Lesbian, gay, bisexual, transgender and queer (LGBTQ) people living in Bahrain face significant challenges and discrimination not experienced by non-LGBTQ residents. While same-sex sexual activity was decriminalised in 1976, laws against indecency remain and are used to target gender and sexual minorities. Offences under these provisions allow for sentences of imprisonment, fines and deportation.
Individuals are able to change their legal gender in a limited range of circumstances that are assessed as being in accordance with Islamic understandings of sex and gender as transmitted by Sunni . The state offers no protection from discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics. LGBTQ individuals face entrenched social stigma. Discussion of homosexuality has been permitted in Bahrain since the 1990s.
Laws
History
Homosexual acts were first criminalised in Bahrain as "sodomy" while it was a protectorate of the British. Similar laws were imposed throughout the British Empire in nearly all of its colonies; these were mostly modelled on the original 1860 Section 377, introduced in India by the Raj.
Legality of same-sex sexual acts A new Penal Code was enacted in March 1976, repealing the Penal Code of the Persian Gulf that was imposed by the British. The new penal code does not prohibit private, non-commercial acts of homosexuality between consenting adults; for the purposes of this law, "adults" are at least 21 years old.
Although no law explicitly criminalizes same-sex relations, authorities have used broadly-phrased penal code provisions against "indecency" and "immorality" or "debauchery" () to target these minorities.
The 2023 United States Department of State's report said:
Interpretation According to an article published by Al-Bilad in 2022, which discussed a recent debate in Bahrain about homosexuality, sparked by an incident where a private school mistakenly distributed material perceived as promoting it. This led to calls for stricter laws and investigations. The Bahraini law already criminalizes "debauchery" and prostitution, with penalties for incitement or promotion of such acts. Article 324 of the Bahraini Penal Code criminalizes inciting or assisting "debauchery" (fujur) or prostitution, which are defined as habitual immoral acts. This law applies to individuals who promote or facilitate such acts (a woman inviting others to commit. Homosexuality is implicitly associated with "debauchery", particularly in the case of men engaging in same-sex relations. However, the law does not explicitly define or address homosexuality as a distinct crime. Lawmakers argue that homosexuality isn't explicitly addressed, creating a "legislative gap." Lawyer Mahmood Rabe'a has pointed out that Article 324 of the Penal Code penalizes anyone who incites a man or a woman to commit debauchery or prostitution, or assists in this by any means, with imprisonment. He clarified that the interpretation of this article, according to jurisprudence and judiciary, stipulates that the crime of debauchery or prostitution is only realized through engaging in indecent acts with people indiscriminately and habitually, whether involving male or female prostitution. He added that when a woman commits indecent acts () and offers herself to anyone without distinction, this constitutes prostitution (), which is attributed to women and does not come from men. Its counterpart is debauchery (), which is attributed to men when they offer themselves to other men indiscriminately and habitually.
Attempts have been made to enact harsher anti-LGBTQ laws; , none have gone through. A bill proposed by some members of parliament to amend the penal code in October 2021, included renaming one of its chapters "Debauchery, Prostitution, and Perversion", and the addition of two articles criminalizing "[raising] a flag, slogan, or any sign symbolizing homosexuals", "[promoting] the ideas and beliefs of homosexuals" and "[inviting, organizing or attending] any gathering or meeting of homosexuals", punishable by up to 5 years' imprisonment and a fine of 3,000-5,000 dinars. The term used in the bill to refer to homosexuals is the derogatory ().
Relationship law For Bahraini Muslim citizens, marriage is defined and otherwise regulated by the National Personal Status Law (2017), which does not recognize same-sex marriages.
According to an interview conducted in 2023 by Ibraheem Al-Nahham for Al-Bilad Newspaper; a pro-government newspaper, Bahraini lawyer Fareed Ghazi (member of "liberal party" Economists Bloc and Al Muntada liberal think tank) stated that Bahraini law criminalizes same-sex relationships outside the framework of traditional Islamic marriage. Ghazi cited religious beliefs and cultural practices as the basis for these legal restrictions, arguing that they are consistent with the country's cultural norms, further stating that any talk about homosexuality in the Kingdom of Bahrain is a violation of Islamic law and the customs and traditions of Bahraini society (referring to the US embassy which celebrates pride month each year). The interview did not address the existence of homosexual individuals in Bahrain or the scientific perspectives on homosexuality. The LGBTQ community in Bahrain is often spoken about from a negative religious "Islamic" perspective. This reflects a broader pattern in some Islamic societies, where new scientific and technological developments, such as the internet, have faced resistance or controversy.
Related penal code provisions Article 324 of the penal code prohibits enticing another person to commit prostitution or "" or "". This translates to 'immorality' and seems to have vagueness in terms of its legal definition. It has increasingly been used to crack down on men who wear women's clothing in public. Articles 325–327 involve forcing of others to become prostitutes. Article 328 of the penal code prohibits running a place for prostitution or . Article 329 of the penal code prohibits people from public solicitation involving prostitution or . Article 330 of the penal code states that anyone who is charged with an act of prostitution or is to be taken to a hospital and tested for sexually transmitted diseases. If they have such diseases, the law stipulates that they be relocated to a medical facility for treatment. Article No. 350 of the Penal Code of Decree Law No. 15 of 1976 prohibits any sort of public indecency. The punishment for those “imitating the opposite sex” can reach up to a year in prison with 100 BHD fines. This could pose serious risks for any individual who does not fit with societal norms and expectations (appearance wise). Article 354 of the penal code prohibits cursing or using words or signs on a street or other public place for the purposes of indulging in immoral behaviour.
Penalties for convictions under the morality or indecency provisions are prison sentences ranging from 3 months to 2 years, fines of up to , deportation for non-Bahrainis, or a combination.
Articles 324, 329 and 350 can be used against homosexuals, transgender people, or any other Queer individuals, as any citizen acting in a way deemed contrary to Islamic morality may be arrested. For example: a local same-sex couple showing affection in public; someone owning a rainbow flag; or even declaring one's own homosexuality, could all be considered public immorality and promoting "".
Gender identity and expression
Gender change recognition In 2017, the United States Department of State described processes for gender change recognition in Bahrain this way: The State Department's 2023 report said:
Two such "rare cases" in the 2000s were those of individuals designated female at birth who identified as male. One, having undergone a genital reconstruction surgery, was reported by the Gulf Daily News in 2006 as going to court in a bid to have his status as a man recognised in law. The legal case progressed through the Bahraini legal system until 2008, when the court granted the motion to allow the transgender man to change his legal documents and be recognised as male. The man's lawyer had earlier won a landmark 2005 case where a transgender Bahraini had undergone sex-confirming surgery and was legally recognised as a man. In both cases, the individuals concerned, although raised as females, were intersex or had some degree of genital or reproductive organ ambiguity.
In 2023, Bahraini courts gave a ruling, in rejecting a transgender man's application, that access to sex reassignment medical procedures was against Islamic law in cases considered to be solely related to gender dysphoria; only individuals with some degree of intersex biological traits should be eligible for gender-confirming procedures, and thereafter legal recognition of gender change.
Government policies and actions
The Al-Menbar Islamic Society is one of the more successful political factions within the Parliament, it has pushed for more conservative social policies, including a crackdown on LGBTQ people.
In response to questions from parliament about lesbianism in schools, the Assistant Under-Secretary for Educational Services Khalid Al Alawi has said that the Education Ministry is not responsible for addressing issues of sexuality, and instead it is the responsibility of parents to take care of their children's emotional development, and that "The public shouldn't make a big deal out of this problem because it does not exist." Also, he said "... the students are facing... [the] category of educational problems, not immoral acts. If a student's appearance is contrary to custom and the school's values, then ... those violating the school's rules should be disciplined."
In 2008, a harsher crackdown on same-sex sexual acts was called for by members of the Al Menbar parliamentary bloc. The government was asked to conduct an official study into the problem of same-sex sexual acts and how to best combat them. The initial response from the government was: The Interior Minister says that "suspected" (effeminate) homosexuals are banned from entering Bahrain by checks at the airport. The Interior Minister says that many male homosexuals choose a profession in hairdressing salons and beauty and massage spas, which the Minister says are often inspected.
Other pending bills would expressly ban LGBTQ foreigners from entering the kingdom or receiving residency permits as well as plans to instruct children's teachers in apparent warning signs of homosexuality or cross-dressing, so that the children can be punished.
In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries. However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.
In 2018, during its participation in the meeting of the Democracy and Human Rights Committee, the Parliamentary Division of the Kingdom of Bahrain objected to the re-raising of the issue "regarding the role of parliaments in ending discrimination based on sexual orientation, and respecting the rights of gays, bisexuals, transgender people, and intersex persons". The deputy d. Jamila al-Sammak, a member of the Parliamentary Division, said that "this proposal contradicts the natural composition of life, which consists of a man and a woman, just as all monotheistic religions, foremost among which the Islamic religion, have prohibited homosexuality and considered it a departure from the natural scope and the proper formation of life. Therefore, the Division believes that it is necessary to respect the privacy of societies in that matter."