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LGBTQ rights in Alagoas

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Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Brazilian state of Alagoas enjoy many of the same legal protections available to non-LGBTQ people. It was the first Brazilian state to recognize same-sex marriages without requiring judicial approval.[7]

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Recognition of same-sex unions

On December 7, 2011, the Court of Alagoas legalized same-sex marriage throughout the state of Alagoas, being the first Brazilian state to do so. Same-sex couples don't need to have judge's approval to have a marriage license.[8]

Gender identity and expression

In March 2018, the Brazilian Supreme Federal Court unanimously ruled that transgender people may change their legal gender without undergoing surgery or hormonal therapy, which were previously requirements. A transgender individual seeking to change their gender to reflect their gender identity can now simply apply to do so at a registry post in the country, without the need of a judicial document or any medical report.[9]

On October 15, 2021, Fênix da Silva Leite became the first non-binary person to change their documents in the state, through a court decision.[10]

Discrimination protections

In March 22, 2001, the Legislative Assembly of Alagoas enacted Constitutional Amendment No. 23, prohibiting discrimination based on sexual orientation.[11]

Since 2019, discrimination based on gender identity has been prohibited nationwide in Brazil, through a decision by the Supreme Federal Court.[12]

Censorship

On May 5, 2016,[13] Alagoas enacted a law establishing the Escola Livre program (lit.'Free School'), which prohibits "ideological and political indoctrination" in the state's schools.[14][15] On March 21, 2017, Supreme Court Justice Luís Roberto Barroso suspended the law through a preliminary injunction.[14]

On March 3, 2026, the Legislative Assembly of Alagoas enacted a law prohibiting the participation of children and adolescents in pride parades in the state.[16] The law was challenged in the Supreme Federal Court by LGBTQ rights organizations.[17][18]

Summary table

Same-sex sexual activity legal Yes (Since 1830)
Equal age of consent Yes (Since 1830)
Anti-discrimination laws in employment only Yes (Since 2001 for sexual orientation; since 2019 for gender identity)
Anti-discrimination laws in the provision of goods and services Yes (Since 2001 for sexual orientation; since 2019 for gender identity)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes (Since 2001 for sexual orientation; since 2019 for gender identity)
LGBTQ subjects free from censorship in education Yes (Since 2017; ban revoked)[14]
Freedom of expression Yes/No (Restricted at pride parades since 2026)[17]
Same-sex marriages Yes (Since 2011)[8]
Recognition of same-sex couples Yes (Since 2011)
Stepchild adoption by same-sex couples Yes (Officially permitted since 2010)
Joint adoption by same-sex couples Yes (Officially permitted since 2010)
LGBTQ people allowed to serve openly in the military Yes
Right to change legal gender Yes (Since 2008; gender self-identification since 2018)[9]
Third gender option Yes/No (Allowed in one case by court order)[10]
Conversion therapy by medical professionals banned Yes (Since 1999 for homosexuals and since 2018 for transgender people)[19][20]
Access to IVF for lesbians Yes (Since 2013)[21]
Commercial surrogacy for gay male couples No (Banned for any couple regardless of sexual orientation)
MSMs allowed to donate blood Yes (Since 2020)[22]

References

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