LGBTQ rights in Denmark | |
---|---|
Status | Legal since 1933, age of consent equalized in 1977 |
Gender identity | Transgender persons allowed to change legal gender without a diagnosis, hormone therapy, surgery or sterilization |
Military | LGBT people allowed to openly serve in the Danish military |
Discrimination protections | Sexual orientation and gender identity/expression protections (see below) |
Family rights | |
Recognition of relationships | Registered partnership 1989-2012 Same-sex marriage since 2012 |
Adoption | Full adoption rights since 2010 |
Danish lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. [1] [2] In 2023, ILGA-Europe ranked Denmark as the third most LGBT-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. LGBT people are also allowed to serve openly in the Danish military. Like its Scandinavian neighbours, Denmark has become one of the most LGBT-accepting countries in the world, [7] with recent polls indicating that a large majority of Danes support same-sex marriage and LGBTQ adoption. [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 LGBT organization, LGBT+ Danmark, was founded in 1948, under the name Kredsen af 1948 (Circle of 1948).
King Christian V's Danish Code from 1683 outlawed crimes against nature (Danish : omgængelse mod naturen), a collective term for a group of sexual acts including sodomy and bestiality; the prescribed punishment was that of burning at the stake. [10] Although the Penal Code of 1866 removed the death penalty, crimes against nature remained illegal and were punishable by imprisonment. [11]
The Penal Code of 1930 , which came into effect in 1933, decriminalized same-sex sexual activity between persons over the age of 18. [12] Since 1977 the age of consent has been 15, regardless of sexual orientation or gender. [5]
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 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. [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]
Besides male and female, Danish passports are available with an "X" sex descriptor. [46]
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. [47]
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. [48]
In 2008, the Danish Family Planning Association introduced a new online nationwide campaign for sex education. By 2009, 88,300 pupils were participating. [49]
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). [50] [51] 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. [52] In March 2020, Denmark implemented a policy allowing gay and bisexual men to donate blood provided they have not had sex in four months. [53] [54] The deferral period will be waived off if the individual is in a stable monogamous relationship. [55]
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). [56] 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. [57]
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. [58]
A December 2006 European Union member poll by Angus Reid Global Monitor showed Danish support for same-sex marriage at 69%, [59] 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. [60] 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". [61]
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". [62]
This section needs additional citations for verification .(January 2024) |
Right | Yes/No | Note |
---|---|---|
Same-sex sexual activity legal | Since 1933 | |
Equal age of consent (15) | Since 1977 | |
Anti-discrimination laws in all areas on sexual orientation and gender identity (including employment, goods and services, etc) | Since 1996 | |
Laws against hate speech based on sexual orientation | Since 1987 | |
Laws against hate speech based on gender identity | Since 2021 [68] | |
Laws against hate crimes based on sexual orientation through an aggravating circumstance | Since 2004 | |
Laws against hate crimes based on gender identity through an aggravating circumstance | ||
Recognition of same-sex relationships | Since 1989 | |
Same-sex marriage(s) | Since 2012 | |
Same-sex civil union(s) | Since 1989 | |
Stepchild adoption by same-sex couples | Since 1999 | |
Joint adoption by same-sex couples | Since 2010 | |
Access to IVF for lesbian couples | Since 2006 | |
Automatic parenthood for both female spouses | Since 2013 | |
LGBT people allowed to serve openly in the military | Since 1978 | |
Right to change legal gender | Since 1929 | |
Right to change legal gender based on self-determination | Since 2014 | |
Legal recognition of non-binary gender | Since 2014 | |
Third gender option | Since 2014[ citation needed ] | |
Transgender identity declassified as an illness | Since 2017 | |
Conversion therapy banned | ||
Intersex minors protected from invasive surgical procedures | ||
Altruistic surrogacy for same-sex couples | [ when? ] | |
MSMs allowed to donate blood | Since 2024 |
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 (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Finland are among the most advanced in the world. Both male and female same-sex sexual activity have been legal in Finland since 1971 with "promotion" thereof decriminalized and the age of consent equalized in 1999. Homosexuality was declassified as an illness in 1981. Discrimination based on sexual orientation in areas such as employment, the provision of goods and services, etc., was criminalized in 1995 and discrimination based on gender identity in 2005.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Iceland rank among the highest in the world. Icelandic culture is generally tolerant towards homosexuality and transgender individuals, and Reykjavík has a visible LGBT community. Iceland ranked first on the Equaldex Equality Index in 2023, and second after Malta according to ILGA-Europe's 2024 LGBT rights ranking, indicating it is one of the safest nations for LGBT people in Europe. Conversion therapy in Iceland has been illegal since 2023.
Lesbian, gay, bisexual, and transgender (LGBT) 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) rights in Belgium are regarded as some of the most progressive in Europe and the world. In 2023, ILGA-Europe ranked Belgium as second in the European Union for LGBT rights protection, behind Malta. In 2024, ILGA-Europe ranked Belgium the third highest after Malta and Iceland.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBTQ people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Luxembourg have the same legal rights as non-LGBT people. Partnerships, which grant many of the benefits of marriage, have been recognised since 2004. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. Additionally, discrimination on the basis of sexual orientation and "change of sex" in employment, healthcare and the provision of goods and services is outlawed, and transgender people are allowed to change their legal gender on the basis of self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Malta rank among the highest in the world. Throughout the late 20th and early 21st centuries, the rights of the LGBTQ community received more awareness and same-sex sexual activity was legalized on 29 January 1973. The prohibition was already dormant by the 1890s.
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, and transgender (LGBTQ) people in Norway have the same legal rights as non-LGBT 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 (LGBT) rights in Portugal are among the most advanced in the world; having improved substantially in the 21st century. After a long period of oppression during the Estado Novo, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982, eight years after the Carnation Revolution. Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution. On 5 June 2010, the state became the eighth in the world to recognize same-sex marriage. On 1 March 2011, a gender identity law, said to be one of the most advanced in the world, was passed to simplify the process of sex and name change for transgender people. Same-sex couples have been permitted to adopt since 1 March 2016.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Slovenia have significantly evolved over time, and are considered among the most advanced of the former communist countries. Slovenia was the first post-communist country to have legalised same-sex marriage, and anti-discrimination laws regarding sexual orientation and gender identity have existed nationwide since 2016.
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.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Kosovo have improved in recent years, most notably with the adoption of the new Constitution, banning discrimination based on sexual orientation. Kosovo remains one of the few Muslim-majority countries that hold regular pride parades.
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) 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.
LGBT rights in the European Union 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.
Adoption by LGBT people in Europe differs in legal recognition from country to country. Full joint adoption or step-child adoption or both is legal in 23 of the 56 European countries, and in all dependent territories.