Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents. Vague laws against indecency are used to target gender and sexual minorities. Discussion of homosexuality has also been allowed in Bahrain since the 1990s.
Same-sex activity was illegal in Bahrain while it was British Protectorate, however a new Penal Code enacted in 1976 removed any laws prohibiting consensual acts between adults regardless of gender. Attempts have been made to restrict the rights of LGBT individuals, however none have gone through. Individuals have also been able to change their legal gender since June 2007.
Legality of same-sex sexual acts
Homosexual acts were first criminalised in Bahrain as sodomy while it was a protectorate of the British. Similar laws were imposed throughout the British Empire in nearly all of its colonies; these were mostly modelled on the original 1860 Section 377, introduced in India by the Raj.
A new Penal Code was enacted in March 1976, repealing the Penal Code of the Persian Gulf that was imposed by the British. The new penal code does not prohibit private, non-commercial acts of homosexuality between consenting adults; for the purposes of this law, "adults" are at least 21 years old.
Although no law explicitly criminalizes same-sex relations, authorities have used vague penal code provisions against "indecency" and "immorality" to target sexual and gender minorities. There is no law that prohibits discrimination on the grounds of gender identity or sexual orientation. Although no legislation specifically criminalises same-sex relationships, authorities have targeted sexual and gender minorities by using ambiguous penal code sections against "indecency" and "immorality" (fujoor). There is no legislation prohibiting discrimination based on gender identity or sexual orientation. There are several other parts of the penal code that can be used against LGBT people.
In September 2013, it was announced that all Gulf Cooperative Countries had agreed to discuss a proposal to establish some form of, yet unknown, testing in order to ban gay foreigners from entering any of the countries. However, it has been suggested that concern for hosting 2022 FIFA World Cup in Qatar, and fears for controversy in a case that football fans would have been screened, made officials backtrack the plans and insist that it was a mere proposal.
In October 2021, members of parliament proposed a bill to amend the penal code; this would include renaming one of its chapters "Debauchery, Prostitution, and Perversion", and the addition of two articles criminalizing "[raising] a flag, slogan, or any sign symbolizing homosexuals", "[promoting] the ideas and beliefs of homosexuals" and "[inviting, organizing or attending] any gathering or meeting of homosexuals", punishable by up to 5 years' imprisonment and a fine of 3,000-5,000 dinars. The term used in the bill to refer to homosexuals is the derogatory "Al-shawadh Jinsian" ().
Related penal code concerns
Article 324 of the penal code prohibits enticing another person to commit prostitution or "fojoor" (which translates to "immorality" and seems to have vagueness in terms of its legal definition). This particular law has increasingly been used to crack down on men who wear women's clothing in public. Articles 325-327 involves forcing of others to become prostitutes. Article 328 of the penal code prohibits running a place for prostitution or fojoor. Article 329 of the penal code prohibits people from public solicitation involving prostitution or fojoor. Article 330 of the penal code states that anyone who is charged with an act of prostitution or fujoor is to be taken to a hospital and tested for sexually transmitted diseases. If they have such diseases, the law stipulates that they be relocated to a medical facility for treatment. Article 350 of the penal code prohibits any sort of public indecency. Article 354 of the penal code prohibits cursing or using words or signs on a street or other public place for the purposes of indulging in immoral behavior.
Articles 324, 329 and 350 can be used against Homosexuals, this means that any citizen caught doing something that does not follow local Islamic traditions then they would be arrested (e.g. a local Gay couple showing affection in public, owning a rainbow flag, or even declaring one's own homosexuality can be considered public immorality and promoting "fujoor").
For Bahraini Muslims, marriage is defined and otherwise regulated by The National Personal Status Law (2017), which does not recognize same-sex marriages.