What Does the Proposal Aim For?

• Increasing the penalties for public sexual intercourse and exhibitionism.
• Defining these acts as aggravated offenses when committed between individuals of the same biological sex.
• Criminalizing the act of encouraging, promoting, or propagandizing sexual relationships or behaviors between individuals of the same biological sex, with penalties ranging from 3 to 5 years in prison; increasing the penalty by half if the offense is committed through media or communication channels.
• Including the offense of "obscene acts" in the catalogue of crimes for which arrest and detention measures can be applied.
• Preventing the encouragement, promotion, or propagation of sexual relationships or behaviors between individuals of the same biological sex in broadcast services.

HÜDA PAR (Free Cause Party), an Islamist political party that entered the Turkish Parliament through an alliance with the ruling AK Party, has submitted a bill to amend the Turkish Penal Code (TCK), the Law on the Establishment and Broadcasting Services of Radio and Television (RTÜK Law), and the Criminal Procedure Code (CMK).

The general rationale of the proposal claims the aim is to protect “public morality,” “the institution of the family,” “modesty and decency,” and “generational safety.” It argues that current legal regulations are insufficient and deterrence must be increased.

However, the bill specifically targets LGBTQIA+ individuals and seeks to restrict their fundamental rights. By prescribing heavier penalties for acts between individuals of the same biological sex and criminalizing the encouragement or promotion of such relationships or behaviors, the bill can be interpreted as a form of explicit discrimination based on sexual orientation and gender identity. These measures risk silencing LGBTQIA+ people from public life, further increasing stigmatization, and severely limiting freedom of expression, association, and visibility.

Furthermore, the rationale of the proposal includes terms such as “perversion” and “corruptive,” and criminalizes marrying by concealing one's biological sex. This language carries a clear potential to criminalize and marginalize the entire LGBTQIA+ community, especially trans individuals. Such provisions raise serious concerns regarding violations of the principle of equality and international human rights standards.