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Lesbian, gay, bisexual, and transgender (LGBT) persons in San Marino may face legal challenges not experienced by non-LGBT 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.
Law regarding same-sex sexual activity Edit
In September 2004 article 274 in the Penal Code was repealed by Law No. 121 of 23 September 2004. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they have been engaged in "habitually" and thereby caused "public scandal".
The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained article 274. There are no reports that article 274 was ever applied. It was the only special provision on homosexuality in the San Marinese penal code.
The age of consent is equally set at 14 (Art. 173 CP; the same as in Italy). Additionally (unlike in Italy) it is an offence to "incite a minor under 18 years to sexual corruption" (Art. 177 CC). This law (as similar laws in various countries have been) could be a source for discriminatory enforcement in the case of homosexual relations.
Recognition of same-sex relationships Edit
There is no legal recognition of same-sex couples.
However in June 17, 2012, the country's parliament passed a bill to let foreign persons in same-sex relationships with San Marino citizens stay in the country. The bill stop short of giving any rights to these couples (apart from immigration) but was regardless hailed as a historic step forward. Michele Pazzini, secretary of a San Manino LGBT association, said: "This is a little step towards the full recognition of same-sex couples." The bill was passed 33 to 20.
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