LGBT rights in Vatican City

The legal code regarding homosexuality in the Vatican City is based on the Italian penal code of 1929, the time of the founding of the sovereign state of the Vatican City. From 1929 to 2008, the Vatican City automatically adopted most Italian laws; however, it was announced in late 2008 that the Vatican would no longer automatically adopt new Italian laws as its own.

Criminal law

There are no criminal laws against non-commercial, private, adult and consensual same-sex sexual activity. Since 2013, the age of consent is 18 years old, except for sex within marriage, in which case it is 14 years old.

The 1992 Catechism of the Catholic Church which represents the present Catholic Doctrine says that homosexuals may not be unjustly discriminated against.  On December 18, 2008, the Holy See endorsed the decriminalization of same-sex sexual activity, despite expressing opposition to the wording of the "Declaration on Human Rights, Sexual Orientation and Gender Identity" presented at the UN General Assembly that same day.

Foreign diplomats, in order to be accredited, must not be part of a same-sex family, and must not be divorced. In 2008, Jean-Loup Kuhn-Delforge, who is an openly gay diplomat, and who is in a civil pact with his partner, was rejected by Roman Catholic officials to be the French ambassador to the Holy See. In 2015, Laurent Stefanini, an openly gay practising Catholic diplomat was rejected by Roman Catholic officials to be the French ambassador to the Holy See although he was single, and was backed by President Francois Hollande and was supported by France's top Curia cardinal, Jean-Louis Tauran who was the Camerlengo of the Holy Roman Church, and Cardinal André Vingt-Trois, Archbishop of Paris. Despite French refusal to back down from his nomination, and a stand-off with the Vatican that resulted in the position being vacant from March 2015 to May 2016, France nominated another Diplomat in May 2016.

Civil rights
Vatican City State does not have any civil rights provisions that include sexual orientation or gender identity.  However, the 1992 Catechism of the Catholic Church teaches that while homosexual acts are gravely disordered, there may be no unjust discrimination against homosexuals.

On January 13, 1998, the LGBT activist of Arcigay Alfredo Ormando set himself on fire in St. Peter's Square (which is under the jurisdiction of the Vatican City) in protest against the attitude of deep-rooted refusal that has always been expressed by the Catholic religion towards homosexuality. As a result of the severe burns suffered, he died a few days later in the hospital.

Recognition of same-sex relationships

The Vatican City has always expressed its sharpest disagreement against any civil recognition of same-sex unions and same-sex marriage and against the granting of adoption rights to same-sex couples.

Discrimination protections

The Vatican reserves the inalienable right to remove, suspend and dismiss immediately any official and employee who publicly admits to being gay or who even questions the general policy of the Vatican towards homosexuals.

Transgender issues
According to the Catechism of the Catholic Church:

"Man and woman have been created, which is to say, willed by God: on the one hand, in perfect equality as human persons; on the other, in their respective beings as man and woman. "Being man" or "being woman" is a reality which is good and willed by God: man and woman possess an inalienable dignity which comes to them immediately from God their Creator. Man and woman are both with one and the same dignity "in the image of God". In their "being-man" and "being-woman", they reflect the Creator's wisdom and goodness."

In the 2016 document "Amoris Laetitia", written by Pope Francis after a Synod involving a great part of the Catholic bishops from the whole world, he writes that: "It needs to be emphasized that “biological sex and the socio-cultural role of sex (gender) can be distinguished but not separated”."

HIV/AIDS

There are no known cases of AIDS or HIV infection in Vatican City. Internationally, the Vatican government has been a leading opponent of the use of condoms as part of any campaign to stop the spread of the HIV/AIDS pandemic.

Summary table

See also

LGBT rights in Europe
Catholic Church and homosexuality
Index of Vatican City-related articles
Instruction Concerning the Criteria for the Discernment of Vocations with regard to Persons with Homosexual Tendencies in view of their Admission to the Seminary and to Holy Orders

References

Category:Politics of Vatican City
Vatican City
Vatican City
Category:Human rights in Vatican City