LGBTQ Legal Status
The history of LGBT rights in Malta is perhaps the most dramatic in Europe. In less than a decade, the tiny island nation transformed from a socially conservative Catholic stronghold into the number one country in Europe for LGBT rights, topping the ILGA-Europe "Rainbow Map" for several years running.
Here is the historical overview of the legalization of homosexuality and gay rights in Malta.
Phase I: The British Legacy & Catholic Conservatism (1860–1973)
For over a century, Maltese law was a mix of the Code of the Knights of Malta and British colonial law, both of which heavily penalized same-sex acts.
1854: Under British rule, the Penal Code criminalizes "sodomy" with hard labor. The Catholic Church heavily influences social attitudes, and homosexuality is viewed as a grave sin.
1964: Malta gains independence, but the British anti-sodomy laws remain in full force.
1973: Decriminalization. In a bold move for the time, the Labour government led by Dom Mintoff passes a law decriminalizing homosexuality between consenting adults.
Note: This was done relatively early compared to other Commonwealth nations (earlier than Australia or Scotland), though social stigma remained extremely high, and the "public morality" laws were still used to police gay life.
Phase II: The "Silent" Era & EU Accession (1973–2012)
For nearly 40 years after decriminalization, very little legislative progress occurred. The political sphere was dominated by the two major parties avoiding the topic to appease the Church. Change only began when Malta prepared to join the European Union.
2004: EU Accession. Malta joins the EU. As a requirement, it adopts regulations banning discrimination based on sexual orientation in employment.
2012: The Hate Crime laws are expanded to include sexual orientation and gender identity, increasing penalties for violence motivated by bias.
Phase III: The "Rainbow Revolution" (2013–2017)
The election of a socially liberal Labour government in 2013 triggered an explosion of rights. In just four years, Malta passed more progressive legislation than most countries do in decades.
2014 (April): Civil Unions Legalized.
The Civil Unions Act is passed. Crucially, this law granted same-sex couples rights identical to marriage in everything but name.
Adoption: Unlike Italy or Greece, this law included full joint adoption rights from day one.
2014: Constitutional Protection. The Constitution of Malta is amended to explicitly prohibit discrimination based on "sexual orientation" and "gender identity." Malta became the first European country to constitutionalize gender identity protection.
2015 (April): Gender Identity, Gender Expression and Sex Characteristics Act.
This law is widely considered the "Gold Standard" of trans rights globally.
Self-ID: It allows legal gender changes based purely on self-determination (no medical diagnosis or surgery required).
Intersex Ban: It became the first law in the world to strictly ban unnecessary surgery on intersex infants (babies born with ambiguous genitalia) until they are old enough to consent.
2016: Conversion Therapy Ban. Malta becomes the first country in Europe to completely ban "conversion therapy" (practices attempting to change a person's orientation). Professionals who attempt it face fines or jail.
Phase IV: Marriage & Normalization (2017–Present)
The final legal barrier fell in 2017, solidifying Malta's status as a global beacon for equality.
2017 (July): Marriage Equality.
The Parliament votes (66–1) to legalize same-sex marriage.
The law replaces gendered terms like "husband" and "wife" with neutral terms like "spouse" in public records.
2018: "X" Gender Marker. Passports and ID cards are updated to allow for an "X" gender marker for non-binary and intersex citizens.
2022: Blood Donation. The government removes the discriminatory restrictions on blood donation for men who have sex with men (MSM). The new rules apply the same "stability" criteria to all donors regardless of gender or orientation (must have been in a stable relationship for 4 months).
Historical Timeline
1973: Decriminalization of homosexuality.
2004: Discrimination banned in employment (EU accession).
2014: Civil Unions (with full adoption) legalized.
2014: Constitution amended to protect gender identity.
2015: "Gold Standard" Gender Identity Act (Intersex surgery banned).
2016: Conversion Therapy banned (First in Europe).
2017: Same-sex Marriage legalized.
2022: Blood donation rules equalized (Ban on gay men lifted).
