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The Code penalised certain issues related to marital life and sexuality (such as forced marriage, rape, separation/divorce without the approval of a clerical court, and infanticide).

It did not, however, mention same-sex sexual activity; and so homosexuality became effectively legal for a period of six years.

Eventually, the new Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse) between human beings (heterosexual and homosexual).

The Socialist Federal Republic of Yugoslavia later restricted the offense in 1959 to only apply to homosexual anal intercourse; but with the maximum sentence reduced from 2 to 1 year imprisonment.

However, the progressive reforms introduced by Prince Alexander Karađorđević and Prince Mihailo were quashed when Miloš Obrenović returned to power.

In 2005, Parliament approved the Law on Higher Education, which guarantees equal rights regardless of sexual orientation in those institutions (among other categories).

On 26 March 2009, Parliament approved a unified anti-discrimination law which prohibits, among other things, discrimination on the basis of sexual orientation and transgender status in all areas.

More widely, the Anti-Discrimination Law of 2009 prohibits hate speech on the basis of sexual orientation across wider Serbia society.

In 2010, the Serbian Army agreed that gay and bisexual men and women may openly serve in the professional army, but that news was not broadcast widely across media.