LGBT rights in

the State of
Palestine

Lesbian, gay, bisexual, &

transgender (LGBT) people in
Palestine face a precarious
situation due to a lack of civil
rights legislation aimed at
tackling discrimination. There
is also a significant legal divide
between the West Bank and the
Gaza Strip. In the West Bank,
same-sex acts were
decriminalized in the adoption
of the Jordanian Penal Code of
1951 following the Jordanian
annexation. Gaza, however, still
follows the British Mandate
Criminal Code Ordinance, No.
74 of 1936, which outlaws
same-sex acts between men,
with the current punishment
being up to 10 years in prison.
 LGBT rights in Palestine

State of Palestine

Status Mixed legality:

West Bank –
Legal since
1951, equal
age of
consent
Gaza Strip –
Illegal for
males

Family rights

Recognition of No recognition
Criminal law and civil
rights
In the State of Palestine, there
is no specific, stand-alone civil
rights legislation that protects
LGBT people from
discrimination or harassment.
While hundreds of queer
Palestinians are reported to
have fled to Israel because of
the hostility they face in
Palestine,[1] they have also
been subject to house arrest or
deportation from Israel by
Israeli authorities on account of
the in-applicability of the law of
asylum to areas or nations in
which Israel is in conflict.[2]

According to a 2010
compendium of laws against
homosexuality produced by the
International Lesbian, Gay,
Bisexual, Transsexual and
Intersex Association (ILGA), the
decriminalization of
homosexuality in Palestine is
patchwork.[3] On the one hand,
same-sex acts were
decriminalized in the
Jordanian-controlled West
Bank in 1951 and remain so to
this day. On the other hand, in
the Gaza Strip, the British
Mandate Criminal Code
Ordinance, No. 74 of 1936
remains in force and continues
to outlaw same-sex acts
between men. Because queer
women are not subjects of the
code, their relations are thus,
technically, not unlawful.[4]
According to Amnesty
International's 2020 report on
Palestine, "Section 152 of the
Penal Code in Gaza
criminalizes [male] consensual
same-sex sexual activity and
makes it punishable by up to 10
years' imprisonment."[5]
Palestine has no civil rights
laws that protect LGBT people
from discrimination nor
harassment.[6]

The Palestinian Authority has

not legislated either for or
against homosexuality. "On the
legal level, the President of the
Palestinian Authority issued his
first decision on 20 May 1994
which provided that legislation
and laws that were effective
before 5 June 1967 in the West
Bank and Gaza Strip would
remain effective" – and, in line
with almost all other
Palestinian laws, the confused
legal legacy of foreign
occupation – Ottoman, British,
Jordanian, Egyptian and Israeli
– continues to determine the
erratic application or non-
application of the criminal law
to same-sex activity and gender
variance in each of the
territories.[7][8]

In 2013, a gay Palestinian man

told reporters that "local
Palestinian Authority police are
aware and keep files on him
and other homosexuals,
blackmailing them into working
as spies and informants." He
reported stories "of guys being
called at random and told to
come into [Palestinian
Authority] police stations, with
threats their families would be
told about their sexuality if they
didn't show up."[9]

The same report noted that

Israeli intelligence offered
another gay Palestinian man
free entry into Israel on an
ongoing basis to visit his Israeli
boyfriend if he provided "the
names of the organizers, the
religious people in the villages
and names of children throwing
stones at Israeli military jeeps."
The report noted that Mossad
had been tracking his location
through his cell phone. The
man did not cooperate despite
fear that the Israelis would
reveal his sexuality to his family
and community, who would
reject him. It is not reported if
anything subsequently was
disclosed.[9][10]

In February 2016, the armed

wing of Palestinian militant
group Hamas (classified as a
terrorist organization by the
United Kingdom, the EU,
Canada, Israel, Japan and the
United States)[11][12] which rules
Gaza executed Mahmoud
Ishtiwi - one of the group's
leading commanders - under
allegations of gay sex and
theft.[13][14] Ishtiwi left two
wives and three children.
In August 2019, the Palestinian
Authority announced that LGBT
groups were forbidden to meet
in the West Bank on the
grounds that they are "harmful
to the higher values and ideals
of Palestinian society". This
was in response to a planned
conference in Nablus by Al-
Qaws, a Palestinian LGBT
group.[15][16][17] The ban was
later withdrawn by the end of
the month following
backlash.[18]

Marriage and family

Gay Palestinians frequently
seek refuge in Israel fearing for
their lives, especially fearing
death from members of their
own families.[19] "According to
lawyer Shaul Gannon, from the
Israeli LGBT organization The
Aguda – Israel's LGBT Task
Force, around 2,000 Palestinian
homosexuals live in Tel Aviv at
any one time."[9]

Media and cultural

references
Several Israeli films and or
television programs have dealt
with the issue of LGBT
Palestinians, often having
relationships with LGBT
Israelis. However, none of these
films have been directed by
LGBT Palestinians.

Hide and Seek (1980) - An

Israeli drama film addressing
themes of homosexuality
between an Israeli Jew and a
Palestinian Arab; the film is
set in Mandatory Palestine in
1946.
Drifting (1983) – An Israeli
film dealing with LGBT
themes features two
Palestinian men, among the
many people that the hero
meets and interacts with
while looking for love.[20]
The Bubble (Ha-Buah) (2007)
– Two gay men, an Israeli
and a Palestinian, face
prejudice and other
challenges while they date
each other in Tel Aviv.[21]
Zero Degrees of Separation –
Explores the challenges
facing same-sex couples in
Israel when one of the
partners is Palestinian or
Arab.[19]
Out in the Dark (2012) – A
romance between two gay
men, an Israeli and a
Palestinian. They put as
much effort as they can to
stay together, regardless of
the law.[22]
The Invisible Men (2012) –
From Israeli filmmaker Yariv
Mozer, an informative
documentary on the
struggles of what it means to
 be gay in Palestine. It follows
the lives of men who
escaped because of their
sexuality. Now hiding in Tel
Aviv, they must face another
set of challenges.[23]

HIV/AIDS
A Palestinian National
AIDS/HIV Health program was
established in 1998. Dr. Ezzat
Gouda is the current doctor
focusing on sexually
transmitted diseases for the
Palestinian Ministry of Health.
Reports claim that very few
people have become infected
since 1987, and those people
who are infected face prejudice
and shortages of medicine.[24]

In 2003, a report from the

Palestinian Health Minister[25]
made some references to the
infections, under
"communicable diseases".[26]

Activism

Logo of Al Qaws, the leading

organization for Palestinian LGBTQ
rights. The group was shortly banned
in 2019, with the ban being reversed
after backlash.
In the early 2000s, two
established groups formed to
provide support to lesbian, gay,
bisexual, trans, queer, and
questioning (LGBTQ)
Palestinian people living within
the borders of Israel, the Gaza
Strip and the West Bank. Al
Qaws ("The bow" in Arabic,
referencing a rainbow), the first
official Palestinian LGBTQ
organization, was founded in
2001 as a community project of
the Jerusalem Open House for
Pride and Tolerance[27] to
specifically address the needs
of LGBTQ Palestinian people
living in Jerusalem.[28] Al-Qaws
has expanded since its
founding and now hosts social
activities in Jerusalem, Haifa,
Jaffa and the West Bank as an
arena of support for members
of the LGBTQ Palestinian
community. Al Qaws also hosts
a telephone support line.[29]

In 2002, a second group

formed to specifically address
the needs of Palestinian
lesbian women; Aswat
("Voices" in Arabic) was
founded as a project of the
Palestinian Feminist NGO
Kayan, at the Haifa Feminist
Center. Aswat started as an
anonymous email-list serving
to provide support to
Palestinian gay women, and
has developed into an
established working group that
hosts monthly meetings for its
approximately 60 members,
and organizes lectures, events,
and educational
opportunities.[28] Aswat
translates and publishes
original texts related to
sexuality and gender identity
previously unavailable in the
Arabic language, and hosts the
largest collection of Arabic-
language texts related to
homosexuality on its
website.[30] Aswat's efforts face
challenges, and a fatwa was
issued against co-founder
Rauda Morcos.[31]

In 2010, the organization

Palestinian Queers for Boycott,
Divestment, and Sanctions
(PQBDS) was formed, aimed at
challenging Israeli
representation of gay life in
Palestine and pinkwashing.
They also run a website called
Pinkwatching Israel.[28]

In 2015, a Palestinian artist

named Khaled Jarrar painted a
rainbow flag on a section of a
West Bank wall, and a group of
Palestinians painted over it.
Jarrar said that he painted the
rainbow flag to remind people
that although same-sex
marriage was legalized in the
United States, Palestinians still
live in occupation. Jarrar
criticized the paint-over, stating
that it "reflects the absence of
tolerance, and freedoms in the
Palestinian society".[32]

Palestinian state police enforce

moral codes of conduct, and
the level of police brutality
against LGBTQ people is
immense. Much of that entails
different levels of harassment,
ranging from the obstruction of
events to violence against its
members. Examples include
the shut down of organizational
events.[33] In August 2019, the
Palestinian Authority banned
LGBTQ community
organizations from operating in
the West Bank in response to a
planned Al Qaws event.[34] The
ban was withdrawn by the end
of the month following
backlash.[35][36]

The LGBTQ rights movement

can be a cause of dissension,
as it raises questions of what
freedom really means for the
Palestinian people. It closely
ties to the ongoing matters of
the occupation of Palestine;
many activists, like Maisan
Hamdan, believe that once
liberation is achieved for the
land, this will not necessarily be
followed with freedom for the
LGBTQ people of Palestine.[31]

Summary table
 West Bank:
Legal since 1951 for males;
always been legal for females
Same-sex sexual activity legal
Gaza:
Male illegal (Penalty: Up to
10 years imprisonment)

West Bank: (18 years)

Equal age of consent Gaza: For males / For
females

Anti-discrimination laws in
employment only

Anti-discrimination laws in the

provision of goods and services

Anti-discrimination laws in all other

areas (incl. indirect discrimination,
hate speech)

Same-sex marriages

Recognition of same-sex couples

Step-child adoption by same-sex

couples

Joint adoption by same-sex couples

Gays and lesbians allowed to serve

openly in the military

Right to change legal gender

Access to IVF for lesbians

Commercial surrogacy for gay male

couples

MSM allowed to donate blood

See also
 LGBT
portal
Palestine
portal

Human rights in the State of

Palestine
LGBT rights in Israel
LGBT rights in the Middle
East
LGBT rights in Asia

References
1. "In Limbo – Palestinian gays"
(https://www.radionetherland
sarchives.org/in-limbo-palesti
nian-gays/) . 8 August 2004.
2. "Palestinian gays flee to
Israel" (http://news.bbc.co.uk/
2/hi/3211772.stm) . 22
October 2003 – via
news.bbc.co.uk.
3. "Compendium of
International, Regional and
National Legal Instruments on
Forced Displacement" (http
s://pubdocs.worldbank.org/e
n/181011495034145425/Co
mpendium-of-International-Re
gional-and-National-Legal-Inst
ruments-on-Forced-Displacem
ent.pdf) (PDF). Retrieved
31 March 2021.
4. Ottosson, Daniel. "State-
Sponsored Homophobia: A
World Survey of Laws
Prohibiting Same-Sex Activity
Between Consenting Adults"
(https://web.archive.org/web/
20101122235101/http://old.il
ga.org/Statehomophobia/ILG
A_State_Sponsored_Homoph
obia_2010.pdf) (PDF).
Archived from the original (htt
p://old.ilga.org/Statehomoph
obia/ILGA_State_Sponsored_
Homophobia_2010.pdf) (PDF)
on 22 November 2010.
5. "Everything you need to know
about human rights in
Palestine" (https://www.amne
sty.org/en/countries/middle-e
ast-and-north-africa/palestine
-state-of/report-palestine-stat
e-of/) . www.amnesty.org.
Retrieved 21 May 2021.
6. "Palestine - GlobalGayz" (http
s://www.globalgayz.com/mid
dle-east/palestine/) .
www.globalgayz.com.
Retrieved 29 June 2018.
7. "Legal Status in the
Palestinian territories" (http
s://web.archive.org/web/2007
1103074653/http://lawcenter.
birzeit.edu/iol/en/index.php?a
ction_id=210) . Archived from
the original (http://lawcenter.b
irzeit.edu/iol/en/index.php?ac
tion_id=210) on 3 November
2007.
8. GayLaw.net. "Palestine –
Laws" (http://www.gaylawnet.
com/laws/ps.htm) .
9. O'Connor, Nigel (19 February
2013). "Gay Palestinians Are
Being Blackmailed Into
Working As Informants | VICE
| United Kingdom" (https://ww
w.vice.com/en_uk/read/gay-p
alestinians-are-being-blackma
iled-into-working-as-informant
s) . VICE. Retrieved 26 January
2016.
10. "Revealed: Israel is a gay
Mecca - New York Times
promotes a pink-washed
democracy - An-Nahar" (http
s://web.archive.org/web/2016
0131194652/http://en.annaha
r.com/article/203736-reveale
d-israel-is-a-gay-mecca--new-y
ork-times-promotes-a-pinkwa
shed-democracy) .
En.annahar.com. 8 January
2015. Archived from the
original (http://en.annahar.co
m/article/203736-revealed-isr
ael-is-a-gay-mecca--new-york-
times-promotes-a-pinkwashe
d-democracy) on 31 January
2016. Retrieved 26 January
 2016.
11. "EU terrorist list" (https://ww
w.consilium.europa.eu/en/pol
icies/fight-against-terrorism/t
errorist-list/) .
www.consilium.europa.eu.
Retrieved 14 May 2021.
12. "Foreign Terrorist
Organizations" (https://www.s
tate.gov/foreign-terrorist-orga
nizations/) . United States
Department of State. Retrieved
14 May 2021.
13. Hadid, Diaa; Waheidi, Majd Al
(1 March 2016). "Hamas
Commander, Accused of
Theft and Gay Sex, Is Killed by
His Own" (https://www.nytime
s.com/2016/03/02/world/mi
ddleeast/hamas-commander-
mahmoud-ishtiwi-killed-palest
ine.html) . The New York
Times. Retrieved 21 May 2021.
14. Moore, Jack (2 March 2016).
"Hamas executed a prominent
commander after accusations
of gay sex" (http://www.news
week.com/prominent-hamas-
commander-was-executed-aft
er-accusations-gay-sex-43234
3) . Newsweek. Retrieved
6 April 2016.
15. Weich, Ben (19 August 2019).
"Palestinian Authority bans
LGBTQ groups from the West
Bank" (https://www.thejc.com
/news/israel/palestinian-auth
ority-pa-bans-lgbt-lgbtq-activit
y-in-west-bank-al-qaws-1.487
605) . Jewish Chronicle.
Retrieved 25 August 2019.
16. Kershner, Isabel; Najib,
Mohammed (19 August 2019).
"Palestinian Authority Bans
Activities by Gay Rights
Group" (https://www.nytimes.
com/2019/08/19/world/midd
leeast/palestinian-gay-tansge
nder-rights-group.html) . The
New York Times. Retrieved
21 May 2021.
17. "Palestine" (https://www.hum
andignitytrust.org/country-pro
file/palestine/) .
www.humandignitytrust.org.
Human Dignity Trust. 15
February 2019. Retrieved
21 May 2021.
18. "Rights groups slam
Palestinian police for banning
LGBTQ activity" (https://www.
timesofisrael.com/rights-grou
ps-slam-palestinian-police-for-
banning-lgbtq-activity/) . The
Times of Israel.
19. "Palestine" (http://www.global
gayz.com/g-palestine.html) .
GlobalGayz. Retrieved
26 January 2016.
20. "PlanetOut.com | Planet Out
Official Site | It's All on Planet
Out" (https://web.archive.org/
web/20080329124114/http://
www.planetout.com/pno/pop
cornq/db/getfilm.html?980) .
planetout.com. Archived from
the original (https://planetout.
com/pno/popcornq/db/getfil
m.html?980) on 29 March
2008.
21. The Bubble (2007) (https://w
ww.rottentomatoes.com/m/th
e_bubble_2007) , retrieved
3 December 2020
22. Out in the Dark (2013) (http
s://www.rottentomatoes.com
/m/out_in_the_dark) , retrieved
3 December 2020
23. Mozer, Yariv (2 May 2013),
The Invisible Men (https://ww
w.imdb.com/title/tt2075340/)
(Documentary, Drama),
retrieved 23 December 2020
24. "No friends, few drugs and
little expertise for AIDS
patients" (http://www.irinnew
s.org/Report.aspx?ReportId=6
2352) . IRIN. 6 December
2006. Retrieved 20 January
2011.
25. [1] (http://www.moh.gov.ps/in
dex.asp?deptid=3&pranchid=
21&action=articles) Archived
(https://web.archive.org/web/
20071016202916/http://ww
w.moh.gov.ps/index.asp?dept
id=3&pranchid=21&action=art
icles) 16 October 2007 at the
Wayback Machine
26. "Palestinian Authority (West
Bank and Gaza Strip)" (http
s://web.archive.org/web/2019
0524025210/http://hivinsite.u
csf.edu/global?page=cr06-we
-00) . Hivinsite.ucsf.edu. 19
September 2005. Archived
from the original (http://hivins
ite.ucsf.edu/global?page=cr0
6-we-00) on 24 May 2019.
Retrieved 20 January 2011.
27. Haneen Maikey. "Rainbow
over Palestine | Opinion" (http
s://www.theguardian.com/co
mmentisfree/2008/mar/10/ra
inbowoverpalestine) . The
Guardian. Retrieved
26 January 2016.
28. Abdelmoez, Joel W. (2021),
Rosenberg, Tiina; D'Urso,
Sandra; Winget, Anna Renée
(eds.), "Deviants, Queers, or
Scissoring Sisters of Men?:
Translating and Locating
Queer and Trans Feminisms
in the Contemporary Arabic-
Speaking World" (https://link.s
pringer.com/10.1007/978-3-0
30-69555-2_16) , The Palgrave
Handbook of Queer and Trans
Feminisms in Contemporary
Performance, Cham: Springer
International Publishing,
pp. 283–301,
doi:10.1007/978-3-030-69555
-2_16 (https://doi.org/10.100
 7%2F978-3-030-69555-2_16) ,
ISBN 978-3-030-69554-5,
S2CID 240561329 (https://ap
i.semanticscholar.org/Corpus
ID:240561329) , retrieved
21 July 2022
29. "Who are we?" (https://web.ar
chive.org/web/20130513160
836/http://www.alqaws.org/q
/content/who-are-we) .
Archived from the original (htt
p://www.alqaws.org/q/conten
t/who-are-we) on 13 May
2013. Retrieved 1 October
2013.
30. "Information & Publication" (ht
tps://web.archive.org/web/20
170126164800/http://www.as
watgroup.org/en/content/info
rmation-publication) . Aswat
Group. Archived from the
original (http://www.aswatgro
up.org/en/content/informatio
n-publication) on 26 January
2017. Retrieved 26 January
2016.
31. " 'A queer cry for freedom':
Meet the LGBTQ Palestinians
demanding liberation" (http
s://www.972mag.com/lgbtq-p
alestinians-haifa-queer/) .
+972 Magazine. 2 August
2020. Retrieved 23 December
2020.
32. Daraghmeh, Mohammed and
Ian Deitch. "Rainbow flag on
West Bank barrier touches
nerve for Palestinians (http://
www.haaretz.com/news/mid
dle-east/1.663797) " (Archive
(https://web.archive.org/web/
20150703223028/http://ww
w.haaretz.com/news/middle-
east/1.663797) ). Haaretz. 30
June 2015. Retrieved on 3 July
2015.
33. "Palestinian police vow
crackdown on LGBTQ events"
(https://www.nbcnews.com/f
eature/nbc-out/palestinian-po
lice-vow-crackdown-lgbtq-eve
nts-west-bank-n1044081) .
NBC News. Retrieved
23 December 2020.
34. "Palestinian Authority bans
LGBTQ activities in West
Bank" (https://www.jpost.com
/Middle-East/PA-bans-LGBT-a
ctivities-in-West-Bank-59898
0) . The Jerusalem Post. 19
August 2019. Retrieved
19 August 2019.
35. Ashly, Jaclynn (27 August
2019). "PA rescinds ban on
LGBTQ group after protests"
(https://electronicintifada.net/
content/pa-rescinds-ban-lgbtq
-group-after-protests/28201) .
The Electronic Intifada.
Retrieved 31 August 2019.
36. AFP (21 August 2019).
"Rights groups slam
Palestinian police for banning
LGBTQ activity" (https://www.
timesofisrael.com/rights-grou
ps-slam-palestinian-police-for-
banning-lgbtq-activity/) .
Times of Israel. Retrieved
13 September 2019. "Police
subsequently rescinded their
original statement, according
to the [Palestinian Human
Rights Organisations] Council."

External links
Asylumlaw.org: Sexual
Minorities & HIV Status
(Palestine) (http://www.asyl
umlaw.org/legal_tools/inde
x.cfm?category=460&countr
yID=233) Archived (https://
web.archive.org/web/20110
716081535/http://www.asyl
umlaw.org/legal_tools/inde
x.cfm?category=460&countr
yID=233) 16 July 2011 at the
Wayback Machine – various
information packets used for
asylum purposes
Call to Boycott World Pride
in Jerusalem 2006 (http://el
ectronicintifada.net/content
/call-boycott-world-pride-jer
 usalem-2006/519)

Retrieved from
"https://en.wikipedia.org
/w/index.php?title=LGBT_rights_in_th
e_State_of_Palestine&
oldid=1179685619"

This page was last edited on 11

October 2023, at 19:25 (UTC). •
Content is available under CC BY-SA
4.0 unless otherwise noted.