Lebanese Appeals Court Confirms for 5th Time Homosexuality Not a Crime, as General Security Bans…


If you needed any more reason why the censorship authority needs to be removed from the hands of the Generel Security, and its adjacent “censorship committee” that includes religious institutions that vote on what you can watch, listen to or read, then I’ve got a perfect example for you all.

Historic Ruling by Appeals Court in Mount Lebanon on Article 534

Lebanese with a heart and brain were ecstatic when they read Legal Agenda’s latest news a few days ago. It’s in Arabic, so I will highlight the most important parts here.

Since 2009, 4 different judges in different circuits have exonerated members of the LGBT+ community by stipulating that Article 534 of the Lebanese penal code which states “sexual acts against nature” are punishable by up to a year in jail. The rationale for this exoneration hasn’t always been ideal, with some suggesting “treatment” as an alternative to punishment. However, this latest ruling, the first from a higher court (not individual judges) continues this progressive stance the Lebanese judiciary has been taking for almost a decade now.

The latest ruling comes from Judge Randa Kfoury and her two advisers Judge Zeidan and Judge Bou Nassar. Only judge Bou Nassar expressed reservations to the decision, meaning the decision passed with a majority of the judges. The decision was taken after considering the true intentions of the original writers of the penal code, and given that the alleged relationship was consensual, and not in a public space, that it did not actually apply to Article 534. The decision goes even further, suggesting “moyool” (sexual orientation) itself cannot be considered criminal under Article 534.

What’s important about this ruling, is that the judiciary is establishing its independence once again. Judges should and must have the ability to look at outdated laws with a more modern and inclusive lens. All these judges since 2009 have done so successfully.

This is a giant leap towards equality in Lebanon, and a great day for the LGBT community and their friends and supporters in Lebanon. Here’s to hoping other governmental bodies follow suit and join these trailblazing judges in the 21st century.

General Security Bans Student Film for Including “Liwat” (derogatory term in Arabic like “fag”)

Almost at the same time of this ruling, the Lebanese Independent Film Festival was surprised when one of their 250+ movies from Lebanon and across the world was banned. The banned movie was a student film, and included a few seconds of a kiss between two male actors. The GS waited till the last minute to inform the LIFF team about the movie not getting a “license” to screen, even though the director had a “license” to shoot the same film with the same script. When pressed for the reason, the officer said “la2an fi liwat” (because there’s fags).

It’s important to note that among the foreign films, one movie juxtaposed a scene of a woman reading a passage from the Bible, with another scene from a Pride Parade. That passed. This either means that the GS censors local directors even more harshly, or that they’re too lazy to watch all 250 films and decided to watch the ones they don’t need to read subtitles in. Both cases are shameful.

We Will Keep Moving Forward

At a time when the Lebanese judiciary has reiterated five times that being LGBT is not against Lebanese law, plenty of governmental institutions are still suffering from disgusting levels of homophobia, encouraged by Lebanon’s corrupt and dark-ages religious institutions who unfortunately have the biggest say in censorship issues.

However, the march towards progress and inclusivity will not stop, and despite banning a Coke ad with two girls because some sheikh thought they’re lesbians, and difficulties faced by LGBT NGOs every year for Pride Week, things will keep moving forward if enough of us speak up against the injustices suffered by our LGBT brothers and sisters on a daily basis.

We are working with the director of the banned film to figure out how we can let people watch his final year project, despite the GS’s horrifying and unjust decision, telling a student what he can and cannot portray in his own movie.