Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Same-sex couples are unable to marry, and the Constitution of Montenegro bans same-sex marriage. Since 15 July , same-sex couples may register their relationship as a Life Partnership , which gives them almost the same legal rights and protections available to opposite-sex married couples [ citation needed ] , except adoption.
Discrimination on the basis of both sexual orientation and gender identity is banned in employment, the provision of goods and services, education and health services. Montenegro also possesses hate crime and hate speech laws which include sexual orientation and gender identity as grounds of non-discrimination. Montenegro decriminalised same-sex sexual activity in The age of consent 14 was also equalised in The Constitution of Montenegro bans same-sex marriage.
The Serbian Orthodox Church and the Democratic Front came out in opposition to the proposal, claiming it would "wreck" Christian values and family life in Montenegro. If enacted, it would have taken effect one year later. The necessary majority of 41 votes was not achieved. On 12 December , the Government approved the second, similar draft of the bill.
The law was published on 7 July in the Official Gazette of Montenegro. It would enter into force on the eighth day from the day of its publication and applied from one year thereafter. On 27 July , the Montenegrin Parliament passed a non-discrimination law that includes sexual orientation and gender identity as prohibited grounds of discrimination. This was one of the requirements the country had to meet for European Union membership. Discrimination is any unjustified, legal or actual, direct or indirect distinction or unequal treatment, or failure to treat a person or a group of persons in comparison to other persons, as well as exclusion, restriction or preferential treatment of a person in comparison to other persons, based on race, colour of skin, national affiliation, social or ethnic origin, affiliation to the minority nation or minority national community, language, religion or belief, political or other opinion, gender, gender identity, sexual orientation, health conditions, disability, age, material status, marital or family status, membership in a group or assumed membership in a group, political party or other organisation as well as other personal characteristics.
In , the Criminal Code was amended to prohibit hate speech on the basis of both sexual orientation and gender identity, and to provide penalty enhancements if a crime is committed based on the victim's LGBT status. These changes came into force on 3 June Transgender people in Montenegro are allowed to change legal gender, but require undergoing sex reassignment surgery , sterilization, divorce if married and receiving a medical diagnosis to do so.
