Editing Sex and the law (section)

== LGBT rights ==
{{main|LGBT rights by country or territory}}
{{Further|Capital punishment for homosexuality|Intersex human rights|Intersex medical interventions|Legal recognition of intersex people|Legal recognition of non-binary gender|Same-sex marriage|Sodomy law}}
In some states, sex between members of the same sex, or between men, is illegal. In a report done in 2013, the [[International Lesbian, Gay, Bisexual, Trans and Intersex Association]] (ILGA) indicated that homosexuality is still criminalized in some form in 76 states, with a high concentration of these states in the Middle East, Africa, and parts of Asia. Scholars have found that religion plays an important role in the legislation criminalizing sodomy. Countries that are predominately Muslim, for example, are less likely to decriminalize acts of sodomy as these acts are in direct contradiction with Islamic traditions. While quantitative research has not proven a link between the continued criminalization of sodomy and Christianity, there are many Protestant denominations, as well as the [[Catholic Church]], that oppose the practice of homosexuality. While one might expect that the decriminalization of sodomy laws would support the mobilization of lesbian and gay rights, this is not necessarily the case, as there is debate on whether or a direct link exists between the two. In legislation regarding sodomy, there is typically no explicit statements given in the support of gay and lesbian rights since the reforms generally the result of a large emendation to penal code. There is some evidence in support of the opposite effect, as the re-criminalization of sodomy in India in 2013 caused a resurgence of gay rights activism.<ref name=":0" />

In studying the changes of sodomy statutes, Frank et al. (2009) found that between 1945 and 2005, "90 percent of all modifications involved liberalization in some way" of non-heterosexual acts. This was seen as evidence of a "sodomy-law reform wave." During the same period, however, eight countries expanded their laws regarding sodomy. In January 2014, Nigeria expanded their criminalization of homosexuality by passing legislation to enforce more severe penalties including a ban against same-sex marriage and participation in any gay organizations. Sodomy laws, however, are rarely used to penalize consensual acts, involving adults, that occur in private. In the 1970s, the only arrests (in the US) involving consensual, non-heterosexual acts were in public or quasi-public. While many sodomy laws are concerned with sexual acts as opposed to sexual orientations, the legislation is often interpreted as if being gay or lesbian is sufficient evidence to deem someone guilty as to having engaged in criminal acts. This led US judges to deny parents' custody of their children, student groups were not granted recognition by university officials, and many legislators were opposed to civil rights bills that included sexual orientation.<ref name=":0" />

Many revisions to sodomy laws were not a part of large government transitions, but rather included as a part of other general revisions of criminal legislation. There are two main pathways in which sodomy laws have been decriminalized: judicial invalidation and repeal of the law by vote of legislation. The United States did not decriminalize sodomy nationwide until 2003; however, many states, based on the council of judges and lawyers, did decriminalize sodomy as early as 1961.<ref name=":0">{{Cite book|url=https://books.google.com/books?id=cnmMCgAAQBAJ&q=laws+involving+homosexuality&pg=PA275|title=The Ashgate Research Companion to Lesbian and Gay Activism|language=en|access-date=23 March 2018|isbn=9781409457091|last1=Tremblay|first1=Manon|last2=Paternotte|first2=David|date=28 September 2015|publisher=Ashgate Publishing }}</ref>

During the rise of Putin, Russia has seen a resurgence in "religious conservatism" which has resulted in the indirect re-criminalizing homosexuality. An amendment was made to Russian legislation in 2013 that emphasizes the protection of children from information that could be deemed as damaging to their mental health and development. In the amendment to the Federal Law of Russian Federation no. 436-FZ, "propaganda" of non-traditional sexual relationships among minors was classified as harmful, and while the law does not criminalize homosexuality directly, it has created a hostile environment for LGBT activism. The US and Europe have condemned Russia's actions, but despite the domestic and international pushback, the Russian anti-LGBT propaganda law still stands.<ref>{{Cite web|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/mjgt24&div=20&id=&page=|title=Love in the Time of Propaganda: Russian Anti-LGBT Laws, the International Legal Response and Future Implications 24 - Minnesota Journal of International Law 2015|website=heinonline.org|access-date=23 March 2018}}</ref>