LGBT rights in Europe

Part of a series on
Lesbian, gay, bisexual
and transgender (LGBT)
rights
           
Laws around the world
Recognition of relationships
Same-sex marriage
LGBT adoption
Military service
Immigration issues
LGBT rights organizations
Opposition
           
 LGBT portal

Lesbian, gay, bisexual, transgender (LGBT) rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples. It is widely believed that the LGBT community enjoy far greater acceptance, rights, protections and happiness in Europe (specifically The EU) than anywhere else in the world.

Contents

History

Although same-sex relationships were quite common in ancient Greece, Rome and pagan Celtic societies, after Christianity became the official religion of the Roman Empire, severe laws against homosexual behavior appeared. An edict by the Emperor Theodosius I in 390 condemned all "passive" homosexual men to death by public burning. This was followed by the Corpus Juris Civilis of Justinian I in 529, which prescribed public castration and execution for all who committed homosexual acts, both active and passive partners alike. Justinian's law code then served as the basis for most European countries' laws against homosexuals for the next 1400 years. Homosexual behavior, called sodomy, was considered a capital crime, and thousands of homosexual men were executed across Europe during waves of persecution in these centuries. Lesbians were less often singled out for punishment, but they also suffered persecution and execution from time to time.[1]

Since the foundation of Poland in 966, Polish law has never defined homosexuality as a crime.[2] Forty years after Poland lost its independence in 1795, the sodomy laws of Russia, Prussia, and Austria came into force in occupied Polish territory. Poland regained its independence in 1918 and abandoned the laws of the occupying powers.[3][4][5] In 1932, Poland codified the equal age of consent for homosexuals and heterosexuals at 15.[6]

During the French Revolution, the French National Assembly rewrote the criminal code in 1791, omitting all reference to homosexuality. During the Napoleonic wars, homosexuality was decriminalised in territories coming under French control, such as the Netherlands and many of the pre-unification German states, however in Germany this ended with the unification of the country under the Prussian Kaiser, as Prussia had long punished homosexuality harshly. On 6 August 1942, the Vichy government made homosexual relations with anyone under twenty-one illegal as part of its conservative agenda. Most Vichy legislation was repealed after the war– but the anti-gay Vichy law remained on the books for four decades until it was finally repealed in August 1982 when the age of consent (15) was again made the same for heterosexual as well as homosexual partners.

Nevertheless, gay men and lesbians continued to live closeted lives, since moral and social disapproval by heterosexual society remained strong in France and across Europe for another two decades, until the modern gay rights movement began in 1969.

Further information: LGBT social movements

Various countries under dictatorships in the 20th century were very anti-homosexual, such as in Nazi Germany, and in Spain under Francisco Franco's regime. In contrast, after Poland regained independence after World War I, it went on in 1932 to become the first country in 20th century Europe to decriminalise homosexual activity, followed by Denmark in 1933, Iceland in 1940, Switzerland in 1942 and Sweden in 1944.

In 1979, a number of people in Sweden called in sick with a case of being homosexual, in protest of homosexuality being classified as an illness. This was followed by an activist occupation of the main office of the National Board of Health and Welfare. Within a few months, Sweden became the first country in the world to remove homosexuality as an illness.[7] In 1989, Denmark was the first country in Europe, and the world, to introduce registered partnerships for same-sex couples. In 2001 a next step was made, when the Netherlands opened civil marriage for same-sex couples, which made it the first country in the world to do so. Since then, six other European states followed (Belgium in 2003, Spain in 2005, Norway and Sweden in 2009 and Portugal and Iceland in 2010).

On 22 October 2009, the assembly of the Church of Sweden, voted strongly in favour of giving its blessing to homosexual couples,[8] including the use of the term marriage, ("matrimony"). The new law was introduced on 1 November 2009.

Recent developments

In 2010, Portugal and Iceland became the sixth and seventh European countries to adopt same-sex marriage legislation. There is also a strong possibility politically in 2011 or 2012 that same-sex marriage will become legal in the United Kingdom, Luxembourg and Finland.[9][10]

Both Ireland and the Isle of Man allows civil partnerships since 2011. Liechtenstein also legalized registered partnership by 68 percent of voters via a referendum in 2011.[11]

The UK Crown territory of Jersey have on 12 July 2011 approved civil partnerships and is currently awaiting royal assent.[12]

Public opinion around Europe

See also: Societal attitudes towards homosexuality

In a 2002 Pew Global Attitudes Project surveyed by the Pew Research Center, showed majorities in every Western European nation said homosexuality should be accepted by society, while most Russians, Poles and Ukrainians disagreed.[13] In 2006 a recent Eurobarometer poll surveying up to 30,000 people from each European Union country, showed split opinion around the 27 member states on the issue of same sex marriage. The majority of support came from the Netherlands (82%), Sweden (71%), Denmark (69%), Belgium (62%), Luxembourg (58%), Spain (56%), Germany (52%) and Czech Republic (52%). All other countries within the EU had below 50% support; with Romania (11%), Latvia (12%), Cyprus (14%), Bulgaria (15%), Greece (15%), Lithuania (17%), Poland (17%) Hungary (18%) and Malta (18%) at the other end of the list.[14] Same sex adoption had majority support from only two countries: Netherlands at 69% and Sweden at 51% and the least support from Poland and Malta on 7% respectively.[14]

A more recent survey carried out in October 2008 by The Observer affirmed that the majority of Britons – 55% – support gay marriage.[15] Other polls show that the majority of the Irish public support civil unions and gay adoption, 51% and 50%, respectively.[16] France has support for same sex marriage at 62%,[17] and Russian at 14%.[18] Italy has support for the 'Civil Partnership Law' between gays at 45% with 47% opposed.[19] In 2009 58.9% of Italians supported civil unions, while 40.4 supported same-sex marriage.[20] In 2010, 63.9% of Greeks supported same-sex partnerships, while 38.5% supported same-sex marriage.[21]

According to pollster Gallup Europe: women, younger generations, and the highly educated are more likely to support same-sex marriage and adoption rights for gay people.[22]

Legislation by country or territory

Main article: LGBT rights by country or territory

European Union

See: LGBT rights in the European Union
European Union law forbids discrimination on the grounds of sexual orientation. All EU states are required to legalise homosexuality and implement anti-discrimination laws.[23][24]

Northern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression MSMs allowed to donate blood
Denmark Legal since 1933
+ UN decl. sign.		 Legal since 1989. First country to legalise same-sex unions. (under consideration) Only in registered partnerships since 2010 Bans all anti-gay discrimination[25][26]
Estonia Legal since 1992
+ UN decl. sign.		 Only married couples can adopt Bans some anti-gay discrimination[26]
Faroe Islands (constituent country of the Kingdom of Denmark) Legal since 1933 (Denmark responsible for defence) Bans some anti-gay discrimination[26]
Finland Legal since 1971
+ UN decl. sign.		 Legal since 2002 (under consideration)[10] / Step-child adoption only (full joint adoption under consideration) Bans some anti-gay discrimination[26]
Greenland (constituent country of the Kingdom of Denmark) Legal since 1933
+UN decl. sign via Denmark.		 Legal since 1996 / Step-child adoption only (Denmark responsible for defence) Bans some anti-gay discrimination
Iceland Legal since 1940
+ UN decl. sign.		 Legal since 1996 Legal since 2010 Legal since 2006 N/A Bans all anti-gay discrimination[26] Sex changes are legal and documents can be amended to the recognised gender.
Ireland Legal since 1993
+ UN decl. sign.		 Legal since 2011 Supreme Court decision pending Single gay persons may adopt. Step Child adoption under consideration. Bans all anti-gay discrimination[26] Legislation to recognise gender identity pending after High Court ruling in favour.
Isle of Man Legal since 1991 Legal since 2011 UK responsible for defence Bans some anti-gay discrimination Gender Recognition Act 2009[2]
Latvia Legal since 1992
+ UN decl. sign.		 Constitutional ban since 2006 Only married couples can adopt Bans some anti-gay discrimination
Lithuania Legal since 1993
+ UN decl. sign.		 Constitutional ban since 1992 Only married couples can adopt Bans all anti-gay discrimination[26]
Norway Legal since 1972
+ UN decl. sign.		 Legal since 1993 Legal since 2009 Legal since 2009 Bans all anti-gay discrimination.[27][26] Sex changes are legal and documents can be amended to the recognised gender.
Sweden Legal since 1944
+ UN decl. sign.		 Legal since 1995 Legal since 2009 Legal since 2003 Bans all anti-gay discrimination[25] Sterilization and divorce necessary for legal gender change.
United Kingdom Legal since 1967 in England and Wales, 1981 in Scotland and 1982 in Northern Ireland
+ UN decl. sign.		 Civil partnership since 2005 Gay marriage due to be introduced by 2015. [28][29] Legal since 2002 in England and Wales, 2009 in Scotland and unclear in Northern Ireland Bans all anti-gay discrimination[30][25] Gender Recognition Act 2004 From November 2011 in England, Scotland and Wales if they haven't had sex with another man in the previous twelve months.[31] Under consideration in Northern Ireland.

Western Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Belgium Legal since 1795
+ UN decl. sign.		 Legal since 2000 Legal since 2003 Legal since 2006 Bans all anti-gay discrimination[26]
France Legal since 1791
+ UN decl. sign.		 Pacte civil de solidarité
since 1999		 Single gay persons may adopt Bans all anti-gay discrimination[25][26]
Guernsey (incl. Alderney, Herm and Sark) legal since 1983 (proposed) UK responsible for defence Bans some anti-gay discrimination[32] [32]
Jersey legal since 1990 (passed the States of Jersey, awaiting royal assent) UK responsible for defence Bans some anti-gay discrimination Gender Recognition (Jersey) Law 2010[3]
Luxembourg Legal since 1795
+ UN decl. sign.		 Legal since 2004 (proposed) Single gay persons may adopt (step-child only proposed) Bans some anti-gay discrimination
Monaco Legal since 1793 France responsible for defence
Netherlands Legal since 1811
+ UN decl. sign.		 Legal since 1998 Legal since 2001. First country to legalise same-sex marriage. Bans all anti-gay discrimination[26]

Central Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression MSMs allowed to donate blood
Austria Legal since 1971
+ UN decl. sign.		 Registered partnership since 2010 Bans some anti-gay discrimination
Croatia Legal since 1977
+ UN decl. sign.		 Unregistered cohabitation since 2003 Single gay persons may adopt Bans all anti-gay discrimination[33][26] Act on the elimination of discrimination, The Law on volunteering, Electronic media Law (all including both gender identity and gender expression)
Czech Republic Legal since 1962
+ UN decl. sign.		 Registered partnership since 2006. Single gay persons may adopt Bans some anti-gay discrimination
Germany Legal since 1969 (since 1968 in East Germany)
+ UN decl. sign.		 Registered partnership since 2001 / Step-child adoption only (full joint adoption proposed) Bans some anti-gay discrimination
Hungary Legal since 1962
+ UN decl. sign.		 Registered partnership since 2009 Constitutional ban since 2012[34] Bans some anti-gay discrimination
Liechtenstein Legal since 1989
+ UN decl. sign.		 Registered partnership since 2011 N/A
Poland Never punished. Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932
+ UN decl. sign.		 (proposed) Constitution defines marriage as "a union of a man and a woman"[35] Single gay persons may adopt Bans some anti-gay discrimination Sex change legal; birth certificate is amended after the reassignment surgery
Slovakia Legal since 1962
+ UN decl. sign.		 Bans some anti-gay discrimination
Slovenia Legal since 1977
+ UN decl. sign.		 Registered partnership since 2006 (proposed) (proposed) Bans all anti-gay discrimination Sex change is legal: new documents can be issued based on a person's new gender identity.[36]
Switzerland Geneva, Vaud, Valais and Ticino: legal since 1798. Nationwide since 1942
+ UN decl. sign.		 Registered partnership since 2007 Single gay persons may adopt. Bans some anti-gay discrimination

Eastern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Albania Legal since 1995
+ UN decl. sign.		 Bans all anti-gay discrimination[37] Forbids discrimination based on gender identity.
Armenia Legal since 2002
+ UN decl. sign.		 Unknown
Azerbaijan Legal since 2000 Unknown
Belarus Legal since 1994 Constitutional ban since 1994. Banned from military service
Bosnia and Herzegovina Legal since 1998
+ UN decl. sign.		 Bans some anti-gay discrimination
Bulgaria Legal since 1968
+ UN decl. sign.		 Constitutional ban since 1991. Single gay persons may adopt. Bans some anti-gay discrimination
Georgia Legal since 2000
+ UN decl. sign.		 Unknown Bans some anti-gay discrimination
Macedonia Legal since 1996
+ UN decl. sign.		 Bans some anti-gay discrimination[26]
Moldova Legal since 1995 Constitutional ban since 1994.
Montenegro Legal since 1977
+ UN decl. sign.		 Constitutional ban since 2007. Bans all anti-gay discrimination[38] Forbids discrimination based on gender identity.
Romania Legal since 1996
+ UN decl. sign.		 (proposed) Bans all anti-gay discrimination[26]
Russia (incl. all constituent regions) Legal since 1993. Previously legal from 1917 to 1930.
Serbia Legal since 1994
+ UN decl. sign.		 Constitution defines marriage as "a union of a man and a woman" Bans some anti-gay discrimination Act on the elimination of discrimination
Ukraine Legal since 1991 Constitution defines marriage as "a union of a man and a woman"

Southern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Andorra Legal since 1790
+ UN decl. sign.		 Legal since 2005 Legal since 2005 N/A Bans all anti-gay discrimination[26]
Cyprus Legal since 1998
+ UN decl. sign.		 (proposed) Bans some anti-gay discrimination
Gibraltar (overseas territory of the UK) Legal since 1993 UK responsible for defence Bans some anti-gay discrimination
Greece Legal since 1951 (Age of consent discrepancy)
+ UN decl. sign.		 (proposed) (proposed)[39] [40] Bans some anti-gay discrimination
Italy Legal since 1890
+ UN decl. sign.		 Only married couples can adopt Bans some anti-gay discrimination Sex changes are legal and documents can be amended to the recognised gender.[41]
Malta Legal since 1973
+ UN decl. sign.		 (proposed) Bans some anti-gay discrimination Sex changes are legal and documents can be amended to the recognised gender
Portugal Legal since 1983
+ UN decl. sign.		 Legal since 2001 Legal since 2010 Single gay persons may adopt Bans all anti-gay discrimination, according to Constitution[26] Sex changes are legal and documents can be amended to the recognised gender, enacted in 2011.
San Marino Legal since 2001
+ UN decl. sign.		 Unknown
Spain Legal since 1979
+ UN decl. sign.		 Legal since 1998 Legal since 2005 Bans all anti-gay discrimination[26] La Ley de Identidad de Género (Gender Identity Law), enacted in 2007.
Turkey Legal since 1858[25] Committee formed in March 2010 to draft a discrimination clause including sexual orientation.[42]
Vatican City Legal[25] Unknown

Partially recognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Kosovo (only partially recognised, claimed by Serbia) Legal since 1994 (as part of Serbia), 2008 (as partially recognised sovereign territory) Bans all anti-gay discrimination[26]
Turkish Republic Northern Cyprus (recognised only by the Republic of Turkey) Male illegal (Expected to be decriminalised in 2012),
Female legal[25]

See also

LGBT portal
Human rights portal

References

  1. ^ Crompton, Louis. (2003). Homosexuality & Civilization. Cambridge: The Belknap Press of Harvard University Press. pp. 1-212.
  2. ^ http://www2.hu-berlin.de/sexology/IES/poland.html%20%20 http://www2.hu-berlin.de/sexology/IES/poland.html
  3. ^ "A Brief History of Gay Poland". Globalgayz.com. http://www.globalgayz.com/country/Poland/view/POL/a-brief-history-of-gay-poland. Retrieved 2011-07-16. 
  4. ^ ">> social sciences >> Poland". glbtq. http://www.glbtq.com/social-sciences/poland.html. Retrieved 2011-07-16. 
  5. ^ "The International Encyclopedia of Sexuality: Poland". .hu-berlin.de. http://www2.hu-berlin.de/sexology/IES/poland.html#6. Retrieved 2011-07-16. 
  6. ^ The Oxford companion to politics of ... - Google Books. Books.google.com. http://books.google.com/books?id=2wd30pXJxpYC&pg=PA308&lpg=PA308&dq=1932+decriminalization+Poland&source=bl&ots=JIJAC5Uzhc&sig=1CrcxoPSk36b9SjyUJa2aTMfuXE&hl=en&ei=bUhETOSYAo2jOPiV8NsM&sa=X&oi=book_result&ct=result&resnum=7&ved=0CDIQ6AEwBg#v=onepage&q=1932%20decriminalization%20Poland&f=false. Retrieved 2011-07-16. 
  7. ^ Jag känner mig lite homosexuell idag | quistbergh.se The American Psychiatric Association removed homosexuality from its list of mental disorders in 1973 with publication of its DSM II. Source: The American Psychiatric Association, and DSM II. Thus, the American Psychiatric Association took this step six years before a similar action was taken in Sweden.
  8. ^ Kyrkomötet öppnade för enkönade äktenskap – DN.se
  9. ^ Luxembourg Considers Legalizing Gay Marriage and Adoption
  10. ^ a b Gender-Neutral Marriage Law Possible by 2012
  11. ^ Liechtenstein: Homo-Ehe kommt nächstes Jahr Queer.de, 17 December 2009
  12. ^ [1]
  13. ^ "Views of a Changing World 2003". The Pew Research Center. http://people-press.org/reports/display.php3?ReportID=185. Retrieved 29 January 2007. 
  14. ^ a b "Eight EU Countries Back Same-Sex Marriage". Angus Reid Global Monitor : Polls & Research. http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/14203. Retrieved 29 January 2006. 
  15. ^ "Sex uncovered poll: Homosexuality". The Guardian (London). 26 October 2008. http://www.guardian.co.uk/lifeandstyle/2008/oct/26/relationships. Retrieved 7 May 2010. 
  16. ^ "Irish Ponder Same-Sex Unions, Adoption". Angus Reid Global Monitor : Polls & Research. http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/10964. Retrieved 29 January 2006. 
  17. ^ "French Back Same-Sex Marriage, Not Adoption". Angus Reid Global Monitor : Polls & Research. http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/14058. Retrieved 29 January 2006. 
  18. ^ "Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor : Polls & Research. http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/5986. Retrieved 29 January 2006. 
  19. ^ "Italians Divided Over Civil Partnership Law". Angus Reid Global Monitor : Polls & Research. http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/14801. Retrieved 21 February 2007. 
  20. ^ "Italiani più avanti della politica | Arcigay". Arcigay.it. 1999-02-22. http://www.arcigay.it/italiani-piu-avanti-della-politica. Retrieved 2011-07-16. 
  21. ^ http://images.tanea.gr/assetservice/Image.ashx?c=15881978&r=0&p=0&t=0&q=100&v=1&s=1&w=800
  22. ^ "Public opinion and same-sex unions (2003)". ILGA Europe. http://www.ilga-europe.org/europe/issues/marriage_and_partnership/public_opinion_and_same_sex_unions_2003. Retrieved 29 January 2006. 
  23. ^ Perspective: what has the EU done for LGBT rights?, Café Babel 17/05/10
  24. ^ What is the current legal situation in the EU?, ILGA Europe
  25. ^ a b c d e f g Ottosson, Daniel. "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". The International Lesbian, Gay, Bisexual, Trans and Intersex Association. http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2010.pdf. Retrieved 30 September 2010. 
  26. ^ a b c d e f g h i j k l m n o p q r Rainbow Europe Country Index
  27. ^ "Norwegian Penal code, Straffelov­en, section 135a" (in Norwegian). Lovdata. http://www.lovdata.no/all/tl-19020522-010-017.html. 
  28. ^ http://www.pinknews.co.uk/2011/09/16/government-proposes-introduction-of-full-gay-marriage-after-cameron-intervention/
  29. ^ Kirkup, James (19 July 2010). "Gay couples will get equal right to marry". Daily Telegraph (London: Telegraph Media Group). http://www.telegraph.co.uk/news/newstopics/politics/7898941/Gay-couples-will-get-equal-right-to-marry.html. Retrieved 20 July 2010. 
  30. ^ Criminal Justice and Immigration Act 2008 (c. 4)
  31. ^ "Exclusion of Men who have Sex with Men from Blood Donation". UK Blood service. September 2011. http://www.blood.co.uk/can-i-give-blood/exclusion/. Retrieved 28 October 2011. 
  32. ^ a b "The Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004". Guernsey Legal Resources. http://www.guernseylegalresources.gg/ccm/legal-resources/laws/discrimination/prevention-of-discrimination-enabling-provisions-bailiwick-of-guernsey-law-2004.en. Retrieved 30 September 2010. 
  33. ^ "Zakon o suzbijanju diskriminacije". Narodne-novine.nn.hr. 21 July 2008. http://narodne-novine.nn.hr/clanci/sluzbeni/340327.html. Retrieved 30 September 2010. 
  34. ^ Impey, Joanna (24 April 2011). "Hungarian president signs new constitution despite human rights concerns". Deutsche Welle. http://www.dw-world.de/dw/article/0,,15028544,00.html. Retrieved 16 May 2011. 
  35. ^ The Constitution of the Republic of Poland
  36. ^ ZAKON O MATIČNEM REGISTRU
  37. ^ "Albania protects LGBT people from discrimination". ILGA-Europe. 5 February 2010. http://www.ilga-europe.org/europe/news/latest_news/albania_protects_lgbt_people_from_discrimination. Retrieved 5 February 2010. 
  38. ^ Montenegro fulfils EU membership requirement and protects LGBT people from discrimination
  39. ^ http://www.tovima.gr/society/article/?aid=400009
  40. ^ http://en.wikipedia.org/wiki/Sexual_orientation_and_military_service#Greece
  41. ^ "Legge 14 Aprile 1982, n. 164 (GU n. 106 del 19/04/1982) Norme in Materia di Rettificazione di Attribuzione di Sesso." (in Italian). Archived from the original on 2007-05-23. http://replay.waybackmachine.org/20070523022319/http://www.italgiure.giustizia.it/nir/lexs/1982/lexs_282171.html. 
  42. ^ Discrimination will be banned, draft law says

External links