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LGBTQ rights in Mato Grosso do Sul

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Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Brazilian state of Mato Grosso do Sul enjoy many of the same legal protections available to non-LGBTQ people. Homosexuality is legal in the state.

Gender identityGender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018
Discrimination protectionsYes, since 1989 for sexual orientation and since 2019 for gender identity
Quick facts Legal status, Gender identity ...
LGBTQ rights in Mato Grosso do Sul
Legal statusLegal since 1830,[1] age of consent equalised
Gender identityGender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018
MilitaryAllowed to serve openly[3]
Discrimination protectionsYes, since 1989 for sexual orientation and since 2019 for gender identity
Family rights
Recognition of relationshipsSame-sex marriage since 2011[4][5]
AdoptionLegal since 2010[6]
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Laws against discrimination

Mato Grosso do Sul was among the first states in Brazil to enact a state constitution banning discrimination on the basis of sexual orientation, doing so in 1989 alongside the state of Sergipe.[7]

Recognition of same-sex unions

On 2 April 2013, the Court of Mato Grosso do Sul authorizes marriage between same-sex couples in the state.[8][9]

Gender identity and expression

In March 2026, the Campo Grande City Council approved, by a vote of 13–11, a bill prohibiting transgender women from using women's public restrooms.[10] On April 22, the city's mayor, Adriane Lopes (PP), signed the bill into law.[11][12] On March 28, the law was reported to the Public Prosecutor's Office of Mato Grosso do Sul.[13] On April 29, the Public Defender's Office of Mato Grosso do Sul opened an investigation to examine the city's law.[14] On May 5th, Congresswoman Erika Hilton denounced the law to the Brazilian Federal Prosecution Office.[15]

On 18 July 2026, the Public Defender's Office of Mato Grosso do Sul announced that non-binary people could change their documents to reflect their gender identity through court decisions.[16]

Education

On 21 July 1995, Mato Grosso do Sul passed a law making the subject of "sexual orientation" mandatory for 5th and 6th grade students in state schools.[17]

On 8 December 2021, the Legislative Assembly of Mato Grosso do Sul approved a bill prohibiting the teaching of gender-neutral language in schools.[18] The state governor, Reinaldo Azambuja (PSDB), signed the bill into law on 30 December.[18]

In 2023, Supreme Federal Court (STF) revoked several bills, and suspended the MS law that forbidding gender-neutral neologisms in state schools.[19][20] In 2024, STF kept the suspensions,[21][22] and expanded the vetos from 2025 to 2026.[23][24]

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 1989 for sexual orientation;[7] Since 2019 for gender identity)
Anti-discrimination laws in the provision of goods and services Yes (Since 1989 for sexual orientation;[7] Since 2019 for gender identity)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Yes (Since 1989 for sexual orientation;[7] Since 2019 for gender identity)
LGBTQ anti-bullying law in public and private schools Yes/No (Teaching gender-neutral language has been banned since 2021)[18]
Transgender people allowed to use restrooms and other gender-segregated spaces that correspond with their gender identity Yes/No (Banned in Campo Grande since 2026)[11]
Same-sex marriages Yes (Since 2013)
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)
Third gender option Yes (Since 2026 through a court decision)[16]
Conversion therapy by medical professionals banned Yes (Since 1999 for homosexuals and since 2018 for transgender people)[25][26]
Access to IVF for lesbians Yes (Since 2013)[27]
Commercial surrogacy for gay male couples No (Banned for any couple regardless of sexual orientation)
MSMs allowed to donate blood Yes (Since 2020)[28]

References

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