A prominent Iraqi cleric has also broken the silence and condemned violence against the LGBT community. Sodomy was re-criminalized by a resolution, but only when it involved prostitution. Kingdom of Iraq[ edit ] Iraqi Republic[ edit ] The Criminal Code of , enacted by the Ba'athist party, only criminalized sexual behavior in cases of adultery, incest, rape, prostitution, public acts or cases involving fraud or someone unable to give consent due to age or mental defect. Likewise nothing is expressly said in the national penal code about cross-dressing, unless used for deception. Yet, several provisions of the national penal code may impact the legal rights of LGBT people, given that prevailing cultural and religious mores view homosexuality and cross-dressing negatively.
Any person who insults another is punishable by a period of detention not exceeding 1 year plus a fine not exceeding dinars or by one of those penalties. A prominent Iraqi cleric has also broken the silence and condemned violence against the LGBT community. They mainly post in Kurdish, but after a survey, they decided to post in English as well, and occasionally adding Arabic texts to their posts on Facebook. In the United Nations, the Iraqi delegation cited religion at the time as their reasoning for opposing efforts to have the international body support gay rights , challenging the widely held view of Saddam as a secularist. The same penalty applies to any person who advertises such material or displays it in public or sells, hires or offers it for sale or hire even though it is not in public or to any person who distributes or submits it for distribution by any means. Yet, several provisions of the national penal code may impact the legal rights of LGBT people, given that prevailing cultural and religious mores view homosexuality and cross-dressing negatively. The penalty will be a term of imprisonment not exceeding 10 years if the spouse, in respect of whom the reason for the invalidity has arisen, conceals that fact from his partner or consummates the marriage on the basis of the invalid certificate. If the offense is committed with intent to deprave, it is considered to be an aggravating circumstances. Ali al-Dabbagh, Prime Minister Maliki's spokesperson has denied organized persecution against the LGBT community but has suggested that members of the community keep their homosexuality private in order to avoid persecution. If such insult Is published in a newspaper or publication or medium it is considered an aggravating circumstance. They post scientific articles in favor of gays and why oppression against them should be classified as a crime. The Military Penal Law No. This provision was added to the law in Paragraph — The following persons are punishable by a period of detention not exceeding 1 year plus a fine not exceeding dinars or by one of those penalties: Paragraph — 1 The following persons are punishable by a period of detention not exceeding 3 months plus a fine not exceeding 30 dinars or by one of those penalties: Paragraph — If five or more people are assembled in a public place, thereby endangering the public security and the public authorities order them to disperse, any person who is given that order and refuses to comply with it is punishable by a period of detention not exceeding 1 year plus a fine not exceeding dinars or by one of those penalties. Homosexuality per se was not a crime, but could be justification for government discrimination and harassment under laws designed to protect national security and public morality. It speaks of a "seignior" high social figure in the community and his "neighbor" someone of equal social status: Paragraph — Any person who himself or through some mechanical means sings or broadcasts in a public place obscene or indecent songs or statements is punishable by a period of detention not exceeding 1 year or by a fine not exceeding dinars. Personal status law[ edit ] These are laws used in special courts designed to handle certain disputes among Iraqi Muslims, especially as it applies to marriage, divorce, alimony, and inheritance. Male homosexuality still a taboo. The Iraqi Kurdistan Personal Status Law also has some relevant provisions; Article 1 - Marriage is defined as a voluntary union between a man and a woman to create a family. The people involved should be killed in the worst, most severe way of killing". The article also stated that the amendment to the criminal code stipulating the death penalty for homosexuality "has not been changed", even through Paul Bremer clearly ordered the criminal code to go back to its s edition. The organization is focusing on online activism and encourages the Iraqi government to officially establish rights for the Kurdish and Iraqi LGBTQ community. In addition to a ban on same-sex marriage, these public morality-based laws impose restrictions on the freedom of speech, press and personal expression.
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