LGBT rights in Denmark

LGBT rights in Denmark

Location of  Denmark  (dark green)

– in Europe  (light green & dark grey)
– in the European Union  (light green)  –  [Legend]

Same-sex sexual activity legal? Legal since 1933,
age of consent equalized in 1977
Gender identity/expression Transsexual persons allowed to change legal gender without a diagnosis, hormone therapy, surgery or sterilization
Military service Gays and lesbians allowed to serve openly
Discrimination protections Sexual orientation and gender identity/expression protections (see below)
Family rights
Recognition of
relationships		 Same-sex marriage since 2012
Adoption Full adoption rights since 2010
Copenhagen Pride 2008

The rights of lesbians, gays, bisexuals, and transgender (LGBT) persons in Denmark are extensive and a high priority.

Same-sex sexual activity was legalized in 1933, and since 1977, the age of consent is 15, regardless of sexual orientation or gender.[1] Denmark was the first country in the world to grant legal recognition to same-sex unions, in the form of "registered partnerships", in 1989. On 7 June 2012, the law was replaced by a new same-sex marriage law, which came into effect on 15 June 2012.[2]

Same-sex marriage

Same-sex marriage became legal in Denmark on 15 June 2012, after the Danish parliament voted on 7 June in favour of gender-neutral marriage, including marriages in the Church of Denmark.[2][3] Formerly, Denmark had recognised civil unions (registreret partnerskab) since 1989 — the first country to do so.

A December 2006 European Union member poll showed Danish support for same-sex marriage at 69 percent.[4] Angus Reid Global Monitor conducted the poll for issues regarding European Union integration. With the attitudes in Europe regarding the legalization of same-sex marriage, Denmark proved to be high on the list of possible nations that would grant marriage to gay and lesbian citizens, in third place behind The Netherlands (82 percent) and Sweden (71 percent).

The Danish government proposed marriage equality legislation in parliament on 14 March 2012. Parliament passed the bill, and royal assent was granted three days later. The law entered into force on 15 June 2012.[5] The proposed legislation removes almost all discrimination in current law, leaving only a few gender-specific articles.[6]

Adoption and family planning

See also: LGBT parenting

On 2 June 2006, the Danish Parliament voted to repeal a law that since 1997 had banned lesbians from artificial insemination, giving lesbians more parental rights to genectically have children. Also, the other partner who is not the biological parent of the child is written onto the birth certificate as the other natural parent.[7]

Since 1999, a person in a same-sex registered partnership has been able to adopt his or her partner's biological children (known as a "stepchild adoption").[8][9]

Since 1 July 2010, same-sex couples may apply jointly for adoption.[10][11]

On 20 July 2014, a gay male couple became the first gay couple to adopt a foreign child since it became legal in 2010, when they adopted a nine-month-old girl from South Africa.[12]

Military service

LGBT persons are not banned from military service.[13]

Discrimination protections

Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.[14][15]

Hate crimes laws

Danish law includes hate crimes legislation, which adds extra penalties for crimes committed against people because of their sexuality and for their gender identity or form of gender expression.[14]

Rights of transgender persons in Denmark

In February 2013, a Guatemalan became the first transgender person to be granted asylum in Denmark because of persecution in her native country.[16] However, she was put in a facility for men, where she had been assaulted several times and was initially refused. They reopened the case when LGBT Denmark proved her life would be in danger if she returned to Guatemala.[17]

In June 2014, the Danish Parliament voted 59-52 to remove the requirement of diagnosis with a mental disorder and surgery with irreversible sterilization during the process of a legal sex change. This makes Denmark the first European country to remove the Gender Identity Disorder diagnosis as a necessary requirement in the gender recognition process.[18] Since September 1, 2014, Danes over 18 years old who wish to apply for a legal sex change can do so by stating that they want to change their documentation, followed by a six-month-long "reflection period" to confirm the request.[19][20]

Summary by territories of the Kingdom of Denmark

Denmark

LGBT rights in: Same-sex sexual activity Civil union Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Denmark Denmark Legal since 1933[14] Registered partnership from 1989 Legal since 2012 Since 1978 Bans all anti-gay discrimination Legal gender change and recognition possible without surgery or hormone therapy.[21]

Overseas Dependencies in the Commonwealth of the Realm

LGBT rights in: Same-sex sexual activity Civil union Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Faroe Islands Faroe Islands
(constituent country of the Kingdom of Denmark)		 Legal since 1933[14] Since 1978 Bans some anti-gay discrimination
Greenland Greenland
(constituent country of the Kingdom of Denmark)		 Legal since 1933 Registered partnership since 1996 (pending) / Step-child adoption only; (Joint adoption pending) Since 1978 Bans some anti-gay discrimination

Summary table

Right Yes/No Notes
Same-sex sexual activity
Same-sex sexual acts legal Since 1933
Homosexuality declassified as an illness Since 1981[22][23]
Equal age of consent for same-sex and opposite-sex sexual acts Since 1977 (Denmark and Greenland)
Since 1988 (Faroe Islands)
Same-sex relationships
Civil partnerships (Registered partnership) for same-sex couples[note 1] / Since 1989 (Denmark)[24]
Since 1996 (Greenland)[25]
No laws exist, bills rejected in 2014 (Faroe Islands)[26][27][28][29]
Civil partnerships in religious venues / Since 2012 (Denmark)
No law exist (Faroe Islands and Greenland)
Civil and religious same-sex marriage[note 2] / Since 2012 (Denmark)
No law exist (Faroe Islands and Greenland)
Adoption and family planning
Joint- and step-adoption for LGBT persons and same-sex couples / Since 1999 and 2010 (Denmark))[30]
Step-adoption currently, joint adoption pending (Greenland)
No law exist (Faroe Islands)
Equal access to IVF for all couples and individuals Since 2006 for lesbians (Denmark and Greenland)
No law exist (Faroe Islands)
Same-sex couples as both parents on a birth certificate / Since 2013 (Denmark)
No law exist (Faroe Islands and Greenland)
Equal access to surrogacy for all couples and individuals Unclear
Commercial surrogacy for gay male couples Illegal for heterosexual couples also
Military service
LGBT people allowed to serve openly in military Since 1978
Transgender rights
Transsexualism declassified as an illness No law exist
Right to change legal gender / Since 2014 (Denmark)
Legal (Faroe Islands)[31]
No law exist (Greenland)
Right to change legal gender without having to end marriage / Since 2014 (Denmark)
No law exist (Faroe Islands and Greenland)
Discrimination protections
Laws against hate speech based on sexual orientation Since 2004 (Denmark)
Since 2007 (Faroe Islands)[25]
Since 2010 (Greenland)[25]
Laws against hate speech based on gender identity Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Laws against inciting hatred on sexual orientation through an aggravating circumstance Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Laws against inciting hatred on gender identity through an aggravating circumstance Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Anti-discrimination laws in all areas on sexual orientation and gender identity (including harassment, victimisation, direct and indirect discrimination) / Since 2004 (Denmark)
No law exist (Faroe Islands and Greenland)
LGBT sex education and relationships taught in schools Personal, Social and Health Education (PSHE), which includes sex and relationships, is compulsory,[32] but LGBT sex education and relationships is rarely or not taught in schools.
MSMs allowed to donate blood Not legal[33]
Migration rights
Immigration equality and rights for LGBT individuals and same-sex couples Legal
Recognition of sexual orientation and gender identity for asylum requests Some cases recognised

See also

Notes

  1. ↑ Civil partnerships give most (but not all) of the rights and responsibilities of civil marriage, but there are recognition issues in other countries and with the use of courtesy titles. Civil partnerships can take place on any approved premise in the UK and in approved religious venues in Great Britain (though religious venues are not compelled), but cannot include religious readings, music or symbols. Adultery and non-consummation are also not grounds for the dissolution of a civil partnership.
    See Civil Partnership Act 2004 and Civil partnership in the United Kingdom
  2. ↑ Same-sex marriages give all the rights and responsibilities of civil marriage and can be performed on approved premises and religious venues in Denmark (though no religious or belief body is compelled). Adultery and non-consummation are not grounds for divorce.
    See Marriage (Same Sex Couples) Act 2013, Marriage and Civil Partnership (Scotland) Act 2014 and Same-sex marriage in the United Kingdom

References

  1. ↑ Bekendtgørelse af straffeloven
  2. ↑ 2.0 2.1 The Copenhagen Post, 7 June 2012: Gay marriage legalised Retrieved 2012-09-19
  3. ↑ Homoseksuelle fik ja til ægteskab - Jyllands-Posten.
  4. ↑ Europe Split On Gay Marriage
  5. ↑ 'The bill as proposed by the minister of Social Affairs and Integration', "Folketinget", 14 March 2012.
  6. ↑ Article 1, section 7 of the bill, "L 106 Forslag til lov om ændring af lov om ægteskabs indgåelse og opløsning, lov om ægteskabets retsvirkninger og retsplejeloven og om ophævelse af lov om registreret partnerskab."
  7. ↑ "National Report: Denmark", authored by Christina G. Jeppesen de Boer and Annette Kronborg, American University Journal of Gender Social Policy and Law, volume 19, number 1, page 119, 2011 (footnote 21 references Act No. 535)
  8. ↑ "Draft Paper: Same-Sex Couples as Parents", authored by Nina Dethloff, Bonn University (footnote 16 references § 4(1) Lov om registreret partnerskab no. 372)
  9. ↑ "National Report: Denmark", authored by Christina G. Jeppesen de Boer and Annette Kronborg, American University Journal of Gender Social Policy and Law, volume 19, number 1, page 118, 2011 (footnote 18 references Act No. 360)
  10. ↑ (Danish) Lov om ændring af lov om registreret partnerskab, lov om en børnefamilieydelse og lov om børnetilskud og forskudsvis udbetaling af børnebidrag
  11. ↑ "Gay couples in Denmark now allowed to adopt", International Gay, Lesbian, Trans and Intersex Association, 5 May 2010
  12. ↑ "Første danske homopar adopterer fra udlandet". http://politiken.dk/''. Politiken. Retrieved 20 July 2014.
  13. ↑ LGBT world legal wrap up survey
  14. ↑ 14.0 14.1 14.2 14.3 State-sponsored Homophobia A world survey of laws criminalising same-sex sexual acts between consenting adults
  15. ↑ Main legislation
  16. ↑ "Transgender woman granted asylum in Denmark", UPI.com, 4 February 2013
  17. ↑ Fernanda Milan, Guatemalan Transgender Woman, Granted Asylum In Denmark
  18. ↑ "Denmark becomes Europe’s leading country on legal gender recognition | The European Parliament Intergroup on LGBTI Rights". Lgbt-ep.eu. 2014-06-12. Retrieved 2015-04-10.
  19. ↑ World must follow Denmark's example after landmark transgender law
  20. ↑ Bill proposing change of law in relation to the Civil Registration System
  21. ↑ Denmark changes sex change laws
  22. ↑ (Danish) 30 år siden: Homoseksualitet fjernet fra Sundhedsstyrelsens sygdomsliste
  23. ↑ (Danish) Homoseksualitetsbegrebet i Danmark
  24. ↑ Same-Sex Marriage: A Reference Handbook
  25. ↑ 25.0 25.1 25.2 http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
  26. ↑ Faroe Islands: Equal marriage bill voted down
  27. ↑ (Faroese) Løgtingssetan 2013 Mál: 51 Viðgerð: 2
  28. ↑ (Faroese) Løgtingssetan 2013 Mál: 52 Viðgerð: 2
  29. ↑ (Faroese) Løgtingssetan 2013 Mál: 53 Viðgerð: 2
  30. ↑ Gays given equal adoption rights
  31. ↑ Jan Dagø (2013-10-23). "Holdningsskred i synet på homoseksuelle på Færøerne | Information" (in Danish). Information.dk. Retrieved 2015-04-10.
  32. ↑ "Fælles Mål 2009 - Sundheds- og seksualundervisning og familiekundskab". uvm.dk. 2009. Retrieved 2015-01-03.
  33. ↑ Risikibetonet adfærd