Crackdown on LGBTI+ Rights During Democratic Crisis in Turkey: New Draft from Far-Right HÜDA PAR

HÜDA PAR, a government leaning far-right political party in Turkey, recently proposed a bill to criminalize sexual intercourse between consenting adults and same-sex sexual activity to criminalize the queer community residing in Turkey, amidst the democratic crackdown after Turkish President Erdogan arrested the main opposition’s presidential candidate, elected mayor of Istanbul, Ekrem Imamoglu. (Bianet, 2024b)

HUDA PAR is a Kurdish Sunni Islamist political party in Turkey, which was established in 2012, although it has its roots in the Turkish Hezbollah movement of the 1990s. In the 2023 general elections, HÜDA PAR aligned with Tayyip Erdogan's conservative ruling coalition. (Al-Estiklal, 2023) 

HÜDA PAR’s Chairman Zekeriya Yapicioglu along with three other MPs presented the details of the bill as follows: Under the new bill sexual activity between consenting adults is suggested to be criminalized, if the persons involved in the act are from the same biological gender, the sentence is doubled. In addition to this, anyone who encourages same-sex intercourse will also be punished, as follows:

“Anyone who encourages, incites, or in any way disseminates or propagates sexual intercourse or sexual behavior between individuals of the same biological sex shall be sentenced to imprisonment from three to five years. If this crime is committed through any written, visual, auditory, classical or digital means of communication and information technology, the sentence shall be increased by half.” (Bianet, 2024b)

The bill also proposes a new crime, which is “hiding your biological gender”. The suggested bill contains discriminatory language towards LGBTI+ people such as “destructive activities, shameless acts” and binary definitions of gender. (Bianet, 2024b) 

The bill hasn’t passed yet, it is merely an outrageous suggestion, so why does it matter, and why should we take it seriously?  

Homosexuality has been legal in Turkey since the Ottoman Empire decriminalized it in 1858 (Hussain, 2011), though recently, we can see a trend of attempts to legally limit LGBTI+ expression. HÜDA PAR’s bill is the first attempt to criminalize same-sex intercourse, and it suggests a brand new way of discrimination for trans, non-binary and intersex persons. Under the international human rights frameworks and legally binding treaties, Turkey has an obligation to protect its citizens from discrimination.

The suggested law not only directly violates international human rights norms, but also poses a direct threat to a democratically governed secular state. It fuels the long-standing debate in Turkey over secularism and political Islam by supporting propaganda and hate speech against the LGBTI community, enabling religious institutions to interfere in the country’s internal affairs, and undermining the principle of separation between religion and state. 

In addition to the fact that this bill has been proposed in such an overt, explicit, and aggressive manner for the first time, what is truly alarming is the timing of its introduction. 

If there is one thing that the recent arrest of Istanbul Metropolitan Mayor Ekrem İmamoğlu, followed by protests and the unjust detainment of students, journalists, and human rights defenders has clearly shown us, it is that the legal autocratization of Turkey continues unabated, and that democracy is slowly rotting and disappearing from practice. 

Through this process, the government, without providing any legitimate basis, is able to detain and imprison whomever it wants, pass any law without allowing debate or by silencing dissent.

One example of this is the Ministry of Health's sudden ban on planned C-sections in private medical centers shortly after the bill was introduced, during this period of political turmoil. (Bianet, 2024a) 

It is precisely at this moment, when Turkey's political climate is chaotic and heated, that the bill proposed by HÜDA PAR becomes more frightening than ever before. 

Article By Armi Hoy

References 

Bianet, 2024a. Planned Cesarean Sections Banned in Private Medical Centers. [online] Bianet. Available at: https://bianet.org/haber/ozel-tip-merkezlerinde-planli-sezaryen-yasaklandi-306631 [Accessed 20 Apr. 2025]. 

Bianet, 2024b. HÜDA PAR Submits Anti-LGBTI Bill to Parliament. [online] Bianet. Available at: https://bianet.org/haber/huda-par-lgbti-karsiti-kanun-teklifini-meclise-sundu-306613 [Accessed 20 Apr. 2025]. 

Hussain, I., 2011. The Tanzimat: Secular Reforms in the Ottoman Empire. [pdf] Faith Matters. Available at: https://faith-matters.org/wp-content/uploads/2016/10/The-Tanzimat-Secular-Reforms-in-the-Ottoman-Empire.pdf [Accessed 20 Apr. 2025]. 

Al-Estiklal, 2023. HÜDA PAR: A Kurdish Islamic Party Supporting Erdogan and Resisting Secularism and Terrorism. [online] Al-Estiklal. Available at: https://www.alestiklal.net/en/article/huda-par-a-kurdish-islamic-party-supporting-erdogan-and-resisting-secularism-and-terrorism [Accessed 20 Apr. 2025].