LGBTI+ groups call for support as Turkey moves to restrict gender transition

The Turkish government, which has declared 2025 as the "Year of the Family," is preparing a legislative amendment that could significantly impact LGBTI+ rights.

According to media reports, the Justice Ministry has drafted a bill that is expected to be submitted to Parliament in the coming days. The proposed changes would amend both the Civil Code and the Penal Code, introducing stricter regulations on gender transition and increasing penalties related to LGBTI+ expressions. Kaos GL first reported about the planned amendments, based on the draft bill it obtained.

One of the key amendments concerns Article 40 of the Turkish Civil Code, which regulates gender transition. Under the proposed changes, the minimum age to begin the gender transition process would be raised from 18 to 21.

Individuals seeking gender transition would be required to obtain an official medical board report from fully equipped hospitals designated by the Health Ministry. This report must certify that they are "permanently incapable of reproduction."

Additionally, those performing gender transition procedures without prior authorization could face prison sentences ranging from three to seven years, along with judicial fines of between 1,000 and 10,000 days' worth of daily income. Transgender individuals who undergo gender transition surgeries abroad would also face legal consequences when applying for recognition of their gender in Turkey.

The bill also includes amendments to Article 225 of the Turkish Penal Code, which addresses "obscene acts." If passed, the law would introduce the term "biological sex" into the Penal Code and classify LGBTI+ expressions as "obscenity." Actions that make such expressions visible would be subject to penalties.

According to the draft bill, the proposed amendments would include the following provisions:

• "Anyone who openly promotes, praises, or encourages behavior and attitudes that contradict biological sex assigned at birth and general morality shall be sentenced to one to three years in prison."
• "If individuals of the same sex hold an engagement or wedding ceremony, they shall be sentenced to one and a half to four years in prison."

Furthermore, the activities of civil society organizations advocating for LGBTI+ rights could be subject to legal action, as they may be classified as promoting behavior that contradicts "biological sex." If enacted, the bill would also criminalize symbolic engagement and wedding ceremonies held by LGBTI+ couples.

Criticism from LGBTI+ rights groups

Fifteen LGBTI+ organizations in Turkey issued a statement on Mar 6 condemning the draft bill, arguing that it would intensify discrimination and violence against LGBTI+ individuals while stripping them of fundamental rights and freedoms.

"The leaked omnibus bill contains provisions that would further entrench the discrimination and violence faced by LGBTI+ individuals and take away their fundamental rights and freedoms," the organizations said. They called on lawmakers to reject the proposal, stating, "These provisions violate both Turkey’s Constitution and the international agreements it has signed. Our greatest hope is that this bill remains only a draft and never reaches the general assembly of Parliament. Even discussing these provisions represents a major setback for our social peace, democracy, and human rights record."

The statement urged human rights defenders and organizations to take action:

"The target of this bill is not just LGBTI+ individuals—this affects us all! This is more than just a law; it is an attempt to normalize the government's anti-democratic policies and marks the beginning of a dark chapter in history. The more isolated we become, the more vulnerable we are. We call on you to stand in solidarity with LGBTI+ individuals, raise your voices against this bill, and defend our rights more loudly than ever before."

Addressing political parties and lawmakers, the organizations emphasized the need for unequivocal support:

"The time for hesitant defense is over. We do not want to hear vague excuses or half-hearted justifications. We call on you to stand firmly with the LGBTI+ citizens of this country, without hesitation or conditions. Do not allow yourselves to be confined by the limits set by the government. Do not fuel disinformation about LGBTI+ people. Listen to society and uphold human rights. If this bill passes, it will endanger not only LGBTI+ people but also democracy itself."

Finally, the statement called for solidarity from families, friends, and allies:

"You may know that we are LGBTI+, or you may not have even considered it. But we are close to you. This law threatens our right to breathe, to receive an education, and to live freely. It is built on artificial pretexts and baseless claims meant to disrupt our peace.

We call on everyone who is concerned about the darkness we are being dragged into to stand with us. We need your minds, your voices, and your support. This bill affects us all, which means this fight belongs to all of us. We are society itself, and those who seek to divide us through discrimination are the true enemies of social peace. We will not give up our rights, our love, our bodies, or our freedoms! The whole society is standing together against this law of discrimination and hate."

(TY/VK)