Lesbian, gay, bisexual and transgender (LGBT) people in Bhutan face legal challenges that are not faced by non-LGBT people. Same-sex sexual activity was decriminalised in Bhutan on 17 February 2021.
In recent years, due to opening up more to the outside world, Bhutanese LGBT people have started to publicly come out and establish visible outlets for the LGBT community. Therefore, attitudes among the general population are changing.
Legality of same-sex sexual activity
As amended in 2021, Section 213 of the Bhutan Penal Code states: A defendant shall be guilty of the offence of unnatural sex, if the defendant engages in sexual conduct that is against the order of nature. However, homosexuality between adults shall not be considered unnatural sex. Previously, the code said a defendant was guilty of unnatural sex "if the defendant engages in sodomy or any other sexual conduct that is against the order of nature." This law jailed LGBT people up to a year with fines. Efforts to repeal the sodomy ban began in 2019, during a review of the Penal Code. In December 2020, the Parliament of Bhutan passed legislation decriminalizing same-sex sexual activity with 63 votes in favor and 6 abstentions. The bill was signed into law and took effect on 17 February 2021. The age of consent is set at 18 years old, regardless of gender.
Decriminalisation process
Some members of the Parliament of Bhutan had publicly called for the laws to be repealed as early as 2013.
On 29 May 2019, the Penal Code (Amendment) Bill 2019 () was introduced by the Chairperson of the Legislative Committee, MP Tshewang Lhamo (DNT), to the Parliament. At first, the removal of sections 213 and 214 was not proposed in the bill. However, the Minister of Finance, Namgay Tshering (DNT), suggested the change as a comment and said that section 213 should be changed "to keep up with the times". The Legislative Committee of the National Assembly was supportive. When the bill was referred to the Legislative Committee, it decided to take the Finance Minister's suggestion seriously, and asked him to give it in writing, which the Finance Minister agreed to do, and allowing the committee the ability to propose it as an amendment. Tshering said "My primary reason is that this section is there since 2004 but it has become so redundant and has never been enforced. It is also an eyesore for international human rights bodies.", and that the sections had become "a stain" on the country's reputation.
On 7 June 2019, the National Assembly approved the bill in a first reading. On 10 June 2019, the bill passed the second and final reading with 38 votes in favour and 1 vote against, with 5 absentations. The bill was sent to the National Council for the winter session 6 months later. On 10 February 2020, the Council approved it with amendments by 19 votes in favour and 6 abstentions. Having been amended, the bill was sent back to the lower house, which adopted it on 27 February by a vote of 34–1 with 7 abstentions, but rejected 32 of the 56 amendments proposed by the upper house. This meant that the legislation was sent to a joint committee for reviews and voted on by a joint sitting of both chambers. The joint committee convened on 7 October 2020. In December 2020, the Parliament passed the bill with 63 votes in favor and 6 abstentions in the joint sitting, decriminalizing same-sex sexual activity. The bill was signed into law by King Jigme Khesar Namgyel Wangchuck, and came into force on 17 February 2021.
Recognition of same-sex relationship
Bhutan does not provide any form of legal recognition for same-sex couples.
Tashi Tsheten, director of Rainbow Bhutan, said that a marriage bill with gender-neutral pronouns was discussed during the 2018 summer parliamentary session but was deferred due to the 2018 parliamentary election. However, a progressive government was elected in that election, and Tsheten and the LGBT community expressed their belief that the conversation around the bill would be revived.
Blood donation
According to the Bhutan Medical and Health Council, anyone in good health aged at least 18 years and weighing at least 45 kg (100 lbs) may donate. Until recently, there had been a few restrictions on blood donations in Bhutan. However, this does not legalize LGBT donors.