LGBT rights in Europe
Laws regarding same-sex partnerships in Europe Same-sex marriage Other type of partnership Unregistered cohabitation Issue under political consideration Unrecognized Constitution limits marriage to man–woman
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. Despite the historic widespread persecution of lesbians and gay men from the late Roman Empire until the late 20th century – including the oppression of homosexuals during the Holocaust – gay people enjoy far greater acceptance in Europe than on any other continent.
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.
Since the foundation of Poland in 966, Polish law has never defined homosexuality as a crime.[1] Forty years after Poland lost its independence in 1795, the sodomy laws of Russia, Prussia, and Austria came into force in the occupied Polish lands. Poland regained its independence in 1918 and abandoned the laws of the occupying powers.[2][3][4] In 1932, Poland codified the equal age of consent for homosexuals and heterosexuals at 15.[5]
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 centuries, until the modern gay rights movement began in 1969.
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.[6]. 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,[7] including the use of the term marriage, ("matrimony"). The new law was introduced on November 1, 2009 and is the first case in the world.
Recent developments
Legal status of adoption by same-sex couples in Europe Gay adoption legal Step-child adoption legal Gay adoption illegal Unknown/Ambiguous
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 2010 that same-sex marriage will become legal in 2 other European countries, Slovenia and Luxembourg. Finland also seems to be on its way to approve gender-neutral marriage law, as four out of the five largest political parties of Finland have taken the issue on their political agenda.[8][9]
The Oireachtas (parliament) of Ireland has approved the Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009 in July 2010[10]. The two UK Crown territories of Isle of Man and Jersey are considering civil partnership laws in 2010.[11][12]. Liechtenstein is expected to legalize registered partnership in 2010.[13].
Six European countries ban gays from military service: Belarus, Cyprus, Latvia, Serbia, Greece and Turkey. All other European countries allow LGBT people to openly serve in the armed forces. As of July 2010, Greece and Gibraltar are the only two jurisdictions in Europe that have a higher unequal age of consent for gay men. All other jurisdictions in Europe have an equal age of consent for all individuals.
Public opinion around Europe
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.[14] In 2006 a recent Eurobarometer poll surveying up to 30,000 people from each European Union countries, 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%), Poland (17%), Lithuania (17%) Hungary (18%) and Malta (18%) at the other end of the list.[15] 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.[15]
A more recent survey carried out in October 2008 by The Observer affirmed that the majority of Britons – 55% – support gay marriage.[16] Other polls show that the majority of the Irish public support civil unions and gay adoption, 51% and 50%, respectively.[17] France has support for same sex marriage at 62%,[18] and Russians at 14%.[19] Italy has support for the 'Civil Partnership Law' between gays at 45% with 47% opposed.[20] In 2009 58.9% of Italians supported civil unions, while 40.4 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
Membership in the
European Union not only requires repeal of anti-homosexuality legislation, the
Treaty of Amsterdam also requires anti-discrimination legislation to be enacted by its member states.
[23]
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 |
Denmark |
Legal since 1933
+ UN decl. sign. |
Legal since 1989 |
 |
Only in registered partnerships since 2010 |
 |
Bans all anti-gay discrimination[24][25] |
|
Estonia |
Legal since 1992
+ UN decl. sign. |
 |
 |
Only married couples can adopt |
 |
Bans some anti-gay discrimination[25] |
|
Faroe Islands (constituent country of the Kingdom of Denmark) |
Legal since 1933 |
 |
 |
 |
(Denmark responsible for defence) |
Bans some anti-gay discrimination[25] |
|
Finland |
Legal since 1971
+ UN decl. sign. |
Legal since 2002 |
(proposed)[26] |
/ Only in registered partnerships and only with partner's children (full joint adoption proposed) |
 |
Bans some anti-gay discrimination[25] |
|
Greenland (constituent country of the Kingdom of Denmark) |
Legal since 1933
+UN decl. sign via Denmark. |
Legal since 1996 |
 |
/ Only in registered partnerships and only with partner's children |
(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[25] |
Sex changes are legal and documents can be amended to the recognised gender. |
Ireland |
Legal since 1993
+ UN decl. sign. |
Legal from 2011 |
 |
Single gay persons may adopt |
 |
Bans all anti-gay discrimination[25] |
Legislation to recognise gender identity proposed |
Isle of Man |
Legal since 1991 |
/ Civil partnerships from UK partially recognised, Civil Partnership (Isle of Man) Bill now awaiting assent. |
 |
 |
UK responsible for defence |
Bans some anti-gay discrimination |
Gender Recognition Act 2009[1] |
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[25] |
|
Norway |
Legal since 1972
+ UN decl. sign. |
Legal since 1993 |
Legal since 2009 |
Legal since 2009 |
 |
Bans all anti-gay discrimination.[25] |
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 [24] |
Sterilization and divorce necessery 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 |
 |
Legal since 2002 in England and Wales, 2009 in Scotland and unclear in Northern Ireland |
 |
Bans all anti-gay discrimination[27][24] |
Gender Recognition Act 2004 |
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[25] |
|
France |
Legal since 1791
+ UN decl. sign. |
Pacte civil de solidarité
since 1999 |
 |
Single gay persons may adopt |
 |
Bans all anti-gay discrimination[24][25] |
|
Guernsey (incl. Alderney, Herm and Sark) |
legal since 1983 |
 |
 |
 |
UK responsible for defence |
Bans some anti-gay discrimination[28] |
[28] |
Jersey |
legal since 1990 |
Civil Partnership (Jersey) Bill now awaiting assent |
 |
 |
UK responsible for defence |
Bans some anti-gay discrimination |
Gender Recognition (Jersey) Law 2010[2] |
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[25] |
 |
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 |
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 |
 |
 |
 |
Bans all anti-gay discrimination [29][25] |
Act on the elimination of discrimination, The Law on volunteering |
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 1968 in East Germany and 1969 in West Germany
totally legalized 1994
+ 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 |
 |
 |
 |
Bans some anti-gay discrimination |
|
Liechtenstein |
Legal since 1989
+ UN decl. sign. |
Registered Partnership Bill pending |
 |
 |
N/A |
 |
|
Poland |
Legal till 18th century, criminalized in 19th, legal again since 1932
+ UN decl. sign. |
 |
Constitution defines marriage as "a union of a man and a woman"[30] |
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 |
(pending)[31] |
Single gay persons may adopt (full adoption rights pending) |
 |
Bans some anti-gay discrimination |
Sex change can be recorded in a central register, and new documents can be issued based on person's new gender identity.[32] |
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[33] |
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. |
 |
 |
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[25] |
|
Moldova |
Legal since 1995 |
 |
Constitutional ban since 1994. |
 |
 |
 |
|
Montenegro |
Legal since 1977
+ UN decl. sign. |
 |
Constitutional ban since 2007. |
 |
 |
Bans all anti-gay discrimination[34] |
Forbids discrimination based on gender identity. |
Romania |
Legal since 1996
+ UN decl. sign. |
 |
 |
 |
 |
Bans all anti-gay discrimination[25] |
|
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" |
 |
Don't ask, don't tell policy (similar to the US) |
Bans some anti-gay discrimination |
Act on the elimination of discrimination |
Ukraine |
Legal since 1991 |
 |
Constitutional ban since 1996. |
 |
 |
 |
|
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[25] |
|
Cyprus |
Legal since 1998
+ UN decl. sign. |
(proposed) |
 |
 |
 |
Bans some anti-gay discrimination |
|
Gibraltar (overseas territory of the U.K.) |
Legal since 1993 (Age of consent discrepancy) |
 |
 |
 |
UK responsible for defence |
Bans some anti-gay discrimination |
|
Greece |
Legal since 1951 (Age of consent discrepancy)
+ UN decl. sign. |
(proposed) |
 |
 |
 |
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. [35] |
Malta |
Legal since 1973
+ UN decl. sign. |
Unregistered Cohabitation Bill pending |
 |
 |
 |
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[25] |
Approved by portuguese parliament on 1 October, 2010 in a 1st round. Approved on 26 November in a 2nd round. Still to be approved by President Aníbal Cavaco Silva. [36] |
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[25] |
La Ley de Identidad de Género (Gender Identity Law), enacted in 2007. |
Turkey |
Legal since 1858 |
 |
 |
 |
 |
Committee formed in March 2010 to draft a discrimination clause including sexual orientation.[37] |
 |
Vatican City |
Legal since 1929 |
 |
 |
 |
Unknown |
 |
|
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[25] |
 |
Turkish Republic Northern Cyprus (recognised only by the Republic of Turkey) |
Male illegal (Penalty: up to 5 years imprisonment)
Female legal[24] |
 |
 |
 |
 |
 |
|
See also
- Recognition of same-sex unions in Europe
- LGBT rights in Africa
- LGBT rights in Oceania
- LGBT rights in the Americas
References
External links
Links to related articles |
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LGBT rights in Europe |
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Sovereign
states |
Albania · Andorra · Armenia1 · Austria · Azerbaijan1 · Belarus · Belgium · Bosnia and Herzegovina · Bulgaria · Croatia · Cyprus1 · Czech Republic · Denmark · Estonia · Finland · France · Georgia1 · Germany · Greece · Hungary · Iceland · Ireland · Italy · Kazakhstan2 · Latvia · Liechtenstein · Lithuania · Luxembourg · Macedonia · Malta · Moldova · Monaco · Montenegro · Netherlands · Norway · Poland · Portugal · Romania · Russia2 · San Marino · Serbia · Slovakia · Slovenia · Spain · Sweden · Switzerland · Turkey2 · Ukraine · United Kingdom
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States with limited
recognition |
Abkhazia1 · Kosovo · Nagorno-Karabakh Republic1 · Northern Cyprus1 · South Ossetia1 · Transnistria
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Dependencies,
other territories |
Adjara · Akrotiri and Dhekelia1 · Åland · Azores · Faroe Islands · Gagauzia · Gibraltar · Guernsey · Jan Mayen · Jersey · Madeira · Isle of Man · Nakhchivan1 · Svalbard · Vojvodina
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1 Partially or entirely in Asia, depending on the border definitions. 2 Transcontinental country. |
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