Morocco, a country known for its rich culture and history, presents a complex and often challenging environment for its LGBT community. Despite being a popular tourist destination, particularly for those seeking unique cultural experiences, the country's legal and social landscape poses significant hurdles for LGBT individuals.
Both male and female forms of same-sex sexual activity are illegal in Morocco. Gay and lesbian Moroccans face many hardships in the country, as they have limited legal rights.
Legal Status
Article 489 of the Penal Code of Morocco criminalises "lewd or unnatural acts with an individual of the same sex". Same-sex sexual activity is illegal in Morocco and can be punished with anything from three to five years' imprisonment and a fine of 1,200 dirhams.
The Moroccan government uses the law as a way to police members of the LGBT+ community. In 2016, two girls were arrested in Marrakesh after a cousin of one of them took a photo of them kissing. This sparked international outcry and the use of the hashtag #freethegirls.
In a promising turn of events, in July 2024 on the occasion of the 25th anniversary of his enthronement, King Mohamed VI pardoned (amongst others) journalist Suleimán Raisuni, who had been convicted “for ‘sexual assault’ on a homosexual for events dating back to 2018, when the reporter was reporting on the gay community”.
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According to TALAY’AN NGO, in November, a young minor, who had been previously subjected to assault and rape by a muezzin (a respected figure of authority in a mosque) was sentenced to six months in prison himself, under ‘the accusation of being gay’. He also received a fine of 20,000 DH (approximately 200 USD).
In September, four individuals, including a foreigner, were arrested by the police in Marrakesh for homosexuality and drug possession. Two young men were convicted for ‘practicing homosexuality’ and sentenced to three years’ imprisonment by the Court of First Instance in the city of Al Hoceima.
According to a 2022 submission by the Moroccan Coalition for Gender and Sexual Diversity, 838 persons were prosecuted under article 489 between 2017 and 2020.
In 1956, Morocco officially gained independence from France, which had long since decriminalised same-sex sexual activity. There is substantial evidence of the law being enforced in recent years, with LGBT people being frequently subject to arrest. Reports suggest that hundreds of prosecutions under the law have taken place in recent years.
On 6 February, two people of the Wardana community were arrested on the accusation of practicing homosexuality. In March, the Royal Gendarmerie reportedly raided a house after receiving a tip-off it was hosting “gay activities” and arrested a group of young men.
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In March a group of four men broke into a private home and assaulted the two men in the home. They dragged them out naked onto the street where they were beaten and filmed by an angry mob. One of the victims was arrested and convicted under article 489.
In May, two men were arrested and charged under article 489 after being found by police in a parked car on the outskirts of the town of Guelmim. In November, two teenage girls, 16-year-old Sanaa and 17-year-old Hajar, went to trial on homosexuality charges after they were caught kissing and reported to police in Marrakesh. They were reportedly held in adult prison instead of a juvenile facility.
In June, two men were sentenced for violating article 489 after posing for a photo together outside a mosque. A report from Human Rights Watch stated that in July, a Moroccan appeals court upheld the convictions of six men charged with homosexual acts in April.
In December, two men were convicted under article 489 and 483 (‘public indecency’) after a brief trial based upon ‘confessions’ which the defendants repudiated.
Same-sex sexual activity is prohibited under the Penal Code 1962, which criminalises ‘lewd or unnatural acts’. This provision carries a maximum penalty of three years’ imprisonment and a fine.
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Social Attitudes and Cultural Context
Moroccan public opinion towards the LGBTQ community is generally negative, in alignment with attitudes about LGBTQ rights in much of the Muslim world. Traditional cultural and religious mores tend to associate cross-dressing with homosexuality. Culturally, certain forms of cross-dressing have been tolerated in areas where women were not a part.
Government attitudes towards homosexuality tend to be in the interests of the protection of the tradition of the country, in keeping with the culture's traditional gender roles and religious morals. In foreign policy, the government opposed the participation of an international gay and lesbian rights representative at the 2001 United Nations Conference on AIDS-HIV.
In 2017, following the United Nations' Universal Periodic Review in Geneva, Mustafa Ramid, former Minister of Justice and Liberties in Abdelilah Benkirane's and Saadeddine Othmani's governments, called homosexuals "trash" in an interview.
In April 2020, the Moroccan transgender influencer Sofia Talouni, who lives in Turkey and is followed by more than 600,000 people on Instagram, launched a denunciation campaign to outrage Moroccan homosexuals, stating: "You will burn in hell ". She incited her subscribers to create false accounts on gay dating applications and to reveal the identity of those who are there on social networks.
The act has been questioned, insofar as Sofia Talouni is herself from the LGBTQ community. According to sociologist Khalid Mouna, she “tries to make her group undergo the same family rupture by adopting the discourse and the codes of her own detractors. This individual, obviously mentally unstable, wishes to isolate young Moroccan homosexuals by breaking up their family unit”.
The journalist Hicham Tahir indicates that he has received “a hundred testimonies from people who were victims or direct witnesses of this campaign”. Some landlords ejected their tenants, while one person allegedly committed suicide. Moroccan LGBTQ associations denounced the campaign as homophobic.
Moroccan police launched a preliminary investigation for "incitement to hatred and discrimination". On May 13, Talouni released a video where she apologized for the campaign.
In November 2022, a trans woman was violently beaten by a group of people in Tangier.
A research report by ReportOUT found that 40% of respondents perceived offensive conduct by police towards persons with diverse sexual orientation, gender expression and identity and sex characteristics to be widespread, and almost 63% perceived the same to be the case among religious authorities.
In September, the Minister of National Education, Primary Education and Sports, Chakib Benmoussa, responded to social media concerns regarding the alleged promotion of homosexuality by foreign private education institutions in Morocco.
In November, Tangier’s judicial police arrested an adult and three minors after a widely circulated video showed them beating a transgender woman. The attackers reportedly used homophobic slurs during the attack based on the victim’s attire. After their arrest, the adult was taken into custody, while the three minors were placed under police surveillance.
The US Department of State report found that LGBT victims of violence in high-profile cases continued to be harassed when recognised in public. In April, at least 50 to 100 gay men were outed in an online outing and harassment campaign, as their photos were spread on social media.
In May, four individuals attacked and stripped a man due to his sexual orientation. The report by the Danish Immigration Service on the situation of LGBT persons in Morocco suggested that LGBT people face a range of societal marginalisation, including physical, social, and institutional violence.
In December, a transgender woman in Marrakech was attacked by a mob for wearing a dress in public.
Key Considerations for LGBTQ+ Travelers
Morocco is a popular destination for LGBTQ+ travelers; however, LGBTQ+ rights are very limited because being gay is illegal and punishable by law in this country. Tangier, Marrakech, and Agadir are wonderful destinations to visit while in Morocco.
As a conservative Muslim country where homosexuality is illegal, there aren’t any official “gay hot spots” or LGBTQ+ celebrations. That’s not to say that gay-friendly bars, restaurants, night clubs or beaches do not exist. In urban centers like Tangier, Marrakech and Agadir, it’s possible to find gay-friendly accommodations and spots that welcome a mix of gay and straight visitors.
One way to help keep yourself safe is to understand and portray customs from the area you’re visiting. When greeting someone in Morocco, keep in mind that they're more formal. Moroccans say “salaam alykum” to everyone. Same-sex individuals typically greet with two air kisses on each cheek, or they shake hands. When men greet women, they wait for her to extend her hand. Be sure to greet with your right hand-the left hand is viewed as unclean.
Men are expected to wear collared shirts or t-shirts that cover their shoulders, along with shorts or pants that come to their knees. Women are expected to wear loose-fitting, long clothing. Foreign women don't have to cover their hair unless visiting a mosque, so a scarf is advisable for modesty. When visiting rural areas, cover your arms and legs, as they're more conservative.
Remember, if you’re visiting during Ramadan, you should dress even more conservatively. Unfortunately, there aren't any recommended dating apps for the LGBTQ+ community in Morocco due to limited LGBTQ+ rights.
Police will use dating apps as a means of entrapment. They’ll create fake profiles and lure users into meeting up with them and then arrest them. However, this doesn't mean you can't connect with other members of the LGBTQ+ community while traveling to Morocco.
Lesbians in Morocco face fewer issues. However, this doesn't mean it's easy for them to express their sexuality. Women enjoy fewer freedoms than men and are expected to be publicly accompanied by their husbands or other members of their families.
Although Essaouira and Agadir don't have gay scenes, their beaches attract a very large European gay tourist following.
There are plenty of places to hang out in Marrakech. Comptoir Darna is a great place to enjoy a blend of gay and straight foreigners and locals, along with signature cocktails.
This gay-friendly riad is located in the Medina. It also has tips for the best places to visit in Marrakech. During the summer months, you can enjoy the sun terrace and pool.
Tourists looking to visit Casablanca should visit the Plastik Club, formerly Candy Bar. It offers an anything-goes feel, and patrons dress in wild outfits and dance to the best music.
This is a discreet, romantic restaurant located in Essaouira. Gay, transgender, and lesbian travelers alike will enjoy VIP Club Marrakech. Dance among the glitz and glamour as strobe lights pave the way for exciting dance music. This café and bar features a relaxed vibe. Are you searching for a cozy, romantic spot? Comptoir Darna is a bar and restaurant that is popular for couples regardless of their sexual orientation.
This nightclub boasts the latest hits in music while attracting locals and tourists alike. If you're looking for more modern music, consider the Ryad Mogador Al Madina.
Unfortunately, there aren't any open Pride events, due to homosexuality being illegal in Morocco.
In March, the Minister of Justice and Secretary General of the Authenticity and Modernity Party (PAM), Abdellatif Ouahbi, announced a project to reform the Penal Code. However, civil society and LGBT rights organisations are lobbying for the proposed reform of the Penal Code to also include a repeal of article 489.
Despite reports of discrimination and arrests persisting in Morocco, some reports indicate that the country is becoming increasingly tolerant to LGBT individuals.
Kif-Kif is the only organization to advocate on behalf of the LGBTQ community in Morocco and publishes the Mithly magazine in Spain. It’s recognized by Spain since it is not legally recognized in Morocco and has a focus on LGBTQ+ rights.
| Issue | Legal Status |
|---|---|
| Same-sex sexual activity | Illegal |
| Anti-discrimination laws | No protections |
| Hate crime protections | No protections |
| Same-sex adoption | Illegal |
| Right to change legal gender | Intersex only |
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