This article is about LGBT rights in Denmark, the country that incorporates the island of Zealand. For the article about New Zealand, see LGBT rights in New Zealand.
Danish lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world.[1][2] In 2023, ILGA-Europe ranked Denmark as the third most LGBTQ-supportive country in Europe.[3][4] Polls consistently show that same-sex marriage support is nearly universal amongst the Danish population.
In Denmark, same-sex sexual activity was legalized in 1933, and since 1977, the age of consent has been equally set to 15, regardless of sexual orientation or gender.[5] 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.[6]
Discrimination on the grounds of sexual orientation was entirely prohibited in 1996. Denmark has allowed same-sex couples to jointly adopt since 2010, while previously allowing stepchild adoptions and limited co-guardianship rights for non-biological parents. LGBTQ people are also allowed to serve openly in the Danish military. Like its Scandinavian neighbours, Denmark has been described as one of the most LGBTQ-accepting countries in the world,[7] with recent polls indicating that a large majority of Danes support same-sex marriage and adoption for LGBTQ couples.[8]Copenhagen has frequently been referred to by publishers as one of the most gay-friendly cities in the world,[9] famous for its annual Pride parade. Denmark's oldest LGBTQ organization, LGBT+ Danmark, was founded in 1948, under the name Kredsen af 1948 (Circle of 1948).
Registered partnerships (Danish: registreret partnerskab) were created by a law enacted on 7 June 1989, the world's first such law, and came into force on 1 October 1989.[13][14] Registered partnerships had almost all the same qualities as marriage; all legal and fiscal rights and obligations were similar to those of opposite-sex marriage, with the major exception being that regulations by international treaties did not apply unless all signatories agree. Since 15 June 2012, entering into registered partnerships is no longer possible.
Same-sex marriage became legal in Denmark on 15 June 2012, after the Danish Parliament voted on 7 June in favour of a gender-neutral marriage law, including marriages in the Church of Denmark.[6][15] The Danish Government originally proposed a same-sex marriage bill in Parliament on 14 March 2012. Parliament passed the bill by 85 votes to 24 on 7 June, and royal assent by Queen Margrethe II was granted five days later. The law entered into force on 15 June 2012, making Denmark one of the first countries in the world to legalise same-sex marriage.[16][17]
Since 1999, a person in a same-sex registered partnership has been able to adopt his or her partner's biological children (known as stepchild adoption).[18][19]Adoption by LGBT parents was previously only permitted in certain restricted situations, notably when a previous connection existed between the adopting parent and the child, such as being a family member or a foster child.
On 2 June 2006, the Danish Parliament voted to repeal a law that banned lesbian couples from accessing artificial insemination. In addition, when a lesbian couple has a child via in vitro fertilization, the non-biological parent has been written onto the birth certificate as the other natural parent since 2013.[20]
Since 1 July 2010, same-sex couples may apply jointly for adoption.[21][22] On 20 July 2014, a gay male couple became the first gay couple to adopt a foreign child, when they adopted a nine-month-old girl from South Africa.[23]
According to statistics released by the Danish Broadcasting Corporation, 84 families had same-sex parents in 2013. That number had increased to 659 by mid-2018. In the Capital Region, the number grew from 42 to 293.[24] According to 2019 statistics, about 27% of same-sex couples in Denmark were raising a child, whereas that figure was 43% for heterosexual couples.[25]
Openly gay, lesbian, bisexual and transgender soldiers serve without hindrance in all branches of the Danish Defence. Discrimination against gay, lesbian, bisexual and transgender soldiers in recruitment, placement and promotion is prohibited in Denmark.[26] There are prominent openly gay military leaders in the Defence and there are no reported cases of threats to gays, morale, or national security.[27] A 2010 study indicated that gay men in the Danish Defence show strength and are respected.[28]
Danish law prohibits discrimination based on sexual orientation and gender identity or expression, among other categories.[29][30] The Act on Prohibition of Unequal Treatment in the Labor Market (Danish: Lov om forbud mod forskelsbehandling på arbejdsmarkedet), adopted in 1996, defines "discrimination" as follows:[31]
discrimination means any direct or indirect discrimination based on race, color, religion, political opinion, sexual orientation or national, social or ethnic origin.
Gender identity or expression is not explicitly listed, but a 2015 court ruling, in which a transgender woman filed suit against her former employer for alleged discrimination, held that gender identity or expression is included in the law.[32]
In 2008, the Act on the Board of Equal Treatment (Danish: Lov om Ligebehandlingsnævnet) was passed, establishing the Board of Equal Treatment. Under the Act, the Board "shall consider complaints of differential treatment on the grounds of gender, race, colour, religion or belief, political opinion, sexual orientation, age, disability, or national, social or ethnic origin".[33]
In addition, Denmark possesses hate crime legislation, following amendments to the Penal Code in 2004, which provides additional penalties for crimes committed against people because of their sexual orientation.[29][34]
According to a report published in August 2019, 89% of LGBT respondents reported not being discriminated against or harassed in the workplace, 78% were overall satisfied with their jobs and 69% reported being open about their sexual orientation to colleagues. Only 9% felt they could not be open about their sexual orientation, and 8% stated they had been the victim of discrimination and harassment.[35]
The Act on Sterilisation and Castration (Danish: Lov om sterilisation og kastration), adopted in June 1929, was one of the first gender change laws in the world. Danish transgender woman Lili Elbe, who inspired the 2015 movie The Danish Girl, was one of the first identifiable recipients of sex reassignment surgery. She transitioned in Germany in 1930, and later had her sex and name legally changed on her Danish passport. The first person to successfully undertake a legal gender change in Denmark, which required undergoing sex reassignment surgery, was American Christine Jorgensen in the early 1950s.[36] She underwent an orchiectomy and a penectomy in Copenhagen in 1951 and 1952, respectively.
In February 2013, a Guatemalan woman became the first transgender person to be granted asylum in Denmark because of persecution in her native country.[37] However, she was put in a facility for men, where she had been sexually assaulted several times and was initially refused. Authorities reopened the case when she proved her life would be in danger if she returned to Guatemala.[38]
In June 2014, the Danish Parliament voted 59–52 to remove the requirement of a mental disorder diagnosis and surgery with irreversible sterilization during the process of a legal sex change.[39] Since 1 September 2014, Danes over 18 years of age 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.[40][41]
Pending a decision by the World Health Organization (WHO) to remove gender identity disorder (GID) from its list of mental illnesses, Denmark initially postponed a unilateral change. Citing a lack of progress at the WHO, the Danish Parliament decided to remove GID from the National Board of Health's list of mental illnesses in 2016. The change came into effect on 1 January 2017.[42] It was the second country to do this, after France which did so in 2010.[43] In June 2018, the WHO replaced the diagnosis of GID with gender incongruence and reclassified it as a sexual health condition.[44][45]
Access to Transgender health care in Denmark has become more restricted since 2023, due to concerns about the increase in number of patients transitioning.[47]
Children
If a child under the age of ten shows adequate signs of gender dysphoria, their parents are given advisory information.[47]
Adolescents
If a child over the age of ten shows adequate signs of gender dysphoria, they are then required to undergo at least five investigative interviews, along with a psychiatric evaluation, and informational sessions regarding hormone therapy.[47]
As part of the investigation, school and municipal records are pulled.[47]
Patients at tanner stages II and III are allowed to be administered puberty blockers in order to prevent permanent developments while further exploration is undertaken.[47]
Mental illness is not necessarily a barrier to treatment, however if the doctor believes the dysphoria could be an aspect of said mental illness - in particular psychosis and autism, then it can be. Other contraindications that can serve as barriers to treatment include a history of abuse, self harm, and suicidal ideations. [47]
From the age of 15, the patient can consent to hormone treatment without parental involvement. Surgical options are not offered until the age of 18.[47]
Adult
Wait times for hormone therapy in Denmark are generally around 11-16 months, and wait times for bottom surgery in Denmark last 4-6 years. This leads many trans adults to seek healthcare abroad.[48]
Access to treatment requires several psychological sessions, during which patients report being required to present in a way reflecting stereotypical gender roles (i.e. trans men having to give ‘male’ answers).[48]
Sex education
Denmark has one of the most comprehensive sex education lessons in the world, which includes information on safe sex, prevention against sexually transmitted infections, abortion, contraception, puberty, sexual relationships, family life, gender and sexuality, and diversity. Sex education lessons are mandatory in all primary and secondary public schools, and also deal with other health issues, including drug use and alcohol.[49]
In 1981, Gå-Ud-Gruppen ("The Outreach Group") set up supplementary sex education lessons giving information about same-sex relationships to senior classes in state schools.[50]
In 2008, the Danish Family Planning Association introduced a new online nationwide campaign for sex education. By 2009, 88,300 pupils were participating.[51]
Blood donation
In May 2014, six Danish political parties called on Health Minister Nick Hækkerup to lift a ban on blood donations from men who have sex with men (MSM).[52][53] In August 2016, it was reported that a majority of MPs in Parliament supported lifting the ban. The Danish People's Party, the Social Democrats and The Alternative all expressed support for a proposal put forward by MP Morten Østergaard to permit blood donations by MSMs.[54] In March 2020, Denmark implemented a policy allowing gay and bisexual men to donate blood provided they have not had sex in four months.[55][56] The deferral period will be waived off if the individual is in a stable monogamous relationship.[57]
Participants at the 2017 Copenhagen Pride paradeRainbow flags in Aarhus, 2012
Danish LGBT advocacy groups include LGBT+ Danmark, founded in 1948 under the name Kredsen af 1948 (Circle of 1948) and later changing its name to Forbundet af 1948 (Federation of 1948). The group officially registered as an association under the name Landsforeningen for homofile (National Association for Homosexuals) in 1969. The organisation's founder was Axel Axgil. Axel and his partner Eigil Axgil were the first same-sex couple to enter into a registered partnership in Denmark, and therefore the first in the world, in 1989. The first gay demonstration in Denmark occurred in 1971 to mark the two-year anniversary of the Stonewall riots. From the 1970s onwards, numerous gay bars and clubs opened, and societal acceptance began to grow. In 1974, several members of the Federation of 1948, along with members of the Red Stocking Movement, split to form their own organization, the Lesbian Movement (Lesbisk Bevægelse).[58] Other groups include Lambda, based in Odense, as well as Q-Factor, Bigruppen and Dunst.
Copenhagen Pride is an annual pride event held in August in Copenhagen. It was first held in 1996 under the name Mermaid Pride, in reference to The Little Mermaid. About 25,000 people marched in the 2017 Copenhagen Pride parade, and a further 300,000 people attended and watched the event. In 2018, about 40,000 people took part in the event, with thousands more attending. Among these was Prime Minister Lars Løkke Rasmussen.[59]
Apart from Copenhagen Pride, other LGBT events include Aarhus Pride, MIX Copenhagen, a film festival, and the Diversity Party Odense (Mangfoldighedsfest Odense) which was first held in 2017.[60]
Public opinion
A December 2006 European Union member poll by Angus Reid Global Monitor showed Danish support for same-sex marriage at 69%,[61] in third place behind the Netherlands (82%) and Sweden (71%).
According to a 2013 YouGov poll, 59% of respondents thought that same-sex couples should be allowed to adopt children, while 79% believed same-sex couples should be allowed to marry.[8]
The 2015 Eurobarometer found that 87% of Danes thought same-sex marriage should be allowed throughout Europe, 90% thought lesbian, gay and bisexual people should have the same rights as heterosexuals, and 88% agreed that "there is nothing wrong" about a sexual relationship between two people of the same sex.[62] The 2019 Eurobarometer found that 89% of Danes thought same-sex marriage should be allowed throughout Europe, and 90% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[63]
The 2023 Eurobarometer found that 93% of Danes thought same-sex marriage should be allowed throughout Europe, and 93% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[64]
1989: Denmark is the first country in the world to enact registered partnership laws (like a civil union) for same-sex couples, with most of the same rights as marriage (excluding the right of adoption prior to 2010, and the right to marriage in a church); activists Axel and Eigil Axgil and 10 other Danish couples are unofficially married by Tom Ahlberg, the deputy mayor of Copenhagen, in the city hall, accompanied by worldwide media attention.
21st century
2010: Same-sex couple adoption legislation is passed.
2014: Denmark becomes the first European country to remove the Gender Identity Disorder diagnosis as a necessary requirement in the gender recognition process.[68]
2017: Denmark becomes the first country in the world to officially remove transgender identities from its list of mental health disorders.[69]Same-sex marriage is passed in the Faroe Islands.
Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Same-sex marriage has been legal in Denmark since 15 June 2012. A bill for the legalization of same-sex marriages was introduced by the Thorning-Schmidt I Cabinet, and approved by the Folketing on 7 June 2012. It received royal assent by Queen Margrethe II on 12 June and took effect three days later. Polling indicates that a significant majority of Danes support the legal recognition of same-sex marriage. Denmark was the fourth Nordic country, after Norway, Sweden and Iceland, the eighth in Europe and the eleventh in the world to legalize same-sex marriage. It was the first country in the world to enact registered partnerships, which provided same-sex couples with almost all of the rights and benefits of marriage, in 1989.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bosnia and Herzegovina may face legal challenges not experienced by non-LGBT residents. Both male and female forms of same-sex sexual activity are legal in Bosnia and Herzegovina. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Sweden are regarded as some of the most progressive in Europe and the world. Same-sex sexual activity was legalized in 1944 and the age of consent was equalized to that of heterosexual activity in 1972. Sweden also became the first country in the world to allow transgender people to change their legal gender post-sex reassignment surgery in 1972, whilst transvestism was declassified as an illness in 2009. Legislation allowing legal gender changes without hormone replacement therapy and sex reassignment surgery was passed in 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent. Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures, covering over 60% of the population by 2023, offer "partnership certificates" to recognise the relationships of same-sex couples and provide some legal benefits. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form. In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.
Lesbian, gay, bisexual and transgender (LGBT) individuals in the Republic of the Philippines have faced many difficulties in their homeland, such as prejudice, violence, abuse, assault, harassment and other forms of anti-LGBT rhetoric. Many LGBT Filipinos are met with mixed attitudes and reactions by their families, friends and others in their communities, as well as professionals, educators, their national public officials, politicians, attorneys and others working for the government and the rest of the general population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Moldova face legal and social challenges and discrimination not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as households headed by opposite-sex couples. Same-sex unions are not recognized in the country, so consequently same-sex couples have little to no legal protection. Nevertheless, Moldova bans discrimination based on sexual orientation in the workplace, and same-sex sexual activity has been legal since 1995.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Norway have the same legal rights as non-LGBTQ people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Faroe Islands are relatively similar to that of Denmark. The progress of LGBT rights has been slower, however. While same-sex sexual activity has been legal in the Faroe Islands since the 1930s, same-sex couples never had a right to a registered partnership. In April 2016, the Løgting passed legislation legalizing civil same-sex marriage on the Faroes, recognizing same-sex marriages established in Denmark and abroad and allowing same-sex adoption. This was ratified by the Folketing in April 2017. The law went into effect on 1 July 2017.
This is a list of notable events in the history of LGBTQ rights that took place in the year 2007.
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Greenland are some of the most extensive in the Americas and the world, relatively similar to those in Denmark proper in Europe. Same-sex sexual activity is legal, with an equal age of consent, and there are some anti-discrimination laws protecting LGBT people. Same-sex couples had access to registered partnerships, which provided them with nearly all of the rights provided to married opposite-sex couples, from 1996 to 2016. On 1 April 2016, a law repealing the registered partnership act and allowing for same-sex marriages to be performed came into effect.
Lesbian, gay, bisexual and transgender (LGBT) rights in Laos go unreported and unnoticed. While homosexuality is legal in Laos, it is very difficult to assess the current state of acceptance and violence that LGBTQ people face because of government interference. Numerous claims have suggested that Laos is one of the most tolerant communist states. Despite such claims, discrimination still exists. Laos provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. Households headed by same-sex couples are not eligible for any of the rights that opposite-sex married couples enjoy, as neither same-sex marriage nor civil unions are legal.
Same-sex marriage has been legal in Greenland since 1 April 2016. Same-sex marriage legislation passed the Inatsisartut unanimously on 26 May 2015. Approval by the Folketing followed on 19 January 2016, and the law received royal assent on 3 February. The first same-sex marriage was performed in Nuuk on 1 April.
Lesbian, gay, bisexual, and transgender (LGBT) people in North Macedonia face discrimination and some legal and social challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity have been legal in North Macedonia since 1996, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Curaçao have similar rights to non-LGBTQ people. Both male and female forms of same-sex sexual activity are legal in Curaçao. Discrimination on the basis of "heterosexual or homosexual orientation" is outlawed by the Curaçao Criminal Code.
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