Existence Branded “Immorality,” “Gender Change” Prohibited – Government’s Anti-LGBTI+ Law in the 11th Judicial Package

Existence Branded “Immorality,” “Gender Change” Prohibited – Government’s Anti-LGBTI+ Law in the 11th Judicial Package

• 15/10/2025
• ÜniKuir

In the 11th Judicial Package draft, LGBTI+ is branded as “immorality” and “gender change” prohibited. Draft is expected to be submitted to committee.

The 11th Judicial Package draft, first reported by T24 journalist Ceren Bayar and then detailed in an exclusive by KaosGL.org’s Oğulcan Özgenç, directly targets LGBTI+ people. Prepared by the Ministry of Justice and grounded in the 4th Judicial Reform Strategy Document announced by Erdoğan on January 23, the draft is being readied for submission to parliament in 2025, declared the “Year of the Family.”

The draft introduces three main changes—and extensive vagueness:

• Article 225 of the Turkish Penal Code (TCK) adds “conduct contrary to biological sex” as an offense and places LGBTI+ existence under “immorality.”
  

• Article 40 of the Turkish Civil Code raises the age for gender change procedures from 18 to 25 and renders the process nearly impossible.
  

• A new TCK Article 93/A criminalizes “unlawful gender change,” penalizing both doctors and trans+ people with imprisonment.
  
  

Representatives of opposition parties told T24’s Ceren Bayar that AKP’s verbal briefings did not mention provisions on LGBTI+ people and that the full proposal text was not shared.

TCK Article 225: LGBTI+ existenve deemed "immorality"

The most critical provision is the amendment to Article 225 of the Turkish Penal Code. The penalty under the existing article, titled “Immorality,” is increased from 6 months–1 year to 1–3 years. Two new paragraphs that criminalize LGBTI+ people and rights defenders read as follows:

The first added paragraph: “A person who engages in attitudes and behaviors contrary to biological sex assigned at birth and public morals, or who publicly encourages, praises, or promotes such behavior, shall be punished with imprisonment from one to three years.”

Kerem Dikmen, Attorney and Human Rights Program Coordinator at Kaos GL Association, explained to kaosgl.org what this means:
“Trans people whose gender has not yet been legally recognized; cross-dressers; behaviors, expressions, clothing preferences, and forms of address that are associated with a gender other than that assigned at birth according to gender roles are being punished.”
Dikmen also adds: “There is an opening for punishing the managers and staff of associations working on gender expression and its relation to freedom of expression; and, for example, journalists who interview and make visible a subject, activist, or artist whose gender identity has not yet been legally recognized.”

The second added paragraph: “If persons of the same sex hold an engagement or wedding ceremony, each of these persons shall be sentenced to imprisonment from one year and six months to four years.”
Symbolic engagements and wedding ceremonies are criminalized. Both parties are punished separately. Dikmen notes that even engagement/marriage ceremonies conducted abroad in accordance with that country’s law could be penalized.

The draft’s preamble is explicit: “More effective struggle against trends of uniformization and degendering,” “raising individuals who are physically and mentally healthy,” and “protecting the family institution and social structure.”

Gender affirmation made nearly impossible

The draft makes the gender affirmation process for trans people nearly impossible. With the amendment to Article 40 of the Turkish Civil Code, the minimum age to begin the process is raised from 18 to 25. In other words, trans youth over 18—no longer legally children—will have to wait years.

A condition of being “permanently deprived of reproductive ability” is introduced—mandating direct interference with trans people’s bodies.

A four-stage mandatory evaluation process is introduced. Evaluations must occur four times, at intervals of at least three months. Only full-service hospitals designated by the Ministry of Health may issue reports. The process will take a minimum of 9–12 months.

Crucially, no medical intervention may be performed without a court order. Even hormone therapy is banned. The draft states explicitly: “No medical intervention for the purpose of gender change may be performed without permission.” With the addition of TCK Article 93/A, “unlawful gender change” is created as a new offense.

A doctor or healthcare worker performing such an intervention faces 3–7 years’ imprisonment and a judicial fine of 1,000–10,000 day-fines. If performed on a child or by an unauthorized person, the sentence doubles to 6–14 years. The person undergoing the intervention within a transition process is also criminalized: 1–3 years’ imprisonment.

The preamble states clearly: “All surgical interventions for gender change performed without permission, as well as medical interventions such as providing hormones or medication even if not surgical in scope, will constitute this offense.”

What does this mean?

This draft directly targets LGBTI+ people’s right to life, right to health, freedom of expression, freedom of association, and human dignity. It makes the gender affirmation process for trans people impossible. It defines LGBTI+ existence as “immorality.” LGBTI+ activism and advocacy fall within the scope of crime. LGBTI+ associations could face legal prosecution. The public visibility of LGBTI+ individuals is criminalized.

Because of the draft’s vague wording, behaviors reflecting a person’s gender expression by reference to the civil registry, many forms through which trans+ people can express themselves, and even support for and advocacy of LGBTI+ human rights may be defined as unlawful. The text remains a draft and is being prepared for submission to committee.