Monday, September 20, 2010

Romanian Law And Bisexuality

By Kyle M. Ferguson

Even though there have been several advances in Romanian concerning the rights of gay citizens, the country as a whole nonetheless remains fairly conservative and therefore, unreceptive towards homosexuals. Since the start of the new millennia, Romania has removed anti-gay authorized guidelines, making homosexuality authorized for the initial time in all venues. They have also passed legal guidelines in order to prevent discrimination towards gay individuals and illegalize the occurrence of anti-gay hate crimes.

In 1864, homosexuality became illegal under the Romanian Penal Code. Although the law was not enforced for the entire period, the criminalization of gay people remained in place until 1936, when homosexuality was legalized except in the instances of rape. Article 431, which was enacted soon after, only made homosexuality illegal when the lifestyle created public disturbances or scandal. In 1996, it became legal for same sex individuals to engage in homosexual activity in the privacy of their own homes although public demonstrations were still considered criminal behavior. It also became permissible for individuals to undergo sex change surgery and change their sex on legal documents. It was not until 2000 that public homosexuality was made legal. Soon after, Michael Guest became the new Ambassador from the United States to Romania, a man who was completely open about his homosexuality.

Today, in Romania, there are no authorized guidelines against homosexuality. Instead, authorized guidelines have been enacted to protect the homosexual population. Nevertheless, gay people are still not permitted to be joined in marriage even though Romania is needed by the European Union to recognize gay relationships and unions that have taken location in other countries. In 2005, it was declared unconstitutional for any individual to be denied access to in vitro fertilization or IVF. This included all women, including lesbians. In one aspect, the military, Romania is even further accepting of homosexuality than the U.S. Homosexual people are able to openly serve in the military although many still strive to hide their sexual orientation for fear of being discriminated against.

In 2006, it was made illegal to discriminate against homosexuals in terms of employment, education, housing situations, and health care to name a few. In 2006, it was also made illegal for individuals to have marches and give speeches denouncing homosexuals. This, however, is a law which has not been well enforced and many such events have proceeded without repercussions. Similar to the United States, Romania does not permit homosexual males to donate blood due to the believed increased risk that the individual has been infected with sexually transmitted diseases.

In order to make the gay community more visible, Bucharest celebrates the annual GayFest along with a Gay Film Nights festival which takes place in Cluj-Napoca. Despite this, the majority of rural Romania still remains anti-homosexual. Both GayFest and the Gay Film Nights festival are largely controversial and several social and political groups have spoken against their practice. For example, the March for Normality, an anti-homosexual parade, has been introduced on the same day as the Gay Fest parade by Noua Dreaptă, a very conservative social group. - 40727

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