Gay rights in San Marino

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On 9 July 2001 the parliament of San Marino voted for the repeal of Art. 274 of its Criminal Code. Under this article homosexual contacts could be punished with imprisonment from 3 months up to one year, if they have been engaged in "habitually" and thereby caused "public scandal". A conviction under this law resulted in loss of political rights and removal from public office for a period from 9 months to 2 years. 28 MPs voted for the repeal, 21 against, one abstained.

The total ban on homosexuality was abolished in San Marino in 1864. In 1974, however, the San Marinese Parliament adopted a new penal code that came into force in 1975 and contained Article 274. There are no reports that article 274 was ever applied. It was the only special provision on homosexuality in the San Marinese penal code.