scoring guide
a plain-language walkthrough of the identities, categories, and outcomes that shape each score on the the out index™
our scored identities
Each identity is scored across the same legal and policy domains. The blurbs below explain what each identity represents in the Out Index framework.
the out index™ classifies men who love men (MLM) as any person who is male identifying who has same sex attraction. This includes homosexual, bisexual, pansexual, queer and questioning men.
MLM can include cisgender and transgender men, and may also include some non binary people who feel that man or male identifying fits their lived experience and relationship to attraction. Because language and identity are personal, we use MLM as a broad, inclusive term without trying to overrule how anyone self identifies.
We also recognise that sexuality exists on a spectrum, and that people’s labels, or comfort with labels, can change over time. Our aim is to be welcoming and accurate while prioritising dignity and safety. If you are a man who loves men, you belong here, whether you are out, private, questioning, or still figuring things out.
Criminalisation
Criminalisation measures whether legal frameworks recognise LGBTQIA+ people in law, starting with whether same sex intimacy is criminalised and what penalties apply. It focuses on the legal status of LGBTQIA+ identities and relationships with the state, not social attitudes.
For men who love men (MLM), women who love women (WLW), binary trans, non-binary, and intersex people, the score reflects whether laws impose punishment such as imprisonment or the death penalty, whether those penalties are enforced or dormant, and whether same sex intimacy is fully decriminalised.
Because criminalisation shapes access to safety, justice, healthcare, and daily life, this category carries significant weight across the index. Higher scores reflect full decriminalisation and legal recognition, while lower scores reflect criminal penalties and the severity of enforcement.
Scores range from enforced death penalty and enforced imprisonment, through dormant penalties, to full decriminalisation. A weakest link rule applies: if a restriction exists anywhere within a country, including any state or territory, the country receives that lowest score for that category.
Outcomes
our scored categories
Access Protection
Access Protection measures whether LGBTQIA+ people can access everyday services and participate in civic life without being blocked, excluded, or singled out by legal frameworks. It focuses on laws and policies that shape access, not social attitudes.
For transgender, non-binary, and intersex people, Access Protection centres on legal access to gender-affirming healthcare and the ability to participate in public life without exclusion. It considers whether people can use public bathrooms, take part in sports, and be treated fairly in systems that affect daily life such as military and jury service, blood donation rules, and prison or detention placement and safety.
For men who love men (MLM) and women who love women (WLW), the focus is on practical partner recognition in essential settings, especially healthcare. This includes rights like visitation, next of kin status, medical decision-making, and consent, alongside equal access rules where relevant.
the out index™ applies a weakest link rule: if protections are missing or weakened anywhere within a country, including any state or territory, the country receives that lowest score for that category."
Blood Donation
Blood Donation measures whether legal frameworks restrict or allow blood donation based on LGBTQIA+ status. In practice, this most often affects men who love men (MLM) through deferral rules tied to sex between men, but it can also affect transgender and non-binary people depending on how eligibility rules are written and applied. It captures whether donation policies are discriminatory, restrictive, or evidence based and equal.
Outcomes
Healthcare
Healthcare measures whether legal frameworks allow LGBTQIA+ people to access healthcare on equal terms. It covers protections against being refused care, denied services, or treated differently because of sexual orientation, gender identity or expression, or sex characteristics. For transgender, non-binary, and intersex people it also captures whether gender-affirming care is legally accessible, including whether laws restrict, ban, or permit medically necessary care.
Outcomes
Military Service
Military Service Access measures whether legal frameworks allow LGBTQIA+ people to serve in the military without being excluded, restricted, or discriminated against. It covers whether service is legally permitted on equal terms, whether discriminatory bans or limitations exist, and whether military policies can lawfully target people based on sexual orientation, gender identity or expression, or sex characteristics.
Outcomes
Public Bathrooms
Public Bathrooms measures whether legal frameworks allow transgender, non-binary, and intersex people to use public bathrooms safely and without discrimination. It covers whether laws restrict bathroom access based on sex assigned at birth or identity documents, whether equal access is protected, and whether public facilities can lawfully exclude or penalise people for using the bathroom that aligns with their gender.
Outcomes
Sports Participation
Sports Participation measures whether legal frameworks allow transgender, non-binary, and intersex people to take part in sport without being excluded or restricted by law or policy. It covers whether participation is legally protected, restricted, or banned, and whether rules permit inclusion consistent with a person’s gender or sex characteristics without discriminatory barriers.