Turkey draft bill could write 'biological sex' into law and criminalise 'promotion' of LGBTQ

A draft law in Turkey could enshrine "biological sex" into law and criminalize the "promotion" of LGBTQ rights. According to a Justice Ministry draft document obtained by LGBTQ rights organization Kaos GL, the new law would also impose prison sentences on those who conduct same-sex marriage ceremonies. This move signals a concerning shift towards further restrictions on LGBTQ individuals and their allies.

The Turkish Penal Code would be amended to state that "those who publicly encourage, praise, or propagate ideas and behaviors contrary to the biological sex at birth and public morality will be sentenced to one to three years in prison." The document also reveals that "if same-sex individuals hold engagement or marriage ceremonies, they will be sentenced to one year and six months to four years in prison." Kaos GL acquired the document from sources within the Justice Ministry, highlighting the organization's commitment to transparency and advocacy.

Other aspects of the bill include raising the age to begin gender reassignment procedures from 18 to 21 and increasing the difficulty of changing one's gender in official documents. While this remains a draft document that has not yet been submitted to parliament, it follows Turkish President Erdogan's announcement that 2025 will be the "Year of the Family" and that there would be a crackdown on "harmful trends and improper ideologies." This declaration suggests a broader agenda to reinforce traditional family values and suppress dissenting viewpoints.

These proposals have alarmed LGBTQ rights activists, who see it as yet another attack on their community by the government and its allies. "This bill is not about protecting the family, but about criminalizing existence itself," said Damla Umut Uzun, an activist at Kaos GL. The proposed legislation is perceived as a direct assault on the rights and freedoms of LGBTQ individuals in Turkey.

Uzun told Middle East Eye that if the law passes, it could end nearly 40 years of organized LGBTQ activism in Turkey, including "18 years of legal status for LGBTI+ associations." "Activists could be arrested, organizations could be shut down, and the feminist movement would be directly affected," she said. "This proposal aims to undermine social peace and suppress any relationship or identity that does not conform to the government's narrow definition of family," she added, emphasizing the potential for widespread repercussions.

While support for LGBTQ rights is far from universal in Turkey, there have been some prominent gay and transgender celebrities over the years, and in recent years, the issue has gained increasing attention among left-wing and liberal politicians. Erdogan himself dined and posed for photos with transgender singer Bulent Ersoy at an iftar dinner in 2016. However, his government has become increasingly vocal in its opposition to the LGBTQ community in recent times, indicating a shift in political priorities.

Launching the "Year of the Family" initiative last month, Erdogan said LGBTQ rights were being used as a "battering ram" to destroy the family. "Protecting our children and youth from harmful trends and improper ideologies is our common responsibility," he told an audience in Ankara. "Neoliberal cultural currents are crossing borders and penetrating every corner of the world. They are also causing LGBT and other movements gaining ground," he further explained, linking LGBTQ rights to broader societal changes.

Although Istanbul held its first pride parade in 2003, the event was banned in 2015, ostensibly for security reasons. LGBTQ activists and journalists face abuse and harassment, while university groups have been targeted by police. On February 18, Kaos GL's editor-in-chief, Yildiz Tar, was detained by police in a broad operation targeting left-wing and pro-Kurdish journalists and remains in custody. Tar previously told MEE that the country was becoming increasingly unsafe for activist journalists like him. "They are trying to impose an anti-LGBTI agenda on society," he said in 2021. "It is not that there is a huge social group against LGBTI people, but the government, political parties and government-sponsored media have been targeting LGBTI people."