Iraq Bans Gay & Trans People Under New Anti-Gay ‘Morality’ Laws

Iraq Bans Gay & Trans People Under New Anti-Gay ‘Morality’ Laws
Image: Rainbow flags burned during LGBT protests in 2023. Source: Twitter/X

Human rights and LGBTQIA+ advocacy groups have condemned new laws passed in Iraq over the weekend, which have introduced immediate bans on same-sex activity, being transgender and sex work. 

Passed in Iraqi Parliament on Saturday April 27th, the ‘Law on Combating Prostitution and Homosexuality’ is an amendment to earlier anti-sex work laws passed in 1988.

The law was adopted with support from 170 out of 329 members of Parliament affirming the law, the main bloc of voters coming from highly conservative Shia Muslim parties. 

Seeking to “protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world,” the law gives homosexuality a jail penalty of 10-15 years, while gender transition and ‘effeminate dressing’ receives 1 to 3 years.

Additionally, LGBTQIA+ allyship is banned under the law, with anyone who so much as ‘promotes’ homosexuality looking at 7 years in prison. 

The law is the culmination of increasing crackdowns on the LGBTQIA+ community in Iraq, after the government ordered its media platforms to avoid the words ‘homosexuality’ and ‘gender’ last year. 

Iraq did not previously have any laws specifically punishing gay and trans people, instead using other laws to punish LGBTQIA+ community members under morality clauses.  

Reaction from LGBTQI+ and humans rights groups

The passing of the law was internationally condemned by human rights advocates, LGBTQIA+ groups and world governments, who labelled the law as “unacceptable.”

IraQueer, an Iraq-based gay rights movement, lambasted the new laws in no uncertain terms:

“As they have done before, they will blindly hurt the lives of many individuals in the name of fear and misinformation. It’s not only the LGBT community at risk, Iraqi freedom is at risk!”

Human Rights Watch’s Iraq researcher Sarah Sanbar took to X (formerly Twitter)  to decry the laws, commenting on the effect it would have on Iraqi society.

“Instead of passing laws that would protect and help Iraqis,” she said, “parliament is doing the exact opposite. Horrific and unacceptable.”

The US Department of State also openly criticised the laws in a statement released on the day the laws passed. Similar to Sanbar’s post, the statement spoke to the potential adverse effects on all of Iraq – not just the LGBTQIA+ population.

“This amendment threatens those most at risk in Iraqi society. It can be used to hamper free-speech and expression and inhibit the operations of NGOs across Iraq,” the statement read. 

“The legislation also weakens Iraq’s ability to diversify its economy and attract foreign investment. International business coalitions have already indicated that such discrimination in Iraq will harm business and economic growth in the country.

“Respect for human rights and political and economic inclusion is essential for Iraq’s security, stability, and prosperity. This legislation is inconsistent with these values and undermines the government’s political and economic reform efforts.”

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