LGBTQI+ rights in Martinique include the ability for same-sex couples to marry, as well as provisions against discrimination in employment, housing, adoption, and other public spheres. The decriminalisation of same-sex sexual acts occurred in 1815, after a dual French-Martinique legal system was put in place. In the current legal system, Article 73 of the Constitution sets the conditions for the application of French laws in the territory. As such, the majority of legal protections against discrimination are recognised under French mainland legislation and automatically applicable to Martinique. 

For instance, discrimination based on one’s sexual orientation in the provision of goods and services has been explicitly recognised under French legislation since 2001, under Article 1 of Law No. 2001-1066 (2001) and amended Articles 225-1 and 225-2 of the French Penal Code.

These amendments extend to the provision of goods such as education and healthcare, as well as against any discriminatory action including the refusal to hire and admonishment or dismissal based on one’s sexual orientation. In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code, which established the principle of non-discrimination based on sexual orientation. 

Furthermore, in 2013, Law Opening Marriage to Same-Sex Couples not only legalized same-sex marriage in France and Martinique, but Article 1 also ensured that no employee was to be sanctioned, dismissed, or subject to discriminatory measures because of their sexual orientation. 

Discrimination in the provision of goods and services based on one’s gender identity was prohibited in France and its territories in 2012, when Article 4 of the Law on Sexual Harassment amended Articles 225-1 of the Penal Code (1994) to prohibit discrimination on the basis of sexual identity, including one’s orientation and gender identity. The former term, “sexual identity”, was replaced by the term “gender identity” in 2016, by the Law on the modernization of justice in the 21st century (Law No. 2016-1547) (2016). 

The majority of amendments pursued on the basis of sexual orientation also included non-discrimination on the basis of gender identity. The aforementioned Articles 225-1 and 225-2 of the Penal Code (1994) extend to employment, education, housing, and other public benefits.