Romania

The history of LGBT rights in Romania is defined by a sharp U-turn: from being one of the few European countries to actively imprison gay men in the 1990s (under the notorious Article 200) to being forced by European courts to recognize same-sex families in the 2020s, against the will of the government.

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

Phase I: The French Influence & The Fascist Turn (1864–1947)
Like many Latin nations, Romania initially adopted the French Penal Code, which was relatively liberal regarding private conduct.

1864: The first Romanian Penal Code (under Prince Alexandru Ioan Cuza) is adopted. It follows the French model, meaning sodomy is not a crime unless it involves violence or public indecency.

1936: Under the dictatorship of King Carol II, a new Penal Code (Article 431) is enacted. It criminalizes "acts of sexual inversion" only if they cause a "public scandal."

Note: This "public scandal" clause gave police wide discretion to arrest anyone they chose, a tool later perfected by the Communists.

Phase II: The Terror of "Article 200" (1968–1996)
Under the communist regime of Nicolae Ceaușescu, Romania enacted one of the harshest anti-gay laws in the Eastern Bloc, viewing homosexuality as a "bourgeois disease."

1968: The Penal Code is revised, introducing Article 200.

It criminalizes all sexual acts between persons of the same sex, even in private.

Punishment: Up to 5 years in prison.

Unlike in other communist states where enforcement was sporadic, the Romanian Securitate (secret police) actively hunted gay men and women, using Article 200 to torture and blackmail dissidents.

1993: Romania applies to join the Council of Europe. The Council (PACE) demands the repeal of Article 200 as a strict condition for membership.

Phase III: The Long Road to Decriminalization (1996–2001)
Even after the fall of communism in 1989, the Romanian government and Orthodox Church fiercely resisted decriminalization. It took intense international pressure to finally scrap the law.

1996 (Partial Reform): Under pressure, Parliament modifies Article 200.

It legalizes private acts only if they do not cause a "public scandal."

However, it adds a new paragraph punishing the "promotion or proselytizing" of homosexuality (banning gay associations). The law remained a trap.

2000: Anti-Discrimination Law.

In a paradox, while homosexuality was still technically restricted, the government passed Ordinance 137/2000 to satisfy EU negotiators. It banned discrimination based on sexual orientation—one of the first comprehensive laws of its kind in the region.

2001 (June 21): Article 200 Repealed.

The Năstase government finally repeals Article 200 entirely via emergency ordinance.

Decriminalization is complete. The age of consent is equalized at 15 (later raised to 16 for everyone).

Phase IV: The Referendum & The Courts (2009–Present)
Since joining the EU, the battle has shifted to family rights. The government has tried to block recognition, but European courts have systematically struck down their arguments.

2009: The new Civil Code comes into effect.

Article 258 bans same-sex marriage.

Article 259 explicitly refuses to recognize foreign same-sex marriages or partnerships.

2018 (The "Coman" Case): The Court of Justice of the EU (CJEU) rules against Romania.

It declares that the term "spouse" in EU freedom of movement law includes same-sex partners. Romania is forced to grant residency rights to the American husband of a Romanian man (Adrian Coman), though it still refused to call them "married."

2018 (October): The "Family" Referendum.

A coalition supported by the Church pushes for a constitutional amendment to redefine marriage strictly as between a "man and a woman" (to prevent future legalization).

Result: The referendum fails because of low voter turnout (only 21% voted, below the 30% threshold).

2023 (May): The "Buhuceanu" Ruling.

In Buhuceanu and Others v. Romania, the European Court of Human Rights rules that Romania violates human rights by failing to provide any form of legal recognition (like civil unions) for same-sex couples.

The ruling is legally binding, obliging Romania to create a partnership law.

2024–2025: Despite the ECHR ruling, the government has delayed passing a Civil Partnership bill, citing "lack of societal readiness," leaving couples in a legal limbo where they have rights in Strasbourg but not in Bucharest.

Exercise caution in Romania. Bucharest has a small LGBTQ scene but visibility is limited. Public displays of affection should be avoided. Rural areas can be particularly unwelcoming. Stay informed and consider LGBTQ-friendly accommodations.

ACCEPT Romania
Website: www.accept-romania.ro

MozaiQ (LGBTQ resource center)
Website: www.mozaiq.ro