Turkish gov’t plans to criminalize LGBTI+ identities: Report

Duvar English

According to the draft law prepared by the Turkish government as part of its next "judicial reform," the criminalization of LGBTI+ identities is being planned.

LGBTI+ news outlet KaosGL obtained the proposed amendments planned for the Civil Code and Penal Code which include several articles to punish particularly public expressions of LGBTI+ identities.

Restrictions on gender affirmation processes

According to the draft law, Article 40 of the Turkish Civil Code, which regulates "gender reassignment," would be subjected to several restrictions.

If enacted, the draft law will first raise the minimum age for initiating the gender affirmation processes from 18 to 21.

Additionally, individuals seeking to begin this process will be required to obtain an official medical board report from “a fully equipped training and research hospital designated by the Health Ministry.” 

The government plans to require this report to confirm that “the individual has a permanent loss of reproductive ability and that gender transition is a medical necessity for their mental health.” 

The Turkish Constitutional Court has previously annulled the requirement of “sterilization” of individuals who seek to complete the legal processes."

The draft law also introduces new barriers for trans individuals seeking to change the gender marker on official documents such as ID cards. Courts will only approve "officially approved processes.”

If the draft law is enacted, a new article will be added to the Turkish Penal Code under the section “Crimes Against Bodily Integrity.” According to this amendment, performing gender affirmation surgeries without official authorization will be punishable by three to seven years in prison. Individuals who undergo unauthorized procedures will face one to three years in prison as well.

Under the current law, there are no criminal penalties for individuals who undergo gender affirmation surgeries without official permission, and they are also able to have their transition process abroad.

‘Biological sex’ to be incorporated to Penal Code

One of the proposed amendments in the draft law concerns Article 225 of the Turkish Penal Code, titled “Obscene Acts.”

If enacted, the term “biological sex” will be introduced into the Penal Code, and expressions of LGBTI+ identities will be classified as "obscenity." Making such expressions visible will be subject to criminal penalties.

According to the KaosGL’s report, the government plans to sentence “anyone who publicly promotes, praises, or encourages behaviors and attitudes that contradict one’s biological sex at birth and general morality” to one to three years in prison.

Also, even though same-sex marriage is not recognized in Turkey, the government also plans to penalize symbolic ceremonies.

“If individuals of the same sex hold an engagement or wedding ceremony, they will face a prison sentence ranging from one year and six months to four years,” the draft law proposes.

President Recep Tayyip Erdoğan has declared 2025 as the “Year of Family,” escalating his rhetoric against the LGBTI+ community in his speeches using "family and national values"

Government officials, including ministers, have also intensified hate speech against LGBTI+ individuals, frequently invoking "family values" as a justification.

While Turkey has never officially recognized diverse gender and sexual identities beyond the Civil Code’s provisions on gender affirmation, it has also never enacted a criminalization law like the one currently being drafted by the government.