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Why More And More Countries Are Making It Illegal To Be A Lesbian Or Bi Woman

Many male-specific anti-gay laws are now being expanded to include women.

At least 73 countries, or about 40% of all countries, still criminalize homosexuality, and an increasing number of countries are now adding laws specifically banning sex between women in the name of "equality."

A total of 44 countries specifically criminalize sex between two women, according to a report released in May by the Human Dignity Trust, an organization of international lawyers who provide pro bono legal assistance to queer people in countries with anti-LGBT laws.

Nardus Engelbrecht/Gallo Images/Getty Images

CAPE TOWN, SOUTH AFRICA - MAY 20: (SOUTH AFRICA, UAE, BRAZIL OUT) South African human rights activists protest protest against homosexuals imprisoned in Malawi, outside the Home Affairs' Offices May 20, 2010 in Cape Town, South Africa. A gay couple have been sentenced to the maximum of 14 years in prison for "unnatural acts" and "gross indecency". The severity of the sentence had been expected after the same judge convicted Tiwonge Chimbalanga and Steven Monjeza earlier this week under Malawi's anti-gay laws, which date from the colonial era. (Photo by Nardus Engelbrecht/Gallo Images/Getty Images)

The report also reveals that at least ten countries that once only criminalized gay male relationships recently added amended their laws to ban sex between lesbians and bisexual women, too.

Many of the original male-specific laws are holdovers from British colonial penal codes, and the expansions are being made in a misguided attempt to make them more legally sound and "equal" in response to international criticism.

Human Dignity Trust explains:

Ironically, such amendments are often made on the inaccurate premise of ensuring non-discrimination in the State’s treatment of male and female homosexuals.

A Botswana court found that a gross indecency law that only applied to male homosexuals, and not female homosexuals, was discriminatory, but that the discrimination was rectified when the provision was made gender-neutral.

Similarly, a court in Solomon Islands found that the male gross indecency law was discriminatory since women were not criminalized, but found that this would be rectified by removing the word "male."

Human Dignity Trust

The effects of criminalizing sex between women can be especially devastating in patriarchal societies, where "corrective rape" and forced marriage are commonly employed as "antidotes" to same-sex attraction between women. The report also notes that the combined discrimination lesbian and bisexual women experience due to both their gender and sexual orientation make them especially vulnerable to human rights abuses.

In countries where women are systematically forced to be economically dependent on men, for example, it can be nearly impossible for lesbian and bisexual women to live independently without a male family member. Women forced into sham marriages with men as a result likely have less control over their bodies than gay men in similar situations, especially since marital rape remains legal in many countries with anti-gay laws.

Anuwar Hazarika/Barcroft Images / Barcroft Media via Getty

GUWAHATI, INDIA - FEBRUARY 05: Indian members and supporters of the lesbian, gay, bisexual, transgender (LGBT) community hold placards during a Pride Walk on February 05, 2017 in Guwahati, India. Marching in solidarity and in celebration of their diversity, the LGBT community demanded equal legal, social and medical rights.PHOTOGRAPH BY Anuwar Hazarika/Barcroft ImagesLondon-T:+44 207 033 1031 E:hello@barcroftmedia.com -New York-T:+1 212 796 2458 E:hello@barcroftusa.com -New Delhi-T:+91 11 4053 2429 E:hello@barcroftindia.com www.barcroftimages.com (Photo credit should read Anuwar Hazarika/Barcroft Images / Barcroft Media via Getty Images)

Other laws that disproportionately affect women—including those that permit child marriage and criminalize adultery, and those that ban or limit access to birth control and abortion—also often exist in countries with laws criminalizing homosexuality, further compounding the issues faced by lesbians and bisexual women.

The Human Dignity report points out that much of the research, advocacy, and legal discourse around the criminalization and persecution of LGBT people worldwide has "inadvertently focused on gay and bisexual men."

The report also highlights the fact that countries with greater gender equality are less likely to have any form of anti-gay laws on books, and urges international organizations working to end LGBT criminalization and those working to advance gender equality to address the specific needs of lesbian and bi women.

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