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The revolution of 25 April 1974, also known as the Carnation Revolution, is credited as being a crucial point in the change of LGBT representation within Portugal. [1] Despite the overthrow of Portugal's dictatorships, the LGBT community was still sparsely discussed until the change of Portugal's Penal Code which decriminalized homosexuality as well as other things. [2] From this point on, the LGBT movement made a slow climb into the public light and when Portugal joined the European Economic Community in 1986, their antidiscrimination policy caused substantial growth within the movement. [2] While there was a variety of different movements and problems that arose during the 90s in relation to the LGBT movement, real change didn't happen until 2001 when parliament approved a law that "recognized cohabitation regardless of sexual orientation". [2] Within the next decade and a half Portugal would go on to legalize same-sex marriage, [3] adoption [4] and established the procedure for legally changing an individual's gender. [5]
A de facto union, also known as common-law marriage, is when two individuals who have been together for two years or more are considered legally married without the marriage being on paper. [6] On 11 May 2001 Portugal's parliament approved a change to the de facto union law that extended the unions to same-sex couples. [7]
On 31 May 2010 the law 9/2010 legalized and recognized the marriage of same-sex couples. [7] This piece of legislation put Portugal at eighth in the world to legalize same-sex marriage and set them at the front of the LGBT citizenship rights within Europe. [2]
On 15 March 2011, law number 7/2011 established the process for those who identify with the opposite sex to legally change their gender and name within the civil registry. [5] This legislation specifically allows individuals who are transgender to change their identity without gender changing surgery as long as they have obtained an official gender dysphoria diagnosis. [7] However, the diagnosis has to be made by a team of experts that specializes in "medical sexology", works within public or private medical offices in Portugal or another country, and the diagnosis must be reviewed and signed off by a psychologist and physician. [7]
On 29 February 2016, law number 2/2016 made is illegal to discriminate against same-sex couples who wanted to adopt. [4] This legislation also prevents discrimination when trying to acquire a civil sponsorship or any other family legal relationships. [4] Prior to this law being passed in March 2014, there was an attempt to grant same-sex couples the same adoption rights as opposite sex couples but lost the 107 who were in favor lost in Parliament to the 111 who were against it. [7]