LGBT rights in San Marino

LGBTQ rights in San Marino
Location of San Marino (green)

in Europe (dark grey)  –  [Legend]

StatusLegal since 1864
"Habitual" homosexual acts "causing a public scandal" illegal from 1970 to 2004
MilitaryLGBT people may serve
Discrimination protectionsProtections for sexual orientation and gender identity
Family rights
Recognition of relationshipsUnregistered cohabitation since 2012 (only for immigration purposes),
Civil unions since 2019
AdoptionStepchild adoption since 2019

Lesbian, gay, bisexual, and transgender (LGBT) people in San Marino may face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in San Marino, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

Discrimination on account of sexual orientation is banned under the 2019 amendments to the Constitution of San Marino. In November 2018, the Grand and General Council approved a bill to legalise civil unions. The law, which took effect on 5 December 2018 and became fully operational on 11 February 2019, following a number of further legal and administrative changes, allows same-sex and opposite-sex couples to enter into a union and receive some of the rights and benefits of marriage.