LGBT rights in Russia

Current situation

Homophobia in Russia: Public opinion in Russia tends to be among the most hostile toward homosexuality in the world—outside predominantly Muslim countries and some parts of Africa and Asia—and the level of intolerance has been rising. A 2013 survey found that 74% of Russians said homosexuality should not be accepted by society (up from 60% in 2002), compared to 16% who said that homosexuality should be accepted by society. In a 2007 survey, 68% of Russians said homosexuality is always wrong (54%) or almost always wrong (14%). In a 2005 poll, 44% of Russians were in favor of making homosexual acts between consenting adults a criminal act; at the same time, 43% of Russians supported a legal ban on discrimination on the basis of sexual orientation. In 2013, 16% of Russians surveyed said that gay people should be isolated from society, 22% said they should be forced to undergo treatment, and 5% said homosexuals should be "liquidated". In Russian psychiatry, Soviet mentality about homosexuality has endured into the present day. For instance, in spite of the removal of homosexuality from the nomenclature of mental disorders, 62.5% of 450 surveyed psychiatrists in the Rostov Region view it as an illness, and up to three quarters view it as immoral behavior. The psychiatrists sustain the objections to pride parades and the use of veiled schemes to lay off openly lesbian and gay persons from schools, child care centers, and other public institutions. A Russian motorcycle club called the Night Wolves, which is closely associated with Russian President Vladimir Putin and which suggests "Death to faggots" as an alternate name for itself, organized a large Anti-Maidan rally in February 2015 at which a popular slogan was "We don't need Western ideology and gay parades!"

Same-sex marriage: Neither same-sex marriages nor civil unions of same-sex couples are allowed in Russia. In July 2013, Patriarch Kirill, the leader of the Russian Orthodox Church, of which approximately 41% of Russians are adherents, said that the idea of same-sex marriage was "a very dangerous sign of the Apocalypse". At a 2011 press conference, the head of the Moscow Registry Office, Irina Muravyova, declared: "Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia are doomed to fail. We live in a civil society, we are guided by the federal law, [and] by the Constitution that clearly says: marriage in Russia is between a man and a woman. Such a marriage [same-sex] cannot be contracted in Russia." The vast majority of the Russian public are also against same-sex marriage.

Military service: According to reporting in Pravda.ru, in the past some young Russians would claim they were gay as a pretense to avoid military service duty. The Major-General of the Medical Service attempted to change that in 2003 when he announced that under a new statute, homosexuality would not be a justification for exclusion from military service: "The issue of a person's homosexuality is not medical. There is no such diagnosis as homosexuality in medicine. There is no such illness in the classification of [the] World Health Organization. The new statute about military and medical expertise follows international law practice. Therefore the reasons for evaluating the ability to serve for homosexuals are the same: physical and mental health". However, he added that people of non-standard sexual orientation should not reveal their sexual orientation while serving in the army because "other soldiers are not going to like that, they can be beaten". President Vladimir Putin said in a U.S. television interview in 2010 that openly gay men were not excluded from military service in Russia. In 2013, it was reported that the Defense Ministry had issued a guideline on assessment of new recruits' mental health that recommends recruits be asked about their sexual history and be examined for certain types of tattoos, especially genital or buttocks tattoos, that would allegedly indicate a homosexual orientation.

Visibility of LGBT organizations & services: There is a visible LGBT community network, mostly in major cities like Moscow and Saint Petersburg, including nightclubs and political organizations.

Gay pride events: There have been notable objections to the organization of gay pride parades in several Russian cities, most prominently Moscow, where authorities have never approved a request to hold a gay pride rally. Former Moscow mayor Yuri Luzhkov supported the city's refusal to authorize the first two editions of Nikolay Alexeyev's Moscow Pride events, calling them as "satanic". The events still went on as planned, in defiance of their lack of authorization. In 2010, Russia was fined by the European Court of Human Rights, ruling that, as alleged by Alexeyev, Russian cities were discriminating against gays by refusing to authorize pride parades.. Although authorities had claimed allowing pride events to be held would pose a risk of violence, the Court ruled that their decisions "effectively approved of and supported groups who had called for [their] disruption." In August 2012, contravening the previous ruling, the Moscow City Court upheld a ruling blocking requests by the organizers of Moscow Pride for authorization to hold the parade yearly through 2112, citing the possibility of public disorder and a lack of support for such events by residents of Moscow.

Public opinion

Russia has traditionally been socially conservative on LGBT rights, with 2013 polls indicating a large majority of Russians oppose legal recognition of same-sex marriage and support laws discriminating against LGBT people.

Employment discrimination

Anton Krasovsky, a television news anchor at government-run KontrTV, was immediately fired from his job in January 2013 when he announced during a live broadcast that he is gay and disgusted by the national anti-gay "propaganda" legislation that had been proposed although had not yet passed.

In September 2013, a Khabarovsk teacher and gay rights activist, Alexandr Yermoshkin, was fired from his two jobs as school teacher and university researcher. A week earlier, he had been attacked by members of a local neo-nazi group "Shtolz Khabarovsk". A homophobic activist group called "Movement against the propaganda of sexual perversions" had campaigned for his dismissal.

Viewpoints of political parties

The federal law banning of LGBT propaganda among minors was passed unanimously by the Russian Duma; as the bill amended an existing child protection law, it is difficult to know whether or not all of the MPs, and their respective political parties, supported every aspect of the bill or not. A few political parties without members in the Duma, have expressed some, limited support for LGBT rights.

Yabloko is a member of the Liberal International, and has organized public demonstrations against intolerance under the banner of building a "Russia without pogroms."

The Libertarian Party of Russia, formed in 2007, has objected to the government ban on "gay propaganda" as a violation of people's right to freedom of speech.

In 2016, two openly gay men ran for seats in the Russian duma. While they admit that they probably will not win a seat, they are supported by a liberal coalition. They are also probably the first openly gay candidates to run for seats in the Russian parliament [4].

Hate crimes

Unlike in many western nations, LGBT persons in Russia are not protected by specific legal protections. Violent criminal acts carried out against these persons are prosecuted as criminal offenses under Russian law, but the fact that these crimes are motivated by the sexual orientation or gender identity of the victim is not considered an aggravating factor when the court determines the sentence. Among the more vicious crimes that would qualify as hate crimes outside of Russia and are reported in the press would include the following;

Transgender issues

In Tsarist Russia, young women would sometimes pose as men or act like tomboys. This was often tolerated among the educated middle classes, with the assumption that such behavior was asexual and would stop when the girl married. However, cross-dressing was widely seen as sexually immoral behavior, punishable by God promoted through the Church and later criminalized by the government.

In Soviet Russia, sex reassignment surgeries were first tried during the 1920s but became prohibited until the 1960s. Later they were performed by Prof. Irina Golubeva, an endocrinologist, authorized by psychiatrist Prof. Aron Belkin, who was the strongest Soviet advocate for transgender people until his death in 2003.

On 29 December 2014, Russia passed a road safety law, allowing the government to deny driver's licenses to people with several classes of mental disorders according to ICD-10. Class "F60-69 Disorders of adult personality and behaviour" includes "F64 Transsexualism" Russian and foreign critics perceived the law as a ban on transgender drivers: Yelena Masyuk questioned the relevance of a person's transgender identity in regards to their ability to drive. On 14 January 2015, Russia's Health Ministry clarified the law, stating that it would only deny licenses to those with disorders that would impair their ability to drive safely, and explicitly stated that one's sexual orientation would not be considered a factor under the law, as it is not considered a psychiatric disorder. The World Health Organization also stated that it planned to review its list of "sexual disorders" to account for modern developments.

Propaganda bans

Federal laws passed on 29 June 2013 ban the distribution of "propaganda" to minors which promotes "non-traditional sexual relationships". Critics contend the law makes illegal holding any sort of public demonstration in favour of gay rights, speak in defence of LGBT rights, and distribute material related to LGBT culture, or to state that same-sex relationships are equal to heterosexual relationships. Additionally the laws have received international condemnation from human rights campaigners, and media outlets that even displays of LGBT symbols, such as the rainbow flag, have resulted in arrests, and incited homophobic violence, like is documented in the Channel 4 documentary Hunted which followed anti-gay groups as they lured young gay men into traps where they were humiliated, with the footage later posted online.

Regional laws

Between 2006 and 2013, ten regions enacted a ban on "propaganda of homosexualism" among minors. The laws of nine of them prescribe punishments of administrative sanctions and/or fines. The laws in some of the regions also forbid so-called "propaganda of bisexualism and transgenderism" to minors. As of May 2013 the regions that had enacted these various laws, and the years in which they had passed the laws, included: Ryazan Oblast (2006), Arkhangelsk Oblast (2011), Saint Petersburg (2012), Kostroma Oblast (2012), Magadan Oblast (2012), Novosibirsk Oblast (2012), Krasnodar Krai (2012), Samara Oblast (2012), Bashkortostan (2012), and Kaliningrad Oblast (February 2013). Then, Arkhangelsk (2013) and Saint Peterburg (2014) removed the law.

National laws

In June 2013 the national parliament (the State Duma) unanimously adopted, and President Vladimir Putin signed, a nationwide law banning distribution of materials promoting LGBT relationships among minors. The law does not explicitly mention the word "homosexuality", but instead uses the euphemism "non-traditional sexual relationships". Under the statute it is effectively illegal to perform any of the following in the presence of minors: hold gay pride events, speak in favor of gay rights, or say that gay relationships are equal to heterosexual relationships.

The law subjects Russian citizens found guilty to fines of up to 5,000 rubles and public officials to fines of up to 50,000 rubles. Organizations or businesses will be fined up to 1 million rubles and be forced to cease operations for up to 90 days. Foreigners may be arrested and detained for up to 15 days then deported, as well as fined up to 100,000 rubles. Russian citizens who have used the Internet or media to promote "non-traditional relations" will be fined up to 100,000 rubles.

The statute amended a law that is said to protect children from pornography and other "harmful information". One of the authors of the statute, Yelena Mizulina, who is the chair of the Duma's Committee on Family, Women, and Children and who has been described by some as a moral crusader, told lawmakers as the bill was being considered, "Traditional sexual relations are relations between a man and a woman.... These relations need special protection". Mizulina argued that a recent poll had shown 88% of the public were in support of the bill.

Commenting on the bill prior to its passage, President Putin said, during a visit to Amsterdam in April 2013, "I want everyone to understand that in Russia there are no infringements on sexual minorities' rights. They're people, just like everyone else, and they enjoy full rights and freedoms". He went on to say that he fully intended to sign the bill because the Russian people demanded it. As he put it, "Can you imagine an organization promoting pedophilia in Russia? I think people in many Russian regions would have started to take up arms.... The same is true for sexual minorities: I can hardly imagine same-sex marriages being allowed in Chechnya. Can you imagine it? It would have resulted in human casualties." Putin also mentioned that he was concerned about Russia's low birth-rate and that same-sex relationships do not produce children.

Critics say that the statute is written so broadly that it is in effect a complete ban on the gay rights movement and any public expression of LGBT culture.

In July 2013, four Dutch tourists were arrested for allegedly discussing gay rights with Russian youths. The four were arrested for allegedly spreading "propaganda of nontraditional relationships among the under-aged" after talking to teens at a camp in the northern city of Murmansk.

Domestic reactions

According to a survey conducted in June 2013 by the Russian Public Opinion Research Center (VTsIOM), at least 90% of those surveyed were in favor of the law.

Some of Russia's biggest stars, including Dima Bilan, Philipp Kirkorov and Nikolay Baskov, voiced their opposition to the laws. Other stars such as Valeriya support the anti-gay laws. In February 2012, the feminist protest band Pussy Riot put on a controversial performance within Moscow's Cathedral of Christ the Savior to protest the Orthodox Church's political support of President Vladimir Putin, which included his stance on LGBT rights in Russia. Weeks after the performance, three members of the band were arrested and charged with "hooliganism motivated by religious hatred", which then sparked a global protest movement against the trio's arrest.

Russian Sports Minister Vitaly Mutko, responding to questions raised in the international community about the implications of the new law on the upcoming 2014 Winter Olympics Games in Sochi said the controversy over Russia's anti-gay propaganda law is an "invented problem" created by the Western media and that the law does not discriminate against anyone. He said that the law is intended to protect the right of children, whose young minds are still developing, from being exposed to propaganda about non-traditional sexual relationships, in the same way that children should be protected from messages promoting alcoholism and drug abuse. He also said that the rights of all Olympic athletes, organisers, and visitors in Sochi would be respected. "An athlete of non-traditional sexual orientation isn't banned from coming to Sochi. But if he goes out into the streets and starts to propagandize, then of course he will be held accountable".

The screenplay writer, Yuri Arabov, who is working on a new biopic of Pyotr Ilyich Tchaikovsky due to be released in 2015, has claimed that "it is far from a fact that Tchaikovsky was a homosexual," this is held in tension with the majority of scholars that acknowledge Tchaikovsky was definitely homosexual. He further added that he would "not sign my name to a film that advertises homosexuality". The film has been given Russian government funding, and Arabov's claim has been reinforced by Russia's culture minister, Vladimir Medinsky, who when questioned on the issue claimed: "Arabov is actually right – there is no evidence that Tchaikovsky was a homosexual." Scholars have pointed out that Tchaikovsky's homosexuality is in fact extensively documented in the composer's personal papers and correspondence. There has been speculation in the Western press that the removal of all evidence of Tchaikovsky's homosexuality in the film – promoted by its director Kirill Serebrennikov as "the true story of the tragic love and death of the brilliant Russian composer" - is in response to Russia's anti-gay propaganda law. Russian human rights activist Lyudmila Alexeyeva described the passing of the law as "a step toward the Middle Ages."

On 12 October 2013 a demonstration was organised by 15 to 20 LGBT rights activists in Russia's second largest city Saint Petersburg against the new law banning "homosexual propaganda" on the day after the National Coming Out Day. The demonstration was blocked by far-right groups, such as radical Orthodox Christians, Cossack paramilitaries and nationalists. After a fight broke out between the groups, the police arrested 67 people from the two opposing groups.

Political parties in Russia have generally been reluctant to oppose this or other discriminatory policies against the LGBT community due to prevailing public opinion and the fact that the current laws effectively criminalize public support for LGBT-rights. Only a handful of small political parties have expressed any support for LGBT-rights.

The Libertarian Party of Russia sees the ban on "promoting" homosexuality as a violation of the right to the freedom of speech and expression.

International reactions and boycott

International human rights organisations and the governments of developed democracies around the world have strongly condemned this Russian law. The Office of the United Nations High Commissioner for Human Rights has condemned this Russian statute and another similar one in Moldova (which was later repealed) as discriminatory and has made clear that the Russian statute in question is a violation of international human rights law, including the right of gay children to receive proper information. The European Parliament has condemned Russia for homophobic discrimination and censorship and the Council of Europe has called on Russia to protect LGBT rights properly. The European Court of Human Rights had previously fined Russia for other infringements of LGBT rights. In 2012 the UN Human Rights Committee ruled that a similar statute in the Russia's Ryazan Region was discriminatory, infringed on freedom of expression, and was inadmissible under international law—a Russian court in Ryazan later agreed and struck it down. Some members of the gay community commenced a boycott of Russian goods, particularly Russian vodka. Notable individuals have also responded to that ban.

Many Western celebrities and activists are openly opposed to the law and have encouraged a boycott of Russian products—notably Russian vodka—as well as a boycott of the 2014 Winter Olympic Games, which were scheduled to be held in Sochi, unless the Games were relocated out of Russia. The boycott against Stolichnaya vodka was called off after the owners publicly explained they were not a Russian company after all, were supporters of the LGBT community, and were opposed to the anti-gay laws. Also a game to dress up Putin as a gay man was released during Sochi's Olympics to support the LGBT community and reached more than 500,000 players. Tying into the international spotlight of the February 2014 Olympic games, months of protests took place before the Games, with many campaigns targeted at the worldwide Olympic sponsors.

Political figures

United States President Barack Obama said that while he did not favour boycotting the Sochi Olympics over the law, "Nobody's more offended than me about some of the anti-gay and lesbian legislation that you've been seeing in Russia". Obama subsequently, in September 2013, met with Russian gay rights activists during a visit to St. Petersburg to attend a meeting of the G-20 nations' leaders. Obama said that he was proud of the work the activists were doing. His aides had said that Obama's opposition to the anti-gay propaganda law was one reason Obama had canceled a meeting previously planned to have been held with Russian President Putin during the trip.

The law was also condemned by German Chancellor Angela Merkel and German cabinet secretaries, British Prime Minister David Cameron, Australian Foreign Minister Bob Carr, as well as Canadian Prime Minister Stephen Harper and Foreign Affairs Minister John Baird.

Celebrities

Athletes

Others