Summary:

There has been a notable rise in the targeting of transgender individuals and spaces in Jordan from law enforcement authorities and civilians alike, using Ottoman and British mandate era morality laws to punish transgender expression and existence. Additionally, new legislation has been enacted to specifically curtail the freedom of speech and digital access of LGBTQ+ individuals. The Jordanian Security Forces have coerced queer community spaces into complete cessation of activities, resulting in the departure of many transgender and queer individuals out of concern for their personal safety. As such, access to legal gender recognition and healthcare is explicitly prohibited. Interesex people have been able to change their legal gender markers, but transgender people cannot due to recent implementation of recent laws. Similarly, Jordan criminalizes gender-affirming healthcare by imposing penalties on healthcare professionals who provide these services, under the pretext of medical liability laws.

Criminalization:

De-facto: The Kingdom of Jordan employs de-facto criminalization as a means of sanctioning transgender expression, employing a combination of legal provisions that pertain to ambiguous morality regulations and legal obstacles that curtail transgender individuals’ fundamental rights, including the right to freedom of speech and expression.

In August, the Jordanian authorities ratified and implemented a new cybercrime legislation that penalizes both offline and online freedom of expression, while also rescinding internet users’ right to privacy. This legislation introduces an assortment of imprecise legal provisions that can be employed to target marginalized groups.

• Article 13 (A) of the Cybercrime Law of 2023: 

Whoever sends, publishes, prepares, produces, saves, processes, displays, prints, buys, sells, transmits, or promotes pornographic activities or works using an information network, information technology, information system, or website, shall be punished by imprisonment for a period of no less than six months or a fine of no less than (3000) three thousand Dinars and no more than (6000) six thousand Dinars.

Prosecution for the crimes stipulated in Clause (1) of this Paragraph shall be carried out based on the complaint of the victim who has completed eighteen years of age, and the public right lawsuit shall be dropped by the forgiveness of the victim.

If the purpose of the acts stipulated in Clause (1) of this Paragraph is to direct or incite to commit a crime or with the intent of sexual exploitation, they shall be prosecuted without the need for a complaint, and the penalty shall be imprisonment for a period of no less than one year and a fine of no less than (6000) six thousand Dinars and no more than (15000) fifteen thousand Dinars.

• Article 13 (B) of the Cybercrime Law of 2023: 

The actions stipulated in Clause (1) of Paragraph (a) of this Article shall be punishable by imprisonment for a period of no less than one year or a fine of no less than (6000) six thousand Dinars and no more than (30000) thirty thousand Dinars if this content is sexually stimulating images, recordings, drawings, or others of sexual organs, real or virtual sexual acts, or simulated sexual acts of a juvenile under eighteen years of age, or if the content is related to a person with a mental illness or a disability.

The acts stipulated in Clause (3) of Paragraph (a) of this Article shall be punished by imprisonment for a period of no less than two years and a fine of no less than (9000) nine thousand Dinars and no more than (30000) thirty thousand Dinars if the content is sexually exciting images, recordings, drawings, or others of sexual organs, real or virtual sexual acts, or simulation of a juvenile under eighteen years of age, or is designed to lure him, or the purpose is to direct or incite him to commit a crime, or with the intent to exploit him, or if this content is related to a person with a mental illness or mental disability.

Whoever possesses images, recordings, drawings or other data within the information system or data storage support, or sexually suggestive of real, virtual, or simulated sexual organs or sexual acts of a juvenile under eighteen years of age, or if the content relates to a person with a mental illness or mental disability, shall be punished by imprisonment for a period of no less than six months or a fine of no less than (3000) three thousand Dinars and no more than (6000) six thousand Dinars.

• Article 14 of Cybercrime Law of 2023:

“Whoever uses an information network, information technology, information system, or establishes a website to facilitate, promote, incite, assist, or exhort prostitution and debauchery, or seduce another person, or expose public morals, shall be punished with imprisonment for a period of no less than six months and a fine of no less than ‎ (9000) nine thousand Dinars and no more than (15000) fifteen thousand Dinars.

Whoever uses an information network, information technology, information system, or establishes a website for the purposes stipulated in Paragraph (a) of this Article to exploit those who have not completed eighteen years of age or who suffers from a mental illness or a mental disability in prostitution shall be punished by temporary servitude and a fine of no less than (15000) fifteen thousand Dinars and no more than (45000) forty five thousand Dinars.”

By not defining what the terms “pornographic content” or “promoting, instigating, aiding or inciting immorality” explicitly includes, legal authorities are well within their legal right to target digital content pertaining to gender and sexuality. 

• Article 12 of Cybercrime Law of 2023:

“Whoever circumvents the IP address by using a fictitious address or an address belonging to a third party, or by any other means, with the intention of committing a crime or preventing its discovery, shall be punished by imprisonment for a period of no less than six months or a fine of no less than (2500) two thousand five hundred Dinars and no more than (25000) twenty five thousand Dinars.”

Additionally, Article 12 threatens an individual’s right to anonymity and privacy. By prohibiting the usage of Virtual Pirate Networks (VPNs) and any similar software, queer activists and individuals are forced into deciding between their safety and their right to exist safely and expressing their opinions online. It also gives legal authorities more leverage in their routine harassment of transgender people and spaces through additional access into their private lives for very little reasons such as a social media post.

• Article 320 of the Jordanian Penal Code No. 16 of 1960 (as amended up to Law No. 8 of 2011):

Whoever commits an indecent act or makes an indecent gesture in a public place or community in such a way that could be seen by any person in a public place, shall be punished by imprisonment for a period not to exceed six months or a fine not to exceed fifty dinars (JD50).

• Article 467 of the Jordanian Penal Code No. 16 of 1960 (as amended up to Law No. 8 of 2011):

A fine of up to 5 dinars shall be imposed on:

1. Whoever unnecessarily makes a noise in a way that discomforts people.
2. Whoever deliberately throws stones or similar solid objects or dirty objects at cars, buildings, other people’s houses or walls, gardens, or basins.
3. Who releases a harmful animal or releases a madman who was in his custody.
4. Anyone who urges his dog to attack or catch passers-by, or anyone who does not hold it from it, even if there is no harm or damage.

Jordanian authorities also have used laws relating to disturbing public peace to arrest or raid queer and transgender social spaces.

Enforcement:

• In 2014, Jordanian Security Forces apprehended 10 individuals belonging to the queer community for organizing a social gathering at a reception hall in East Amman. The administrative governor of the region sanctioned these arrests as a preventive measure against a potential disruption of public order.
• From October 2022 to June 2023, transgender and queer individuals experienced mounting levels of harassment by Jordanian Authorities, including instances of interrogation, freezing of bank accounts, demands to surrender confidential records, administrative detention, persistent stalking and targeting of specific activists, forcible closure of establishments connected to queer and transgender environments, ongoing intimidation, surveillance, as well as raids on social gatherings and the apprehension of individuals exhibiting presumed “gay” traits.
• In August 2023, the Jordanian organization Rainbow Road and an unidentified LGBTQ+ center were compelled to terminate all their activities due to escalating pressure from Jordanian authorities following the implementation of the Cybercrime Law. The former director of Rainbow Street asserts that he was forcibly taken captive and subjected to questioning by the Jordanian authorities, who coerced him into discontinuing all operations through threats of violence and the initiation of criminal charges against him.

Legal Gender Recognition:

Access to legal gender recognition in Jordan is restricted, with limited options available to individuals seeking such services from local courts, all of which have been met with disapproval.

Name Change:

In Jordan, it is not possible for an individual to change their legal name. While the Civil Status and General Passports Department does allow citizens to apply for a correction of their “family name” in exceptional cases, the same does not apply to first names.

Gender Marker Change:

There is currently no legal mechanism in place for changing gender markers in Jordan. Prior to the enactment of the Medical Liability Law in 2018, Jordanians were able to petition for new identification, allowing transgender individuals to obtain updated identification documents. However, the specific legal procedures for this issuance remain unclear. Furthermore, it is worth noting that certain court cases relating to intersex healthcare have been erroneously categorized as successful instances of transgender legal recognition. This distinction is particularly pertinent in documenting Jordanian legislation regarding gender nonconformity, as recent legal texts stipulate that gender-affirming healthcare and legal recognition are only available to those whom the Jordanian government deems to have a “medical or biological necessity” to undergo such changes.

Case law in Legal Gender Recognition:

• Case 2092/2014: In 2014, Plaintiff A, an intersex woman, sought legal gender recognition from the Amman Court of Cassation after receiving intersex healthcare in Australia. This decision was initially granted by the court in 2020 after establishing her diagnosis of gender identity disorder, leading to the amendment of her gender marker and legal name in the civil status and passport records maintained by the Civil Status and General Passports Department. Subsequently, the Assistant Civil Public Prosecutor expressed personal dissatisfaction with the decision and filed an appeal with the Amman Court of Appeal, which ultimately dismissed the appeal. There is confusion surrounding the gender identity of Plaintiff due to conflicting sources, however the Court Records for this case indicate that approval for legal gender recognition only happened after ensuring that the Plaintiff was intersex.
• Case Number Unavailable #1: IIn 2019, Plaintiff B, a transgender man, petitioned for legal gender recognition from the Jordanian Court. However, in 2021, his case was ultimately dismissed on the basis of preserving public order, societal values, and preventing medical professionals from violating Article 8 of the Medical Liability Law of 2018.
• Case Number Unavailable #2: In 2018, Plaintiff C, a trans woman, requested a change in her legal gender marker and name to align with her gender identity from the Aman Court. Initially approved in 2020, this decision faced significant backlash and was subsequently appealed by the Court of Appeal by the request of the Undersecretary of Jordanian State’s Administration and won soon after. While the Plaintiff appealed to the Court of Cassation, their request was not granted and the Plaintiff’s legal gender recognition was revoked.

• Case Number Unavailable #3: In 2022, a transgender woman requested a change in her legal gender marker and name, citing gender identity disorder. Following a clinical examination, the court determined that the Plaintiff did not require medical treatment and based her claim solely on non-biological and individual desire, using her trip to Thailand for gender-affirming healthcare as evidence. Consequently, her request was then rejected on these grounds.

Gender Affirming Healthcare:

Restricted, Explicit criminalization: Jordanian punishes any medical personnel who perform or assist in gender affirming healthcare with up to 10 years in prison.

• Article (2) of the Medical Liability Law No 25/2018:

Sex Change (Transsexuality): Changing the gender of a person whose gender identity is clear (whether male or female), whose sexual physical features are matching his/ her physiological, biological and genetic characteristics, and whose gender identity is not suspicious (whether male or female). This definition also means that undergoing a Sex Reassignment Surgery (SRS) for this category is considered an inconsistent deviation from the gender type established by medical analyses

• Article (8/H) of the Medical Liability Law No 25/2018:

 A physician shall not do any of the following: Perform sex change (transsexuality) surgeries

Fatwas:

While the State Religion of the Kingdom of Jordan is Islam, it does not derive its source of legislation from the religion. As such, religion does not serve a role in creating Jordanian legislation but may influence political or social opinion on certain matters like being gender non-conforming. Jordanian Islamic authorities have issued two Fatwas on gender affirming healthcare. They both follow a similar logic: surgeries should only be available in the case of a biological need. In contrast, transgender people suffer from Gender Identity Disorder, which should be treated with therapy and not surgery. Intervening with changes to genitals changes God’s intended design and would not truly allow a person to transition as per their logic.

• Fatwa #2745/2012: The fatwa points out that intersex people existed in the Prophet’s time and calls on society to treat intersex people with kindness the same way the Prophet did during his time. The fatwa is opposed to the idea of “changing” one’s sex, describing the urge to do so as a condition or sickness that occurs at birth.  Transitioning as a treatment for being transgender is explicitly prohibited because human beings are not permitted to change or alter God’s creations.

• Fatwa (245) (14/2017): The fatwa prohibits transgender people with Gender Identity Disorder from accessing gender affirming and transitioning. Instead, they must reach peace with their bodies as it is not permissible to change one’s reproductive system.

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Cases Law on Legal Gender Recognition:

Islamic Rulings (Fatwas):