Lesbian, gay, bisexual, and transgender (LGBT) persons in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
In May 2014, Amnesty International identified Serbia as one of a number of countries where there is a marked lack of will to tackle homophobia and transphobia, noting that public authorities had repeatedly banned pride marches on the basis of violent threats from homophobic groups. They had also failed to protect LGBT individuals and organizations from discrimination, including verbal and social media threats and physical attacks. The Belgrade Pride successfully took place in September 2014 in Belgrade. Since then, successful pride parades have been held every year, with local mayors and some government ministers regularly attending. In 2021, the association ILGA-Europe ranked Serbia 23rd in terms of LGBT rights out of 49 observed European countries.
In June 2017, Ana Brnabić became the Prime Minister of Serbia, as the first woman and first openly gay person to hold the office, and the second female LGBT head of government overall (after Jóhanna Sigurðardóttir of Iceland). She was also the first Serbian Prime Minister to attend a pride parade.
Law regarding same-sex sexual activity
Revolutionary Serbia (1804–1813) Although religious laws existed prohibiting same-sex love and relationships, expressions were common in both Orthodox Christian and Islamic society. The primary expression of same-sex love for Orthodox Christians were brotherhood unions known as "Pobratimstvo" (Adelphopoiesis). The early nineteenth century saw a time of relative turmoil for Serbia, with sporadic periods of stability. In 1804, Serbia gained its autonomy from the Ottoman Empire following two uprisings. Karađorđe's Criminal Code (Карађорђев криминални законик) was subsequently promulgated by the Serbian Jurisprudential Council (Praviteljstvujušči sovjet serbski) sometime in late spring or early summer 1807, and remained in force until 7 October 1813, when the Ottoman Empire re-gained control of Serbia. The Code penalised certain issues related to marital life and sexuality (such as forced marriage, rape, separation/divorce without the approval of a clerical court, and infanticide). It did not, however, mention same-sex sexual activity; and so homosexuality became effectively legal for a period of six years.
Principality of Serbia (1815–1882) In 1858, the Ottoman Empire, of which Serbia was nominally a vassal, legalized same-sex sexual intercourse.
However, the progressive reforms introduced by Prince Alexander Karađorđević and Prince Mihailo were overturned when Miloš Obrenović returned to power. In the first post-medieval Criminal Code of the Principality of Serbia, named "Kaznitelni zakon" (Law of Penalties), adopted in 1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment. Like in many other countries' legal documents of the time, lesbian sexuality was ignored and not mentioned.
Kingdom of Yugoslavia (1918–1941) In 1918, Serbia became a part of the Kingdom of Yugoslavia. At first, the new state effectively inherited the different laws that applied to the different territories that joined together (often contradictory). Eventually, the new Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse) between both heterosexuals and homosexuals.
SFR Yugoslavia (1945–1992)
The Socialist Federal Republic of Yugoslavia restricted the offence in 1959 to only apply to homosexual anal intercourse, and the maximum sentence was reduced from 2 to 1 year's imprisonment.
In 1977, same-sex sexual intercourse was legalized in the Socialist Autonomous Province of Vojvodina, while male same-sex sexual intercourse remained illegal in the rest of the Socialist Republic of Serbia (including the Socialist Autonomous Province of Kosovo). In 1990, Vojvodina was reincorporated into the legal system of Serbia, and male homosexuality once again become a criminal offence.