Lesbian, gay, bisexual, and transgender people in Kazakhstan face legal challenges not experienced by non-LGBT citizens. Both male and female same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Since the Dissolution of the Soviet Union, Kazakhstan decriminalised both male and female same-sex sexual activity in late 1997 de facto (since 1998 de jure) and the age of consent was equalised to that of heterosexual activity in late 1997 de facto (since 1998 de jure). Transgender people have been allowed to legally change their gender since 2003. LGBT people are also allowed to serve in the military since 2022. LGBT rights in Kazakhstan remain severely limited and homosexuality remains highly stigmatised in Kazakhstan society, with no LGBTQ NGOs, strong overtones of official intolerance and no equal rights on the basis of sexual orientation in areas such as employment, education, media, and the provision of goods and services, amongst others.
The influence of Islam and socially conservative attitudes against gay and lesbian men and women remain firmly entrenched throughout the country. Many people in Kazakhstan believe that homosexuality is a behavioural disorder, and many LGBT persons in Kazakhstan tend to hide their sexual orientation in public. Those who are "out" face harassment, violence and physical abuse.
History
Genghis Khan banned homosexual acts in the Mongol Empire and made them punishable by death.
LGBT history in Kazakhstan has been marked by periods of both tolerance and persecution and dates back to the early 20th century, when homosexuality was first decriminalised in 1917 following the October Revolution, which established the Soviet Union.
The Bolshevik government was influenced by the ideas of Magnus Hirschfeld, a German scientist who argued that homosexuality was a natural manifestation of human sexuality. However, in 1933 the Soviet Union re-criminalized homosexuality as part of a broader campaign against "deviant" behaviour. Discrimination against LGBT individuals persisted in the Soviet era, and homosexuality was not officially declassified as a mental illness until 16 July 1997 de facto, since 1998 de jure.
Legality of same-sex sexual activity
Decriminalisation process
Both male and female same-sex sexual activity have been legal in Kazakhstan since late 1997, when under the revised criminal code same-sex relations between consenting adults was no longer a criminal offence. Prior to 1997, Article 104 of the Penal Code of Kazakhstan used to criminalise "buggery". This legislation followed the corresponding Section 121 from the former Soviet Union, which only specifically criminalised anal intercourse between men. In late 1997 the law was repealed and replaced with a common age of consent for all sexual activity of 16 years. Lesbianism was never a criminal offence. In 1998, consensual sex between same-sex couples became lawful. There are currently no provisions in the Constitution of Kazakhstan that criminalise any aspect of same-sex sexual relations.
Gender identity and expression
Since 2003, transgender individuals have been allowed to change their legal gender on their official identity documents in Kazakhstan. People who wanted to change their gender had to receive a diagnosis of "gender identity disorder" involving several medical tests and a 30-day psychiatric evaluation.
In 2011, new guidelines were established and allowed change to identity documents only after sex reassignment surgery, physical and psychiatric medical examinations, hormone therapy and sterilization. Additionally, people under 21 are not allowed to change their gender on their official identity documents.
Recognition of same-sex relationships
Kazakhstan does not recognise same-sex marriage or civil unions.
Adoption and parenting
As of 2023, same-sex couples could not legally adopt children in Kazakhstan.
Discrimination protections
The violence and discrimination against LGBT people in Kazakhstan are fairly common and often not reported to the police. No laws exist yet in Kazakhstan that protect LGBT people from discrimination in employment, education, housing, health care, public accommodations or credit.
Blood donation
There are no restrictions on gay and bisexual men from donating blood by the Government of Kazakhstan.