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| image = EU-Romania.svg
| image = EU-Romania.svg
| caption = {{map caption |location_color=dark green |country=[[Romania]] |region=Europe |region_color=dark grey |subregion=the [[European Union]] |subregion_color=light green |legend=EU-Romania.svg}}
| caption = {{map caption |location_color=dark green |country=[[Romania]] |region=Europe |region_color=dark grey |subregion=the [[European Union]] |subregion_color=light green |legend=EU-Romania.svg}}
| legal_status = Legal since 1996, age of consent equalized in 2002
| legal_status = Legal since 2002, age of consent equalised in 2002
| penalty =
| penalty =
| gender_identity_expression = Change of legal sex allowed since 1996, following [[sex reassignment surgery]]
| gender_identity_expression = Change of legal sex allowed since 1996, following [[sex reassignment surgery]]
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}}
}}
{{LGBT rights}}
{{LGBT rights}}
'''Lesbian, gay, bisexual, and transgender''' ('''LGBT''') persons in '''Romania''' may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in [[Romania]] are generally [[conservative]], with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against [[homophobia|homophobic]] [[hate crime]]s.<ref name="assault">{{cite web |url=http://www.gaystarnews.com/article/romania-anti-gay-assault-seven-people091112/ |title=Romania anti-gay assault on seven people |work=Gay Star News |author=Dan Littauer |date=9 November 2012 |access-date=1 August 2016 |archive-date=14 November 2012 |archive-url=https://web.archive.org/web/20121114072952/http://www.gaystarnews.com/article/romania-anti-gay-assault-seven-people091112/ |url-status=dead }}</ref><ref>{{cite web |url=http://www.romanialibera.ro/actualitate/eveniment/-hate-crimes--in-romania--a-fost-lansat-primul-site-de-monitorizare-a-infractiunilor-impotriva-grupurilor-vulnerabile-287134 |title="Hate crimes" în România. A fost lansat primul site de monitorizare a infracțiunilor împotriva grupurilor vulnerabile |work=România Liberă |author=Flavia Drăgan |date=12 December 2012|language=ro}}</ref> Furthermore, LGBT communities have become more visible in recent years, as a result of events such as [[Bucharest]]'s annual [[Bucharest Pride|pride parade]] and [[Cluj-Napoca]]'s [[Gay Film Nights]] festival.
Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in [[Romania]] are generally [[conservative]], with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against [[homophobia|homophobic]] [[hate crime]]s.<ref name="assault">{{cite web |url=http://www.gaystarnews.com/article/romania-anti-gay-assault-seven-people091112/ |title=Romania anti-gay assault on seven people |work=Gay Star News |author=Dan Littauer |date=9 November 2012 |access-date=1 August 2016 |archive-date=14 November 2012 |archive-url=https://web.archive.org/web/20121114072952/http://www.gaystarnews.com/article/romania-anti-gay-assault-seven-people091112/ |url-status=dead }}</ref><ref>{{cite web |url=http://www.romanialibera.ro/actualitate/eveniment/-hate-crimes--in-romania--a-fost-lansat-primul-site-de-monitorizare-a-infractiunilor-impotriva-grupurilor-vulnerabile-287134 |title="Hate crimes" în România. A fost lansat primul site de monitorizare a infracțiunilor împotriva grupurilor vulnerabile |work=România Liberă |author=Flavia Drăgan |date=12 December 2012|language=ro}}</ref> Furthermore, LGBT communities have become more visible in recent years, as a result of events such as [[Bucharest]]'s annual [[Bucharest Pride|pride parade]], [[Timișoara]]'s [[Timișoara Pride Week|Pride Week]] and [[Cluj-Napoca]]'s [[Gay Film Nights]] festival.


In 2006, Romania was named by [[Human Rights Watch]] as one of five countries in the world that had made "exemplary progress in combating rights abuses based on sexual orientation or gender identity."<ref>{{cite web |url=https://www.hrw.org/news/2006/05/17/hall-shame-shows-reach-homophobia |title='Hall of Shame' Shows Reach of Homophobia |work=Human Rights Watch |date=17 May 2006}}</ref> However, in June 2020, it placed a blanket ban on the study of gender identity in education.<ref name="Reuters 2020">{{cite news |date= 17 June 2020 |title= Romanian rights groups condemn ban on gender identity studies |url= https://www.reuters.com/article/us-romania-lgbt-rights-idUSKBN23O22G |work= Reuters |access-date= 7 September 2022}}</ref> The ban was struck down in December 2020 by Romania’s Constitutional Court.<ref name="Reuters, December 2020">{{cite news |date= 16 December 2020 |title= Romanian top court overturns ban on gender identity studies |url= https://www.reuters.com/article/us-romania-lgbt-rights-idUSKBN28Q2NF |work= Reuters |access-date= 7 September 2022}}</ref><ref name="Reuters, April 2022">{{cite news |date= 29 April 2022 |title= Romania must reject Hungary-style anti-LGBT bill, rights groups say |url= https://www.reuters.com/world/europe/romania-must-reject-hungary-style-anti-lgbt-bill-rights-groups-say-2022-04-29/ |work= Reuters |access-date= 7 September 2022}}</ref> In April 2022, a bill passed in the [[Senate of Romania]] banning "gay propaganda" in schools.<ref name="Reuters, April 2022"/> Also in April 2022, the senate passed a bill banning the discussion of homosexuality and gender identity in public spaces.<ref name="Al Jazeera 2022">{{cite news |last= Radu |first= Alexandra |date= 12 July 2022 |title= Photos: Thousands march in Romania as law censoring LGBTQ looms |url= https://www.aljazeera.com/gallery/2022/7/12/photos-thousands-march-in-romania-as-law-censoring-lgbtq-looms |work= Al Jazeera |access-date= 7 September 2022}}</ref> It was approved by the Romanian Human Rights Commission but requires approval by the [[Chamber of Deputies (Romania)|Chamber of Deputies]], Romania's [[lower house]] of Parliament.<ref name="Al Jazeera 2022"/> The bill sparked a march by over 15,000 people in Romania's capital [[Bucharest]] in July 2022, calling for equal rights for gender and sexual minorities.<ref name="Al Jazeera 2022"/> In 2022, the advocacy group [[ILGA-Europe]] ranked Romania 26 out of 27 [[European Union]] (EU) countries for LGBT rights protection, behind all EU countries except [[LGBT rights in Poland|Poland]].<ref>{{cite web |title=Country Ranking |url=https://www.rainbow-europe.org/country-ranking#eu |website=[[Rainbow Europe]]|date=May 2022 |access-date=29 May 2021}}</ref>
In 2006, Romania was named by [[Human Rights Watch]] as one of five countries in the world that had made "exemplary progress in combating rights abuses based on sexual orientation or gender identity."<ref>{{cite web |url=https://www.hrw.org/news/2006/05/17/hall-shame-shows-reach-homophobia |title='Hall of Shame' Shows Reach of Homophobia |work=Human Rights Watch |date=17 May 2006}}</ref> However, in June 2020, it placed a blanket ban on the study of gender identity in education.<ref name="Reuters 2020">{{cite news |date= 17 June 2020 |title= Romanian rights groups condemn ban on gender identity studies |url= https://www.reuters.com/article/us-romania-lgbt-rights-idUSKBN23O22G |work= Reuters |access-date= 7 September 2022}}</ref> The ban was struck down in December 2020 by Romania’s Constitutional Court.<ref name="Reuters, December 2020">{{cite news |date= 16 December 2020 |title= Romanian top court overturns ban on gender identity studies |url= https://www.reuters.com/article/us-romania-lgbt-rights-idUSKBN28Q2NF |work= Reuters |access-date= 7 September 2022}}</ref><ref name="Reuters, April 2022">{{cite news |date= 29 April 2022 |title= Romania must reject Hungary-style anti-LGBT bill, rights groups say |url= https://www.reuters.com/world/europe/romania-must-reject-hungary-style-anti-lgbt-bill-rights-groups-say-2022-04-29/ |work= Reuters |access-date= 7 September 2022}}</ref> In April 2022, a bill passed in the [[Senate of Romania]] banning "gay propaganda" in schools.<ref name="Reuters, April 2022"/> Also in April 2022, the senate passed a bill banning the discussion of homosexuality and gender identity in public spaces.<ref name="Al Jazeera 2022">{{cite news |last= Radu |first= Alexandra |date= 12 July 2022 |title= Photos: Thousands march in Romania as law censoring LGBTQ looms |url= https://www.aljazeera.com/gallery/2022/7/12/photos-thousands-march-in-romania-as-law-censoring-lgbtq-looms |work= Al Jazeera |access-date= 7 September 2022}}</ref> It was approved by the Romanian Human Rights Commission but requires approval by the [[Chamber of Deputies (Romania)|Chamber of Deputies]], Romania's [[lower house]] of Parliament.<ref name="Al Jazeera 2022"/> The bill sparked a march by over 15,000 people in Romania's capital [[Bucharest]] in July 2022, calling for equal rights for gender and sexual minorities.<ref name="Al Jazeera 2022"/> In 2022, the advocacy group [[ILGA-Europe]] ranked Romania 26 out of 27 [[European Union]] (EU) countries for LGBT rights protection, behind all EU countries except [[LGBT rights in Poland|Poland]].<ref>{{cite web |title=Country Ranking |url=https://www.rainbow-europe.org/country-ranking#eu |website=[[Rainbow Europe]]|date=May 2022 |access-date=29 May 2021}}</ref>


== Laws against homosexuality ==
== Laws against homosexuality ==
The Penal Code promulgated by [[Alexandru Ioan Cuza]] in 1864, inspired mainly by the [[French Penal Code of 1810]] (which, over time, had eliminated the penal discrimination of homosexuality),<ref>{{cite book |chapter-url=http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780195093032.001.0001/acprof-9780195093032-chapter-5 |chapter=The Regulation of Male Homosexuality in Revolutionary and Napoleonic France, 1789–1815 |author=Michael David Sibalis |title=Homosexuality in Modern France |pages=80–96 |publisher=Oxford University Press |date=November 1996 |isbn=978-0-19-509303-2 |doi=10.1093/acprof:oso/9780195093032.003.0005}}</ref> did not treat homosexual relations differently from heterosexual ones,<ref name="legislation">{{cite web |url=http://www.suntgay.ro/ma_informez/legislatia_romaneasca/ |title=Legislația românească privind homosexualitatea |work=suntgay.ro|language=ro}}</ref> and thus, homosexuality was only illegal if it was done on an unconsensual basis. Starting with 1878, the corresponding Transylvanian-Hungarian code penalized [[gay men]] only if they engaged in violent homosexual acts, such as [[rape]] or attempted rape.<ref name="legislation" /><ref name="accept">{{cite web |url=http://accept-romania.ro/lgbt-issues/legislatie/ |title=Legislație românească discriminatorie pentru LGBT – Istoric |work=ACCEPT|language=ro}}</ref> Likewise, [[Bukovina]] punished homosexual rape through old Austrian Article 129.<ref name="accept" />
The Penal Code promulgated by [[Alexandru Ioan Cuza]] in 1864, inspired mainly by the [[French Penal Code of 1810]] (which, over time, had eliminated the penal discrimination of homosexuality),<ref>{{cite book |chapter-url=http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780195093032.001.0001/acprof-9780195093032-chapter-5 |chapter=The Regulation of Male Homosexuality in Revolutionary and Napoleonic France, 1789–1815 |author=Michael David Sibalis |title=Homosexuality in Modern France |pages=80–96 |publisher=Oxford University Press |date=November 1996 |isbn=978-0-19-509303-2 |doi=10.1093/acprof:oso/9780195093032.003.0005}}</ref> did not treat homosexual relations differently from heterosexual ones,<ref name="legislation">{{cite web |url=http://www.suntgay.ro/ma_informez/legislatia_romaneasca/ |title=Legislația românească privind homosexualitatea |work=suntgay.ro|language=ro}}</ref> and thus, homosexuality was only illegal if it was done on an unconsensual basis. Starting with 1878, the corresponding Transylvanian-Hungarian code penalised [[gay men]] only if they engaged in violent homosexual acts, such as [[rape]] or attempted rape.<ref name="legislation" /><ref name="accept">{{cite web |url=http://accept-romania.ro/lgbt-issues/legislatie/ |title=Legislație românească discriminatorie pentru LGBT – Istoric |work=ACCEPT|language=ro}}</ref> Likewise, [[Bukovina]] punished homosexual rape through old Austrian Article 129.<ref name="accept" />


Both regions were annexed to Romania after the [[World War I]], so Romania created a new national Penal Code. Influenced by anti-gay legislation in totalitarian fascist states, the Romanian Penal Code criminalized homosexuality in the country for the first time in 1937. This Code (as result of public debate on sexuality) banned public homosexuality only (Article 431 penalized "acts of sexual inversion committed between men or between women, if provoking public scandal").<ref name="legislation" /><ref>{{cite book |url=https://books.google.com/books?id=RpJNDAAAQBAJ&q=articolul+431+codul+lui+carol+al+II-lea&pg=PT433 |title=Sexualitate și societate. Istorie, religie și literatură |author=Andrei Oișteanu |publisher=Polirom |date=7 June 2016 |isbn=9789734661466 |language=ro }}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In 1948, this "public" homosexuality was extended by a court so that it included all situations whatever public or private if "provoking scandal", thus homosexuality became ''de facto'' illegal. In the new Penal Code of the [[Romanian People's Republic]], Article 431 toughened penalties to a minimum of two years' and a maximum of five years' imprisonment.<ref name="accept" /> In 1957 the "public scandal" reference was removed, and any consenting sexual intercourse between persons of the same sex was criminalized.<ref name="legislation" /> After [[Nicolae Ceaușescu]]'s rise to power, in 1968, the basic code was again revised, introducing [[Article 200]] and moving the infraction from the public domain into the private:<ref name="legislation" /><ref>{{in lang|ro}} [http://www.polcomtim.ro/legi/codpenal2008.pdf CODUL PENAL din 21 iunie 1968 (**republicat**) (*actualizat*)] {{Webarchive|url=https://web.archive.org/web/20181029071528/http://www.polcomtim.ro/legi/codpenal2008.pdf |date=29 October 2018 }} (updated until 28 March 2008)</ref><ref>{{cite book |chapter-url=https://books.google.com/books?id=QjqxzR0xTvoC&q=romania+since+1989+politics+economics+and+society&pg=PR4 |chapter=Gay and Lesbian Rights |title=Romania since 1989: Politics, Economics, and Society |author=Mihnea Ion Năstase |publisher=Lexington Books |date=2004 |pages=315–316 |isbn=978-0-7391-0592-4}}</ref>
Both regions were annexed to Romania after the [[World War I]], so Romania created a new national Penal Code. Influenced by anti-gay legislation in totalitarian fascist states, the Romanian Penal Code criminalised homosexuality in the country for the first time in 1937. This Code (as result of public debate on sexuality) banned public homosexuality only (Article 431 penalised "acts of sexual inversion committed between men or between women, if provoking public scandal").<ref name="legislation" /><ref>{{cite book |url=https://books.google.com/books?id=RpJNDAAAQBAJ&q=articolul+431+codul+lui+carol+al+II-lea&pg=PT433 |title=Sexualitate și societate. Istorie, religie și literatură |author=Andrei Oișteanu |publisher=Polirom |date=7 June 2016 |isbn=9789734661466 |language=ro }}{{Dead link|date=May 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In 1948, this "public" homosexuality was extended by a court so that it included all situations whatever public or private if "provoking scandal", thus homosexuality became ''de facto'' illegal. In the new Penal Code of the [[Romanian People's Republic]], Article 431 toughened penalties to a minimum of two years' and a maximum of five years' imprisonment.<ref name="accept" /> In 1957 the "public scandal" reference was removed, and any consenting sexual intercourse between persons of the same sex was criminalised.<ref name="legislation" /> After [[Nicolae Ceaușescu]]'s rise to power, in 1968, the basic code was again revised, introducing [[Article 200]] and moving the infraction from the public domain into the private:<ref name="legislation" /><ref>{{in lang|ro}} [http://www.polcomtim.ro/legi/codpenal2008.pdf CODUL PENAL din 21 iunie 1968 (**republicat**) (*actualizat*)] {{Webarchive|url=https://web.archive.org/web/20181029071528/http://www.polcomtim.ro/legi/codpenal2008.pdf |date=29 October 2018 }} (updated until 28 March 2008)</ref><ref>{{cite book |chapter-url=https://books.google.com/books?id=QjqxzR0xTvoC&q=romania+since+1989+politics+economics+and+society&pg=PR4 |chapter=Gay and Lesbian Rights |title=Romania since 1989: Politics, Economics, and Society |author=Mihnea Ion Năstase |publisher=Lexington Books |date=2004 |pages=315–316 |isbn=978-0-7391-0592-4}}</ref>
{{Blockquote|
{{Blockquote|
# Sexual relations between persons of the same sex shall be punished with imprisonment from 1 to 5 years.
# Sexual relations between persons of the same sex shall be punished with imprisonment from 1 to 5 years.
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# Inciting or encouraging a person to practice the act stipulated in paragraph 1 shall be punished with imprisonment from 1 to 5 years.
# Inciting or encouraging a person to practice the act stipulated in paragraph 1 shall be punished with imprisonment from 1 to 5 years.
}}
}}
Article 200 was purposeful to Ceaușescu regime in that, since 1970, it offered a pry to strengthen social control.<ref>{{cite web |url=http://accept-romania.ro/images/stories/scandaluri_publice._orientarea_sexuala_si_legea_penala_in_romania.pdf |title=Scandaluri publice. Orientarea sexuală și legea penală în Romania |work=Report by Human Rights Watch and International Gay and Lesbian Human Rights Commission |date=October 1988 |publisher=ACCEPT|language=ro}}</ref> These restrictions under the Penal Code were strictly unique to Romania and no other European country.<ref>{{cite web |url=https://history105.libraries.wsu.edu/fall2015/2015/08/31/hate-crimes-and-gay-right/ |title=Communism and Its Effect on Gay Rights in Romania |work=Washington State University |author=Kripa John |date=31 August 2015 |access-date=1 August 2016 |archive-date=21 October 2016 |archive-url=https://web.archive.org/web/20161021014607/https://history105.libraries.wsu.edu/fall2015/2015/08/31/hate-crimes-and-gay-right/ |url-status=dead }}</ref> The restrictions only included relationships and those who considered themselves homosexual were not punished but were instead considered as mentally ill.<ref>{{cite book |url=https://books.google.com/books?id=ESlHAAAAMAAJ |title=The Third Pink Book: A Global View of Lesbian and Gay Liberation and Oppression |author1=Aart Hendriks |author2=Rob Tielman |author3=Evert van der Veen |location=Buffalo, NY |publisher=Prometheus Books |date=1993 |isbn=978-0-87975-831-8 |page=208}}</ref> In the early 1990s, when gay rights activists, international human rights organizations, and the European Council started to press the Romanian government to decriminalize homosexuality and ensure equal rights for all citizens, the conservative political élites and the Orthodox Church claimed that sexual minorities did not exist in Romania prior to 1989 and that homosexuality was only an undesirable product of capitalism,<ref>{{cite book |chapter-url=https://ecpr.eu/Filestore/PaperProposal/318eddd0-d535-4bda-b57c-845ed6ce7644.pdf |chapter=“Homosexuality: an abhorrent Western import”? Seizing a new interest |title=Homosexuality: a measure for democratization. Negotiation and mediation for defending a new born interest in Romania |author=Andreea Sinziana Carstocea |work=ECPR Joint Sessions |location=Nicosia |date=25–30 April 2006 |page=9}}</ref> a lifestyle induced by the Western democracies, and not a part of the heteronormative Romanian culture.<ref name="sociologie">{{cite journal |url=http://www.revistadesociologie.ro/pdf-uri/nr3-4-2011/02-VAndreescu.pdf |title=From Legal Tolerance to Social Acceptance: Predictors of Heterosexism in Romania |journal=Revista Română de Sociologie |author=Viviana Andreescu |volume=XXII |issue=3–4 |pages=209–231 |location=Bucharest |date=2011}}</ref> In 1995, Romania applied for EU membership.<ref>{{cite web |url=https://www.academia.edu/14258920 |title=Decriminalization of Homosexuality in Romania. Repealing Article 200 from the Penal Code |author=Vlad Levente Viski}}</ref> As of 1995, it was one of only three countries in [[Europe]] that still criminalized homosexuality.<ref>{{cite book |url=https://books.google.com/books?id=pVf6ZmfS2MkC&q=romania+gay+rights&pg=PA185 |title=Sexuality in Europe: A Twentieth-Century History |author=Dagmar Herzog |publisher=Cambridge University Press |date=18 August 2011 |page=184 |isbn=978-1-139-50073-9}}</ref> Due mainly to strong international pressure, in 1996, the first paragraph of Article 200 was amended and only same-sex sexual activities performed in public or considered a source of public scandal were punished by the law.<ref name="legislation" /><ref name="accept" /> The last person to be imprisoned in Romania for being gay was released in 1998.<ref>{{cite news |last1= Ghirda |first1= Vadim |last2= Gera |first2= Vanessa |date= 22 August 2021 |title= Romania's LGBT community sees gains, ongoing rights struggle |url= https://abcnews.go.com/International/wireStory/romanias-lgbt-community-sees-gains-ongoing-rights-struggle-79585735 |work= ABC News |publisher= Associated Press |access-date= 7 September 2022}}</ref> In 2000, Romania began EU accession negotiations, and the country had to demonstrate progress in harmonizing its laws with the EU legislation. In particular, Romania had to prove that sexual minority human rights were not violated by the country's policies and legislation. And the possibility of eventual entry into the [[European Union]] had a powerful effect on legal change. In January 2001, [[Adrian Năstase]]'s government adopted the Emergency Ordinance no. 89/2001,<ref>{{in lang|ro}} [http://lege5.ro/Gratuit/gmzdanrr/ordonanta-de-urgenta-nr-89-2001-pentru-modificarea-si-completarea-unor-dispozitii-din-codul-penal-referitoare-la-infractiuni-privind-viata-sexuala Ordonanța de urgență nr. 89/2001 pentru modificarea și completarea unor dispoziții din Codul penal referitoare la infracțiuni privind viața sexuală] {{Webarchive|url=https://web.archive.org/web/20181220205108/https://lege5.ro/Gratuit/gmzdanrr/ordonanta-de-urgenta-nr-89-2001-pentru-modificarea-si-completarea-unor-dispozitii-din-codul-penal-referitoare-la-infractiuni-privind-viata-sexuala |date=20 December 2018 }}, text published in the Official Gazette of Romania</ref> which eliminated Art. 200 of the Penal Code and adjusted other articles referring to sex offences to avoid discriminatory treatment of offenders.<ref>{{cite book |chapter-url=https://books.google.com/books?id=-3ihAwAAQBAJ&q=lgbt+rights+in+romania&pg=PA58 |chapter=Hierarchies of Difference: National Identity, Gay and Lesbian Rights, and the Church in Postcommunist Romania |title=Sexuality and Gender in Postcommunist Eastern Europe and Russia |author=Voichița Năchescu |publisher=Routledge |date=22 May 2014 |page=58 |isbn=978-1-317-95559-7}}</ref> This ordinance came into force in January 2002, after President [[Ion Iliescu]] signed the new law.<ref name="sociologie" />
Article 200 was purposeful to Ceaușescu regime in that, since 1970, it offered a pry to strengthen social control.<ref>{{cite web |url=http://accept-romania.ro/images/stories/scandaluri_publice._orientarea_sexuala_si_legea_penala_in_romania.pdf |title=Scandaluri publice. Orientarea sexuală și legea penală în Romania |work=Report by Human Rights Watch and International Gay and Lesbian Human Rights Commission |date=October 1988 |publisher=ACCEPT|language=ro}}</ref> These restrictions under the Penal Code were strictly unique to Romania and no other European country.<ref>{{cite web |url=https://history105.libraries.wsu.edu/fall2015/2015/08/31/hate-crimes-and-gay-right/ |title=Communism and Its Effect on Gay Rights in Romania |work=Washington State University |author=Kripa John |date=31 August 2015 |access-date=1 August 2016 |archive-date=21 October 2016 |archive-url=https://web.archive.org/web/20161021014607/https://history105.libraries.wsu.edu/fall2015/2015/08/31/hate-crimes-and-gay-right/ |url-status=dead }}</ref> The restrictions only included relationships and those who considered themselves homosexual were not punished but were instead considered as mentally ill.<ref>{{cite book |url=https://books.google.com/books?id=ESlHAAAAMAAJ |title=The Third Pink Book: A Global View of Lesbian and Gay Liberation and Oppression |author1=Aart Hendriks |author2=Rob Tielman |author3=Evert van der Veen |location=Buffalo, NY |publisher=Prometheus Books |date=1993 |isbn=978-0-87975-831-8 |page=208}}</ref> In the early 1990s, when gay rights activists, international human rights organizations, and the European Council started to press the Romanian government to decriminalise homosexuality and ensure equal rights for all citizens, the conservative political élites and the Orthodox Church claimed that sexual minorities did not exist in Romania prior to 1989 and that homosexuality was only an undesirable product of capitalism,<ref>{{cite book |chapter-url=https://ecpr.eu/Filestore/PaperProposal/318eddd0-d535-4bda-b57c-845ed6ce7644.pdf |chapter=“Homosexuality: an abhorrent Western import”? Seizing a new interest |title=Homosexuality: a measure for democratization. Negotiation and mediation for defending a new born interest in Romania |author=Andreea Sinziana Carstocea |work=ECPR Joint Sessions |location=Nicosia |date=25–30 April 2006 |page=9}}</ref> a lifestyle induced by the Western democracies, and not a part of the heteronormative Romanian culture.<ref name="sociologie">{{cite journal |url=http://www.revistadesociologie.ro/pdf-uri/nr3-4-2011/02-VAndreescu.pdf |title=From Legal Tolerance to Social Acceptance: Predictors of Heterosexism in Romania |journal=Revista Română de Sociologie |author=Viviana Andreescu |volume=XXII |issue=3–4 |pages=209–231 |location=Bucharest |date=2011}}</ref> In 1995, Romania applied for EU membership.<ref>{{cite web |url=https://www.academia.edu/14258920 |title=Decriminalization of Homosexuality in Romania. Repealing Article 200 from the Penal Code |author=Vlad Levente Viski}}</ref> As of 1995, it was one of only three countries in [[Europe]] that still criminalised homosexuality.<ref>{{cite book |url=https://books.google.com/books?id=pVf6ZmfS2MkC&q=romania+gay+rights&pg=PA185 |title=Sexuality in Europe: A Twentieth-Century History |author=Dagmar Herzog |publisher=Cambridge University Press |date=18 August 2011 |page=184 |isbn=978-1-139-50073-9}}</ref> Due mainly to strong international pressure, in 1996, the first paragraph of Article 200 was amended and only same-sex sexual activities performed in public or considered a source of public scandal were punished by the law.<ref name="legislation" /><ref name="accept" /> The last person to be imprisoned in Romania for being gay was released in 1998.<ref>{{cite news |last1= Ghirda |first1= Vadim |last2= Gera |first2= Vanessa |date= 22 August 2021 |title= Romania's LGBT community sees gains, ongoing rights struggle |url= https://abcnews.go.com/International/wireStory/romanias-lgbt-community-sees-gains-ongoing-rights-struggle-79585735 |work= ABC News |publisher= Associated Press |access-date= 7 September 2022}}</ref> In 2000, Romania began EU accession negotiations, and the country had to demonstrate progress in harmonizing its laws with the EU legislation. In particular, Romania had to prove that sexual minority human rights were not violated by the country's policies and legislation. And the possibility of eventual entry into the [[European Union]] had a powerful effect on legal change. In January 2001, [[Adrian Năstase]]'s government adopted the Emergency Ordinance no. 89/2001,<ref>{{in lang|ro}} [http://lege5.ro/Gratuit/gmzdanrr/ordonanta-de-urgenta-nr-89-2001-pentru-modificarea-si-completarea-unor-dispozitii-din-codul-penal-referitoare-la-infractiuni-privind-viata-sexuala Ordonanța de urgență nr. 89/2001 pentru modificarea și completarea unor dispoziții din Codul penal referitoare la infracțiuni privind viața sexuală] {{Webarchive|url=https://web.archive.org/web/20181220205108/https://lege5.ro/Gratuit/gmzdanrr/ordonanta-de-urgenta-nr-89-2001-pentru-modificarea-si-completarea-unor-dispozitii-din-codul-penal-referitoare-la-infractiuni-privind-viata-sexuala |date=20 December 2018 }}, text published in the Official Gazette of Romania</ref> which eliminated Art. 200 of the Penal Code and adjusted other articles referring to sex offences to avoid discriminatory treatment of offenders.<ref>{{cite book |chapter-url=https://books.google.com/books?id=-3ihAwAAQBAJ&q=lgbt+rights+in+romania&pg=PA58 |chapter=Hierarchies of Difference: National Identity, Gay and Lesbian Rights, and the Church in Postcommunist Romania |title=Sexuality and Gender in Postcommunist Eastern Europe and Russia |author=Voichița Năchescu |publisher=Routledge |date=22 May 2014 |page=58 |isbn=978-1-317-95559-7}}</ref> This ordinance came into force in January 2002, after President [[Ion Iliescu]] signed the new law.<ref name="sociologie" />


There are currently no laws against gay citizens in Romania, aside from those that deny [[same-sex marriage|equality in marriage]]. Since 2002, the [[age of consent]] has been equal for both heterosexual and homosexual sex, at 15 years of age, which was lifted to 16 in 2020 for both heterosexual and homosexual sex.<ref>{{cite web |url=http://accept-romania.ro/images/stories/world_legal_wrap_up_survey__november2006.pdf |title=LGBT world legal wrap up survey |work=ILGA |author=Daniel Ottosson |date=2006}}</ref>
There are currently no laws against gay citizens in Romania, aside from those that deny [[same-sex marriage|equality in marriage]]. Since 2002, the [[age of consent]] has been equal for both heterosexual and homosexual sex, at 15 years of age, which was lifted to 16 in 2020 for both heterosexual and homosexual sex.<ref>{{cite web |url=http://accept-romania.ro/images/stories/world_legal_wrap_up_survey__november2006.pdf |title=LGBT world legal wrap up survey |work=ILGA |author=Daniel Ottosson |date=2006}}</ref>
Line 38: Line 38:
{{Main|Recognition of same-sex unions in Romania}}
{{Main|Recognition of same-sex unions in Romania}}


Romania was recently{{When|date=April 2023}} obligated to accept legal LGBTQ+ couples.<ref>{{cite web |author=Silvana Mîndruță |date=17 January 2023 |title=România a fost obligată să recunoască legal cuplurile LGBTQ+ |url=https://www.instagram.com/p/Cnhw7pBDeRE/?igshid=YmMyMTA2M2Y= |work=Instagram |language=ro}}</ref> The [[Constitution of Romania]] defines the family as a freely consented marriage between spouses, without specifying their gender.<ref>{{cite web |url=http://www.constitutiaromaniei.ro/art-48-familia/ |title=Art. 48 – Familia |work=Constituția României|language=ro}}</ref> Despite this, legislation in effect leaves no room for interpretation for representatives of marital status. Marriage can only be the union of one man and one woman, and a same-sex couple can not legally receive state protection as a family.
In September 2023, Romania was obligated to accept legal LGBTQ+ couples.<ref>{{cite web |author=Silvana Mîndruță |date=17 January 2023 |title=România a fost obligată să recunoască legal cuplurile LGBTQ+ |url=https://www.instagram.com/p/Cnhw7pBDeRE/?igshid=YmMyMTA2M2Y= |work=Instagram |language=ro}}</ref> The [[Constitution of Romania]] defines the family as a freely consented marriage between spouses, without specifying their gender.<ref>{{cite web |url=http://www.constitutiaromaniei.ro/art-48-familia/ |title=Art. 48 – Familia |work=Constituția României|language=ro}}</ref> Despite this, legislation in effect leaves no room for interpretation for representatives of marital status. Marriage can only be the union of one man and one woman, and a same-sex couple can not legally receive state protection as a family.
{{Blockquote|Article 48 – Family
{{Blockquote|Article 48 – Family
(1) The family shall be founded on a freely consented marriage between spouses, on their full equality and the right and duty of parents to ensure the upbringing, education and instruction of children.}}
(1) The family shall be founded on a freely consented marriage between spouses, on their full equality and the right and duty of parents to ensure the upbringing, education and instruction of children.}}
Line 52: Line 52:
A lawsuit initiated by a Romanian man seeking to have his marriage to an American man (the marriage was solemnised in Belgium, where same-sex marriage is legal) recognised came before the [[Constitutional Court of Romania|Constitutional Court]], which consulted with the [[European Court of Justice]] on the matter.<ref>{{cite web|url=https://www.nbcnews.com/feature/nbc-out/romania-consult-european-court-over-same-sex-marriage-case-n689551|title=Romania to Consult With European Court Over Same-Sex Marriage Case|work=NBC News|date=29 November 2016}}</ref> The European Court of Justice ruled in June 2018 in ''[[Coman and Others]]'' that same-sex spouses have the same right of residence if the marriage was legally performed in an EU country.
A lawsuit initiated by a Romanian man seeking to have his marriage to an American man (the marriage was solemnised in Belgium, where same-sex marriage is legal) recognised came before the [[Constitutional Court of Romania|Constitutional Court]], which consulted with the [[European Court of Justice]] on the matter.<ref>{{cite web|url=https://www.nbcnews.com/feature/nbc-out/romania-consult-european-court-over-same-sex-marriage-case-n689551|title=Romania to Consult With European Court Over Same-Sex Marriage Case|work=NBC News|date=29 November 2016}}</ref> The European Court of Justice ruled in June 2018 in ''[[Coman and Others]]'' that same-sex spouses have the same right of residence if the marriage was legally performed in an EU country.


In March 2018, President of the Senate [[Călin Popescu-Tăriceanu]]<ref>{{cite web |url=https://www.hotnews.ro/stiri-politic-22364172-tariceanu-suntem-obligati-organizam-referendum-tema-redefinirii-familiei-romnia-nu-deveni-mai-putin-liberala.htm |title=Tăriceanu: Suntem obligați să organizăm un referendum pe tema redefinirii familiei. România nu va deveni mai puțin liberală |work=HotNews |author=N. O. |date=26 March 2018 |language=ro}}</ref> and President of the Chamber of Deputies [[Liviu Dragnea]]<ref>{{cite web |url=http://www.mediafax.ro/politic/dragnea-anunta-urgentarea-referendumului-pentru-familie-si-dezbatere-pentru-parteneriatul-civil-asociatia-accept-ii-raspunde-liderului-psd-17087596 |title=Dragnea anunță urgentarea referendumului pentru familie și dezbatere pentru parteneriatul civil/ Asociația ACCEPT îi răspunde liderului PSD |work=Mediafax |date=26 March 2018 |language=ro}}</ref> voiced their intention to legalize civil partnerships for same-sex couples.<ref>{{cite web |url=https://www.digi24.ro/stiri/actualitate/politica/referendumul-pentru-familie-probabil-in-mai-in-paralel-cu-legiferarea-parteneriatului-civil-902053 |title=Referendumul pentru familie, probabil în mai, în paralel cu legiferarea parteneriatului civil |work=[[Digi24]] |date=26 March 2018 |language=ro}}</ref> In this regard, the [[National Council for Combating Discrimination]] introduced a bill through which heterosexual or homosexual couples who don't want or can't marry will be able to opt for the formalisation of a consensual union registered with the civil status officer.<ref>{{cite web |url=http://www.gandul.info/stiri/o-noua-initiativa-pentru-legalizarea-parteneriatelor-civile-uniune-consensuala-pentru-persoanele-de-acelasi-sex-dar-si-pentru-heterosexuali-cuplurile-gay-nu-vor-putea-adopta-copii-proiect-cncd-17108554 |title=O nouă inițiativă pentru legalizarea parteneriatelor civile: uniune consensuală pentru persoanele de același sex, dar și pentru heterosexuali. Cuplurile gay NU vor putea adopta copii. PROIECT CNCD |work=Gândul |author=Clarice Dinu |date=29 March 2018 |language=ro}}</ref> Also in 2018, Romania's highest court ruled that same-sex couples should be given the same residency rights in the country.<ref>{{Cite news|url=https://www.reuters.com/article/us-romania-lgbt/romania-must-give-residency-rights-to-same-sex-spouses-court-rules-idUSKBN1K81Y9|title=Romania must give residency rights to same-sex spouses, court rules|author=Reuters Editorial|work=U.S.|access-date=2018-10-10|language=en-US}}</ref> In September 2018, the highest court ruled that same-sex couples should have the same legal rights as heterosexual couples.<ref>{{Cite web|url=http://outragemag.com/romanias-highest-court-decides-same-sex-couples-should-have-same-rights-as-straight-partners/|title=Romania's highest court rules same-sex couples should have same rights as straight partners - Outrage Magazine|website=outragemag.com|date=30 September 2018 |language=en-US|access-date=2018-10-10}}</ref><ref>{{Cite news|url=http://www.ziare.com/ccr/decizii/ccr-relatia-unui-cuplu-format-din-persoane-de-acelasi-sex-intra-in-sfera-notiunii-de-viata-de-familie-asemenea-unui-cuplu-heterosexual-1531532|title=CCR: Relatia unui cuplu format din persoane de acelasi sex intra in sfera notiunii de "viata de familie", asemenea unui cuplu heterosexual|work=Ziare.com|access-date=2018-10-10|language=ro}}</ref> On 23 May 2023 the European Court of Human Rights ruled that Romania is breaching article eight of the European Convention on Human Rights by not allowing same-sex couples to marry or register civil partnerships.<ref>{{Cite web |last=Necșuțu |first=Mădălin |date=2023-05-23 |title=Romania Discriminates Against Same-Sex Couples: Strasbourg Court |url=https://balkaninsight.com/2023/05/23/romania-discriminates-against-same-sex-couples-strasbourg-court/ |access-date=2023-06-18 |website=Balkan Insight |language=en-US}}</ref><ref>{{Cite web |title=CASE OF BUHUCEANU AND OTHERS v. ROMANIA |work=[[European Court of Human Rights]] |url=https://hudoc.echr.coe.int/eng?i=001-224774 |access-date=2023-06-18 |date=23 May 2023}}</ref>
In March 2018, President of the Senate [[Călin Popescu-Tăriceanu]]<ref>{{cite web |url=https://www.hotnews.ro/stiri-politic-22364172-tariceanu-suntem-obligati-organizam-referendum-tema-redefinirii-familiei-romnia-nu-deveni-mai-putin-liberala.htm |title=Tăriceanu: Suntem obligați să organizăm un referendum pe tema redefinirii familiei. România nu va deveni mai puțin liberală |work=HotNews |author=N. O. |date=26 March 2018 |language=ro}}</ref> and President of the Chamber of Deputies [[Liviu Dragnea]]<ref>{{cite web |url=http://www.mediafax.ro/politic/dragnea-anunta-urgentarea-referendumului-pentru-familie-si-dezbatere-pentru-parteneriatul-civil-asociatia-accept-ii-raspunde-liderului-psd-17087596 |title=Dragnea anunță urgentarea referendumului pentru familie și dezbatere pentru parteneriatul civil/ Asociația ACCEPT îi răspunde liderului PSD |work=Mediafax |date=26 March 2018 |language=ro}}</ref> voiced their intention to legalise civil partnerships for same-sex couples.<ref>{{cite web |url=https://www.digi24.ro/stiri/actualitate/politica/referendumul-pentru-familie-probabil-in-mai-in-paralel-cu-legiferarea-parteneriatului-civil-902053 |title=Referendumul pentru familie, probabil în mai, în paralel cu legiferarea parteneriatului civil |work=[[Digi24]] |date=26 March 2018 |language=ro}}</ref> In this regard, the [[National Council for Combating Discrimination]] introduced a bill through which heterosexual or homosexual couples who don't want or can't marry will be able to opt for the formalisation of a consensual union registered with the civil status officer.<ref>{{cite web |url=http://www.gandul.info/stiri/o-noua-initiativa-pentru-legalizarea-parteneriatelor-civile-uniune-consensuala-pentru-persoanele-de-acelasi-sex-dar-si-pentru-heterosexuali-cuplurile-gay-nu-vor-putea-adopta-copii-proiect-cncd-17108554 |title=O nouă inițiativă pentru legalizarea parteneriatelor civile: uniune consensuală pentru persoanele de același sex, dar și pentru heterosexuali. Cuplurile gay NU vor putea adopta copii. PROIECT CNCD |work=Gândul |author=Clarice Dinu |date=29 March 2018 |language=ro}}</ref> Also in 2018, Romania's highest court ruled that same-sex couples should be given the same residency rights in the country.<ref>{{Cite news|url=https://www.reuters.com/article/us-romania-lgbt/romania-must-give-residency-rights-to-same-sex-spouses-court-rules-idUSKBN1K81Y9|title=Romania must give residency rights to same-sex spouses, court rules|author=Reuters Editorial|work=U.S.|access-date=2018-10-10|language=en-US}}</ref> In September 2018, the highest court ruled that same-sex couples should have the same legal rights as heterosexual couples.<ref>{{Cite web|url=http://outragemag.com/romanias-highest-court-decides-same-sex-couples-should-have-same-rights-as-straight-partners/|title=Romania's highest court rules same-sex couples should have same rights as straight partners - Outrage Magazine|website=outragemag.com|date=30 September 2018 |language=en-US|access-date=2018-10-10}}</ref><ref>{{Cite news|url=http://www.ziare.com/ccr/decizii/ccr-relatia-unui-cuplu-format-din-persoane-de-acelasi-sex-intra-in-sfera-notiunii-de-viata-de-familie-asemenea-unui-cuplu-heterosexual-1531532|title=CCR: Relatia unui cuplu format din persoane de acelasi sex intra in sfera notiunii de "viata de familie", asemenea unui cuplu heterosexual|work=Ziare.com|access-date=2018-10-10|language=ro}}</ref> On 23 May 2023 the European Court of Human Rights ruled that Romania is breaching article eight of the European Convention on Human Rights by not allowing same-sex couples to marry or register civil partnerships.<ref>{{Cite web |last=Necșuțu |first=Mădălin |date=2023-05-23 |title=Romania Discriminates Against Same-Sex Couples: Strasbourg Court |url=https://balkaninsight.com/2023/05/23/romania-discriminates-against-same-sex-couples-strasbourg-court/ |access-date=2023-06-18 |website=Balkan Insight |language=en-US}}</ref><ref>{{Cite web |title=CASE OF BUHUCEANU AND OTHERS v. ROMANIA |work=[[European Court of Human Rights]] |url=https://hudoc.echr.coe.int/eng?i=001-224774 |access-date=2023-06-18 |date=23 May 2023}}</ref> However, in regards to that, in November 2023, Prime-Minister [[Marcel Ciolacu]] said that Romania won't legalise either same-sex marriage or civil partnerships.<ref>{{cite news | url=https://romania.europalibera.org/a/ciolacu-parteneriat-civil-romania/32698497.html | title=Premierul Ciolacu: România nu este pregătită să susțină drepturile cuplurilor de același sex | newspaper=Europa Liberă România | date=24 November 2023 | last1=Costiță | first1=George }}</ref> A similar position was taken by [[Nicolae Ciucă]], the president of the [[Senate of Romania]] and of the [[National Liberal Party (Romania)|National Liberal Party]].<ref>{{cite web | url=https://www.news.ro/social/ciuca-despre-decizia-cedo-referitoare-la-parteneriatul-civil-intre-persoane-de-acelasi-sex-pnl-va-sustine-in-continuare-familia-familia-traditionala-credinta-in-dumnezeu-si-patriotismul-1922402811002023121721419260 | title=Ciucă, despre decizia CEDO referitoare la parteneriatul civil între persoane de acelaşi sex: PNL va susţine în continuare familia, familia tradiţională, credinţa în Dumnezeu şi patriotismul | date=11 December 2023 }}</ref>


== Adoption and family planning ==
== Adoption and family planning ==
Line 62: Line 62:
== Gender identity and expression ==
== Gender identity and expression ==


Since 1996, it has been possible for someone who has gone through [[sex reassignment surgery]] to legally change their sex in their official documents.<ref>{{cite web |url=http://www.ecpi.ro/persoane-trans-in-romania-recunoasterea-juridica-a-identitatii-de-gen/ |title=Persoane trans în România: Recunoașterea juridică a identității de gen |work=Centrul Euroregional pentru Inițiative Publice|language=ro}}</ref> However, the law governing the ability of transgender persons to change their identity is vague and incomplete, resulting in inconsistency in judicial practice concerning legal recognition of [[gender identity]].<ref name="report">{{cite book |chapter-url=http://romania.usembassy.gov/2015-hrr-en.html |chapter=Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity |title=2015 Human Rights Report |work=Embassy of the United States in Bucharest, Romania |publisher=U.S. Department of State |date=13 April 2016}}</ref> In some cases authorities denied recognition of a change in identity unless a sex-reassignment intervention had occurred.<ref name="report" /> Because of the difficult legal procedure for gender recognition, it is often impossible for transgender persons to get documents reflecting their gender identity, which leads to difficulties in all services requiring identity documents (health care, transportation passes, banking services).<ref name="report" />
Since 1996, it has been possible for someone who has gone through [[sex reassignment surgery]] to legally change their sex in their official documents.<ref>{{cite web |url=http://www.ecpi.ro/persoane-trans-in-romania-recunoasterea-juridica-a-identitatii-de-gen/ |title=Persoane trans în România: Recunoașterea juridică a identității de gen |work=Centrul Euroregional pentru Inițiative Publice|language=ro}}</ref> However, the law governing the ability of transgender persons to change their identity is vague and incomplete, resulting in inconsistency in judicial practice concerning legal recognition of [[gender identity]].<ref name="report">{{cite book |chapter-url=http://romania.usembassy.gov/2015-hrr-en.html |chapter=Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity |title=2015 Human Rights Report |work=Embassy of the United States in Bucharest, Romania |publisher=U.S. Department of State |date=13 April 2016 |access-date=1 August 2016 |archive-date=22 December 2016 |archive-url=https://web.archive.org/web/20161222211113/http://romania.usembassy.gov/2015-hrr-en.html |url-status=dead }}</ref> In some cases authorities denied recognition of a change in identity unless a sex-reassignment intervention had occurred.<ref name="report" /> Because of the difficult legal procedure for gender recognition, it is often impossible for transgender persons to get documents reflecting their gender identity, which leads to difficulties in all services requiring identity documents (health care, transportation passes, banking services).<ref name="report" />


The law on civil registration data<ref>{{in lang|ro}} [http://www.dreptonline.ro/legislatie/lege_actele_stare_civila_republicare_119_1996_2009.php Legea 119/1996 cu privire la actele de stare civilă], republished in the Official Gazette, Part I no. 339 of 18 May 2012</ref> and the law on the procedures for identification documents<ref>{{in lang|ro}} [http://lege5.ro/Gratuit/gq3dgnrs/ordonanta-nr-41-2003-privind-dobandirea-si-schimbarea-pe-cale-administrativa-a-numelor-persoanelor-fizice Ordonanța nr. 41/2003 privind dobândirea și schimbarea pe cale administrativă a numelor persoanelor fizice] {{Webarchive|url=https://web.archive.org/web/20180912165836/https://lege5.ro/Gratuit/gq3dgnrs/ordonanta-nr-41-2003-privind-dobandirea-si-schimbarea-pe-cale-administrativa-a-numelor-persoanelor-fizice |date=12 September 2018 }}, text published in the Official Gazette of Romania</ref> offer indirect guidance on the procedure for sex change and for changes to names and identification data. Changing civil status requires a court decision based, in practice, on a certificate issued by the ''Institutul Național de Medicină Legală'' (National Institute for Legal Medicine)<ref>[http://lib.ohchr.org/HRBodies/UPR/Documents/Session2/RO/ACCEPT_ROM_UPR_S2_2008_ACCEPT_Etal_uprsubmission_JOINT.pdf Romania: The Status of Lesbian, Gay, Bisexual and Transgender Rights]. Report submitted on 8 February 2008 by ACCEPT, IGLHRC, and ILGA-Europe to the United Nations Human Rights Council for its Universal Periodic Review of Romania.</ref> following an intrusive and arbitrary procedure that was developed ''ad hoc'' to fill a legal vacuum.<ref name="discrimination">{{cite web |url=http://fra.europa.eu/sites/default/files/fra_uploads/389-FRA-hdgso-part2-NR_RO.pdf |title=The social situation concerning homophobia and discrimination on grounds of sexual orientation in Romania |work=European Union Agency for Fundamental Rights |date=March 2009}}</ref>
The law on civil registration data<ref>{{in lang|ro}} [http://www.dreptonline.ro/legislatie/lege_actele_stare_civila_republicare_119_1996_2009.php Legea 119/1996 cu privire la actele de stare civilă], republished in the Official Gazette, Part I no. 339 of 18 May 2012</ref> and the law on the procedures for identification documents<ref>{{in lang|ro}} [http://lege5.ro/Gratuit/gq3dgnrs/ordonanta-nr-41-2003-privind-dobandirea-si-schimbarea-pe-cale-administrativa-a-numelor-persoanelor-fizice Ordonanța nr. 41/2003 privind dobândirea și schimbarea pe cale administrativă a numelor persoanelor fizice] {{Webarchive|url=https://web.archive.org/web/20180912165836/https://lege5.ro/Gratuit/gq3dgnrs/ordonanta-nr-41-2003-privind-dobandirea-si-schimbarea-pe-cale-administrativa-a-numelor-persoanelor-fizice |date=12 September 2018 }}, text published in the Official Gazette of Romania</ref> offer indirect guidance on the procedure for sex change and for changes to names and identification data. Changing civil status requires a court decision based, in practice, on a certificate issued by the ''Institutul Național de Medicină Legală'' (National Institute for Legal Medicine)<ref>[http://lib.ohchr.org/HRBodies/UPR/Documents/Session2/RO/ACCEPT_ROM_UPR_S2_2008_ACCEPT_Etal_uprsubmission_JOINT.pdf Romania: The Status of Lesbian, Gay, Bisexual and Transgender Rights] {{Webarchive|url=https://web.archive.org/web/20161021014335/http://lib.ohchr.org/HRBodies/UPR/Documents/Session2/RO/ACCEPT_ROM_UPR_S2_2008_ACCEPT_Etal_uprsubmission_JOINT.pdf |date=21 October 2016 }}. Report submitted on 8 February 2008 by ACCEPT, IGLHRC, and ILGA-Europe to the United Nations Human Rights Council for its Universal Periodic Review of Romania.</ref> following an intrusive and arbitrary procedure that was developed ''ad hoc'' to fill a legal vacuum.<ref name="discrimination">{{cite web |url=http://fra.europa.eu/sites/default/files/fra_uploads/389-FRA-hdgso-part2-NR_RO.pdf |title=The social situation concerning homophobia and discrimination on grounds of sexual orientation in Romania |work=European Union Agency for Fundamental Rights |date=March 2009}}</ref>


In June 2020, [[Parliament of Romania|Romania's parliament]] passed an amendment to the education law placing a blanket ban on gender identity studies. The bill was passed without public debate and was condemned by human rights groups and universities.<ref name="Reuters 2020"/> This included condemnation from the [[University of Bucharest]], which stated,
In June 2020, [[Parliament of Romania|Romania's parliament]] passed an amendment to the education law placing a blanket ban on gender identity studies. The bill was passed without public debate and was condemned by human rights groups and universities.<ref name="Reuters 2020"/> This included condemnation from the [[University of Bucharest]], which stated,
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On 5 June 2013 a Parliamentary Committee for reviewing the Constitution voted to include sexual orientation as a protected ground against discrimination in the new Constitution. The same committee voted, the following day, to change the current marriage law form, which describes marriage as "a consensual union '''between spouses'''," to the more restrictive form, describing it "as a union between a man and a woman alone", thus banning [[same-sex marriage]].<ref name="balkan" /> Faced with a series of backlashes from civil society and domestic and international organizations, such as [[Accept (organization)|ACCEPT]] and [[Amnesty International]],<ref>{{cite web |url=http://www.romania-insider.com/amnesty-worried-that-romanian-constitution-changes-on-definition-of-family-might-cause-discrimination/101226/ |title=Amnesty worried that Romanian Constitution changes on definition of family might cause discrimination |work=Romania-Insider.com |author=Irina Popescu |date=7 June 2013 |access-date=17 November 2013 |archive-url=https://web.archive.org/web/20160109094127/http://www.romania-insider.com/amnesty-worried-that-romanian-constitution-changes-on-definition-of-family-might-cause-discrimination/101226/ |archive-date=9 January 2016 |url-status=dead }}</ref> the committee retracted both amendments. Dozens of NGOs protested the move (to retract the Constitutional protection against discrimination on the basis of their sexual orientation) and said "members of the Committee for Constitutional Revision deny the protection for the citizens who most need it" and that "as a Member State of the European Union, it is mandatory for Romania to implement the provisions of Community law in the national legislation."<ref>{{cite web |url=http://accept-romania.ro/en/blog/2013/06/14/orientarea-sexuala-trebuie-sa-ramana-un-criteriu-protejat-in-constitutie/ |title=Sexual orientation should remain a protected ground in the Romanian Constitution! |work=ACCEPT |date=13 June 2013}}</ref>
On 5 June 2013 a Parliamentary Committee for reviewing the Constitution voted to include sexual orientation as a protected ground against discrimination in the new Constitution. The same committee voted, the following day, to change the current marriage law form, which describes marriage as "a consensual union '''between spouses'''," to the more restrictive form, describing it "as a union between a man and a woman alone", thus banning [[same-sex marriage]].<ref name="balkan" /> Faced with a series of backlashes from civil society and domestic and international organizations, such as [[Accept (organization)|ACCEPT]] and [[Amnesty International]],<ref>{{cite web |url=http://www.romania-insider.com/amnesty-worried-that-romanian-constitution-changes-on-definition-of-family-might-cause-discrimination/101226/ |title=Amnesty worried that Romanian Constitution changes on definition of family might cause discrimination |work=Romania-Insider.com |author=Irina Popescu |date=7 June 2013 |access-date=17 November 2013 |archive-url=https://web.archive.org/web/20160109094127/http://www.romania-insider.com/amnesty-worried-that-romanian-constitution-changes-on-definition-of-family-might-cause-discrimination/101226/ |archive-date=9 January 2016 |url-status=dead }}</ref> the committee retracted both amendments. Dozens of NGOs protested the move (to retract the Constitutional protection against discrimination on the basis of their sexual orientation) and said "members of the Committee for Constitutional Revision deny the protection for the citizens who most need it" and that "as a Member State of the European Union, it is mandatory for Romania to implement the provisions of Community law in the national legislation."<ref>{{cite web |url=http://accept-romania.ro/en/blog/2013/06/14/orientarea-sexuala-trebuie-sa-ramana-un-criteriu-protejat-in-constitutie/ |title=Sexual orientation should remain a protected ground in the Romanian Constitution! |work=ACCEPT |date=13 June 2013}}</ref>


Green Party MP Remus Cernea, who is a staunch supporter of LGBT rights, and who has introduced a failed draft law to the Senate in order to legalize civil unions, thinks of the move as a "clear a democratic setback; Romania should now be included among the most homophobic countries in the world."<ref name="balkan" />
Green Party MP Remus Cernea, who is a staunch supporter of LGBT rights, and who has introduced a failed draft law to the Senate in order to legalise civil unions, thinks of the move as a "clear a democratic setback; Romania should now be included among the most homophobic countries in the world."<ref name="balkan" />


=== Hate crimes legislation ===
=== Hate crimes legislation ===
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On the evening of 20 February around 50 protesters stopped a screening of the film ''[[The Kids Are All Right (film)|The Kids Are All Right]]'' at the [[Museum of the Romanian Peasant]] in Bucharest, shouting homophobic slogans and verbally attacking the theatre-goers.<ref>{{cite web |url=http://www.mediafax.ro/social/activewatch-despre-incidentul-de-la-muzeul-taranului-roman-statul-este-un-partener-neonazist-al-acestor-grupari-10583374 |title=ActiveWatch despre incidentul de la Muzeul Țăranului Român: Statul este un partener neonazist al acestor grupări |work=Mediafax |author=Alina Dan |date=21 February 2013|language=ro}}</ref><ref>{{cite web |url=http://www.romanialibera.ro/actualitate/eveniment/scandalul-de-la-muzeul-%C5%A2aranului-roman-continua--organizatiile-crestine-cer-demiterea-directorului-m%C5%A2r--nitulescu-condamna-reactiile-homofobe-ale-protestatarilor-ortodocsi-294019 |title=Scandalul de la Muzeul Țăranului Român continuă. Organizațiile creștine cer demiterea directorului MȚR. Nițulescu condamnă reacțiile HOMOFOBE ale protestatarilor ortodocși |work=România Liberă |author=Flavia Drăgan |date=21 February 2013 |language=ro |access-date=1 August 2016 |archive-date=4 October 2017 |archive-url=https://web.archive.org/web/20171004040447/http://romanialibera.ro/actualitate/eveniment/scandalul-de-la-muzeul-%C5%A2aranului-roman-continua--organizatiile-crestine-cer-demiterea-directorului-m%C5%A2r--nitulescu-condamna-reactiile-homofobe-ale-protestatarilor-ortodocsi-294019 |url-status=dead }}</ref> The screening took place as part of the LGBT History Month at the museum. The anti-gay group verbally assaulted film-goers calling them "beasts", "scum" and chanting "Death to the homosexuals", "We don't want you here", and "You are not Romanians." Besides the assault, militants also filmed and photographed attendants. The militants then proceeded to sing the Romanian national anthem and Christian Orthodox chants, and used religious symbols (icons) as well as fascist ones (the Nazi salutes).<ref>{{cite web |url=http://www.gandul.info/stiri/video-scandal-la-muzeul-taranului-roman-proiectia-unui-film-premiat-cu-doua-globuri-de-aur-intrerupta-de-un-grup-de-homofobi-care-a-intonat-cantece-religioase-10583345 |title=VIDEO. Scandal la Muzeul Țăranului Român. Proiecția unui film premiat cu două Globuri de aur, întreruptă de un grup de homofobi care a intonat cântece religioase |work=Gândul |author=Mihaela Stoica |date=21 February 2013|language=ro}}</ref> In 2021, the [[European Court of Human Rights]] ruled that Romania violated [[Article 8 of the European Convention on Human Rights|Article 8]] and [[Article 11 of the European Convention on Human Rights|Article 11]] of the [[European Convention on Human Rights]] for failing to protect the freedom of association of the filmgoers by conducting an effective investigation into the disturbances. The court also found that Romanian authorities "discriminated against the applicants on the grounds of their sexual orientation".<ref>{{cite news |last1=Barberá |first1=Marcel Gascón |title=Romania Told to Compensate LGBT Group for Homophobic Attack |url=https://balkaninsight.com/2021/06/01/romania-told-to-compensate-lgbt-group-for-homophobic-attack/ |access-date=1 June 2021 |work=Balkan Insight |date=2021-06-01}}</ref><ref>{{cite news |title=ECHR rules against Romania over LGBT complaint |url=https://www.euractiv.com/section/non-discrimination/news/echr-rules-against-romania-over-lgbt-complaint/ |access-date=2 June 2021 |work=www.euractiv.com |date=2021-06-02}}</ref>
On the evening of 20 February around 50 protesters stopped a screening of the film ''[[The Kids Are All Right (film)|The Kids Are All Right]]'' at the [[Museum of the Romanian Peasant]] in Bucharest, shouting homophobic slogans and verbally attacking the theatre-goers.<ref>{{cite web |url=http://www.mediafax.ro/social/activewatch-despre-incidentul-de-la-muzeul-taranului-roman-statul-este-un-partener-neonazist-al-acestor-grupari-10583374 |title=ActiveWatch despre incidentul de la Muzeul Țăranului Român: Statul este un partener neonazist al acestor grupări |work=Mediafax |author=Alina Dan |date=21 February 2013|language=ro}}</ref><ref>{{cite web |url=http://www.romanialibera.ro/actualitate/eveniment/scandalul-de-la-muzeul-%C5%A2aranului-roman-continua--organizatiile-crestine-cer-demiterea-directorului-m%C5%A2r--nitulescu-condamna-reactiile-homofobe-ale-protestatarilor-ortodocsi-294019 |title=Scandalul de la Muzeul Țăranului Român continuă. Organizațiile creștine cer demiterea directorului MȚR. Nițulescu condamnă reacțiile HOMOFOBE ale protestatarilor ortodocși |work=România Liberă |author=Flavia Drăgan |date=21 February 2013 |language=ro |access-date=1 August 2016 |archive-date=4 October 2017 |archive-url=https://web.archive.org/web/20171004040447/http://romanialibera.ro/actualitate/eveniment/scandalul-de-la-muzeul-%C5%A2aranului-roman-continua--organizatiile-crestine-cer-demiterea-directorului-m%C5%A2r--nitulescu-condamna-reactiile-homofobe-ale-protestatarilor-ortodocsi-294019 |url-status=dead }}</ref> The screening took place as part of the LGBT History Month at the museum. The anti-gay group verbally assaulted film-goers calling them "beasts", "scum" and chanting "Death to the homosexuals", "We don't want you here", and "You are not Romanians." Besides the assault, militants also filmed and photographed attendants. The militants then proceeded to sing the Romanian national anthem and Christian Orthodox chants, and used religious symbols (icons) as well as fascist ones (the Nazi salutes).<ref>{{cite web |url=http://www.gandul.info/stiri/video-scandal-la-muzeul-taranului-roman-proiectia-unui-film-premiat-cu-doua-globuri-de-aur-intrerupta-de-un-grup-de-homofobi-care-a-intonat-cantece-religioase-10583345 |title=VIDEO. Scandal la Muzeul Țăranului Român. Proiecția unui film premiat cu două Globuri de aur, întreruptă de un grup de homofobi care a intonat cântece religioase |work=Gândul |author=Mihaela Stoica |date=21 February 2013|language=ro}}</ref> In 2021, the [[European Court of Human Rights]] ruled that Romania violated [[Article 8 of the European Convention on Human Rights|Article 8]] and [[Article 11 of the European Convention on Human Rights|Article 11]] of the [[European Convention on Human Rights]] for failing to protect the freedom of association of the filmgoers by conducting an effective investigation into the disturbances. The court also found that Romanian authorities "discriminated against the applicants on the grounds of their sexual orientation".<ref>{{cite news |last1=Barberá |first1=Marcel Gascón |title=Romania Told to Compensate LGBT Group for Homophobic Attack |url=https://balkaninsight.com/2021/06/01/romania-told-to-compensate-lgbt-group-for-homophobic-attack/ |access-date=1 June 2021 |work=Balkan Insight |date=2021-06-01}}</ref><ref>{{cite news |title=ECHR rules against Romania over LGBT complaint |url=https://www.euractiv.com/section/non-discrimination/news/echr-rules-against-romania-over-lgbt-complaint/ |access-date=2 June 2021 |work=www.euractiv.com |date=2021-06-02}}</ref>


In another well-publicized case, CNA gave a 10,000-lei fine to [[Antena 1 (Romania)|Antena 1]] and received a reprimand from [[FremantleMedia]], British TV company that holds the license of ''[[X Factor]]'' worldwide, after [[Paraziții|Cheloo]], judge of the [[X Factor (Romanian TV series)|Romanian edition of the show]], made discriminatory statements on an openly gay Italian contestant.<ref>{{cite web |url=http://www.romaniatv.net/x-factor-lovitura-cheloo-risca-sa-fie-exclus-din-juriul-x-factor_114509.html |title=X FACTOR: Lovitură! Cheloo riscă să fie exclus din juriul X Factor |work=România TV |author=Alina Costache |date=12 December 2013|language=ro}}</ref>
In another well-publicised case, CNA gave a 10,000-lei fine to [[Antena 1 (Romania)|Antena 1]] and received a reprimand from [[FremantleMedia]], British TV company that holds the license of ''[[X Factor]]'' worldwide, after [[Paraziții|Cheloo]], judge of the [[X Factor (Romanian TV series)|Romanian edition of the show]], made discriminatory statements on an openly gay Italian contestant.<ref>{{cite web |url=http://www.romaniatv.net/x-factor-lovitura-cheloo-risca-sa-fie-exclus-din-juriul-x-factor_114509.html |title=X FACTOR: Lovitură! Cheloo riscă să fie exclus din juriul X Factor |work=România TV |author=Alina Costache |date=12 December 2013|language=ro}}</ref>


== Social attitudes ==
== Social attitudes ==
{{Update section|date=March 2024}}
{{Pie chart
{{Pie chart
| thumb = right
| thumb = right
| caption = Support for same-sex marriage (2017 poll)<ref>{{cite web |url=http://www.ziaruldeiasi.ro/stiri/homofobia-la-romani-date-recente-si-cateva-observatii--118352.html |title=Homophobia among Romanians: recent data and a few observations |work=Ziarul de Iași |author=Sorin Cucerai |date=2016-02-06 |accessdate=2017-03-25}}</ref>
| caption = Support for same-sex marriage (2023 poll)<ref>{{cite web |url=https://www.mozaiqlgbt.ro/barometru-2023/ |title=Barometru de Opinie |work=MozaiQ |author=MozaiQ |date=2023-06-12 |accessdate=2024-06-29}}</ref>
| label1 = Against
| label1 = Against
| value1 = 74
| value1 = 59
| color1 = red
| color1 = red
| label2 = For
| label2 = For / Indifferent
| value2 = 26
| value2 = 41
| color2 = green
| color2 = green
}}
}}
Although the last anti-gay law, Article 200, was repealed in 2001, societal attitudes towards gay and lesbian citizens are still quite discriminatory,<ref>{{cite web |url=http://www.slate.com/blogs/outward/2014/12/10/gay_in_romania_legal_status_and_lived_experience.html |title=What's It Like to Be Gay in Romania? |work=Slate |author=Liam Hoare |date=10 December 2014}}</ref> particularly in rural areas. Many Romanians still think of the gay community as "sick" and although a number of associations support the rights of "sexual minorities" important Romanian institutions remain critical.<ref name="bu">{{cite web |url=http://www.bu.edu/globalbeat/ROMANIA/romeugenelucian.html |title=The Primitive Discrimination |work=Boston University |author=Lucian Ursuletu, Eugene Tifin |access-date=2 August 2016 |archive-date=27 November 2017 |archive-url=https://web.archive.org/web/20171127140155/http://www.bu.edu/globalbeat/ROMANIA/romeugenelucian.html |url-status=dead }}</ref> Homosexuals are regarded as strange, and the [[Romanian Orthodox Church]] has publicly stated its lack of tolerance on the subject.<ref name="bu" /> [[GayFest]] pride marches in [[Bucharest]] have been met with significant and sometimes violent opposition from far-right groups (particularly [[Noua Dreaptă]]),<ref>{{cite web |url=http://news.bbc.co.uk/2/hi/europe/5045352.stm |title=Clashes mark Romanian gay pride |work=BBC News |date=4 June 2006}}</ref> even though police protected pride marchers from harm. Furthermore, Noua Dreaptă has organized "Marches for Normality" on the same day as the GayFest pride parade, with slogans against gay rights and the recognition of same-sex relationships.<ref>{{cite web |url=http://www.mediafax.ro/social/reportaj-marsul-normalitatii-manifestantii-pro-valori-familie-traditionala-si-anti-propaganda-gay-galerie-foto-video-15507540 |title=REPORTAJ. Marșul Normalității: Manifestanții, pro-valori familie tradițională și anti-propagandă gay – GALERIE FOTO, VIDEO |work=Mediafax |author=Letiția Provian, Monica Stoica |date=25 June 2016|language=ro}}</ref>
Although the last anti-gay law, Article 200, was repealed in 2001, societal attitudes towards gay and lesbian citizens are still quite discriminatory,<ref>{{cite web |url=http://www.slate.com/blogs/outward/2014/12/10/gay_in_romania_legal_status_and_lived_experience.html |title=What's It Like to Be Gay in Romania? |work=Slate |author=Liam Hoare |date=10 December 2014}}</ref> particularly in rural areas. Many Romanians still think of the gay community as "sick" and although a number of associations support the rights of "sexual minorities" important Romanian institutions remain critical.<ref name="bu">{{cite web |url=http://www.bu.edu/globalbeat/ROMANIA/romeugenelucian.html |title=The Primitive Discrimination |work=Boston University |author=Lucian Ursuletu, Eugene Tifin |access-date=2 August 2016 |archive-date=27 November 2017 |archive-url=https://web.archive.org/web/20171127140155/http://www.bu.edu/globalbeat/ROMANIA/romeugenelucian.html |url-status=dead }}</ref> Homosexuals are regarded as strange, and the [[Romanian Orthodox Church]] has publicly stated its lack of tolerance on the subject.<ref name="bu" /> [[GayFest]] pride marches in [[Bucharest]] have been met with significant and sometimes violent opposition from far-right groups (particularly [[Noua Dreaptă]]),<ref>{{cite web |url=http://news.bbc.co.uk/2/hi/europe/5045352.stm |title=Clashes mark Romanian gay pride |work=BBC News |date=4 June 2006}}</ref> even though police protected pride marchers from harm. Furthermore, Noua Dreaptă has organised "Marches for Normality" on the same day as the GayFest pride parade, with slogans against gay rights and the recognition of same-sex relationships.<ref>{{cite web |url=http://www.mediafax.ro/social/reportaj-marsul-normalitatii-manifestantii-pro-valori-familie-traditionala-si-anti-propaganda-gay-galerie-foto-video-15507540 |title=REPORTAJ. Marșul Normalității: Manifestanții, pro-valori familie tradițională și anti-propagandă gay – GALERIE FOTO, VIDEO |work=Mediafax |author=Letiția Provian, Monica Stoica |date=25 June 2016|language=ro}}</ref>


Apart from Noua Dreaptă, there are a number of parties (including the [[Greater Romania Party]], the [[Conservative Party (Romania)|Conservative Party]] and former [[Democratic Liberal Party (Romania)|Democratic Liberal Party]]) which have protested against gay festivals in Bucharest and [[Cluj-Napoca]].<ref>{{cite web |url=http://www.ziare.com/mircia-giurgiu/cluj-napoca/pdl-le-a-pus-gand-rau-lesbienelor-la-cluj-770306 |title=PDL le-a pus gând rău lesbienelor la Cluj |work=Cotidianul |date=9 February 2009|language=ro}}</ref>
Apart from Noua Dreaptă, there are a number of parties (including the [[Greater Romania Party]], the [[Conservative Party (Romania)|Conservative Party]] and former [[Democratic Liberal Party (Romania)|Democratic Liberal Party]]) which have protested against gay festivals in Bucharest and [[Cluj-Napoca]].<ref>{{cite web |url=http://www.ziare.com/mircia-giurgiu/cluj-napoca/pdl-le-a-pus-gand-rau-lesbienelor-la-cluj-770306 |title=PDL le-a pus gând rău lesbienelor la Cluj |work=Cotidianul |date=9 February 2009|language=ro}}</ref>


In September 2006, the [[British Council]] conducted a survey in various Romanian cities which, among other things, sought to ascertain the beliefs of Romanian young people (aged between 15 and 25) regarding LGBT rights. Of those surveyed, 39.1% believed that LGBT rights should be extended, 35.9% believed that the LGBT rights situation is satisfactory in Romania, while 15.6% of people stated that LGBT people have too many rights. 9.4% were undecided. Additionally, 71.9% of the young people surveyed stated that LGBT rights should be protected, indicating relatively high levels of acceptance among this demographic.<ref>{{cite web |url=http://www.edrc.ro/docs/docs/cercetari/Valorile-tinerilor-romani-2006.pdf |title=O perspectivă asupra valorilor tinerilor români |work=British Council|language=ro}}</ref> A more recent research conducted by [[Accept (organization)|ACCEPT]] shows that 61% of students who have a different sexual orientation and recognize this have been physically or verbally bullied by their peers.<ref>{{cite web |url=http://stirileprotv.ro/stiri/social/cosmarul-pe-care-il-traiesc-in-scoli-elevii-care-admit-ca-sunt-gay-locul-rusinos-ocupat-de-romania-la-capitolul-toleranta.html |title=Coșmarul pe care îl trăiesc în școli elevii care admit că sunt gay. "Mă huiduiau, mă scuipau. Nu puteam nici ieși din clasă" |work=Știrile Pro TV |date=1 March 2016|language=ro}}</ref>
In September 2006, the [[British Council]] conducted a survey in various Romanian cities which, among other things, sought to ascertain the beliefs of Romanian young people (aged between 15 and 25) regarding LGBT rights. Of those surveyed, 39.1% believed that LGBT rights should be extended, 35.9% believed that the LGBT rights situation is satisfactory in Romania, while 15.6% of people stated that LGBT people have too many rights. 9.4% were undecided. Additionally, 71.9% of the young people surveyed stated that LGBT rights should be protected, indicating relatively high levels of acceptance among this demographic.<ref>{{cite web |url=http://www.edrc.ro/docs/docs/cercetari/Valorile-tinerilor-romani-2006.pdf |title=O perspectivă asupra valorilor tinerilor români |work=British Council|language=ro}}</ref> A more recent research conducted by [[Accept (organization)|ACCEPT]] shows that 61% of students who have a different sexual orientation and recognise this have been physically or verbally bullied by their peers.<ref>{{cite web |url=http://stirileprotv.ro/stiri/social/cosmarul-pe-care-il-traiesc-in-scoli-elevii-care-admit-ca-sunt-gay-locul-rusinos-ocupat-de-romania-la-capitolul-toleranta.html |title=Coșmarul pe care îl trăiesc în școli elevii care admit că sunt gay. "Mă huiduiau, mă scuipau. Nu puteam nici ieși din clasă" |work=Știrile Pro TV |date=1 March 2016|language=ro}}</ref>


A [[Eurobarometer]] survey on discrimination in the [[European Union]], conducted in late 2006, revealed that attitudes towards discrimination on the basis of sexual orientation were similar with those of other EU countries. 47% of Romanians believed that discrimination on the basis of sexual orientation was "widespread", slightly less than the EU average of 50%. Additionally, 55% of Romanians were in favor of specific measures to provide equal opportunity in employment despite sexual orientation, notably lower than the EU average figure of 66%. 67% of Romanians would agree to anonymously reveal their sexual orientation in the census, "if that could help combat discrimination in Romania," while only 16% would be totally opposed (lower than the EU average of 28%). 58% of Romanians believe that homosexuality was still a taboo in Romania, higher than the EU average of 48%, but lower than for countries such as [[Italy]], [[Greece]], [[Ireland]], [[Austria]] and [[Sweden]].<ref>{{cite web |url=http://ec.europa.eu/public_opinion/archives/ebs/ebs_263_fiche_ro.pdf |title=Discrimination in the European Union |work=European Commission}}</ref>
A [[Eurobarometer]] survey on discrimination in the [[European Union]], conducted in late 2006, revealed that attitudes towards discrimination on the basis of sexual orientation were similar with those of other EU countries. 47% of Romanians believed that discrimination on the basis of sexual orientation was "widespread", slightly less than the EU average of 50%. Additionally, 55% of Romanians were in favor of specific measures to provide equal opportunity in employment despite sexual orientation, notably lower than the EU average figure of 66%. 67% of Romanians would agree to anonymously reveal their sexual orientation in the census, "if that could help combat discrimination in Romania," while only 16% would be totally opposed (lower than the EU average of 28%). 58% of Romanians believe that homosexuality was still a taboo in Romania, higher than the EU average of 48%, but lower than for countries such as [[Italy]], [[Greece]], [[Ireland]], [[Austria]] and [[Sweden]].<ref>{{cite web |url=http://ec.europa.eu/public_opinion/archives/ebs/ebs_263_fiche_ro.pdf |title=Discrimination in the European Union |work=European Commission}}</ref>


Other opinion polls have shown Romanians to be more intolerant with regard to homosexuality, including a 2003 poll conducted by [[Gallup (company)|Gallup]] for the Institute for Public Policies. In the poll, 45% of respondents said homosexuals should not be treated the same as others in society; 37% thought homosexuality should be criminalized; and 40% thought homosexuals should not be allowed to live in Romania.<ref>{{cite journal |title=Social perception of homosexuality in Romania |author=Adela Moraru |journal=Procedia - Social and Behavioral Sciences |volume=2 |issue=2 |date=2010 |pages=5726–5730 |doi=10.1016/j.sbspro.2010.03.935|doi-access=free }}</ref> The [[Soros Foundation]] also conducted in June 2011 a survey where 80% of the respondents feel that there is no justification for the acceptance of homosexuality even though it has not been illegal since 2001.<ref>{{cite web |url=http://www.fundatia.ro/romanii-sunt-printre-cei-mai-conservatori-cetateni-din-uniunea-europeana |title=Românii sunt printre cei mai conservatori cetățeni din Uniunea Europeană |work=Fundația pentru o Societate Deschisă |date=5 October 2011 |language=ro |access-date=1 August 2016 |archive-url=https://web.archive.org/web/20161021014659/http://www.fundatia.ro/romanii-sunt-printre-cei-mai-conservatori-cetateni-din-uniunea-europeana |archive-date=21 October 2016 |url-status=dead }}</ref>
Other opinion polls have shown Romanians to be more intolerant with regard to homosexuality, including a 2003 poll conducted by [[Gallup (company)|Gallup]] for the Institute for Public Policies. In the poll, 45% of respondents said homosexuals should not be treated the same as others in society; 37% thought homosexuality should be criminalised; and 40% thought homosexuals should not be allowed to live in Romania.<ref>{{cite journal |title=Social perception of homosexuality in Romania |author=Adela Moraru |journal=Procedia - Social and Behavioral Sciences |volume=2 |issue=2 |date=2010 |pages=5726–5730 |doi=10.1016/j.sbspro.2010.03.935|doi-access=free }}</ref> The [[Soros Foundation]] also conducted in June 2011 a survey where 80% of the respondents feel that there is no justification for the acceptance of homosexuality even though it has not been illegal since 2001.<ref>{{cite web |url=http://www.fundatia.ro/romanii-sunt-printre-cei-mai-conservatori-cetateni-din-uniunea-europeana |title=Românii sunt printre cei mai conservatori cetățeni din Uniunea Europeană |work=Fundația pentru o Societate Deschisă |date=5 October 2011 |language=ro |access-date=1 August 2016 |archive-url=https://web.archive.org/web/20161021014659/http://www.fundatia.ro/romanii-sunt-printre-cei-mai-conservatori-cetateni-din-uniunea-europeana |archive-date=21 October 2016 |url-status=dead }}</ref>


Further surveys show that LGBT persons form a stigmatised minority group similar to other vulnerable groups such as [[Roma people|Roma]] or persons living with [[HIV]].<ref name="barometer">Open Society Foundation Romania, Public Opinion Barometer, quoted in ILGA-Europe, Equality for Lesbians and Gay Men, a Relevant Issue in the EU Accession Process, Brussels, November 2001; Open Society Foundation Romania, Public Opinion Barometer, Bucharest, October 2007.</ref> Anti-gay prejudice and stereotypes are widespread in Romania, and it appears that expressions of [[homophobia]] remain legitimate and respectable – beyond what would be acceptable for any other minority group.<ref name="buhuceanu">{{cite book |title=The situation concerning homophobia and discrimination on grounds of sexual orientation in Romania |author=Florin Buhuceanu |publisher=Sociological Country Report |date=2008}}</ref> However, the number of Romanians saying that they would not want a homosexual neighbour has decreased from 86% in 2001 to 61% in 2007.<ref name="barometer" /> Homosexuality remains a social and political issue. Arguments describing homosexuality as a "vice" or a "sin against nature" are common.<ref name="buhuceanu" />
Further surveys show that LGBT persons form a stigmatised minority group similar to other vulnerable groups such as [[Roma people|Roma]] or persons living with [[HIV]].<ref name="barometer">Open Society Foundation Romania, Public Opinion Barometer, quoted in ILGA-Europe, Equality for Lesbians and Gay Men, a Relevant Issue in the EU Accession Process, Brussels, November 2001; Open Society Foundation Romania, Public Opinion Barometer, Bucharest, October 2007.</ref> Anti-gay prejudice and stereotypes are widespread in Romania, and it appears that expressions of [[homophobia]] remain legitimate and respectable – beyond what would be acceptable for any other minority group.<ref name="buhuceanu">{{cite book |title=The situation concerning homophobia and discrimination on grounds of sexual orientation in Romania |author=Florin Buhuceanu |publisher=Sociological Country Report |date=2008}}</ref> However, the number of Romanians saying that they would not want a homosexual neighbour has decreased from 86% in 2001 to 61% in 2007.<ref name="barometer" /> Homosexuality remains a social and political issue. Arguments describing homosexuality as a "vice" or a "sin against nature" are common.<ref name="buhuceanu" />
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* 79.7% of those questioned would not want a homosexual neighbor;
* 79.7% of those questioned would not want a homosexual neighbor;
* 53% preferred that homosexuality be outlawed (compared to 62% in 2006).
* 53% preferred that homosexuality be outlawed (compared to 62% in 2006).
The 2023 Eurobarometer found that 25% of Romanians people thought same-sex marriage should be allowed throughout Europe, and 27% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".<ref>{{Cite web |date=22 December 2023 |title=Discrimination in the EU_sp535_volumeA.xlsx [QB15_2] and [QB15_3] |url=https://webgate.ec.europa.eu/ebsm/api/public/odp/download?key=357D4B83D1BE42F7D20030592A2E8DE4 |access-date=29 December 2023 |website=data.europa.eu |format=xls}}</ref>


===Openness about being LGBTI===
===Openness about being LGBTI===
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=== Violence against LGBT people ===
=== Violence against LGBT people ===
{{Update section|date=March 2024}}
A 2013 survey by the European Union's [[Fundamental Rights Agency]] shows that Romania ranks third, after [[Croatia]] and [[Bulgaria]], among the countries with the highest levels of [[homophobia|homophobic behavior]].<ref name="survey">{{cite web |url=https://www.bbc.com/news/world-europe-22563843 |title=EU LGBT survey: Poll on homophobia sparks concern |work=BBC News |date=17 May 2013}}</ref> 21% of members of sexual minorities in Romania say they were attacked or threatened with violence in the past five years.<ref name="survey" /> The abuses occur not only on the street but also in schools.<ref>{{cite web |url=http://fra.europa.eu/sites/default/files/memo-fra-s-eu-lgbt-survey_en.pdf |title=FRA's EU LGBT survey |work=European Union Agency for Fundamental Rights}}</ref> The authors of the discrimination and violence acts come from all walks of life – neighbors, acquaintances, those responsible with enforcing the law, co-workers, teachers and classmates.<ref>{{cite web |url=http://www.ilga-europe.org/m3/equality_ac/disc-study_romania_eng.pdf |title=Sexual Orientation Discrimination in Romania: A Survey of Violence, Harassment and Discrimination Against Romania's Lesbian, Gay, Bisexual and Transgender Community |date=May 2001 }}{{Dead link|date=February 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
A 2013 survey by the European Union's [[Fundamental Rights Agency]] shows that Romania ranks third, after [[Croatia]] and [[Bulgaria]], among the countries with the highest levels of [[homophobia|homophobic behavior]].<ref name="survey">{{cite web |url=https://www.bbc.com/news/world-europe-22563843 |title=EU LGBT survey: Poll on homophobia sparks concern |work=BBC News |date=17 May 2013}}</ref> 21% of members of sexual minorities in Romania say they were attacked or threatened with violence in the past five years.<ref name="survey" /> The abuses occur not only on the street but also in schools.<ref>{{cite web |url=http://fra.europa.eu/sites/default/files/memo-fra-s-eu-lgbt-survey_en.pdf |title=FRA's EU LGBT survey |work=European Union Agency for Fundamental Rights}}</ref> The authors of the discrimination and violence acts come from all walks of life – neighbors, acquaintances, those responsible with enforcing the law, co-workers, teachers and classmates.<ref>{{cite web |url=http://www.ilga-europe.org/m3/equality_ac/disc-study_romania_eng.pdf |title=Sexual Orientation Discrimination in Romania: A Survey of Violence, Harassment and Discrimination Against Romania's Lesbian, Gay, Bisexual and Transgender Community |date=May 2001 }}{{Dead link|date=February 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>


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Open homosexuality is still uncommon outside of major urban centers, and rural gay and lesbian Romanians typically remain closeted. The largest and most visible LGBT communities exist in [[Bucharest]] and in [[Cluj-Napoca]], which have some gay clubs and cultural events.
Open homosexuality is still uncommon outside of major urban centers, and rural gay and lesbian Romanians typically remain closeted. The largest and most visible LGBT communities exist in [[Bucharest]] and in [[Cluj-Napoca]], which have some gay clubs and cultural events.


As of 2022, annual pride parades occur in four cities: [[Bucharest]], [[Cluj-Napoca]], [[Iași]] and [[Timișoara]]:
As of 2024, annual pride parades occur in four cities: [[Bucharest]], [[Cluj-Napoca]], [[Iași]] and [[Timișoara]]:
* [[Bucharest Pride]] has been held in Bucharest annually since 2005. The 18th edition of Bucharest Pride attracted a record 25,000 participants<ref>{{cite web |url=https://romania.europalibera.org/a/bucharest-pride-2023/32525333.html |title=Organizatorii Bucharest Pride estimează 25.000 de persoane au participat la parada comunității LGBTQIA+ |work=Europa Liberă România |last=Benea |first=Ionuț |date=29 July 2023}}</ref> and it is organised by [[Accept (organization)|ACCEPT]], the largest organisation in Romania advocating for LGBT rights.<ref>{{Cite web|url=https://www.reuters.com/article/us-romania-lgbt-parade-idUSKCN1TN0N8|title=Thousands march in Romanian capital's pride parade|date=22 June 2019|via=www.reuters.com}}</ref>
* Cluj Pride has been held since 2017 and involves a pride parade through the city centre, as well as a week-long calendar of social and cultural events.<ref>{{Cite web |title=Asociația PRIDE România |url=https://www.facebook.com/AsociatiaPRIDE/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> There are also several other LGBT events held in Cluj-Napoca by [[Be An Angel]], another LGBT rights organisation. These include the annual [[Gay Film Nights]], an international LGBT film festival, the Gay Prize Gala, which recognises those who have contributed to LGBT culture and rights, and Miss Travesty Romania, a transvestite beauty pageant.
* Iași Pride has been held since 2021 and is organised by Rise OUT.<ref>{{Cite web |title=Iaşi Pride – Rise OUT |url=https://riseout.ro/en/iasi-pride/ |access-date=2022-06-06 |language=en-US}}</ref> The most recent Iași Pride took place in June 2024 and attracted 2,000 participants.<ref>{{cite web |url=https://www.ziaruldeiasi.ro/stiri/mii-de-ieseni-la-marsul-pride-de-la-iasi-a-participat-si-un-europarlamentar-video-foto--1649124.html |title=Mii de ieșeni la Marșul Pride de la Iași. A participat și un europarlamentar |work=Ziarul de Iași |date=22 June 2024}}</ref>
* [[Timișoara]]'s [[Timișoara Pride Week|Pride TM]] was first held in 2022, organised by Identity.Education. The inaugural parade attracted hundreds of participants.<ref>{{Cite web |date=2022-07-02 |title=VIDEO Marş Pride dedicat comunităţii LGBTQ+ la Timişoara/ Participanţii au scandat "Iubire, iubire, iubire" |url=https://www.g4media.ro/video-mars-pride-dedicat-comunitatii-lgbtq-la-timisoara-participantii-au-scandat-iubire-iubire-iubire.html |access-date=2022-07-06 |website=G4Media.ro |language=ro-RO}}</ref>


LGBT community pride events (such as film screenings, concerts, art exhibitions and community building events) are also held annually in [[Brașov]],<ref>{{Cite web |title=Hlgbtq United |url=https://www.facebook.com/HlgbtqUnited/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> [[Sibiu]]<ref>{{Cite web |title=Sibiu Pride |url=https://www.facebook.com/sibiupride/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> and [[Oradea]],<ref>{{cite web |url=https://www.bihon.ro/stirile-judetului-bihor/a-inceput-pride-week-la-oradea-nu-vrem-sa-fim-tolerati-ne-dorim-sa-fim-tratati-egal-4368854/ |title=A început Pride Week la Oradea: „Nu vrem să fim toleraţi, ne dorim să fim trataţi egal” |last=Bușu |first=Camelia |work=BIHON |date=8 August 2023}}</ref> although these cities have not yet hosted a pride parade.
* [[Bucharest Pride]] has been held in Bucharest annually since 2005. The 15th edition of Bucharest Pride attracted a record 10,000 participants,<ref>{{Cite web|url=https://www.rferl.org/a/thousands-join-gay-pride-parade-in-romania/30014385.html|title=Thousands Join Gay-Pride Parade In Romanian Capital|website=RadioFreeEurope/RadioLiberty}}</ref> and it is organised by [[Accept (organization)|ACCEPT]], the largest organisation in Romania advocating for LGBT rights.<ref>{{Cite web|url=https://www.reuters.com/article/us-romania-lgbt-parade-idUSKCN1TN0N8|title=Thousands march in Romanian capital's pride parade|date=22 June 2019|via=www.reuters.com}}</ref>
* Cluj Pride has been held since 2017, and involves a pride parade through the city centre, as well as a week-long calendar of social and cultural events.<ref>{{Cite web |title=Asociația PRIDE România |url=https://www.facebook.com/AsociatiaPRIDE/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> There are also several other LGBT events held in Cluj-Napoca by [[Be An Angel]], another LGBT rights organisation. These include the annual [[Gay Film Nights]], an international LGBT film festival, the Gay Prize Gala, which recognises those who have contributed to LGBT culture and rights, and Miss Travesty Romania, a transvestite beauty pageant.
* Iași Pride has been held since 2021 and is organised by Rise OUT.<ref>{{Cite web |title=Iaşi Pride – Rise OUT |url=https://riseout.ro/en/iasi-pride/ |access-date=2022-06-06 |language=en-US}}</ref> The most recent Iași Pride took place in June 2022 and attracted hundreds of participants.<ref>{{Cite web |title=VIDEO {{!}} Incidente la marşul Iaşi Pride. S-a aruncat cu fumigene şi ouă înspre participanţi |url=https://stirileprotv.ro/stiri/actualitate/video-incidente-la-marsul-iasi-pride-s-a-aruncat-cu-fumigene-si-oua-inspre-participanti.html |access-date=2022-06-06 |website=Stirileprotv.ro |language=ro}}</ref>
* [[Timișoara]]'s Pride TM was first held in 2022, organised by Identity.Education. The inaugural parade attracted hundreds of participants.<ref>{{Cite web |date=2022-07-02 |title=VIDEO Marş Pride dedicat comunităţii LGBTQ+ la Timişoara/ Participanţii au scandat "Iubire, iubire, iubire" |url=https://www.g4media.ro/video-mars-pride-dedicat-comunitatii-lgbtq-la-timisoara-participantii-au-scandat-iubire-iubire-iubire.html |access-date=2022-07-06 |website=G4Media.ro |language=ro-RO}}</ref>

LGBT community pride events (such as film screenings, concerts, art exhibitions and community building events) are also held annually in [[Brașov]]<ref>{{Cite web |title=Hlgbtq United |url=https://www.facebook.com/HlgbtqUnited/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> and [[Sibiu]],<ref>{{Cite web |title=Sibiu Pride |url=https://www.facebook.com/sibiupride/ |access-date=2022-06-06 |website=www.facebook.com |language=en}}</ref> although these cities have not yet hosted a pride parade.


Romania has a vibrant online LGBT media and blogosphere.<ref>{{cite book |url=https://www.academia.edu/4318456 |title=A short history of the queer time of "post-socialist" Romania, or, Are we there yet? Let's ask Madonna! |author=Shannon Woodcock |work=De-Centring Western Sexualities: Central and Eastern European Perspectives |publisher=Ashgate |date=2011 |page=9}}</ref> Key online newsletters include [[Angelicuss]] and [[GayOne]]. In October 2008, Be An Angel launched Romania's first LGBT television channel, Angelicuss TV, which only broadcasts online.<ref>{{cite web |url=http://www.pinknews.co.uk/2008/08/27/gay-online-tv-channel-to-launch-in-romania/ |title=Gay online TV channel to launch in Romania |work=PinkNews |author=Jamie Skey |date=27 August 2008}}</ref> At the same time, most traditional LGBT media has ceased operating; there are currently no print magazines or newspapers.
Romania has a vibrant online LGBT media and blogosphere.<ref>{{cite book |url=https://www.academia.edu/4318456 |title=A short history of the queer time of "post-socialist" Romania, or, Are we there yet? Let's ask Madonna! |author=Shannon Woodcock |work=De-Centring Western Sexualities: Central and Eastern European Perspectives |publisher=Ashgate |date=2011 |page=9}}</ref> Key online newsletters include [[Angelicuss]] and [[GayOne]]. In October 2008, Be An Angel launched Romania's first LGBT television channel, Angelicuss TV, which only broadcasts online.<ref>{{cite web |url=http://www.pinknews.co.uk/2008/08/27/gay-online-tv-channel-to-launch-in-romania/ |title=Gay online TV channel to launch in Romania |work=PinkNews |author=Jamie Skey |date=27 August 2008}}</ref> At the same time, most traditional LGBT media has ceased operating; there are currently no print magazines or newspapers.


In the late 2010s and early 2020s, there has been a spread of LGBT community organisations and events outside Bucharest to other regional centres. However, despite greater access to the active community within Bucharest through [[social media]], a huge gap still exists in unifying regional activists with those in the capital.<ref>{{cite web |url=http://www.gaystarnews.com/article/romania-struggle/ |title=This is what the LGBTI community are facing in Romania |work=Gay Star News |author=Vlad Viski |date=5 February 2016}}</ref>
In the late 2010s and early 2020s, there has been a spread of LGBT community organisations and events outside Bucharest to other regional centres. However, despite greater access to the active community within Bucharest through [[social media]], a huge gap still exists in unifying regional activists with those in the capital.<ref>{{cite web |url=http://www.gaystarnews.com/article/romania-struggle/ |title=This is what the LGBTI community are facing in Romania |work=Gay Star News |author=Vlad Viski |date=5 February 2016 |access-date=1 August 2016 |archive-date=15 April 2019 |archive-url=https://web.archive.org/web/20190415183910/https://www.gaystarnews.com/article/romania-struggle/ |url-status=dead }}</ref>


== Anti-LGBT movements ==
== Anti-LGBT movements ==
{{See also|2018 Romanian constitutional referendum}}
{{See also|2018 Romanian constitutional referendum}}
In 2015, an alliance was formed between over 30 Romanian NGOs under the name of ''[[Coaliția pentru Familie|Coalition for Family]]''. The coalition's main activity consisted in promoting and collecting signatures for a citizen's initiative aiming to revise the Constitution and prevent interpretations that would permit gay marriage.<ref>{{cite web |url=http://coalitiapentrufamilie.ro/protecting-the-future-and-the-sanctity-of-the-family-institution-in-romania/ |title=Protecting the future and the sanctity of the Family Institution in Romania |work=Coaliția pentru Familie |date=10 December 2015}}</ref> By May 2016 the coalition had gathered over 3 million signatures.<ref>{{cite web |url=http://www.balkaninsight.com/en/article/romanians-want-constitution-amendment-against-same-sex-marriages-05-24-2016 |title=Three Million Romanians Back Anti-Gay Marriage Campaign |work=Balkan Insight |author=Cristina Bucureasa |date=25 May 2016}}</ref> The proposal is actively supported by the [[Romanian Orthodox Church]].<ref>{{cite book |chapter-url=http://www.ilga-europe.org/sites/default/files/Attachments/annual_review_2016-for_web.pdf |chapter=Romania |title=Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe |publisher=ILGA-Europe |location=Brussels |date=2016 |page=136 |isbn=978-92-95066-11-3}}</ref> On 20 July 2016, the nine judges of the Constitutional Court ruled unanimously that the proposal to change the constitution's definition of marriage was valid.<ref>{{cite web |url=https://www.reuters.com/article/us-romania-gaymarriage-idUSKCN1002KW |title=Romania moves closer to ruling out possibility of legalizing same-sex marriage |work=Reuters |author=Luiza Ilie |date=20 July 2016}}</ref><ref>{{cite web |url=http://www.lgbtqnation.com/2016/07/court-rules-romania-can-change-constitution-ban-marriage-equality/ |title=Court rules Romania can change constitution to ban marriage equality |work=LGBTQ Nation |date=20 July 2016}}</ref> In October 2018, the referendum to define marriage as exclusively heterosexual failed.<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-45779107|title=Romania gay marriage ban vote flops|date=2018-10-08|work=BBC News|access-date=2018-10-10|language=en-GB}}</ref> The referendum was invalid and failed due to low voter turnout; it did not reach the threshold needed.<ref>{{Cite news|url=https://www.cnn.com/2018/10/08/europe/romania-marriage-referendum-fails-intl/index.html|title=Romania vote to ban same-sex marriage fails on low turnout|author1=Milena Veselinovic |author2=Laura Smith-Spark|work=CNN|access-date=2018-10-10}}</ref>
In 2015, an alliance was formed between over 30 Romanian NGOs under the name of ''[[Coaliția pentru Familie|Coalition for Family]]''. The coalition's main activity consisted in promoting and collecting signatures for a citizen's initiative aiming to revise the Constitution and prevent interpretations that would permit gay marriage.<ref>{{cite web |url=http://coalitiapentrufamilie.ro/protecting-the-future-and-the-sanctity-of-the-family-institution-in-romania/ |title=Protecting the future and the sanctity of the Family Institution in Romania |work=Coaliția pentru Familie |date=10 December 2015 |access-date=21 June 2016 |archive-date=31 May 2016 |archive-url=https://web.archive.org/web/20160531123701/http://coalitiapentrufamilie.ro/protecting-the-future-and-the-sanctity-of-the-family-institution-in-romania |url-status=dead }}</ref> By May 2016 the coalition had gathered over 3 million signatures.<ref>{{cite web |url=http://www.balkaninsight.com/en/article/romanians-want-constitution-amendment-against-same-sex-marriages-05-24-2016 |title=Three Million Romanians Back Anti-Gay Marriage Campaign |work=Balkan Insight |author=Cristina Bucureasa |date=25 May 2016}}</ref> The proposal is actively supported by the [[Romanian Orthodox Church]].<ref>{{cite book |chapter-url=http://www.ilga-europe.org/sites/default/files/Attachments/annual_review_2016-for_web.pdf |chapter=Romania |title=Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe |publisher=ILGA-Europe |location=Brussels |date=2016 |page=136 |isbn=978-92-95066-11-3}}</ref> On 20 July 2016, the nine judges of the Constitutional Court ruled unanimously that the proposal to change the constitution's definition of marriage was valid.<ref>{{cite web |url=https://www.reuters.com/article/us-romania-gaymarriage-idUSKCN1002KW |title=Romania moves closer to ruling out possibility of legalizing same-sex marriage |work=Reuters |author=Luiza Ilie |date=20 July 2016}}</ref><ref>{{cite web |url=http://www.lgbtqnation.com/2016/07/court-rules-romania-can-change-constitution-ban-marriage-equality/ |title=Court rules Romania can change constitution to ban marriage equality |work=LGBTQ Nation |date=20 July 2016}}</ref> In October 2018, the referendum to define marriage as exclusively heterosexual failed.<ref>{{Cite news|url=https://www.bbc.com/news/world-europe-45779107|title=Romania gay marriage ban vote flops|date=2018-10-08|work=BBC News|access-date=2018-10-10|language=en-GB}}</ref> The referendum was invalid and failed due to low voter turnout; it did not reach the threshold needed.<ref>{{Cite news|url=https://www.cnn.com/2018/10/08/europe/romania-marriage-referendum-fails-intl/index.html|title=Romania vote to ban same-sex marriage fails on low turnout|author1=Milena Veselinovic |author2=Laura Smith-Spark|work=CNN|access-date=2018-10-10}}</ref>


== Summary table ==
== Summary table ==
{{Unreferenced section|date=March 2024}}
{| class="wikitable"
{| class="wikitable"
|-
|-
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|-
|-
| Equal age of consent (16)
| Equal age of consent (16)
| [[File:Yes check.svg|15px|Yes]] (Since 2002)
| [[File:Yes check.svg|15px|Yes]] (Since 2020)
|-
|-
| Anti-discrimination laws in employment only
| Anti-discrimination laws in employment only
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| Adoption by single LGBT individuals
| Adoption by single LGBT individuals
| [[File:Yes check.svg|15px|Yes]]
| [[File:Yes check.svg|15px|Yes]]{{When|date=January 2024}}
|-
|-
| Step-child adoption by same-sex couples
| Step-child adoption by same-sex couples
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|-
|-
| Gay, lesbian and bisexual people allowed to serve openly in the military
| Gay, lesbian and bisexual people allowed to serve openly in the military
| [[File:Yes check.svg|15px|Yes]]
| [[File:Yes check.svg|15px|Yes]]{{When|date=January 2024}}
|-
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| Right to change legal gender
| Right to change legal gender
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|-
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| [[Men who have sex with men|MSMs]] allowed to donate blood
| [[Men who have sex with men|MSMs]] allowed to donate blood
| [[File:Yes check.svg|15px|Yes]]
| [[File:Yes check.svg|15px|Yes]]{{When|date=January 2024}}
|}
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* [[Human rights in Romania]]
* [[Human rights in Romania]]
* [[LGBT history in Romania]]
* [[LGBT history in Romania]]
* [[LGBT rights in Europe]]
* [[LGBT rights in Europe]]
* [[LGBT rights in the European Union]]
* [[2018 Romanian constitutional referendum]]
* [[2018 Romanian constitutional referendum]]



Revision as of 22:02, 18 July 2024

LGBTQ rights in Romania
Location of Romania (dark green)

– in Europe (light green & dark grey)
– in the European Union (light green)  –  [Legend]

StatusLegal since 2002, age of consent equalised in 2002
Gender identityChange of legal sex allowed since 1996, following sex reassignment surgery
MilitaryGays and lesbians allowed to serve
Discrimination protectionsSexual orientation protections since 2000 (see below)
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
Adoption

Lesbian, gay, bisexual, and transgender (LGBT) people in Romania may face legal challenges and discrimination not experienced by non-LGBT residents. Attitudes in Romania are generally conservative, with regard to the rights of gay, lesbian, bisexual, and transgender citizens. Nevertheless, the country has made significant changes in LGBT rights legislation since 2000. In the past two decades, it fully decriminalised homosexuality, introduced and enforced wide-ranging anti-discrimination laws, equalised the age of consent and introduced laws against homophobic hate crimes.[1][2] Furthermore, LGBT communities have become more visible in recent years, as a result of events such as Bucharest's annual pride parade, Timișoara's Pride Week and Cluj-Napoca's Gay Film Nights festival.

In 2006, Romania was named by Human Rights Watch as one of five countries in the world that had made "exemplary progress in combating rights abuses based on sexual orientation or gender identity."[3] However, in June 2020, it placed a blanket ban on the study of gender identity in education.[4] The ban was struck down in December 2020 by Romania’s Constitutional Court.[5][6] In April 2022, a bill passed in the Senate of Romania banning "gay propaganda" in schools.[6] Also in April 2022, the senate passed a bill banning the discussion of homosexuality and gender identity in public spaces.[7] It was approved by the Romanian Human Rights Commission but requires approval by the Chamber of Deputies, Romania's lower house of Parliament.[7] The bill sparked a march by over 15,000 people in Romania's capital Bucharest in July 2022, calling for equal rights for gender and sexual minorities.[7] In 2022, the advocacy group ILGA-Europe ranked Romania 26 out of 27 European Union (EU) countries for LGBT rights protection, behind all EU countries except Poland.[8]

Laws against homosexuality

The Penal Code promulgated by Alexandru Ioan Cuza in 1864, inspired mainly by the French Penal Code of 1810 (which, over time, had eliminated the penal discrimination of homosexuality),[9] did not treat homosexual relations differently from heterosexual ones,[10] and thus, homosexuality was only illegal if it was done on an unconsensual basis. Starting with 1878, the corresponding Transylvanian-Hungarian code penalised gay men only if they engaged in violent homosexual acts, such as rape or attempted rape.[10][11] Likewise, Bukovina punished homosexual rape through old Austrian Article 129.[11]

Both regions were annexed to Romania after the World War I, so Romania created a new national Penal Code. Influenced by anti-gay legislation in totalitarian fascist states, the Romanian Penal Code criminalised homosexuality in the country for the first time in 1937. This Code (as result of public debate on sexuality) banned public homosexuality only (Article 431 penalised "acts of sexual inversion committed between men or between women, if provoking public scandal").[10][12] In 1948, this "public" homosexuality was extended by a court so that it included all situations whatever public or private if "provoking scandal", thus homosexuality became de facto illegal. In the new Penal Code of the Romanian People's Republic, Article 431 toughened penalties to a minimum of two years' and a maximum of five years' imprisonment.[11] In 1957 the "public scandal" reference was removed, and any consenting sexual intercourse between persons of the same sex was criminalised.[10] After Nicolae Ceaușescu's rise to power, in 1968, the basic code was again revised, introducing Article 200 and moving the infraction from the public domain into the private:[10][13][14]

  1. Sexual relations between persons of the same sex shall be punished with imprisonment from 1 to 5 years.
  2. Act stipulated in paragraph 1, committed against a minor, against a person unable to defend himself or to express his will, or by coercion, shall be punished with imprisonment from 2 to 7 years.
  3. If the act stipulated in paragraph 2 and 3 results in serious injury of physical integrity or health, the penalty is imprisonment from 3 to 10 years, and if results in the death or suicide of the victim, the penalty is imprisonment from 7 to 15 years.
  4. Inciting or encouraging a person to practice the act stipulated in paragraph 1 shall be punished with imprisonment from 1 to 5 years.

Article 200 was purposeful to Ceaușescu regime in that, since 1970, it offered a pry to strengthen social control.[15] These restrictions under the Penal Code were strictly unique to Romania and no other European country.[16] The restrictions only included relationships and those who considered themselves homosexual were not punished but were instead considered as mentally ill.[17] In the early 1990s, when gay rights activists, international human rights organizations, and the European Council started to press the Romanian government to decriminalise homosexuality and ensure equal rights for all citizens, the conservative political élites and the Orthodox Church claimed that sexual minorities did not exist in Romania prior to 1989 and that homosexuality was only an undesirable product of capitalism,[18] a lifestyle induced by the Western democracies, and not a part of the heteronormative Romanian culture.[19] In 1995, Romania applied for EU membership.[20] As of 1995, it was one of only three countries in Europe that still criminalised homosexuality.[21] Due mainly to strong international pressure, in 1996, the first paragraph of Article 200 was amended and only same-sex sexual activities performed in public or considered a source of public scandal were punished by the law.[10][11] The last person to be imprisoned in Romania for being gay was released in 1998.[22] In 2000, Romania began EU accession negotiations, and the country had to demonstrate progress in harmonizing its laws with the EU legislation. In particular, Romania had to prove that sexual minority human rights were not violated by the country's policies and legislation. And the possibility of eventual entry into the European Union had a powerful effect on legal change. In January 2001, Adrian Năstase's government adopted the Emergency Ordinance no. 89/2001,[23] which eliminated Art. 200 of the Penal Code and adjusted other articles referring to sex offences to avoid discriminatory treatment of offenders.[24] This ordinance came into force in January 2002, after President Ion Iliescu signed the new law.[19]

There are currently no laws against gay citizens in Romania, aside from those that deny equality in marriage. Since 2002, the age of consent has been equal for both heterosexual and homosexual sex, at 15 years of age, which was lifted to 16 in 2020 for both heterosexual and homosexual sex.[25]

In late 2007, the right-wing Greater Romania Party proposed a law in the Senate that would ban the "propagation of ideas and manifestations by homosexuals and lesbians", designed primarily to prevent Bucharest's annual GayFest pride parade from taking place. The proposal was rejected by the Senate on 11 February 2008, with 17 votes for, 16 abstentions and 27 votes against.[26][27]

Recognition of same-sex relationships

In September 2023, Romania was obligated to accept legal LGBTQ+ couples.[28] The Constitution of Romania defines the family as a freely consented marriage between spouses, without specifying their gender.[29] Despite this, legislation in effect leaves no room for interpretation for representatives of marital status. Marriage can only be the union of one man and one woman, and a same-sex couple can not legally receive state protection as a family.

Article 48 – Family (1) The family shall be founded on a freely consented marriage between spouses, on their full equality and the right and duty of parents to ensure the upbringing, education and instruction of children.

Moreover, same-sex marriage is prohibited by the Civil Code[30] and there is no difficulty in implementing these provisions.

Article 259 – Marriage (1) Marriage shall be a freely consented union between a man and a woman, concluded under the law.

In April 2013, the Green Party MP Remus Cernea announced a proposed law that would give same-sex marriages the same rights as heterosexual ones,[31] prompting fierce reactions from opponents of the move.[32] On 7 July 2013, Cernea introduced the bill in the Senate, awaiting to receive reports and approvals from the entitled Parliamentary Committees in December 2013.[33] On 17 December 2013, the bill was rejected by the Senate with only 2 votes in favor versus 110 against. After being sent to the Chamber of Deputies, the bill was officially defeated by a vote of 298 to 4 on 11 June 2014.[33]

On 7 June 2013, Romania had attempted to amend its Constitution to ban same-sex marriage through a commission tasked with amending it, with 15 MPs in the commission voting for, and only 3 abstentions.[34] However, the amendment was withdrawn following both internal and international backlash.

In October 2014, Cernea once again submitted a civil partnership bill to Parliament. In April 2015, the Senate voted 49 to 8 against the bill.[35] In December 2015, the bill arrived before the Chamber of Deputies where it was rejected once more.[35]

A lawsuit initiated by a Romanian man seeking to have his marriage to an American man (the marriage was solemnised in Belgium, where same-sex marriage is legal) recognised came before the Constitutional Court, which consulted with the European Court of Justice on the matter.[36] The European Court of Justice ruled in June 2018 in Coman and Others that same-sex spouses have the same right of residence if the marriage was legally performed in an EU country.

In March 2018, President of the Senate Călin Popescu-Tăriceanu[37] and President of the Chamber of Deputies Liviu Dragnea[38] voiced their intention to legalise civil partnerships for same-sex couples.[39] In this regard, the National Council for Combating Discrimination introduced a bill through which heterosexual or homosexual couples who don't want or can't marry will be able to opt for the formalisation of a consensual union registered with the civil status officer.[40] Also in 2018, Romania's highest court ruled that same-sex couples should be given the same residency rights in the country.[41] In September 2018, the highest court ruled that same-sex couples should have the same legal rights as heterosexual couples.[42][43] On 23 May 2023 the European Court of Human Rights ruled that Romania is breaching article eight of the European Convention on Human Rights by not allowing same-sex couples to marry or register civil partnerships.[44][45] However, in regards to that, in November 2023, Prime-Minister Marcel Ciolacu said that Romania won't legalise either same-sex marriage or civil partnerships.[46] A similar position was taken by Nicolae Ciucă, the president of the Senate of Romania and of the National Liberal Party.[47]

Adoption and family planning

Law no. 273/2004 on the procedure of adoption in Romania does not stipulate as a condition of the adopter to be heterosexual, so under the domestic laws a homosexual can claim to adopt a child.[48] Furthermore, in the case of E.B. v. France (2008), the Grand Chamber of the Strasbourg Court ruled that the authorities' refusal to allow a person to adopt a child on the basis of sexual orientation creates a difference of treatment incompatible with human rights.[49] On the other hand, Romania does not have access to the joint adoption and adoption by the second parent.[50]

It is legal for single women, including lesbians, to access means of assisted insemination, such as IVF. In 2005, the Constitutional Court ruled that it is unconstitutional to deny medically assisted reproduction, such as IVF, to individuals or those who are unmarried.[51]

Gender identity and expression

Since 1996, it has been possible for someone who has gone through sex reassignment surgery to legally change their sex in their official documents.[52] However, the law governing the ability of transgender persons to change their identity is vague and incomplete, resulting in inconsistency in judicial practice concerning legal recognition of gender identity.[53] In some cases authorities denied recognition of a change in identity unless a sex-reassignment intervention had occurred.[53] Because of the difficult legal procedure for gender recognition, it is often impossible for transgender persons to get documents reflecting their gender identity, which leads to difficulties in all services requiring identity documents (health care, transportation passes, banking services).[53]

The law on civil registration data[54] and the law on the procedures for identification documents[55] offer indirect guidance on the procedure for sex change and for changes to names and identification data. Changing civil status requires a court decision based, in practice, on a certificate issued by the Institutul Național de Medicină Legală (National Institute for Legal Medicine)[56] following an intrusive and arbitrary procedure that was developed ad hoc to fill a legal vacuum.[57]

In June 2020, Romania's parliament passed an amendment to the education law placing a blanket ban on gender identity studies. The bill was passed without public debate and was condemned by human rights groups and universities.[4] This included condemnation from the University of Bucharest, which stated,

"It contradicts fundamental rights guaranteed by the Romania Constitution and international conventions of which Romania is a party to. The text of the law has no scientific basis and is a blatant example of interference in education and free expression".[58]

The ban was struck down in December 2020 by Romania’s Constitutional Court.[5][6]

Military service

Gay people are allowed to serve openly in the Romanian army. According to the Ministry of Defence's recruitment policy, "it is the right of every Romanian citizen to take part in the military structures of our country, regardless of their sexual orientation."[59] Nonetheless, many – if not most – gay and lesbian members of the military choose to remain closeted in the work place due to continued fear of discrimination.[60][61]

Discrimination protections

In 2000, the Romanian Parliament enacted a law that explicitly outlawed discrimination on the basis of sexual orientation in a variety of fields,[62] including employment, the provision of and access to goods and services, housing, education, health care, audiovisual programming, the justice system, other public services and social security.[63] The law, which is among the most comprehensive in the European Union,[64] has been successfully tested by the National Council for Combating Discrimination (CNCD), Romania's equality body, which has fined a number of individuals and firms for discriminating on the basis of sexual orientation. An example of this was when TAROM, the national air carrier, was fined for refusing to allow same-sex partners to take advantage of its discounts for couples on Valentine's Day 2005.[65] Aside from imposing a fine, the CNCD obliged TAROM to rectify the situation.

Constitutional protection against discrimination

On 5 June 2013 a Parliamentary Committee for reviewing the Constitution voted to include sexual orientation as a protected ground against discrimination in the new Constitution. The same committee voted, the following day, to change the current marriage law form, which describes marriage as "a consensual union between spouses," to the more restrictive form, describing it "as a union between a man and a woman alone", thus banning same-sex marriage.[34] Faced with a series of backlashes from civil society and domestic and international organizations, such as ACCEPT and Amnesty International,[66] the committee retracted both amendments. Dozens of NGOs protested the move (to retract the Constitutional protection against discrimination on the basis of their sexual orientation) and said "members of the Committee for Constitutional Revision deny the protection for the citizens who most need it" and that "as a Member State of the European Union, it is mandatory for Romania to implement the provisions of Community law in the national legislation."[67]

Green Party MP Remus Cernea, who is a staunch supporter of LGBT rights, and who has introduced a failed draft law to the Senate in order to legalise civil unions, thinks of the move as a "clear a democratic setback; Romania should now be included among the most homophobic countries in the world."[34]

Hate crimes legislation

The Penal Code was amended in 2006 to include incitement to discrimination. The same amendment introduced discriminatory intent as an aggravating circumstance in the commission of a criminal offence.[64] That is, the fact that a crime was motivated by homophobic bias may lead to a higher sentence. However, it is difficult to assess whether these provisions are actually applied.[57]

Laws against anti-LGBT speech

In 2006, the Penal Code was amended in order to criminalise incitement to hatred and harassment on the basis of sexual orientation.[64] However, this law has not been applied yet; indeed, public marches against homosexuality by extreme right-wing activists, containing offensive anti-gay slogans, have proceeded on several occasions without being prosecuted.

Blood donation

Romania currently bans men who have had sex with men (MSM) from donating blood, due to a presumed higher risk of infection with STDs.[68] However, in September 2007, Romania's National Council for Combating Discrimination ruled that this ban was illegal, constituting discrimination on the basis of sexual orientation and creating a "hostile, degrading, humiliating and offensive atmosphere for homosexuals." The Council, which is Romania's equality watchdog, ordered the Ministry of Health to remove the ban on MSMs donating blood. In January 2008, in order to comply with the Council's ruling, the Ministry of Health released a new law which removes the ban on men who have had sex with men from donating blood. Nevertheless, the law has not yet been implemented. Moreover, on 29 April 2015, the European Court of Justice in Luxembourg City proposed to exclude gay people from the list of blood donors, without the decision to be considered discrimination based on sexual orientation.[69]

Anti-LGBT incidents

2007 Cronica Cârcotașilor incident

On 28 March 2007, the National Audiovisual Council gave a 10,000-lei (€3000) fine to Prima TV's primetime satire-comedy show, Cronica Cârcotașilor, for making homophobic comments.[70] In two episodes, the show's presenters had allegedly made fun of Mircea Solcanu, an Acasă TV presenter who had come out as a gay man. The president of the National Audiovisual Council, Ralu Filip, justified the fine by stating that, "I felt it was unacceptable the way in which they made fun of a sexual orientation in this way, especially since it was about a colleague." This represents the first time an audiovisual programme has been fined for homophobia in Romania, based on Article 46 of the Audiovisual Law, which prevents programmes from containing any discrimination on the basis of race, ethnicity, gender and sexual orientation.[71] The incident sparked off a public debate regarding homophobia and representations of LGBT people in the mass media. Attila Gasparik, the vice-president of the National Audiovisual Council, stated that Cronica Cârcotașilor, as well as other high-profile TV shows, will continue being held under "strict observation... because they have a very high impact, reason for which we have to be very rigorous in our monitoring."[72]

2012 incidents

On 7 November seven young people were assaulted in Bucharest at the National School of Political Science and Public Administration after attending an academic debate about the history of homosexuality in Romania.[1]

2013 incidents

On 11 February 2013, during the LGBT History Month, students at the George Coșbuc Bilingual High School were taught about LGBT issues and why they matter during an extracurricular seminar, they were told about gay pride demonstrations, and encouraged to participate in the school's activities during LGBT History Month.[73] A number of parents, right left NGOs, and a judge have publicly protested against this initiative, and have written to the government and to the parliament and asked for these activities to cease immediately. The open letter contained complaints mostly based on religious grounds. An official inquiry into this initiative was opened.

On the evening of 20 February around 50 protesters stopped a screening of the film The Kids Are All Right at the Museum of the Romanian Peasant in Bucharest, shouting homophobic slogans and verbally attacking the theatre-goers.[74][75] The screening took place as part of the LGBT History Month at the museum. The anti-gay group verbally assaulted film-goers calling them "beasts", "scum" and chanting "Death to the homosexuals", "We don't want you here", and "You are not Romanians." Besides the assault, militants also filmed and photographed attendants. The militants then proceeded to sing the Romanian national anthem and Christian Orthodox chants, and used religious symbols (icons) as well as fascist ones (the Nazi salutes).[76] In 2021, the European Court of Human Rights ruled that Romania violated Article 8 and Article 11 of the European Convention on Human Rights for failing to protect the freedom of association of the filmgoers by conducting an effective investigation into the disturbances. The court also found that Romanian authorities "discriminated against the applicants on the grounds of their sexual orientation".[77][78]

In another well-publicised case, CNA gave a 10,000-lei fine to Antena 1 and received a reprimand from FremantleMedia, British TV company that holds the license of X Factor worldwide, after Cheloo, judge of the Romanian edition of the show, made discriminatory statements on an openly gay Italian contestant.[79]

Social attitudes

Support for same-sex marriage (2023 poll)[80]

  Against (59%)
  For / Indifferent (41%)

Although the last anti-gay law, Article 200, was repealed in 2001, societal attitudes towards gay and lesbian citizens are still quite discriminatory,[81] particularly in rural areas. Many Romanians still think of the gay community as "sick" and although a number of associations support the rights of "sexual minorities" important Romanian institutions remain critical.[82] Homosexuals are regarded as strange, and the Romanian Orthodox Church has publicly stated its lack of tolerance on the subject.[82] GayFest pride marches in Bucharest have been met with significant and sometimes violent opposition from far-right groups (particularly Noua Dreaptă),[83] even though police protected pride marchers from harm. Furthermore, Noua Dreaptă has organised "Marches for Normality" on the same day as the GayFest pride parade, with slogans against gay rights and the recognition of same-sex relationships.[84]

Apart from Noua Dreaptă, there are a number of parties (including the Greater Romania Party, the Conservative Party and former Democratic Liberal Party) which have protested against gay festivals in Bucharest and Cluj-Napoca.[85]

In September 2006, the British Council conducted a survey in various Romanian cities which, among other things, sought to ascertain the beliefs of Romanian young people (aged between 15 and 25) regarding LGBT rights. Of those surveyed, 39.1% believed that LGBT rights should be extended, 35.9% believed that the LGBT rights situation is satisfactory in Romania, while 15.6% of people stated that LGBT people have too many rights. 9.4% were undecided. Additionally, 71.9% of the young people surveyed stated that LGBT rights should be protected, indicating relatively high levels of acceptance among this demographic.[86] A more recent research conducted by ACCEPT shows that 61% of students who have a different sexual orientation and recognise this have been physically or verbally bullied by their peers.[87]

A Eurobarometer survey on discrimination in the European Union, conducted in late 2006, revealed that attitudes towards discrimination on the basis of sexual orientation were similar with those of other EU countries. 47% of Romanians believed that discrimination on the basis of sexual orientation was "widespread", slightly less than the EU average of 50%. Additionally, 55% of Romanians were in favor of specific measures to provide equal opportunity in employment despite sexual orientation, notably lower than the EU average figure of 66%. 67% of Romanians would agree to anonymously reveal their sexual orientation in the census, "if that could help combat discrimination in Romania," while only 16% would be totally opposed (lower than the EU average of 28%). 58% of Romanians believe that homosexuality was still a taboo in Romania, higher than the EU average of 48%, but lower than for countries such as Italy, Greece, Ireland, Austria and Sweden.[88]

Other opinion polls have shown Romanians to be more intolerant with regard to homosexuality, including a 2003 poll conducted by Gallup for the Institute for Public Policies. In the poll, 45% of respondents said homosexuals should not be treated the same as others in society; 37% thought homosexuality should be criminalised; and 40% thought homosexuals should not be allowed to live in Romania.[89] The Soros Foundation also conducted in June 2011 a survey where 80% of the respondents feel that there is no justification for the acceptance of homosexuality even though it has not been illegal since 2001.[90]

Further surveys show that LGBT persons form a stigmatised minority group similar to other vulnerable groups such as Roma or persons living with HIV.[91] Anti-gay prejudice and stereotypes are widespread in Romania, and it appears that expressions of homophobia remain legitimate and respectable – beyond what would be acceptable for any other minority group.[92] However, the number of Romanians saying that they would not want a homosexual neighbour has decreased from 86% in 2001 to 61% in 2007.[91] Homosexuality remains a social and political issue. Arguments describing homosexuality as a "vice" or a "sin against nature" are common.[92]

On 3 April 2012,[93] the National Council for Combating Discrimination has released its report "Perceptions and Attitudes Regarding Discrimination in Romania" with the following conclusions:[94]

  • 17% of the respondents believe sexual minorities are badly discriminated against;
  • 18% of the respondents feel that homosexuals are discriminated against very little;
  • 30% responded that they would feel slightly comfortable;
  • 31% responded that they would not feel comfortable at all around a homosexual person;
  • 40% would be equally disturbed if their children would learn from a gay teacher;
  • 48% stated that they would be very disturbed if they found out that a family member was gay;
  • 54% stated they would never have a meal with a homosexual;
  • 63% have stated that they would be very much bothered if a same-sex person would try to make advances toward them.

On 7 November 2012, the Romanian Institute for Evaluation and Strategy released a three part study. In part II, the study notes the following level of tolerance toward homosexual persons:[95]

  • 79.7% of those questioned would not want a homosexual neighbor;
  • 53% preferred that homosexuality be outlawed (compared to 62% in 2006).

The 2023 Eurobarometer found that 25% of Romanians people thought same-sex marriage should be allowed throughout Europe, and 27% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[96]

Openness about being LGBTI

In a poll of approximately 3,200 people in Romania in 2019, 53% of LGBTI people reported that they were "(Almost) never open" about being LGBTI. 23% stated they were "rarely open", 18% stated they were "fairly open", and 7% stated they were "very open".[97]

Violence against LGBT people

A 2013 survey by the European Union's Fundamental Rights Agency shows that Romania ranks third, after Croatia and Bulgaria, among the countries with the highest levels of homophobic behavior.[98] 21% of members of sexual minorities in Romania say they were attacked or threatened with violence in the past five years.[98] The abuses occur not only on the street but also in schools.[99] The authors of the discrimination and violence acts come from all walks of life – neighbors, acquaintances, those responsible with enforcing the law, co-workers, teachers and classmates.[100]

Following a survey done by ACCEPT association, the information about LGBT people show that:[101]

  • 68.2% of respondents had suffered various acts of discrimination or exclusion because of their sexual orientation or identity;
  • >50% were insulted;
  • 30% were threatened with physical violence;
  • 25% were deliberately excluded or avoided;
  • 25% suffered of sexual harassment;
  • the proportion of women who were sexually harassed is bigger than the proportion of men, while police harassment occurs in a higher proportion for gay men;
  • the streets represent the place where most of the acts of discrimination happened (49.5%), followed by gay venues (27.9%).[101]

Living conditions

Rainbow flag displayed at the 2006 edition of GayFest, today known as Bucharest Pride
National Opera in Timișoara, lit up with the Pride rainbow flag. (2023)

Open homosexuality is still uncommon outside of major urban centers, and rural gay and lesbian Romanians typically remain closeted. The largest and most visible LGBT communities exist in Bucharest and in Cluj-Napoca, which have some gay clubs and cultural events.

As of 2024, annual pride parades occur in four cities: Bucharest, Cluj-Napoca, Iași and Timișoara:

  • Bucharest Pride has been held in Bucharest annually since 2005. The 18th edition of Bucharest Pride attracted a record 25,000 participants[102] and it is organised by ACCEPT, the largest organisation in Romania advocating for LGBT rights.[103]
  • Cluj Pride has been held since 2017 and involves a pride parade through the city centre, as well as a week-long calendar of social and cultural events.[104] There are also several other LGBT events held in Cluj-Napoca by Be An Angel, another LGBT rights organisation. These include the annual Gay Film Nights, an international LGBT film festival, the Gay Prize Gala, which recognises those who have contributed to LGBT culture and rights, and Miss Travesty Romania, a transvestite beauty pageant.
  • Iași Pride has been held since 2021 and is organised by Rise OUT.[105] The most recent Iași Pride took place in June 2024 and attracted 2,000 participants.[106]
  • Timișoara's Pride TM was first held in 2022, organised by Identity.Education. The inaugural parade attracted hundreds of participants.[107]

LGBT community pride events (such as film screenings, concerts, art exhibitions and community building events) are also held annually in Brașov,[108] Sibiu[109] and Oradea,[110] although these cities have not yet hosted a pride parade.

Romania has a vibrant online LGBT media and blogosphere.[111] Key online newsletters include Angelicuss and GayOne. In October 2008, Be An Angel launched Romania's first LGBT television channel, Angelicuss TV, which only broadcasts online.[112] At the same time, most traditional LGBT media has ceased operating; there are currently no print magazines or newspapers.

In the late 2010s and early 2020s, there has been a spread of LGBT community organisations and events outside Bucharest to other regional centres. However, despite greater access to the active community within Bucharest through social media, a huge gap still exists in unifying regional activists with those in the capital.[113]

Anti-LGBT movements

In 2015, an alliance was formed between over 30 Romanian NGOs under the name of Coalition for Family. The coalition's main activity consisted in promoting and collecting signatures for a citizen's initiative aiming to revise the Constitution and prevent interpretations that would permit gay marriage.[114] By May 2016 the coalition had gathered over 3 million signatures.[115] The proposal is actively supported by the Romanian Orthodox Church.[116] On 20 July 2016, the nine judges of the Constitutional Court ruled unanimously that the proposal to change the constitution's definition of marriage was valid.[117][118] In October 2018, the referendum to define marriage as exclusively heterosexual failed.[119] The referendum was invalid and failed due to low voter turnout; it did not reach the threshold needed.[120]

Summary table

Same-sex sexual activity legal Yes (Since 1996)
Equal age of consent (16) Yes (Since 2020)
Anti-discrimination laws in employment only Yes (Since 2000; sexual orientation only)
Anti-discrimination laws in the provision of goods and services Yes (Since 2000)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2006)
Same-sex marriages No
Recognition of same-sex couples No
Adoption by single LGBT individuals Yes[when?]
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gay, lesbian and bisexual people allowed to serve openly in the military Yes[when?]
Right to change legal gender Yes (Since 1996, requires surgery)
Access to IVF for lesbians Yes (Since 2005)
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes[when?]

See also

References

  1. ^ a b Dan Littauer (9 November 2012). "Romania anti-gay assault on seven people". Gay Star News. Archived from the original on 14 November 2012. Retrieved 1 August 2016.
  2. ^ Flavia Drăgan (12 December 2012). ""Hate crimes" în România. A fost lansat primul site de monitorizare a infracțiunilor împotriva grupurilor vulnerabile". România Liberă (in Romanian).
  3. ^ "'Hall of Shame' Shows Reach of Homophobia". Human Rights Watch. 17 May 2006.
  4. ^ a b "Romanian rights groups condemn ban on gender identity studies". Reuters. 17 June 2020. Retrieved 7 September 2022.
  5. ^ a b "Romanian top court overturns ban on gender identity studies". Reuters. 16 December 2020. Retrieved 7 September 2022.
  6. ^ a b c "Romania must reject Hungary-style anti-LGBT bill, rights groups say". Reuters. 29 April 2022. Retrieved 7 September 2022.
  7. ^ a b c Radu, Alexandra (12 July 2022). "Photos: Thousands march in Romania as law censoring LGBTQ looms". Al Jazeera. Retrieved 7 September 2022.
  8. ^ "Country Ranking". Rainbow Europe. May 2022. Retrieved 29 May 2021.
  9. ^ Michael David Sibalis (November 1996). "The Regulation of Male Homosexuality in Revolutionary and Napoleonic France, 1789–1815". Homosexuality in Modern France. Oxford University Press. pp. 80–96. doi:10.1093/acprof:oso/9780195093032.003.0005. ISBN 978-0-19-509303-2.
  10. ^ a b c d e f "Legislația românească privind homosexualitatea". suntgay.ro (in Romanian).
  11. ^ a b c d "Legislație românească discriminatorie pentru LGBT – Istoric". ACCEPT (in Romanian).
  12. ^ Andrei Oișteanu (7 June 2016). Sexualitate și societate. Istorie, religie și literatură (in Romanian). Polirom. ISBN 9789734661466.[permanent dead link]
  13. ^ (in Romanian) CODUL PENAL din 21 iunie 1968 (**republicat**) (*actualizat*) Archived 29 October 2018 at the Wayback Machine (updated until 28 March 2008)
  14. ^ Mihnea Ion Năstase (2004). "Gay and Lesbian Rights". Romania since 1989: Politics, Economics, and Society. Lexington Books. pp. 315–316. ISBN 978-0-7391-0592-4.
  15. ^ "Scandaluri publice. Orientarea sexuală și legea penală în Romania" (PDF). Report by Human Rights Watch and International Gay and Lesbian Human Rights Commission (in Romanian). ACCEPT. October 1988.
  16. ^ Kripa John (31 August 2015). "Communism and Its Effect on Gay Rights in Romania". Washington State University. Archived from the original on 21 October 2016. Retrieved 1 August 2016.
  17. ^ Aart Hendriks; Rob Tielman; Evert van der Veen (1993). The Third Pink Book: A Global View of Lesbian and Gay Liberation and Oppression. Buffalo, NY: Prometheus Books. p. 208. ISBN 978-0-87975-831-8.
  18. ^ Andreea Sinziana Carstocea (25–30 April 2006). ""Homosexuality: an abhorrent Western import"? Seizing a new interest" (PDF). Homosexuality: a measure for democratization. Negotiation and mediation for defending a new born interest in Romania. Nicosia. p. 9. {{cite book}}: |work= ignored (help)CS1 maint: location missing publisher (link)
  19. ^ a b Viviana Andreescu (2011). "From Legal Tolerance to Social Acceptance: Predictors of Heterosexism in Romania" (PDF). Revista Română de Sociologie. XXII (3–4). Bucharest: 209–231.
  20. ^ Vlad Levente Viski. "Decriminalization of Homosexuality in Romania. Repealing Article 200 from the Penal Code".
  21. ^ Dagmar Herzog (18 August 2011). Sexuality in Europe: A Twentieth-Century History. Cambridge University Press. p. 184. ISBN 978-1-139-50073-9.
  22. ^ Ghirda, Vadim; Gera, Vanessa (22 August 2021). "Romania's LGBT community sees gains, ongoing rights struggle". ABC News. Associated Press. Retrieved 7 September 2022.
  23. ^ (in Romanian) Ordonanța de urgență nr. 89/2001 pentru modificarea și completarea unor dispoziții din Codul penal referitoare la infracțiuni privind viața sexuală Archived 20 December 2018 at the Wayback Machine, text published in the Official Gazette of Romania
  24. ^ Voichița Năchescu (22 May 2014). "Hierarchies of Difference: National Identity, Gay and Lesbian Rights, and the Church in Postcommunist Romania". Sexuality and Gender in Postcommunist Eastern Europe and Russia. Routledge. p. 58. ISBN 978-1-317-95559-7.
  25. ^ Daniel Ottosson (2006). "LGBT world legal wrap up survey" (PDF). ILGA.
  26. ^ "Propunere pentru interzicerea manifestărilor homosexualilor respinsă de Senat". Adevărul (in Romanian). 11 February 2008. Archived from the original on 13 April 2008.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  27. ^ Elena Enache (11 February 2008). "Senatul lasă homosexualii să facă manifestații". Ziare.com (in Romanian).
  28. ^ Silvana Mîndruță (17 January 2023). "România a fost obligată să recunoască legal cuplurile LGBTQ+". Instagram (in Romanian).
  29. ^ "Art. 48 – Familia". Constituția României (in Romanian).
  30. ^ "Art. 259 – Căsătoria". Noul Cod Civil actualizat 2016 – Legea 287/2009 (in Romanian).
  31. ^ "Romania needs debate on gay marriage". eurotopics. 17 April 2013. Archived from the original on 30 April 2018. Retrieved 1 August 2016.
  32. ^ "DEZBATERE Legalizarea parteneriatelor civile între homosexuali. Parlamentarii oscilează între "nu" și "nu prea"". Adevărul (in Romanian). 18 April 2013.
  33. ^ a b "Pl nr. L597/2013". Camera Deputaților (in Romanian).
  34. ^ a b c Marian Chiriac (7 June 2013). "Romania's New Constitution Bans Gay Marriage". Balkan Insight.
  35. ^ a b "Pl nr. L52/2015". Camera Deputaților (in Romanian).
  36. ^ "Romania to Consult With European Court Over Same-Sex Marriage Case". NBC News. 29 November 2016.
  37. ^ N. O. (26 March 2018). "Tăriceanu: Suntem obligați să organizăm un referendum pe tema redefinirii familiei. România nu va deveni mai puțin liberală". HotNews (in Romanian).
  38. ^ "Dragnea anunță urgentarea referendumului pentru familie și dezbatere pentru parteneriatul civil/ Asociația ACCEPT îi răspunde liderului PSD". Mediafax (in Romanian). 26 March 2018.
  39. ^ "Referendumul pentru familie, probabil în mai, în paralel cu legiferarea parteneriatului civil". Digi24 (in Romanian). 26 March 2018.
  40. ^ Clarice Dinu (29 March 2018). "O nouă inițiativă pentru legalizarea parteneriatelor civile: uniune consensuală pentru persoanele de același sex, dar și pentru heterosexuali. Cuplurile gay NU vor putea adopta copii. PROIECT CNCD". Gândul (in Romanian).
  41. ^ Reuters Editorial. "Romania must give residency rights to same-sex spouses, court rules". U.S. Retrieved 10 October 2018. {{cite news}}: |author= has generic name (help)
  42. ^ "Romania's highest court rules same-sex couples should have same rights as straight partners - Outrage Magazine". outragemag.com. 30 September 2018. Retrieved 10 October 2018.
  43. ^ "CCR: Relatia unui cuplu format din persoane de acelasi sex intra in sfera notiunii de "viata de familie", asemenea unui cuplu heterosexual". Ziare.com (in Romanian). Retrieved 10 October 2018.
  44. ^ Necșuțu, Mădălin (23 May 2023). "Romania Discriminates Against Same-Sex Couples: Strasbourg Court". Balkan Insight. Retrieved 18 June 2023.
  45. ^ "CASE OF BUHUCEANU AND OTHERS v. ROMANIA". European Court of Human Rights. 23 May 2023. Retrieved 18 June 2023.
  46. ^ Costiță, George (24 November 2023). "Premierul Ciolacu: România nu este pregătită să susțină drepturile cuplurilor de același sex". Europa Liberă România.
  47. ^ "Ciucă, despre decizia CEDO referitoare la parteneriatul civil între persoane de acelaşi sex: PNL va susţine în continuare familia, familia tradiţională, credinţa în Dumnezeu şi patriotismul". 11 December 2023.
  48. ^ Cristi Danileț (12 January 2016). "Despre căsătoria și adopția pentru homosexuali" (in Romanian).
  49. ^ "Case of E.B. v. France (Application no. 43546/02)" (PDF). European Court of Human Rights. ILGA-Europe. 22 January 2008. Archived from the original (PDF) on 21 October 2016. Retrieved 1 August 2016.
  50. ^ "In X and Others v. Austria, ECtHR Finds Discriminatory Restriction on Same-Sex Couple Adoption Violates Convention". International Justice Resource Center. 20 February 2013.
  51. ^ "Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States: Part I – Legal Analysis" (PDF). European Union Agency for Fundamental Rights. 2009. p. 119.
  52. ^ "Persoane trans în România: Recunoașterea juridică a identității de gen". Centrul Euroregional pentru Inițiative Publice (in Romanian).
  53. ^ a b c "Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity". 2015 Human Rights Report. U.S. Department of State. 13 April 2016. Archived from the original on 22 December 2016. Retrieved 1 August 2016. {{cite book}}: |work= ignored (help)
  54. ^ (in Romanian) Legea 119/1996 cu privire la actele de stare civilă, republished in the Official Gazette, Part I no. 339 of 18 May 2012
  55. ^ (in Romanian) Ordonanța nr. 41/2003 privind dobândirea și schimbarea pe cale administrativă a numelor persoanelor fizice Archived 12 September 2018 at the Wayback Machine, text published in the Official Gazette of Romania
  56. ^ Romania: The Status of Lesbian, Gay, Bisexual and Transgender Rights Archived 21 October 2016 at the Wayback Machine. Report submitted on 8 February 2008 by ACCEPT, IGLHRC, and ILGA-Europe to the United Nations Human Rights Council for its Universal Periodic Review of Romania.
  57. ^ a b "The social situation concerning homophobia and discrimination on grounds of sexual orientation in Romania" (PDF). European Union Agency for Fundamental Rights. March 2009.
  58. ^ Tidey, Alice (17 June 2020). "Romania gender studies ban: Students slam new law as going 'back to the Middle Ages'". euronews. Retrieved 7 September 2022.
  59. ^ "Dilema Armatei române: cu sau fără homosexuali". Evenimentul Zilei (in Romanian). 26 November 2006.
  60. ^ ""Armata, una dintre "cele mai masculine" instituții sociale"". Evenimentul Zilei (in Romanian). 26 November 2006.
  61. ^ Florin Maciu, Anca-Daria Barb (2006). "Discriminare în armată". Lex (in Romanian) (1).
  62. ^ "Overview of Lesbian and Gay rights in Eastern Europe 2008" (PDF). Amnesty International. 17 May 2008.
  63. ^ Sheila Quinn (2006). "Accessing Health: the Context and the Challenges for LGBT People in Central and Eastern Europe". ILGA-Europe. Archived from the original on 21 October 2016. Retrieved 21 February 2020.
  64. ^ "Valentine's deal 'left out gay people'". The Guardian. 1 March 2005.
  65. ^ Irina Popescu (7 June 2013). "Amnesty worried that Romanian Constitution changes on definition of family might cause discrimination". Romania-Insider.com. Archived from the original on 9 January 2016. Retrieved 17 November 2013.
  66. ^ "Sexual orientation should remain a protected ground in the Romanian Constitution!". ACCEPT. 13 June 2013.
  67. ^ "Donarea de sânge, interzisă homosexualilor și tatuaților "neautorizați"". TIMPOLIS (in Romanian). Archived from the original on 16 August 2016. Retrieved 1 August 2016.
  68. ^ "Curtea Europeană de Justiţie: Sângele donat de homosexuali ar putea fi interzis". EurActiv (in Romanian). 30 April 2015.
  69. ^ "Postul Prima TV, amendat cu 10.000 de lei pentru emisiunea Cronica Cârcotașilor". Gândul (in Romanian). 27 March 2007.
  70. ^ "Comunicat de presă: Prima TV amendă de 10.000 de lei; Acasă TV, TV Sport, Prima TV – somații publice". Consiliul Național al Audiovizualului (in Romanian). 27 March 2007. Archived from the original on 21 October 2016. Retrieved 1 August 2016.
  71. ^ "Cui îi este teamă de homosexuali?". Cotidianul (in Romanian). 13 April 2007.
  72. ^ Flavia Drăgan (8 February 2013). "SCANDALUL PARADEI GAY. Foștii elevi de la Coșbuc, CONSTERNAȚI că liceul este anchetat pentru PROMOVAREA TOLERANȚEI". România Liberă (in Romanian). Archived from the original on 21 October 2016. Retrieved 1 August 2016.
  73. ^ Alina Dan (21 February 2013). "ActiveWatch despre incidentul de la Muzeul Țăranului Român: Statul este un partener neonazist al acestor grupări". Mediafax (in Romanian).
  74. ^ Flavia Drăgan (21 February 2013). "Scandalul de la Muzeul Țăranului Român continuă. Organizațiile creștine cer demiterea directorului MȚR. Nițulescu condamnă reacțiile HOMOFOBE ale protestatarilor ortodocși". România Liberă (in Romanian). Archived from the original on 4 October 2017. Retrieved 1 August 2016.
  75. ^ Mihaela Stoica (21 February 2013). "VIDEO. Scandal la Muzeul Țăranului Român. Proiecția unui film premiat cu două Globuri de aur, întreruptă de un grup de homofobi care a intonat cântece religioase". Gândul (in Romanian).
  76. ^ Barberá, Marcel Gascón (1 June 2021). "Romania Told to Compensate LGBT Group for Homophobic Attack". Balkan Insight. Retrieved 1 June 2021.
  77. ^ "ECHR rules against Romania over LGBT complaint". www.euractiv.com. 2 June 2021. Retrieved 2 June 2021.
  78. ^ Alina Costache (12 December 2013). "X FACTOR: Lovitură! Cheloo riscă să fie exclus din juriul X Factor". România TV (in Romanian).
  79. ^ MozaiQ (12 June 2023). "Barometru de Opinie". MozaiQ. Retrieved 29 June 2024.
  80. ^ Liam Hoare (10 December 2014). "What's It Like to Be Gay in Romania?". Slate.
  81. ^ a b Lucian Ursuletu, Eugene Tifin. "The Primitive Discrimination". Boston University. Archived from the original on 27 November 2017. Retrieved 2 August 2016.
  82. ^ "Clashes mark Romanian gay pride". BBC News. 4 June 2006.
  83. ^ Letiția Provian, Monica Stoica (25 June 2016). "REPORTAJ. Marșul Normalității: Manifestanții, pro-valori familie tradițională și anti-propagandă gay – GALERIE FOTO, VIDEO". Mediafax (in Romanian).
  84. ^ "PDL le-a pus gând rău lesbienelor la Cluj". Cotidianul (in Romanian). 9 February 2009.
  85. ^ "O perspectivă asupra valorilor tinerilor români" (PDF). British Council (in Romanian).
  86. ^ "Coșmarul pe care îl trăiesc în școli elevii care admit că sunt gay. "Mă huiduiau, mă scuipau. Nu puteam nici ieși din clasă"". Știrile Pro TV (in Romanian). 1 March 2016.
  87. ^ "Discrimination in the European Union" (PDF). European Commission.
  88. ^ Adela Moraru (2010). "Social perception of homosexuality in Romania". Procedia - Social and Behavioral Sciences. 2 (2): 5726–5730. doi:10.1016/j.sbspro.2010.03.935.
  89. ^ "Românii sunt printre cei mai conservatori cetățeni din Uniunea Europeană". Fundația pentru o Societate Deschisă (in Romanian). 5 October 2011. Archived from the original on 21 October 2016. Retrieved 1 August 2016.
  90. ^ a b Open Society Foundation Romania, Public Opinion Barometer, quoted in ILGA-Europe, Equality for Lesbians and Gay Men, a Relevant Issue in the EU Accession Process, Brussels, November 2001; Open Society Foundation Romania, Public Opinion Barometer, Bucharest, October 2007.
  91. ^ a b Florin Buhuceanu (2008). The situation concerning homophobia and discrimination on grounds of sexual orientation in Romania. Sociological Country Report.
  92. ^ Flavia Drăgan (3 April 2012). "Jumătate dintre români nu ar lua niciodată masa cu un homosexual, dar o treime cred că suntem un popor tolerant". România Liberă (in Romanian).
  93. ^ "Percepții și atitudini privind discriminarea în România" (PDF). Consiliul Național pentru Combaterea Discriminării (in Romanian). Archived from the original (PDF) on 2 November 2013. Retrieved 6 June 2012.
  94. ^ "PARTEA a 2-a – Inactivism, lustrație, intoleranță și patriotism" (PDF). IRESCOP (in Romanian).
  95. ^ "Discrimination in the EU_sp535_volumeA.xlsx [QB15_2] and [QB15_3]" (xls). data.europa.eu. 22 December 2023. Retrieved 29 December 2023.
  96. ^ "Level of openness about being LGBTI in Romania in 2019". statista.com. Statista. May 2020. Retrieved 7 September 2022.
  97. ^ a b "EU LGBT survey: Poll on homophobia sparks concern". BBC News. 17 May 2013.
  98. ^ "FRA's EU LGBT survey" (PDF). European Union Agency for Fundamental Rights.
  99. ^ "Sexual Orientation Discrimination in Romania: A Survey of Violence, Harassment and Discrimination Against Romania's Lesbian, Gay, Bisexual and Transgender Community" (PDF). May 2001.[permanent dead link]
  100. ^ a b Constantin Dedu; Aida Ivan; et al. (2010). "Part 1 – Diversity and Equal Opportunity" (PDF). Respecting Diversity (Toolkit for Youth Practitioners in the field of Diversity). British Council. pp. 19–20.
  101. ^ Benea, Ionuț (29 July 2023). "Organizatorii Bucharest Pride estimează că 25.000 de persoane au participat la parada comunității LGBTQIA+". Europa Liberă România.
  102. ^ "Thousands march in Romanian capital's pride parade". 22 June 2019 – via www.reuters.com.
  103. ^ "Asociația PRIDE România". www.facebook.com. Retrieved 6 June 2022.
  104. ^ "Iaşi Pride – Rise OUT". Retrieved 6 June 2022.
  105. ^ "Mii de ieșeni la Marșul Pride de la Iași. A participat și un europarlamentar". Ziarul de Iași. 22 June 2024.
  106. ^ "VIDEO Marş Pride dedicat comunităţii LGBTQ+ la Timişoara/ Participanţii au scandat "Iubire, iubire, iubire"". G4Media.ro (in Romanian). 2 July 2022. Retrieved 6 July 2022.
  107. ^ "Hlgbtq United". www.facebook.com. Retrieved 6 June 2022.
  108. ^ "Sibiu Pride". www.facebook.com. Retrieved 6 June 2022.
  109. ^ Bușu, Camelia (8 August 2023). "A început Pride Week la Oradea: „Nu vrem să fim toleraţi, ne dorim să fim trataţi egal"". BIHON.
  110. ^ Shannon Woodcock (2011). A short history of the queer time of "post-socialist" Romania, or, Are we there yet? Let's ask Madonna!. Ashgate. p. 9. {{cite book}}: |work= ignored (help)
  111. ^ Jamie Skey (27 August 2008). "Gay online TV channel to launch in Romania". PinkNews.
  112. ^ Vlad Viski (5 February 2016). "This is what the LGBTI community are facing in Romania". Gay Star News. Archived from the original on 15 April 2019. Retrieved 1 August 2016.
  113. ^ "Protecting the future and the sanctity of the Family Institution in Romania". Coaliția pentru Familie. 10 December 2015. Archived from the original on 31 May 2016. Retrieved 21 June 2016.
  114. ^ Cristina Bucureasa (25 May 2016). "Three Million Romanians Back Anti-Gay Marriage Campaign". Balkan Insight.
  115. ^ "Romania" (PDF). Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe. Brussels: ILGA-Europe. 2016. p. 136. ISBN 978-92-95066-11-3.
  116. ^ Luiza Ilie (20 July 2016). "Romania moves closer to ruling out possibility of legalizing same-sex marriage". Reuters.
  117. ^ "Court rules Romania can change constitution to ban marriage equality". LGBTQ Nation. 20 July 2016.
  118. ^ "Romania gay marriage ban vote flops". BBC News. 8 October 2018. Retrieved 10 October 2018.
  119. ^ Milena Veselinovic; Laura Smith-Spark. "Romania vote to ban same-sex marriage fails on low turnout". CNN. Retrieved 10 October 2018.

Further reading