LGBT rights in Azerbaijan
LGBT rights in Azerbaijan 
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|
|---|---|
|
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| Same-sex sexual activity legal? | Legal since 2000 |
| Gender identity/expression | – |
| Military service | No |
| Discrimination protections | No |
| Family rights | |
| Recognition of relationships |
No recognition of same-sex relationships. |
| Adoption | No |
in Europe (dark grey) – [Legend]
Lesbian, gay, bisexuals, and transgender (LGBT) persons in Azerbaijan may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity for both men and women is legal in Azerbaijan, but households headed by same-sex couples are not eligible for the same legal protections available to heterosexual couples.
After declaring independence from Russia in 1918, the Azerbaijan Democratic Republic did not have laws against homosexuality. When Azerbaijan became a part of the Soviet Union in 1920, it was subject to rarely enforced Soviet laws criminalizing the practice of sex between men. Despite Vladimir Lenin having decriminalized homosexuality in Soviet Russia, sexual intercourse between men (incorrectly termed pederasty in the laws, rather than the technically accurate term sodomy) became a criminal offense in 1923 in Azerbaijan SSR, punishable by up to five years in prison for consenting adults, or up to eight years if it involved force or threat.
Azerbaijan regained its independence in 1991, and in 2000 repealed the Soviet-era anti-sodomy law. A special edition of Azerbaijan, the official newspaper of the National Assembly, published on 28 May 2000, reported that the National Assembly had approved a new criminal code, and that the President had signed a decree making it law beginning in September 2000. Repeal of Article 121 was a requirement for Azerbaijan to join the Council of Europe, and after sodomy was removed from the Azerbaijan criminal code in 2000, Azerbaijan became the 43rd member state of the Council on 25 January 2001.
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