| LGBT rights in Sweden | |
|---|---|
Location of Sweden (dark green)
– in Europe (light green & dark grey) |
|
| Same-sex sexual activity legal? | Legal since 1944, age of consent equalized in 1972 |
| Gender identity/expression | – |
| Recognition of relationships |
Same-sex marriage since 2009 |
| Adoption | Gays and lesbians are allowed to adopt[1] |
| Military service | Gays and lesbians are allowed to serve openly |
| Discrimination protections | Sexual orientation and gender identity/expression protections (see below) |
Sweden became the first country in the world to remove homosexuality as an illness and is considered to be one of the most gay-friendly countries in Europe and the world when it comes to laws surrounding homosexuality.[2] Due to the strong sense of secularism dominating in most of the country and government, Sweden today is seen as a campaigner of gay rights. The Swedish parliament voted to make same-sex marriages fully legal from 1 May 2009, with the votes 261 to 22, with the 22 votes representing some, but not all, members of the Christian Democrats.[3]
Sweden legalised same-sex sexual activity in 1944; in that year the age of consent became 18. In 1987, a law against sex in gay saunas and prostitution was passed to mitigate the spread of HIV.[4] It was repealed in 2004.[5] In 1972, Sweden became the first country in the world to allow transsexuals to legally change their sex, and provides free hormone therapy, equal age of consent set at 15. In 1979, a number of people 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 joined the few other countries in the world at the time to de-classify homosexuality as an illness.[6] Transvestism was declassified as an illness in 2008.[7]
Same-sex couples had the right to register their partnerships from 1995 onwards. These partnerships had all the rights of marriages except "as provided by sections 3–4" of the law. As well, all provisions of a statute or any other legislation related to marriage or spouses apply to registered partnerships and partners, except as under sections 3–4.[8]
As of May 2009[update], new registered partnerships are not being accepted - due to the legalization of same-sex marriage. The status of existing partnerships remains unaltered, except that they can be changed to marriage status under the law if desired.
Effective 1 May 2009, marriage between two persons of the same sex has been legal in Sweden after a government report published in March 2007, written by former Chancellor of Justice Hans Regner, proposing that marriage be extended to same-sex couples.[9]
The former Social Democratic government appointed a commission to investigate the possibilities of same-sex marriages in Sweden. In 2008, the Riksdag voted on a change in the law concerning marriages. As of 2008, the parties in the Riksdag and their opinions of same-sex marriages (presented in order of size in the Riksdag):
The current Swedish cabinet government, under whom this legislation was passed, consists of the Moderate Party, the Centre Party, the Liberal People's Party & the Christian Democratic Party.
| Party | In favour | Seats in the Riksdag | Position | |
|---|---|---|---|---|
| Social Democrats | Yes | 130 | Opposition | |
| Moderate Party | Yes | 97 | Leader of the government | |
| Centre Party | Yes | 29 | Coalition partner in the government | |
| Liberal Party | Yes | 28 | Coalition partner in the government | |
| Christian Democrats | No | 24 | Coalition partner in the government | |
| Left Party | Yes | 22 | Opposition | |
| Green Party | Yes | 19 | Opposition | |
| Final Verdict | Members of Parliament |
| Yes |
|
| No |
|
| Abstain |
|
| Absent |
|
| Final Verdict | Voting members |
| Yes |
|
| No |
|
| Abstain |
|
| Absent |
|
Since 1 February 2003 LGBT people in a registered partnership/marriage have had the same Swedish adoption rights as married couples (this also includes the right of single LGBT persons to adopt). With regard to foreign adoptions, the Ministry of Justice states: "As regards adoption from abroad, it is important that we are sensitive and aware that those countries with which Sweden cooperates often hold a different view on homosexual people and homosexual parenthood. Cooperation regarding inter-country adoptions must be based on trust. This means that the limitations and terms that the countries of origin lay down must be complied with."[12]
In 2005, a new law was passed allowing lesbian couples to be treated for assisted insemination in public hospitals.[13]
Homosexuals are not banned from military service. The Swedish Armed Forces actively work for an environment where LGBT persons do not feel it to be necessary to hide their orientation.[14]
The possibility to change legal gender in Sweden, either through full surgery or partial surgery and hormonal treatment, has been available since 1972 provided one meets several criteria. One has to be a Swedish citizen and 18 years old, unmarried, sterilized and having lived for two years as the opposite gender.[15] The law was re-evaluated in 2007, proposing removals of the requirements to be a Swedish citizen, unmarried and sterilized, and presented to the Christian Democrat minister for Health and Social Affairs.[16] The Swedish Discrimination Ombudsman (DO) and the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights have inquired about the future of the proposed new law. According to the Department for Health and Social Affairs the proposal is still being evaluated, but is considered too flawed to be the basis of a new law.[17]
The Swedish Constitution bans discrimination on grounds of "sexual orientation".[18] In 1987 discrimination against gay men and lesbians was included in the section of the penal code which deals with discrimination on grounds of race, etc. In 2008 Transgender Identity or expression was added to a new unified discrimination code which came into force 1 January 2009.[19][20] Since 2002 the portal section of the constitution bans discrimination on grounds of sexual orientation.
Until 2009 the Swedish Ombudsman against Discrimination on Grounds of Sexual Orientation (Ombudsmannen mot diskriminering på grund av sexuell läggning), normally referred to as HomO, was the Swedish office of the ombudsman against discrimination on grounds of sexual orientation. The Ombudsman against Discrimination on grounds of Sexual Orientation ceased to exist on 1 January 2009; the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Discrimination Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act.[21]
The term HomO was used both to refer to the office and the title of its government-appointed acting head; the last HomO was Hans Ytterberg. The HomO investigated grievances of individuals and files class action suits on their behalf, for example a successful action against a restaurant owner in Stockholm who had harassed a lesbian couple. The HomO office was key in taking a number of initiatives of its own and submitting parliamentary proposals, such as the gender neutral marriage act.
In the Autumn of 2008, the National Board of Health and Welfare proposed that men who have sex with men should become eligible to donate blood, but only after a six month quarantine period after sexual intercourse. An earlier proposition in 2006 to allow MSMs to donate blood was rejected.[22] From 1 March 2010, men who have sex with men were supposed to be allowed to donate blood, after one year of abstaining from sex,[23] but the blood banks rejected the law, causing the law to be delayed until 1 October 2011 at least.[24]
Sweden is generally very gay-friendly with a whole raft of legislation protecting gay and lesbian rights including anti-discrimination law and a Gender neutral Marriage legislation (Same-sex marriage is allowed). A 2006 European Union member poll showed 71% of Swedes support same sex marriage.[2]
The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL), one of the world’s oldest LGBT organizations, originated in October 1950 as a Swedish branch of The Danish Federation of 1948. In April 1952 RFSL adopted its current name and declared itself as an independent organization. It currently has 28 branches throughout Sweden, from Piteå in the north to Malmö in the south, with over 6,000 members.[25]
RFSL works for LGBT people through political lobbying, the dissemination of information, and the organization of social and support activities. Internationally, RFSL works with the International Lesbian and Gay Association (ILGA) and also collaborates with other LGBT organizations in neighboring countries.[25]
The federation operates counseling centers for both women and men in Stockholm, Gothenburg and Malmö. The counseling is intended for people who need to talk about coming out, sex, HIV/AIDS and other health issues, and relationships, as well as those who need assistance in their contact with the authorities and healthcare institutions, or who require legal assistance with, for example, asylum and wills.[25]
Several gay-pride festivals are hosted in Sweden every year. Stockholm Pride is the biggest and oldest festival, and has been organized annually since 1998. In later years, pride festivals have been arranged in Gothenburg, Malmö and Uppsala, and local pride events are hosted in smaller communities.
| Same-sex sexual activity made legal | since 1 July 1944 |
| Right to change legal gender | since 1 July 1972 |
| Gays allowed to serve in the military | since 1 July 1976 |
| Equal age of consent | since 1 July 1978 |
| Homosexuality declassified as an illness | since 1 July 1979 |
| Transvestism declassified as an illness | since 1 January 2009 |
| Anti-discrimination laws in all areas, (including hate speech) | since 1 July 1987 |
| Anti-discrimination laws on transgender identity or expression | since 1 January 2009 |
| Recognition of same-sex unions | since 1 January 1988 |
| Same-sex marriage | since 1 May 2009 |
| Both joint- and step-adoption by same-sex couples | since 1 February 2003 |
| Access to IVF for lesbians | since 1 July 2005 |
| MSMs allowed to donate blood | (The National Board of Health has proposed a 1-year deferral, but the blood banks propose delay until 1 October 2011 at the earliest)[24] |
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