Homosexuality is not illegal in Lebanon: the district court, of this Middle Eastern country has been repeating it for years and now the court of appeals is backing it up. “This is a very important step towards the end of homophobia: this ruling will certainly influence the future of the criminal courts of first instance” rejoices Karim Nammour of the non-profit organization The Legal Agenda.
“It’s not a crime”. The turn of events
Let’s proceed in chronological order, starting from 2009 when Judge Mounir Sleiman of the Batrun court decided to acquit a homosexual, claiming that his sex life did not constitute a crime. The sentence had sensational effects. Since then, no homosexual has been convicted under Article 534 of the Penal Code, which dictates up to a year in prison for those who practice “any carnal relationship against the order of nature” .
In 2014 the district court of Metn ruled that the sexual relationship a transsexual woman had with some men were not to be considered “against-nature”. A similar decree followed in 2017-in the same district- when a judge stated that: “The primary role of the court is the protection of the individual and of his personal liberties within the community where he exercises his rights and duties without any discrimination between citizens“, a sentence that crashed the criminalization of homosexual sex in Lebanon.
“LGBT people are not indecent”
In July 2018, the Mount Lebanon court of appeals presided by Judge Randa Kfoury, came forward with a first time sentence reiterating, with higher authority, what was established in previous trials: the social acceptance of homosexuality is such that relations between men or women can not be considered as actions of indecency. Things have substantially changed in the last few years and the Lebanese judiciary system is accepting these changes and even giving them an extra boost.
“Carnal relationships against nature” with minors or practiced in public will remain illegal but these restrictions apply to any sexual act. In Lebanon, consenting adults can have sex in private settings regardless of gender and orientation with the law on their side.
Pier Cesare Notaro
translation by Barbara Burgio
©2018 Il Grande Colibrì
photo: Google
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