Iraq criminalizes same-sex relationships with maximum 15 years in prison

Iraq didn't explicitly criminalize gay sex, though loosely defined morality clauses in its penal code had been used to target LGBT people, members of the community have also been killed.

 Iraqi Prime Minister Mohammed Shia al-Sudani attends a press conference, in Baghdad, Iraq April 22, 2024. (photo credit: REUTERS/THAIER AL-SUDANI)
Iraqi Prime Minister Mohammed Shia al-Sudani attends a press conference, in Baghdad, Iraq April 22, 2024.
(photo credit: REUTERS/THAIER AL-SUDANI)

Iraq's parliament passed a law criminalizing same-sex relationships with a maximum 15-year prison sentence on Saturday, in a move it said aimed to uphold religious values but was condemned by rights advocates as the latest attack on the LGBT community in Iraq.

The law aims to "protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world," according to a copy of the law seen by Reuters.

It was backed mainly by conservative Shi'ite Muslim parties who form the largest coalition in mainly Muslim Iraq's parliament.

The Law on Combating Prostitution and Homosexuality bans same-sex relations with at least 10 years and a maximum of 15 years in prison, and mandates at least seven years in prison for anybody who promotes homosexuality or prostitution.

It also imposes between one and three years in prison for anyone who changes their "biological gender" or wilfully dresses in an effeminate manner.

The bill had initially included the death penalty for same-sex acts but was amended before being passed after strong opposition from the United States and European nations.

 Shi'ite Muslims mostly from Iraq flock to the shrine of Sayyida Zeinab in Syria, March 25, 2003. (credit: REUTERS/JAMAL SAIDI)
Shi'ite Muslims mostly from Iraq flock to the shrine of Sayyida Zeinab in Syria, March 25, 2003. (credit: REUTERS/JAMAL SAIDI)

Move to criminalize

Until Saturday, Iraq didn't explicitly criminalize gay sex, though loosely defined morality clauses in its penal code had been used to target LGBT people, and members of the community have also been killed by armed groups and individuals.

"The Iraqi parliament’s passage of the anti-LGBT law rubber-stamps Iraq's appalling record of rights violations against LGBT people and is a serious blow to fundamental human rights," Rasha Younes, deputy director of the LGBT rights program at Human Rights Watch, told Reuters.

US response to the law passed

Iraqi officials who oversee human rights could not immediately be reached for comment. However, in response to the law passed, the US State Department said that criminalizing same-sex relationships was a threat to human rights and freedoms and would weaken Iraq’s ability to diversify its economy and attract foreign investment.

Major Iraqi parties have in the past year stepped up criticism of LGBT rights, with rainbow flags frequently being burned in protests by both ruling and opposition conservative Shi'ite Muslim factions last year.

More than 60 countries criminalize gay sex, while same-sex sexual acts are legal in more than 130 countries, according to Our World in Data.