16/10/2025 | Writer: Kaos GL
MLSA Legal Unit: Proposed package threatens the existence of LGBTI+ individuals.
Media and Law Studies Association (MLSA) Legal Unit has released a legal information note regarding a provision in the upcoming 11th Judicial Reform Package, expressing concerns that it may be used to target LGBTI+ individuals in Turkey.
A draft of the 11th Judicial Reform Package, which is expected to be submitted to Turkey’s parliament soon, has been obtained by members of the press. The draft includes a proposed amendment to the Turkish Penal Code that would impose prison sentences of up to three years for “attitudes and behaviors contrary to one’s biological sex or public morality.” Individuals who engage in such behavior, as well as those who “promote, praise, or encourage” it, would face criminal penalties. The draft also prescribes prison sentences for same-sex engagement and wedding ceremonies.
The proposed provision criminalizes all behavior, both public and private, that deviates from traditional gender norms. It also seeks to prohibit any expression of opinion, civil society work, advocacy, or other civil activities related to LGBTI+ issues. In its current form, the draft law effectively makes the mere existence of LGBTI+ individuals a punishable offense and poses a serious threat to the LGBTI+ movement and community in Turkey.
The provision could be used as a legal basis to shut down LGBTI+ associations, to prosecute participants in Pride marches, and to criminalize the use of dating sites and apps popular among gay individuals. It could also be weaponized against public figures and artists known for their LGBTI+ identities or for challenging traditional gender roles.
The draft provision closely resembles Russia’s 2013 “gay propaganda” law at first glance. However, the MLSA Legal Unit notes that the Turkish draft is broader in scope and more severe in its penalties. While the Russian law bans promoting homosexuality or non-traditional sexual relations to minors, the Turkish proposal bans any behavior that contradicts biological sex or public morality, imposing a more sweeping and absolute form of regulation. Furthermore, while Russia’s law provides for administrative fines, the Turkish draft introduces prison sentences of up to three years.
The European Court of Human Rights (ECHR) previously ruled that the Russian law violates the principles of a democratic society and infringes on freedom of expression and press freedom.
The year 2025, which the Turkish government declared the “Year of the Family,” has seen a surge in rights violations targeting LGBTI+ individuals and advocacy groups. In February, Yıldız Tar, the Editor-in-Chief of KAOS GL — Turkey’s oldest and largest LGBTI+ news platform — was arrested. In June, access to KAOS GL’s website and all its social media accounts was blocked. Also in June, Enes Hocaoğulları, an LGBTI+ rights activist, was arrested for a speech he gave at the Council of Europe. Four individuals suspected of planning to attend the Trans Pride March were detained and placed under judicial control due to their colorful attire. That same month, many rights defenders, including lawyers and journalists, were detained during the Pride March. Singer Mabel Matiz was summoned by police and later prosecuted for his song Paramparça, and Netflix was fined by the Radio and Television Supreme Council (RTÜK) over LGBTI+ content. In addition, public officials have made statements labeling homosexuality as “perversion,” further highlighting systemic violations against LGBTI+ individuals.
To inform the public about the potential impact of the proposed law on freedom of expression and press, the MLSA Legal Unit has published a detailed legal information note.
What does the proposal say?
The proposed provision would criminalize any behavior or “propaganda” that contradicts traditional gender norms and would impose prison sentences for same-sex engagement and marriage ceremonies.
Article 8 of the draft, which has yet to be confirmed by official sources, seeks to amend Article 225 of the Turkish Penal Code titled “Obscene acts,” by adding two new clauses. The proposed changes stipulate that behaviors and attitudes contrary to one’s biological sex or public morality — as well as promoting, praising, or encouraging such behavior — will be punishable by up to three years in prison. Symbolic same-sex engagement or wedding ceremonies would be punishable by up to four years in prison.
The draft provision, which has been reflected in the media, states the following:
Obscene acts |
The very existence of LGBTI+ individuals would become criminalized, with no distinction between public and private life
The draft proposal imposes prison sentences on individuals who display behavior contrary to their “biological sex.” This provision criminalizes not only the public behavior of individuals who deviate from traditional gender norms — particularly LGBTI+ individuals — but also their private conduct. The law makes no distinction between public and private domains, meaning that even behavior confined to private life could be subject to criminal punishment. In this respect, the proposal effectively criminalizes the existence and lifestyle of LGBTI+ individuals.
Vague language in the draft puts all areas of life at risk
The ambiguous phrasing of “behavior and attitudes contrary to biological sex and public morality,” its broad applicability, the lack of differentiation between public and private spheres, and the absence of a clear legal definition of what constitutes such behavior, all pose serious risks to the right to privacy and freedom of expression. The vagueness of the law leaves its interpretation to the judiciary, opening the door to arbitrary enforcement.
Because it is legally impossible to define behaviors contrary to biological sex and public morality, any conduct could potentially fall under this law. As such, it may lead to unpredictable outcomes, including the prosecution of users of dating apps that cater to gay individuals, criminal penalties for displaying LGBTI+ symbols, and the classification of LGBTI+ content on platforms like Netflix as criminal offenses.
Media, civil society, advocacy, and academic work related to LGBTI+ issues could be criminalized as propaganda
The provision banning the promotion, praise, or encouragement of behaviors and attitudes contrary to biological sex and public morality could criminalize a wide range of activities, particularly in the realm of rights advocacy for LGBTI+ people. For example, efforts to prevent the spread of HIV or to address LGBTI+ youth suicide could be subject to criminal investigations on grounds of “promotion” or “praise.”
LGBTI+ associations and media platforms are also at risk of prosecution for allegedly promoting or praising such behaviors. Pride marches, advocacy activities, journalistic reporting, and academic studies on LGBTI+ rights could all be targeted under the draft’s vague provisions.
For instance, a report documenting workplace discrimination against LGBTI+ individuals could be deemed as encouraging behaviors contrary to biological sex and therefore become the subject of a criminal investigation.
Artistic expressions could also fall under this scope. As seen in the recent case of singer Mabel Matiz — who was summoned by police and prosecuted over his song Paramparça — artists who perform in ways that challenge gender norms or display LGBTI+ flags in solidarity could face legal action.
Digital platforms such as Netflix, which have already faced repeated sanctions by RTÜK for their LGBTI+ content, could now become subjects of criminal investigations.
Proposed law broader and harsher than Russia’s ‘gay propaganda’ law
The provision included in the draft judicial reform is being compared to Russia’s 2013 “gay propaganda” law, which bans the promotion of “non-traditional sexual relations” to minors. However, the Turkish draft is significantly broader and more punitive. It not only criminalizes so-called “propaganda” but also penalizes behaviors themselves, regardless of whether minors are involved.
While the Russian law imposes administrative fines ranging from 2,000 to 5,000 rubles for promoting non-traditional sexual relations to minors, it has been used in the past to sanction public expressions such as declarations that homosexuality is not a disease or the public display of rainbow flags. In contrast, the Turkish draft proposes prison sentences and applies to all areas of life — not just communications directed at minors.
The Turkish draft outlaws any conduct that contradicts public morality or traditional gender norms, regardless of context or audience, making it both more comprehensive and more punitive than its Russian counterpart.
ECHR: Ban on gay propaganda violates European Convention
In its 2017 Bayev v. Russia ruling, the European Court of Human Rights (ECHR) found that Russia’s 2013 gay propaganda law violated the European Convention on Human Rights. The Court determined that there is a European consensus supporting the right of homosexual individuals to openly express and live their sexual orientation, and ruled that homosexuality cannot be deemed contrary to public morality. The Court also stated that such laws increase discriminatory practices against LGBTI+ people and constitute a violation of the right to freedom of expression as protected by the Convention.
2025, declared the “Year of the Family,” marked by rising rights violations against LGBTI+ individuals
Since the Turkish government declared 2025 the “Year of the Family,” there has been a notable increase in rights violations against LGBTI+ individuals. On Feb. 22, 2025, Yıldız Tar — Editor-in-Chief of KAOS GL and a well-known LGBTI+ rights advocate — was arrested.
In June, access to kaosgl.org, Turkey’s first and largest LGBTI+ news platform, along with all its affiliated social media accounts, was blocked on the grounds of “preventing crime.” An appeal filed by the MLSA Legal Unit was rejected, and the matter was subsequently brought before Turkey’s Constitutional Court.
Also in June, during the LGBTI+ Pride March in Istanbul’s Beşiktaş district, numerous activists, including lawyers and journalists, were detained. After one day in police custody, the activists were brought before the court, placed under a travel ban, and charged with violating the Law on Meetings and Demonstrations.
On Aug. 5, 2025, LGBTI+ rights activist Enes Hocaoğulları was arrested at an airport in Ankara following a speech he gave at the Council of Europe. He was later charged with “publicly spreading misleading information.”
The Istanbul Chief Public Prosecutor’s Office launched an obscenity investigation into singer Mabel Matiz’s song Paramparça. Matiz was brought to the courthouse by police, where he gave a statement. An indictment was then filed against him on grounds of obscenity, and a travel ban was imposed.
RTÜK, Turkey’s broadcasting regulator, has also issued multiple fines to Netflix over content featuring LGBTI+ themes, further demonstrating a pattern of increasing censorship and targeting of LGBTI+ expression.
Proposal not officially submitted yet, AKP parliamentary leader denies its existence
The proposed legislation has not yet been officially introduced to parliament or shared through official channels. In response to public concern, Abdullah Güler, the parliamentary group chair of the ruling Justice and Development Party (AKP), denied knowledge of the provision concerning LGBTI+ individuals in the 11th Judicial Reform Package.
Speaking on the matter, Güler stated: “No such draft has reached us. Our Ministry of Family and other ministries are holding workshops and conducting comparative studies. There are reports and analyses on global practices and the current state in our country. Evaluations are ongoing. This is not yet a finalized draft. Everyone is expressing their opinions and thoughts.”
Media and Law Studies Association (MLSA) Legal Unit
Tags: human rights
