Current status
Since Aug 2,1991
Legal
In1991, the Bahamas' amendment to its Sexual Offences Law took effect, and it removed homosexuality as a criminal offence.
1989–Aug 1,1991
Illegal (imprisonment as punishment)
In1989, the Bahamas passed the Sexual Offences Act which loosened the punishment for homosexuality to 20 years in prison. This also criminalised lesbianism for the first time.
Aug 6,1861–1989
Illegal (up to life in prison as punishment)
In1861, Britain’s Offences against the Person Act also applied to the Bahamas which punished buggery with up to life imprisonment. This was retained in the Bahamas upon independence until1989.

Same-sex marriage in Bahamas

?

Same-sex marriage in Bahamas is unrecognized.

Current status
Unrecognized
There is no legal recognition of same-sex couples in the Bahamas. However, there is also no explicit ban on marriage.
Report error  · Log

Censorship of LGBT issues in Bahamas

?

Censorship of LGBT issues in Bahamas is no censorship.

Current status
Since2007
No censorship
In the Bahamas, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

However, there have been cases of censorship against NGOs and bans on LGBTIQ+ themed films in the past as late as2006. There have been no cases since2007 however.
Until2007
State-enforced
There have been cases of state censorship in the Bahamas of LGBTIQ+ topics in the past until2007. Brokeback Mountain was banned in2006.
Report error  · Log

Right to change legal gender in Bahamas

?

Right to change legal gender in Bahamas is illegal.

Current status
Illegal
There is no legal gender recognition provided in the Bahamas.
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Gender-affirming care in Bahamas

?

Gender-affirming care in Bahamas is legal.

Current status
Legal
Gender affirming care is legal in the Bahamas. Hormone therapy and sex reassignment surgery are both provided.
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Legal recognition of non-binary gender in Bahamas

?

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

Current status
Not legally recognized
There is no legal recognition provided to intersex or nonbinary people in the Bahamas.

Hate crime protections in Bahamas

?

Hate crime protections in Bahamas is no protections.

Current status
No protections
Bahamas does not provide hate crime protections based on sexual orientation or gender identity.
Sources:
Penal Code
laws.bahamas.gov.bs/cms/ima…
Criminal Procedure Code
laws.bahamas.gov.bs/cms/ima…
Report error  · Log

LGBT discrimination in Bahamas

?

LGBT discrimination in Bahamas is illegal in some contexts.

Current status
Since Apr 11,2003
Illegal in some contexts
Since2003, Section 1 of the Data Protection (Privacy of Personal Information) Act includes “sexual life” among the protected sensitive personal data.

The Communications Act (2009) states that The Utilities Regulation and Competition Authority (URCA) may by determination issue regulatory and other measures to regulate content services intended for reception by subscribers of carriage services or by broadcasting. URCA shall issue codes of practice which will be taken into account the matter that is likely to incite or perpetuate hatred against, or vilifies, any person or group on the basis of gender and sexual preference, among others.

Section 7(2)(g) of the Mental Health Act (2022) provides that every person diagnosed with, or exhibiting symptoms of, a mental illness has the right to respect for their sexual orientation, gender or gender identity.
Sources:
database.ilga.org/bahamas-lgbti
Communications Act (2009)
laws.bahamas.gov.bs/cms/ima…

CODE OF PRACTICE FOR CONTENT REGULATION
urcabahamas.bs/wp-content/u…
urcabahamas.bs/wp-content/u…

Data Protection (Privacy of Personal Information) Act
laws.bahamas.gov.bs/cms/ima…

Mental Health Act 2022
www.commonlii.org/bs/legis/…
Report error  · Log
Until Apr 10,2003
No protections
Until2003, there were no protections from discrimination provided to LGBTIQ+ people in the Bahamas.
Report error  · Log

LGBT employment discrimination in Bahamas

?

LGBT employment discrimination in Bahamas is no protections.

Current status
No protections
There are no protections from discrimination in employment provided to LGBTIQ+ people in the Bahamas.
Report error  · Log

LGBT housing discrimination in Bahamas

?

LGBT housing discrimination in Bahamas is no protections.

Current status
No protections
Although some antidiscrimination protections are provided to LGBTIQ+ people, there are no protections from housing discrimination provided in the Bahamas.
Report error  · Log

Same-sex adoption in Bahamas

?

Same-sex adoption in Bahamas is single only.

Current status
Single only
Same-sex couples cannot adopt in the Bahamas. However, single LGBTIQ+ people are permitted to adopt.
Report error  · Log

Intersex infant surgery in Bahamas

?

Intersex infant surgery in Bahamas is not banned.

Current status
Not banned
Surgery on intersex infants is legal in the Bahamas.
Report error  · Log

Serving openly in military in Bahamas

?

Serving openly in military in Bahamas is legal.

Current status
Since Aug 2,1991
Legal
The Prime Minister of the Bahamas made an announcement in1998, explicitly supporting LGBTQ+ individuals to serve in the military.

Blood donations by MSMs in Bahamas

?

Blood donations by MSMs in Bahamas is legal.

Current status
Legal
There are no known restrictions or bans on blood donations from men who have sex with men in the Bahamas.
Report error  · Log

Conversion therapy in Bahamas

?

Conversion therapy in Bahamas is not banned.

Current status
Not banned
Conversion therapy is legal in the Bahamas but is reportedly not commonly practised.

Section 5(2)(g)(v) of the Mental Health Act (2022) states that "Mental health care and treatment following a diagnosis of mental illness shall be provided with the aim of recognizing and responding to the person’s individual needs (whether as to culture, language, ability to communicate, age, disability, religion, gender, sexuality, or other matters)."
Report error  · Log

Equal age of consent in Bahamas

?

Equal age of consent in Bahamas is unequal.

Current status
Since Aug 2,1991
Unequal
Set at 16 years for straight couples, and 18 years for same-sex couples.
1989–Aug 1,1991
N/A
In1989, lesbianism was criminalised in the Bahamas.
Aug 6,1861–1989
Female equal, male N/A
The Bahamas criminalised male homosexuality in1861. Lesbianism remained legal until1989.

LGBT Rights by District

View the LGBT laws in each individual district of Bahamas.

    Legal Rights
    44 / 100
    Public Opinion
    16 / 100
    #87
    Interest Rankbased on Equaldex traffic?

    Top Contributors

    1 User Live in Bahamas

    Bahamas LGBT Organizations

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    Common queries:
    • Is it illegal to be gay in Bahamas?
    • Is homosexuality legal in Bahamas?
    • Is gay marriage legal in Bahamas?
    Alternative names: The Bahamas (local name)

    LGBT Rights inCaribbean

    Consensual sexual activity between individuals of the same sex.
    Marriage and marriage recognition between two people of the same biological sex and/or gender identity.
    Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.
    Legal recognition of a change in gender by permitting a change on an individual's legal documentation.
    Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.
    Legal recognition of non-binary, genderqueer, or third gender identities.
    Legal protection from hate crimes based on sexual orientation and gender identity.
    Prohibition of discrimination based on sexual orientation and/or gender identity.
    Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.
    Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.
    The ability for same-sex couples to legally adopt a child.
    Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.
    The ability for homosexuals to serve in the military and be open about their sexuality.
    The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.
    Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)
    The difference between legal age of consent for homosexual sex and heterosexual sex.
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