Routes to decriminalization: A comparative analysis of the legalization of same-sex sexual acts

In many places around the world, sexual acts between persons of the same sex have been criminalized for centuries. The process of decriminalization started as early as 1791 but has not been completed as same-sex acts remain illegal in 77 countries. This article analyses this process showing that in the course of the last two centuries it expanded in several dimensions. Geographically, legalization was for a very long time almost exclusively limited to Europe and Latin America until it became a global phenomenon in the 1980s. For 200 years, national legislators and scientific elites in advisory functions were the drivers of decriminalization. The late 20th century marks a critical turning point. Gay and lesbian movements, national and international courts, and international and supranational organizations such as the Council of Europe and the European Union came on the scene as key players in driving decriminalization. Countries that still criminalize same-sex acts are increasingly put under pressure by the international community to legalize them, which most African and Muslim countries have withstood so far. External intervention is perceived as the continuation of colonial politics, particularly in sub-Saharan Africa.