Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Georgia face significant challenges not experienced by non-LGBTQ residents. However, Georgia is one of the few post-Soviet states (others being the Baltic states, Moldova, and Ukraine) that directly prohibits discrimination against all LGBTQ people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution.ILGA-Europe, President of Georgia signs anti-discrimination amendment 20 April 2012

Despite this, homosexuality is considered a major deviation from the highly traditional Orthodox Christian values prevalent in the country, where public discussions of sexuality in general tend to be viewed in a highly negative light. Consequently, homosexuals are often targets of abuse and physical violence, often actively encouraged by religious leaders.

LGBTQ events regularly face significant opposition and are often cancelled in the face of violence. LGBTQ rights activists were unable to hold their events due to violent opposition in 2012, 2013, 2021 and 2023. According to the 2021 International Social Survey Programme (ISSIP) study, 84% of the Georgian public thinks that sexual relations between two adults of the same sex are always wrong, which is the highest score in Europe. Per World Values Survey study published in 2022, 91% of the Georgian public thinks that homosexuality is not justifiable.

In 2024, the Parliament of Georgia passed the legislative package "On Family Values and Protection of Minors", which banned "LGBTQ propaganda" in the country.

History and legality of same-sex sexual activity

Historically, homosexual acts are condemned by the Georgian Orthodox Church. After the age of the Great Turkish Invasion, David IV, who liberated Georgia from Seljuk rule, brought the church under state control and convened the 1104 Church Synod at Ruisi cathedral and Urbnisi monastery. The longest article of the memorandum summarizing the synod's resolutions denounced sodomy stating that it "brought down the high reign of the Persians and the eternal reign of the Romans to the level of wild beasts". Later, under Heraclius II of Kartli-Kakheti, homosexuality was punishable by torture and execution.

In the 19th century, Georgia was incorporated into the Russian Empire. In 1835, the Digest of Laws of the Russian Empire was enacted, which was also used in Georgia as in other parts of Russia. Under this new criminal code, homosexuality was punishable by stripping of all rights and forced resettlement to Siberia. Later the punishment was replaced by imprisonment from four to five years. Recent research by Shorena Gabunia argues that homosexuality was tolerated among Kinto community at the time, who were mostly Armenian traders and entertainers in 19th-century Tbilisi. It is alleged that because the Kintos were a marginalized group, the authorities turned a blind eye on their sexual practices.

After the February Revolution, which saw the monarchy in Russia being overthrown, the czarist criminal code was abolished, making homosexuality legal. The ban in Georgia was reintroduced in 1924, even though the Soviet policy on homosexuality in these years was considerably mild, as Lenin and other Bolsheviks did not consider homosexuality to be a crime, and even deemed czarist policy toward homosexuals oppressive and campaigned against what they thought to be "bourgeois morality". Moreover, no ban was introduced on homosexuality in Russia after the October Revolution. However, many Bolsheviks thought that homosexuality in the Caucasus region was more of a cultural phenomenon, widespread because of the "cultural backwardness" of the native population, caused by more backward social conditions compared to other parts of Soviet Union. Therefore, they thought that adopting a ban on homosexuality for Caucasian nations to be a necessary act in order to overcome "cultural backwardness".

Views toward homosexuality changed radically while Stalin consolidated his power in the 1930s. Stalin, who was natively from Georgia, proceeded to introduce a nationwide ban on male homosexuality in 1933, with a penalty of up to five years of hard labor in prison. The precise reason for the law is still in dispute. The leadership of the Soviet Union explained this shift in policy with Soviet medical research, which concluded that homosexuality was a mental disease. Soviet authorities also described homosexuality as a remnant of capitalist society, thus declaring homosexuals to be counter-revolutionary and enemies of the people. Some historians have suggested that Joseph Stalin's enactment of the anti-gay law was, like his prohibition on abortion, an attempt to increase the Soviet birthrate. The article outlawing homosexuality was also used by Soviet authorities against dissident movements, with many activists being arrested on trumped-up sodomy charges.

Since Georgia obtained its independence from the Soviet Union in 1991, there have been no recorded cases of the sodomy article being openly used against political opponents ever. Still, freedom of same-sex sexual activity was not officially enshrined in the law until 2000, when the Georgian Government put in place an amended criminal code to meet the standards set forth by the Council of Europe and the European Convention on Human Rights. The age of consent for both heterosexual and homosexual sex stands at 16 years of age as set by the Georgian Penal Code, articles 140 and 141.Report on the implementation of the Convention on the Rights of the Child by Georgia – A report prepared for the Committee on the Rights of Child 34th Session – Geneva, September 2003 Geneva, Switzerland. Retrieved. 25 June 2011.

Recognition of same-sex relationships Georgia does not recognize same-sex unions, either in the form of marriage or civil unions. Since 2018, the Constitution of Georgia has defined marriage as a union of a woman and a man for the purpose of founding a family.

2017 constitutional reform

Since it was enacted in 1997, Georgia's Civil Code has defined marriage as a heterosexual union, thus effectively preventing same-sex marriages. However, the Constitution of Georgia was gender-neutral, specifying that "Marriage shall be based upon equality of rights and free will of spouses".

Because of this gender-neutral wording, the Civil Code might have been struck down in the Constitutional Court, potentially paving a way for same-sex marriages.GD Refloats Proposal on Setting Constitutional Bar to Same-Sex Marriage, Civil Georgia, 8 March 2016, Retrieved: 9 March 2016 In 2013, a leader of the Christian-Democratic Movement Giorgi Targamadze first floated idea of amending the Constitution in order to bring it in line with the Civil Code's definition of marriage as a union of a man and a woman. Targamadze made the proposal part of his 2013 presidential campaign, collecting citizens' signatures for introducing constitutional amendments. In March, 2014, Prime Minister Irakli Garibashvili also proposed to define marriage as a union of a man and woman in the Constitution. The initiative came as the government tabled anti-discrimination bill, which was Georgia's precondition to get a visa free regime with the European Union. The Prime Minister said that "Though according to the current legislation, a family is understood as a union between a man and a woman, I think it should be written in the Constitution too". He emphasized that the amendment was necessary to avoid "misinterpretation" of the anti-discrimination law. "I would like to stress that the law does not create any new right for anyone. It does not grant any type of privileges to any group of society, neither takes away. The law only ensures that all could equally enjoy the rights which are ensured by Georgian legislation and the Constitution," Garibashvili stated.

In November, 2015, Zviad Tomaradze, head of the conservative organization Georgia's Demographic Society XXI, prepared the draft bill to amend the Constitution to define marriage as a union between a man and a woman. In March, 2016, 80 MPs proposed a constitutional amendment to the Parliament. The bill was drafted by the members of the ruling Georgian Dream party and the opposition Free Democrats party. According to the Constitution of Georgia, the Parliament should pass an amendment to the constitution if it is supported by 3/4 of the total number of the Members of Parliament (113 MPs). The bill failed to garner sufficient number of votes due to lack of support from much of the parliamentary opposition.

Meanwhile, the conservative activists gathered two hundred thousand signatures in order to amend the constitution through referendum. The Central Election Commission of Georgia gave its approval to the proposal; however, it failed to get permission from the President Giorgi Margvelashvili. President announced that Georgia would not hold a referendum on whether to ban same-sex marriage in the country's Constitution. Prime Minister Giorgi Kvirikashvili promised to amend the constitution to define marriage as a union between a woman and a man his party got enough if his party got enough seats in the upcoming 2016 parliamentary election.

In the election, the Georgian Dream won 115 seats, an increase of 30 seats, and proposed a constitutional amendment. The proposal caused a backlash from Georgian civil society and human rights organizations, which assailed the legislation as way of politicizing this sensitive issue and capitalizing on popular societal prejudices.

The constitutional amendment caused a split within the ruling coalition itself, with members of the liberal-leaning Republican Party of Georgia campaigning against the initiative.

After a month of public consultation, the proposal was considered in Parliament. Public meetings on the ban were scheduled from mid-March until 15 April in various cities throughout the country. The constitutional amendment was passed by the Parliament on 26 September 2017, establishing that marriage exists solely as "a union between a woman and a man for the purpose of creating a family". The constitutional amendment went into effect after the 2018 Georgian presidential election and the inauguration of President Salome Zurabishvili on 16 December 2018.

Civil partnerships In April 2017, several human rights organizations called on the Georgian Government to legalise same-sex civil partnerships.

In April 2018, the Georgian Ombudsman urged the Government to allow civil partnerships for same-sex couples. Citing Oliari and Others v. Italy, he reminded the Government that not recognising same-sex relationships is a violation of the European Convention on Human Rights. He also criticised the constitutional amendment banning same-sex marriage, arguing that it would "increase hatred".

Discrimination protections Since 2006, Article 2(3) of the Labor Code has prohibited discrimination on the basis of sexual orientation in employment relations.

According to the amended Georgian Criminal Code (since 2012), committing crimes against individuals based on sexual orientation, among other things, is an aggravating factor that should result in tougher sentences during prosecution.

On 2 May 2014, the Parliament approved an anti-discrimination law, banning all forms of discrimination. It took effect upon publication, on 7 May 2014. Article 1 of the Law of Georgia on the Elimination of All Forms of Discrimination (, translit.: ) reads as follows: