|Status||Legal since 1899|
|Discrimination protections||Sexual orientation and gender identity protections (see below)|
|Recognition of relationships||None|
|Restrictions||Same-sex marriage and de facto unions prohibited by Constitution|
|Adoption||Prohibited by Constitution|
Lesbian, gay, bisexual, and transgender (LGBT) persons in Honduras may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Honduras.
Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Same-sex marriages, de facto unions and adoption by same-sex couples have been constitutionally banned since 2005. Nevertheless, Honduras is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights. Discrimination against LGBT people is illegal in Honduras under Article 321 of the Penal Code.
Similarly to neighbouring El Salvador, LGBT people face high rates of violence and homicide. 264 LGBT people, of whom approximately half were gay men, were murdered in the country between 2009 and 2017.
Same-sex unions are not legally recognized in Honduras. In 2005, the Constitution was amended to expressly ban marriage and de facto unions between people of the same sex. The constitutional amendment also refuses to recognize same-sex marriages or unions that occurred legally in other countries (Article 112). It also prohibits same-sex couples from adopting (Article 116).
Before the November 2017 elections, three candidates for the Francisco Morazán Department from the National Party and the Christian Democratic Party announced their support for same-sex marriage, adding that they would be open to introducing a same-sex marriage bill to the National Congress. None of the three candidates won a seat in the National Congress.
On 12 October 2018, Honduran President Juan Orlando Hernández told reporters at a press conference: "Personally as a Christian, I am against marriage of persons of the same sex; obviously, it is the judiciary that, according to Honduran law, has to rule on it. [Regardless of sexual preferences] people should be treated with dignity, no matter what their inclination. People should be treated with dignity and this issue is very important."
In January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the recognition of same-sex marriage. The ruling was fully binding on Costa Rica and sets a binding precedent for other Latin American and Caribbean countries including Honduras.
In May 2018, relying on the IACHR ruling (see above), Honduran LGBT activists filed a suit with the Supreme Court to legalise same-sex marriage in Honduras. A second case was filed shortly thereafter but was dismissed due to technical errors in November 2018. The first case remains pending. In February 2019, it was reported that the Supreme Court was expected to rule on the case within "the next few days," but was later announced in May 2019 that they were "expected to rule later this year" on both same-sex marriage and adoption.
In March 2017, the newly enacted Penal Code came into effect. It was reported that several LGBT rights groups had been received in Congress to dispel doubts of the wording of some articles, and to ensure that Articles 321 and 321-A remain in force. The anti-discrimination articles were ultimately kept.
The Constitution stipulates that citizens have the right to establish and associate with political parties and interest groups, though initial efforts to register an LGBT rights group in the 1980s were met with government opposition or extended delays. The first LGBT rights organizations arose in the 1980s anyway, often in response to the HIV/AIDS pandemic. Such organizations had no legal standing at the time and were essentially ignored by the Government, except for police harassment.
In 2004, the Honduran Government extended formal recognition to three LGBT rights interest groups, despite organized protests from the Catholic Church, Evangelical groups, and conservative legislators.
The two major political parties have not expressed much support for expanding LGBT rights, and have mostly ignored the topic. Only a handful of dissident members within the leftist Democratic Unification Party have expressed some interest in working with the LGBT community.
In Honduras, there is a social environment of historical discrimination against LGBT persons motivated by prejudice and machismo. The 2001 Law on Police and Social Affairs (Spanish: Ley de Policía y Convivencial Social) gives the police permission to raid city streets, entrap sex workers as part of "sanitation control" and arrest anyone who "goes against modesty, proper conduct and public morals." LGBT rights organizations have documented numerous instances in which police have used the law as a pretext for harassing and detaining transgender women.
A transgender woman ran in the 2017 elections as a candidate for the Innovation and Unity Party. Her run was ultimately unsuccessful. She received 11,112 votes, placing 136th. The National Congress has 128 seats.
In December 2014, LGBT rights group Red Lésbica Cattrachas reported that from 2009 to 2014, 174 violent deaths of LGBT persons were registered in the country (90 gays, 15 lesbians, and 69 transgender people), primarily in the departments of Cortés and Francisco Morazán.
In previous years, it was reported that possibly as many as 200 Hondurans might have been killed because of their real or perceived sexual orientation or gender identity between 1993-2003.
International human rights organizations have stated that the military Government has targeted LGBT people for harassment, abuse and murder.
Walter Tróchez, a Honduran political activist and LGBT rights leader, was allegedly assassinated on December 13, 2009, by members of the anti-Zelaya regime for organizing dissent against the new Government.
The socially conservative influence of the Catholic Church and evangelical Protestants has made it difficult for any comprehensive public program to be implemented. Female prostitutes and men who have sex with men are seen as the highest risk groups. The Government does offer medical care to all citizens and has been increasingly working with non-governmental organizations to raise awareness.
The 2017 AmericasBarometer showed that 21% of Hondurans supported same-sex marriage.
A 2018 CID Gallup poll found that 75% of Hondurans opposed same-sex marriage, 17% were in support, and the rest didn't know or refused to answer.
|Same-sex sexual activity legal||(Since 1899)|
|Equal age of consent (15)|
|Anti-discrimination laws in employment only||(Since 2013)|
|Anti-discrimination laws in the provision of goods and services||(Since 2013)|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)||(Since 2013)|
|Hate crimes laws include sexual orientation and gender identity||(Since 2013)|
|Same-sex marriages||(Constitutional ban since 2005, court ruling pending)|
|Recognition of same-sex couples||(Constitutional ban on de facto unions since 2005)|
|Stepchild adoption by same-sex couples||(Constitutional ban since 2005)|
|Joint adoption by same-sex couples||(Constitutional ban since 2005)|
|LGBT people allowed to serve openly in the military|
|Right to change legal gender|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples|
|MSMs allowed to donate blood|