Is gay marriage legal in turkey

While in 2014 the march attracted more than 100,000 people. However, there is no statement guaranteeing the freedom of assembly of LGBT persons. Well-known annual Pride events, especially in Istanbul, face periodic bans but still galvanize the local community. 28 of the magazine for more than 5 years. Furthermore, bear in mind that information regarding the legal situation of the LGBT community in Turkey can become outdated quickly, so always seek the most current advice and updates before making any decisions.

The LGBT Social Situation In Turkey

In Turkey, the social situation for LGBT individuals remains complex and challenging.

However, the Ministry of National Education does not allow peer education interventions on sexual and reproductive health at schools.

In recent years, the Turkish government has introduced trial programs for sexuality education. There are many cases where LGBT persons’ human rights such as freedom of association, freedom of assembly, freedom of expression, employment and housing have been violated.

While laws do not explicitly discriminate against LGBT persons, often organizations present in the country state that references in the law relating to the “morals of society” and “unnatural sexual behavior” were used as the basis for abuse by police and discrimination by employers.

Since there is virtually no law on LGBT issues, to understand the situation of LGBT persons in front of the law, the court law can be applied.

Discrimination against LGBT persons is prevalent and rights such as housing, employment, family, education etc cannot be easily accessed by LGBT persons.

One clear case of legal discrimination is the one found in army regulations which do not allow gay and transgender persons to enroll because their sexual orientation and gender identity are still considered as “psychosexual disorder”.

In 2015, a judge in the Aydın 3rd Penal Court of First Instance filed a complaint to the Constitutional Court, asking it to modify article 226 of the Penal Code.

This can be accepted as a positive attitude towards transgender persons and it is the only regulation on transgender rights. Court cases observed show that LGBT persons can receive their rights on freedom of association, freedom of assembly and freedom of expression according to court law. There are some cases of civil servants and gay people working in private sector being fired from work because of their sexual orientation.

The number of hate crimes against LGBT persons is high. The Pride Committee took the decision of canceling the event, but of having a press statement conference in the Tunel Square, which was also banned by the Istanbul Governor’s Office again

8. There is also widely reported hate speech in many media and from many journalists and public personalities.

Access to LGBT websites is also prohibited in some internet cafes and universities by filter programs.

In 2015 Turkey’s Telecommunications Authority (TİB) blocked dating website www.gay.com in October, making it inaccessible nationwide.

16.

Advocacy groups and international organizations have been urging the Turkish government to reconsider these stringent requirements and adopt more inclusive policies that would adhere to the Geneva Convention’s recommendations.

Same-sex marriage is still not recognized in Turkey, and legal protections for same-sex couples are minimal.

So, as a disadvantaged group, although transgender persons are accepted as equal citizens, this does not allow for transgender persons to access their same fundamental rights as any other citizen. 

In order for transgender persons to legally change their gender/name, they are required to divorce before the gender reassignment surgery and they must be deprived of their reproduction capacity according to article 40 of the Turkish Civil Code.

After gender reassignment surgery and receiving a new citizen identity card pertaining to their preferred gender by court order, transgender persons are allowed to marry a person of the opposite sex.

Turkish legislation provides some regulations regarding the situation of transgender persons (and gay men) in the army as well as gender reassignment surgery of transgender persons.

Most transgender persons, especially male to female transgender persons are unemployed and they do not see any other way than to make a living as sex workers.

On 7 March 2010 the State Minister responsible for Women and Family issues, Mrs. Selma Aliye Kavaf stated on 7 March 2010 that she sees homosexuality as an illness and something that must be treated. 

In 2015 for the first time, the Constitutional Court acknowledged that referring to LGBTI people as “perverts” constituted hate speech.

These broadly worded laws, which aim to protect “public order,” “public morality,” or “public decency,” are interpreted and used by authorities to ban LGBTQ+ events, protests, or public displays. However, a complex legal and social environment exists where other laws are frequently used to restrict the rights and public expression of LGBTQ+ individuals.

Moreover, staff at the UNHCR and the Turkish Ministry of Interior, the two institutions charged with adjudicating their refugee status, have sometimes conducted themselves inappropriately or counter-productively during the refugee adjudication process.

18. Following the encounter, the gynecologist lodged a complaint against the patient, claiming she had insulted her.

Ekmeleddin İhsanoğlu (independent) said homophobia “[was]n’t a universal issue”, and that one had to respect “society’s sensitivities”.