The dominant story of 2020 has obviously been the global COVID-19 pandemic, which has drastically upended global economies and societies, but LGBT rights have made some progress around the world in this hell year, too. In fact, in some cases we’ve actually seen progress caused by the pandemic. But in many countries we’ve simply seen stasis, as legislatures and courts shut down for large parts of the year to contain the spread of the virus, and governments redirected their efforts to emergency relief.

These are the main highlights of 2020:

Same-Sex Marriage law came into effect: Costa Rica, Northern Ireland (UK), Sark (UK)
Same-Sex Marriage law passed: Switzerland (pending possible referendum), Mexican states of Puebla (codification), Tlaxcala
Same-Sex Marriage law introduced by government: Andorra
Civil Union law passed: Montenegro, Cayman Islands (UK)
Civil Union law proposed by government: Kosovo, Thailand
Significant anti-discrimination/hate crime laws passed/extended: Barbados, Marshall Islands, North Macedonia, Switzerland, United States; Italy (awaits Senate passage)
Sodomy Decriminalized: Angola (signed; comes into effect in 2021), Bhutan (awaits royal assent), Gabon

I usually present a table here of the populations of all the equal marriage countries, but since the newly legalizing countries add less than 1% to the total, suffice it to say that the 29 countries where same-sex marriage is currently legal are home to around 1.27 billion people.

But there were also significant developments around the world, which I’ll cover in this article, broken down by continent.

THE AMERICAS

Canada: Much of the legislative agenda in Canada simply ground to a halt during the pandemic as Parliament and provincial legislatures were shut down or only holding emergency debates through much of the year. Nevertheless, the government’s main priority for LGBT people – a ban on “conversion therapy” – made a little progress this year.

“Conversion therapy” on minors was already banned by regulations or laws in Manitoba, Ontario, Nova Scotia, and Prince Edward Island. They were joined this year by Yukon and Quebec, the latter of which passed a more extensive ban that applied to adults as well. The federal government has proposed its own ban, which would impose criminal penalties on various activities around “conversion therapy,” banning advertising or profiting from it, or forcing a minor or vulnerable person to go through it. The distinction is that in Canada, only the provinces may regulate business and health activities, while only the federal government may amend criminal law. The federal bill has broad support in Parliament, but has run up against how few days Parliament has sat (and it will likely face some opposition in the unelected Senate, which is sitting even less than the House and is substantially holding up all legislation). There is also a significant chance of an election in 2021.

There was no progress on the federal government’s other major promise to LGBT Canadians dating back to 2015 – ending the ban on blood and tissue donation from men who have sex with men.

United States: The headline this year is obviously Donald Trump’s loss of the presidential election to Joe Biden, who takes office Jan 20. While it’s likely that Biden will face difficulty enacting his agenda in a divided Congress – even if Democrats win two seats in the Georgia runoff Jan 5 – Biden has already announced sweeping actions he will take to promote LGBT rights through executive actions, including repealing the ban on trans military service, promoting LGBT rights abroad, and recognizing LGBT families for immigration and refugee resettlement. He has also prioritized passing the Equality Act for LGBT non-discrimination within 100 days, though again, that faces an uphill climb in the Senate.

Also important, the US Supreme Court found in a 6-3 ruling that current federal anti-discrimination law bans discrimination against LGBT people under the ground of “sex.” The ruling applied immediately only to federal employment discrimination claims, but it’s easy to see how the ruling extends to other statutes that ban sex discrimination in housing and accommodations, including possibly at the state level, but we’ll have to see how states and other courts will apply it. The court also refused to take up cases seeking a right for states to discriminate against LGBT parents on birth certificates, but did hear a case seeking a broad religious right to discriminate against LGBT couples in adoption cases, on which a ruling is expected in 2021.

At the state level, we saw Nevada become the first state to repeal its constitutional ban on same-sex marriage. Voters in Alabama also decided to begin the process of amending their constitution to remove outdated or unconstitutional language – we’ll see if that includes the marriage ban. The Maryland legislature repealed the state’s law against sodomy, but oddly preserved the law banning oral sex. 14 other states still have these defunct sodomy laws still on the books.

Virginia and Utah banned conversion therapy, though Utah’s ban is by regulation, bringing the total to 20 states plus DC that ban it. 15 municipalities across the country also passed conversion therapy bans, bringing the total to 83. A federal court struck down two local conversion therapy bans as unconstitutional, but appeals have already been filed. Virginia also passed a suite of pro-LGBT laws, including a comprehensive discrimination ban and a hate crime law, and adding a gender X option to drivers’ licenses.

The Turtle Mountain Band in North Dakota is the latest Native American tribal nation to legalize same-sex marriage.

Mexico: LGBT activists faced a lot of frustration this year, but they did get equal marriage passed in Puebla and Tlaxcala states (the former codifying an earlier court ruling); bringing the total states where same-sex marriage is legal to 19 + Mexico City (including five states where the laws have not yet been brought up to date with judicial or administrative decisions). Activists were frustrated by votes in Baja California, where the legislature took multiple votes and fell 1 vote short of the 2/3 needed to pass a constitutional amendment to legalize, and in Guerrero and Sonora, where bills died or were not brought to vote. The Sinaloa state congress did not take up an equal marriage bill despite a court ruling in 2019. The state of Mexico passed a conversion therapy ban but refused to vote on an equal marriage bill. The federal congress is also still sitting on final amendments to a bill it passed in 2018 to federally recognize same-sex marriage for purposes of accessing social security. Various Supreme Court appeals have been filed against Veracruz and Yucatan states seeking access to same-sex marriage.

Belize: The government’s announced plan to introduce an anti-discrimination law sparked protests across the country led by bad faith actors. The government withdrew the bill. The bill was in part a codification and extension of the 2016 ruling that struck down Belize’s sodomy law and found that the constitutional ban on sex discrimination included a ban on sexual orientation discrimination. The government’s final appeal of that decision was lost on Dec 30, 2019.

Costa Rica: The 2018 ruling for same-sex marriage came into effect in May 2020.

Panama, Honduras, El Salvador: All three states have pending cases seeking same-sex marriage at their constitutional courts. An effort by the government of Panama to constitutionally ban same-sex marriage was stalled after massive protests by people who recognized it as a smokescreen for a power grab.

Cuba: Planned debate over a new Family Code, which was to include same-sex marriage, was deferred initially due to the pandemic, but revised schedules have it off Congress’ agenda in 2021 as well.

Haiti: In June, the President introduced a new Penal Code by decree, which takes effect in two years, unless Parliament overrules him. Reports that the new Penal Code, which was heavily inspired by French and Belgian penal codes, included an anti-discrimination provision sparked protests from bad-faith actors who suggested it legalized same-sex marriage. I haven’t been able to track down an actual copy of the new Penal Code to analyze the language myself, but reports say this isn’t true. The new code also includes a hate crime law and repeals a vagrancy law that had been used to harass trans people. So far, the government has not backed down.

Barbados: Barbados is one state where COVID may have actually hastened progress on LGBT rights. When the government introduced an immigration scheme to encourage foreign workers to come to Barbados to self-isolate and telecommute, it was instantly criticized for regulations that initially barred same-sex couples from applying together. The PM hastily had the criteria edited to allow same-sex couples to be recognized for the program’s purposes and then doubled down by swiftly passing a law that bans sexual orientation discrimination (but not gender identity discrimination, to the consternation of the island’s most prominent LGBT activist, a trans woman). In September, the government tripled down, announcing plans to pass civil union legislation and possibly hold a referendum on same-sex marriage. Reports suggest a repeal of the sodomy law will be included with the civil union legislation and/or other sweeping criminal justice reforms. A court case seeking repeal of the sodomy law is also pending.

Cayman Islands/Bermuda: When the Cayman Islands legislature voted down the government’s domestic partnership bill, which its Court of Appeal had ordered it to pass, the Governor stepped in and passed a civil partnership bill by reserve powers in September 2020. An appeal of the court’s decision upholding the marriage ban has been filed to the Privy Council in February. The Bermuda government’s appeal of its Court of Appeal’s equal marriage decision will be heard at the Privy Council in February – it is possible that the Privy Council’s decision may impact or at least influence equal marriage battles in the other UK territories: Turks and Caicos, Anguilla, Virgin Islands, and Montserrat.

Curacao: An equal marriage bill submitted in 2019 remains before the Estates of Curacao.

Jamaica: The Interamerican Commission on Human Rights found that Jamaica’s buggery and gross indecency laws violated human rights and called on the government to repeal them.

A coordinated set of court cases seeking decriminalization of sodomy was launched last year and remains pending in Antigua and Barbuda, Barbados, St. Lucia, St. Vincent and the Grenadines, Grenada, Dominica and St Kitts and Nevis.

Venezuela: Chaos still rules the political landscape in Venezuela. After legislative elections boycotted by the opposition, President Maduro called on the newly elected, government-friendly Assembly to pass a same-sex marriage law next year.

Bolivia: The civil registry finally agreed to register a same-sex couple as being in a “free union” – an arrangement distinct from but equal to marriage in effect. It’s unclear at this point if this decision set a precedent for other couples, but activists have vowed to use the ruling to press for further legislative change.  

Chile: In January, the Senate took the first steps to advance a long-stalled same-sex marriage bill, but it has made no other progress. Nor has a separate bill to allow LGBT couples in civil unions to adopt children. In June, the Constitutional Court vote 5-4 to reject a petition seeking a right to same-sex marriage.

Peru: The Constitutional Court rejected 4-3 a case seeking recognition of a foreign same-sex marriage.

EUROPE

United Kingdom: The equal marriage bill passed last year by Parliament for Northern Ireland came into effect, and Parliament expanded it this year to allow existing civil partnerships to be converted in marriage. Final approval and effect for Sark’s equal marriage bill also come into effect, so now all territories associated with the UK in Europe allow same-sex marriage. There remain five British Overseas Territories that do not allow same-sex marriage, all in the Americas: Cayman Islands, Virgin Islands, Turks and Caicos, Anguilla and Montserrat. The Bermuda government’s appeal of its Court of Appeal decision upholding the right to same-sex marriage will be heard by the Privy Council in February 2021.

Switzerland: Switzerland’s long, torturous path to equal marriage appears to be approaching its end. In December, the federal Parliament finally passed its same-sex marriage bill that was first introduced in 2013. The far-right party immediately launched a campaign to have the bill subject to a referendum, and they have until March to collect 50,000 signatures to force the issue. Nevertheless, public opinion polls suggest that any referendum to overturn the law will be doomed to fail. Switzerland also passed a suite of other pro-LGBT laws this year. The marriage law includes automatic co-parentage and the right for lesbian couples to access IVF. A comprehensive anti-discrimination and hate crime bill was also passed and survived a referendum in February. And trans people were given the right to change their legal gender based on self-determination.

Liechtenstein: The microstate between Switzerland and Austria began talking about same-sex marriage after the Swiss parliament passed equal marriage this year. Governing parties appear reluctant to debate it but seem to believe it’s an inevitability. Parliamentary elections are scheduled for Feb 2021, after which it’s more likely we’ll see real debate. Previously, the Prince has expressed opposition to allowing same-sex marriage and couple adoption. Late last year, the European Court of Human Rights ruled that the ban on LGBT couple step-child adoption was discriminatory, although this opinion was advisory only. 

Andorra: The tiny Pyrenees nation announced in March that it would erase the distinction between civil partnerships and marriage, essentially becoming an equal marriage nation. The bill was tabled in December and will take effect six months after it is passed.

Montenegro: The former Yugoslav state and current EU candidate passed a limited life partnership bill in July, which comes into effect in 2021. It excludes adoption rights.

Kosovo: The breakaway state introduced a new Civil Code in July and announced plans to introduce a civil partnership law. Local LGBT groups expressed disappointment that the proposal would not create equal same-sex marriages.  No bill has actually been brought forward as far as I can tell. US President Trump spent a little energy trying to get Serbia and Kosovo to make peace with each other and break the deadlock on international recognition of Kosovo, but it didn’t go anywhere.

Monaco: The cohabitation (civil union) bill passed last year came into effect. As well, a bill that increased penalties for sexual orientation bias crimes came into effect.

Italy: The lower house of the Italian Parliament passed the country’s first comprehensive anti-discrimination and hate crime law covering sexual orientation, gender identity, sex, and disability. It’s pending in the Italian Senate.

Norway: Parliament amended the hate speech and hate crime law to explicitly protect bisexuals and transgender people.

North Macedonia: After courts struck down last year’s LGBT anti-discrimination and hate speech law on procedural grounds, a new anti-discrimination and hate crime law was passed in October.

Czechia: A same-sex marriage bill that at one time seemed to have momentum didn’t make any progress this year and is not expected to advance until after elections in October 2021.

Germany: A nationwide ban on conversion therapy was passed in May. The government issued an apology for discrimination in the military in September, and a compensation scheme approved by the government is pending in parliament. A bill to recognize automatic co-parenthood remains stalled in the legislature.

Hungary: The ongoing retrenchment of rights in Hungary deepened this year, with the government passing a constitutional amendment banning single people and LGBT couples from adopting. A constitutional ban on same-sex marriage was already in effect. The government also amended its definition of sex to be limited to “sex at birth,” effectively banning recognition of gender change. On the other hand, Hungary did drop its ban on blood donations from MSM this year.

Poland: A retrenchment of LGBT rights was also evident in Poland – though a Liberal, pro-LGBT rights candidate nearly claimed the presidency in 2020. The government has proposed a constitutional amendment and law similar to Hungary’s which would ban LGBT people from adopting children. Some EU members have proposed penalties for Hungary and Poland for violating human rights and rule of law, but no strong actions have been taken as yet.

Russia: A new constitution giving Putin the right to run for President for two more terms was passed in part due to support for new provisions that would constitutionally ban same-sex marriage. Parliament later deferred a proposed bill that would have banned gender change.

Estonia:  While regulations bringing the 2016 civil union law into effect remain in limbo, the new governing coalition agreed with a far-right party to hold a referendum in 2021 to constitutionally ban same-sex marriage. The proposed referendum remains controversial in Estonia, with even the government seemingly unsure if a yes vote would repeal the civil partnership law or force it to finally bring regulations into effect.

Lithuania: A newly elected, openly gay MP has stated that he expects a civil partnership bill to be passed in 2021.

Belarus: The country saw widespread protests after an election widely regarded as fraudulent officially returned President Lukashenko, who has governed since 1994, to power. While the opposition has not been explicitly pro-LGBT, it is expected to be better on human rights and democracy, should it ever be able to take power. A Liberal and pro-EU candidate also won the presidency of Moldova.

France: A bill to allow lesbian couples access to IVF remains before the Senate, with hearings expected in February.

Bosnia: A proposal for civil union legislation in the FBiH remained under study since 2018.

Cyprus/North Cyprus: The Cyprus dispute got even further from a resolution this year after a hardliner was elected president of TRNC. Possible reunification may bring Cyprus’ civil partnership law into effect in the North, as well as the generally stronger human rights protections of an EU member state.

AFRICA

Gabon: After Parliament passed a law criminalizing sodomy for the first time last year, the government did an about face and repealed the law in July, amid strong international criticism (from France particularly).

Sudan: In July, the transitional administration governing the country after the overthrow of the previous authoritarian Islamist regime removed the death penalty and corporal punishment for sodomy, although it remains criminalized. This was part of a broader justice reform that also removed a number of other vice offences. Neighboring Chad eliminated the death penalty for all crimes, however, sodomy remains a crime there, having been criminalized in 2017.

Angola: The 2019 Penal Code, which fully decriminalized sodomy, was finally officially published in Nov 2020, and will come into effect in Feb 2021.

South Africa: Parliament amended the equal marriage law to remove the right of civil servants to refuse to solemnize a same-sex marriage.

Mauritius: A case seeking decriminalization of sodomy is slowly winding its way through the courts. Leave was granted to appeal to the Supreme Court in June.

Namibia: A trio of cases seeking recognition of same-sex marriages have been very slowly winding through the courts since 2017-19. No progress was recorded this year. A sodomy law remains on the books in Namibia too.

Western Sahara: In December, US President Trump announced that the US would recognize Moroccan sovereignty over the Western Sahara. While Morocco’s claim is still disputed by other major powers (and the Western Saharans themselves), if this does eventually become accepted, it would reduce the number of criminalizing states by one.

ASIA

Bhutan: The tiny Himilayan nation’s Parliament finally came to agreement on a new Criminal Code that clarifies that the ban on “unnatural sex” does not include gay consensual sex between adults. It awaits the king’s signature.

Japan: Efforts to get the national government to legalize same-sex marriage before the cancelled 2020 Olympics fell flat, but dozens of local governments passed laws to issue partnership certificates to same-sex couples, bringing the total to 3 prefectures (including Osaka and Gunma, which passed laws this year), and 66 municipalities, with a further 27 municipalities whose laws take effect over the coming year. Additionally, several of these jurisdictions have struck agreements for mutual recognition of their certificates.

Several cases seeking the right to same sex marriage advanced over 2020. A ruling from the Sapporo District Court is expected on 17 March 2020.

Thailand: A civil union bill supported by the Cabinet and an equal marriage bill supported by the opposition are both being debated in parliament. Meanwhile, ongoing pro-democracy protests in the country have also taken on explicit pro-LGBT equality messaging.

China/Hong Kong: A court case seeking a right to same sex marriage was still pending in Hong Kong, but given the increasing crackdown on the city’s separate jurisdiction from Beijing, I wouldn’t hold my breath expecting a good result. Still, smaller victories have piled up in the territory, including a March ruling that the city cannot discriminate against LGBT couples in the provision of public housing.

South Korea: Amid continued failure to pass a nationwide anti-discrimination law, a trans woman was discharged from the military.

Philippines: Two bills seeking to legalize civil unions and ban anti-LGBT discrimination were stalled in congress, particularly as Senate leadership has remained adamantly opposed.

Israel: Political deadlock between the left and right factions in the Knesset ended in the face of the coronavirus pandemic, leaving the right wing with a significant advantage for now, and likely spiking attempts at marriage reform. MKs gave initial approval to a bill to ban conversion therapy. The Supreme Court ruled that LGBT couples must have access to surrogacy. And the city of Tel Aviv announced plans to recognize same-sex marriages, although this won’t have national legal effect, but does allow couples to access municipal services.

India: A number of cases seeking recognition of same-sex marriage under the countries various denominational and nondenominational marriage laws are winding their way through the courts.

Singapore: The High Court dismissed three cases seeking to decriminalize sodomy in March, but the Court of Appeal will hear the case again in early January.

Nepal: The Human Rights Commission called on the government to fully legalize same-sex marriage, repeating calls it has made since around 2008. In 2017, the Supreme Court ruled that foreign same-sex marriages must be recognized for immigration purposes.

Kazakhstan: The government announced plans to fully abolish the death penalty.

Malaysia: A test case was filed seeking decriminalization of sodomy.

OCEANIA:

Cook Islands: Parliament continued to defer consideration of the new Crimes Bill, which originally decriminalized homosexuality, but in committee was revised to actually stiffen penalties for homosexuality. The committee has been given numerous extensions to conduct consultations, the latest of which will take it to around May 2021.

Australia: A bill to grant access to surrogacy for LGBT couples in Western Australia has stalled and likely will not pass before local elections. South Australia became the final state to ban the “gay panic” defense in law.  Queensland and the Australian Capital Territory became the first to ban conversion therapy, while a bill in pending in Victoria.

Marshall Islands: I didn’t catch this last year, but the government passed a Gender Equality Act in 2019 which came into force this year. The bill provides explicit protections for women and girls in all areas, including protections from discrimination based on sexual orientation or gender identity (though as written, it seems to only apply to women!). Its definition of marriage is also gender-neutral.

New Caledonia: Voters decided to remain a part of France in the second of three planned referenda. The next will be held in 2022.

Bougainville: Negotiations continued for the secession of this province from Papua New Guinea. Presumably, it would maintain the PNG criminal code that penalizes sodomy.