LGBTQ Legal Status
The history of LGBT rights in Portugal is a story of dramatic transformation. For much of the 20th century, under the conservative dictatorship of the Estado Novo, homosexuality was repressed and treated as a psychiatric disorder. However, following the 1974 Revolution, Portugal rapidly evolved into one of the most progressive nations in the world, becoming the eighth country globally to legalize same-sex marriage and one of the few to explicitly protect sexual orientation in its Constitution.
Here is the historical overview of the legalization of homosexuality and gay rights in Portugal.
Phase I: The "Estado Novo" Repression (1933–1974)
While Portugal had briefly decriminalized homosexuality in the mid-19th century (1852), the rise of the authoritarian regime led by António de Oliveira Salazar marked a dark era of state-sponsored persecution.
1886: The Penal Code recriminalizes "acts against nature."
1933–1974: Under the Estado Novo dictatorship, the state aggressively policed morality.
"Mitras" & Internment: While specific prison sentences for sodomy existed, the regime primarily used "security measures" against homosexuals. Gay men were often classified as "vagrants" or "antisocial" and sent to workhouses (mitras) or forced labor camps without trial.
Psychiatric Control: Influenced by Nobel Prize winner Egas Moniz, the regime viewed homosexuality as a curable pathology. Many were sent to psychiatric asylums for "cure" treatments.
1974: The Carnation Revolution overthrows the dictatorship. While political freedom was restored immediately, legal persecution of homosexuals did not end overnight.
Phase II: Decriminalization & Constitutional Protection (1982–2004)
The post-revolutionary period saw the dismantling of the old fascist laws and the building of a modern human rights framework.
1982: Decriminalization. A new Penal Code is approved, removing the ban on homosexual acts between consenting adults.
Note: The age of consent remained unequal for several years before being equalized.
1999: The first "De Facto Union" law is passed, but it excludes same-sex couples.
2001: De Facto Unions (Civil Unions). The law is amended to include same-sex couples. This granted cohabiting partners rights regarding taxes and holidays, but not inheritance or adoption.
2004: Constitutional Amendment.
In a landmark move, Parliament votes to amend Article 13 of the Portuguese Constitution.
It adds "sexual orientation" to the list of grounds on which discrimination is prohibited. Portugal becomes one of the very few countries in the world to have this explicit constitutional protection.
Phase III: The Marriage Breakthrough (2010)
Under the Socialist government of José Sócrates, Portugal moved directly to marriage equality, bypassing the "civil partnership" phase that many other Catholic countries stuck to.
2010 (May 31): Same-Sex Marriage Legalized.
Portugal becomes the 8th country in the world to legalize same-sex marriage.
The "Adoption Gap": In a political compromise to get the law passed, the right to adopt children was explicitly excluded from the marriage bill. Married same-sex couples could be parents, but they could not legally adopt children together.
Phase IV: Full Family Equality & Self-Determination (2016–Present)
The final phase focused on closing the "adoption gap" and revolutionizing transgender rights.
2016 (March): Adoption Rights.
After years of vetoes and debates, the law is changed to allow full joint adoption for same-sex couples.
Simultaneously, access to medically assisted reproduction (IVF) is opened to lesbian couples and single women.
2018: Gender Identity Law (Self-ID).
Portugal passes one of the most advanced trans rights laws in the world.
Self-Determination: Adults (18+) can change their legal gender and name at a registry office without any medical diagnosis or requirement for surgery/sterilization.
Intersex Protection: The law bans unnecessary "normalization" surgeries on intersex infants, ensuring their bodily integrity until they can consent.
2023 (December): Conversion Therapy Ban. Parliament approves a law criminalizing practices intended to alter or suppress a person's sexual orientation or gender identity. The law entered into force in March 2024.
Historical Timeline
1982 : Decriminalization of homosexuality (Penal Code reform).
2001 : Civil Unions (De Facto Unions) recognized.
2004 : Constitution amended to explicitly protect sexual orientation.
2007 : Penal Code reform criminalizes domestic violence in same-sex couples.
2010 : Same-sex Marriage legalized (Adoption excluded).
2016 : Full joint adoption legalized.
2016 : Access to IVF legalized for lesbian couples.
2018 : "Self-ID" Gender Law (Medical diagnosis removed; Intersex surgery banned).
2024 : Conversion therapy banned (Law effective March 1).
Travel Advice
Portugal is very safe and welcoming for LGBTQ travelers. Lisbon has a growing gay scene, particularly in the Príncipe Real neighborhood. The Algarve region is popular with LGBTQ tourists. Lisbon Pride is a major annual event. Public displays of affection are generally accepted. The country has a relaxed, tolerant atmosphere.
Additional Information
Portugal has been ranked as one of the most LGBTQ-friendly countries in Europe. The Algarve region has several gay-friendly beaches and resorts. Lisbon's Príncipe Real is a trendy neighborhood with many LGBTQ-owned businesses. Portugal offers a more affordable alternative to other Western European destinations.
