Czech Republic

The history of LGBT rights in the Czech Republic (and formerly Czechoslovakia) is distinct for its early reliance on scientific research rather than political activism to drive decriminalization. While it was a pioneer in the 1960s, it has recently settled into a "pragmatic compromise" regarding marriage—granting almost all rights except the title itself.

Here is the historical overview of the legalization of homosexuality and gay rights in the Czech Republic.

Phase I: Empire & Persecution (1852–1945)
Like its neighbors, the Czech lands were governed by the Austrian Penal Code, which harshly criminalized same-sex acts.

1852: The Austrian Penal Code (Article 129) is enacted, criminalizing "fornication against nature." This law remains in force even after Czechoslovakia gains independence in 1918.

1939–1945 (Nazi Occupation): During the German occupation, persecution intensifies. Czech men accused of homosexuality are deported to concentration camps.

1948: The Communists take power, but the 1852 law initially remains in effect.

Phase II: The "Scientific" Decriminalization (1945–1989)
Czechoslovakia became one of the first countries in the world to decriminalize homosexuality based on scientific sexology rather than human rights arguments.

1950s: A massive police search for homosexuals occurs, but simultaneously, researchers like Kurt Freund begin studying homosexuality. Freund’s research (using plethysmographs) convinces the state commission that homosexuality is not a choice and cannot be "cured."

1962: Decriminalization. Based on this research, the new Penal Code of Czechoslovakia decriminalizes homosexual acts between consenting adults.

Note: This was decades ahead of many Western democracies (e.g., West Germany in 1969, US states in the 2000s).

However, the law remained unequal: the age of consent for gays was 18, while for heterosexuals it was 15.

Prostitution involving same-sex acts remained a crime.

Phase III: The Velvet Revolution & Liberalization (1990–2006)
After the fall of Communism in 1989, the new democratic government moved quickly to remove the remaining discriminatory statutes.

1990: Age of Consent Equalized. The penal code is amended to equalize the age of consent at 15 for everyone, regardless of orientation. Male prostitution is also decriminalized.

1999: The military law is amended to explicitly prohibit discrimination based on sexual orientation, allowing gays and lesbians to serve openly.

2006: Registered Partnerships (Registrované partnerství) are introduced. After several failed attempts and a presidential veto by Václav Klaus (which parliament overrode), the law passes. It grants rights regarding inheritance and hospital visits but lacks adoption rights and joint property rights.

Phase IV: The Battle for Marriage & Adoption (2007–Present)
The modern era has been defined by a push for full marriage equality, resulting in a unique "almost marriage" status as of 2025.

2016: The Constitutional Court strikes down a ban that prevented people in registered partnerships from adopting children as individuals. (Joint adoption remained banned).

2024 (January): Partnership Rights Expanded. After years of debate on a "Marriage for All" bill, Parliament passes a compromise amendment to the Civil Code.

It rejects the title "Marriage" for same-sex couples.

However, it grants "Partners" almost all the same rights as married couples, including joint property, specific tax benefits, and widow’s pensions.

Adoption: It legalizes step-child adoption (adopting a partner's biological child) but maintains the ban on joint adoption (adopting a child from care together).

2024 (May): Transgender Rights Ruling. The Constitutional Court rules that the requirement for transgender people to undergo surgical sterilization to change their legal gender is unconstitutional. The government is ordered to change the law by mid-2025.

2025 (January 1): The new "Partnership" laws enter into full force, creating a status that is practically marriage in every legal sense except for the name and the joint adoption of institutionalized children.

Czech Republic is relatively safe, especially in Prague. The capital has an active gay scene. Prague Pride is a major event. Outside Prague, attitudes can be more conservative.

Prague Pride
Website: www.praguepride.cz

Jsme fér (We Are Fair)
Website: www.jsmefér.cz