Gay rights in the Netherlands

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The Netherlands is known for its liberal-libertarian policies on personal matters such as sexual orientation. The public widely supports tolerance and equal rights for LGBT people [citation needed], although conservative Christians and Muslim immigrants are more conservative in their beliefs about gender and sexual norms.

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[edit] History pre-1980s

Sodomy was a capital crime and a crackdown on sodomy was started in 1730, during which hundreds of people were executed for homosexuality. Homosexual relations between consenting adults in private were first legalized in 1811 when France invaded and installed the Napoleonic Code. After the Dutch received independence in 1813 no new sodomy law was enacted. However in 1911 the ruling Christian-based political parties enacted "article 248bis" that raised the age of consent for homosexuality to 21, while the age of consent for heterosexuality remained at 16. Along with the unequal age of consent were various laws against "public indecency" that were often used against gay men.

In response to this new law, a Dutch chapter of the Scientific Humanitarian Committee was organized under the leadership of Jacob Schorer. The organization was shut down by the German Nazis during the Second World War, and the German law that prohibited homosexuality, Paragraph 175 was introduced into Dutch law. The Dutch LGBT rights movement was revived in 1945 when the Center for Culture and Recreation was created in the Hague by Niek Engelschman [1] which published the "Right To Live" publication (Levensrecht).

In the late 1940s into the 1960s several Dutch psychiatrists and clergy began to see homosexuality as a minor mental illness. During the sexual revolution of the 1960s, this relatively more open-minded point of view resulted in a less repressive attitude towards homosexuality and the legalization of adultery, abortion, and pornography. Prostitution was legalized in the 1990s. In 1971, Article 248bis was repealed and in 1973 Dutch mental health institutions stopped treating homosexuality as an illness and the military lifted its ban on homosexuals. More Dutch LGBT people started to "come out", gay publications such as "Gay Krant" started to be published and the liberal and left-wing Dutch political parties started to support LGBT rights as part of an overall support of social tolerance and liberalism.

[edit] 1980s — present

The AIDS-HIV pandemic prompted most Dutch LGBT people to change their sexual habits to practice safe sex, and comprehensive sexual education was introduced into the public schools that resulted in a low rate of infection. In 1993 the Dutch parliament enacted the "Equal Rights Law" that included sexual orientation as a category that was not grounds for discrimination. In 1998 the Dutch parliament granted same-sex couples domestic partnership benefits and in 2001 the government granted legal recognition to same-sex marriage [2].

Isolated verbal and physical attacks on LGBT people tend to come from the socially conservative leadership of the Muslim community and their followers (5% of the population). [citation needed] Political leaders of the conservative Christian parties (accounting for another 5%) oppose gay-rights legislation.

The two overseas territories within the Dutch kingdom, Aruba and the Netherlands Antilles, reject the Netherlands' liberal legislation regarding sexual orientation. While homosexual sexual relations between consenting adults in private are legal, most of the people in the island territories affiliate with the socially conservative Roman Catholic Church. As a result, many Antillians and Arubans do not support LGBT rights. Bias motivated crimes against LGBT people in these two island territories have been reported [3].

[edit] Recent history

In 2002 the Netherlands Red Cross Society started to participate in the annual gay pride festival to promote AIDS-HIV education [4].

In 2005 American journalist Chris Crain and his boyfriend were the victims of a gay-bashing while in the Netherlands by two men described as having "Moroccan features" [5].

In 2005 the Dutch government started allowing married same-sex couples to adopt children from overseas,

In 2005 the former Dutch colony of Aruba refused to recognize same-sex marriages, although it has legalized homosexual relations between consenting adults in private [6].

In 2006 the Dutch government has deported several LGBT immigrating Iranians who claim that they will be killed if they are sent back, but after protests from the Dutch population, the government let them stay. [7].

[edit] LGBT community

The Netherlands is a popular destination for gay tourism especially Amsterdam where a LGBT gay pride festival occurs in mid-August [8]. Several gay-owned or gay-friendly hotels, nightclubs and cafes operate in the city.

[edit] References