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Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Nine out of the fifteen 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, while Britain and Ireland are considering legislation to introduce same sex marriage.
Contents |
History [edit]
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This section needs additional citations for verification. (January 2010) |
Although same-sex relationships were quite common (but never an equivalent to marriage between man and woman) 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.[1]
Since the foundation of Poland in 966, Polish law has never defined homosexuality as a crime.[2] Forty years after Poland lost its independence in 1795, the sodomy laws of Russia, Prussia, and Austria came into force in the partitioned Polish territory. Poland regained its independence in 1918 and abandoned the laws of the occupying powers.[3][4][5] In 1932, Poland codified the equal age of consent for homosexuals and heterosexuals at 15.[6]
In Turkey, homosexuality has been legal since 1858.[7]
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 decades, 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 1972, Sweden became first country in the world to allow people who were transsexual by legislation to surgically change their sex and provide free hormone replacement therapy.[8]
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.[9]
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, seven other European states followed (Belgium in 2003, Spain in 2005, Norway and Sweden in 2009, Portugal and Iceland in 2010 and Denmark in 2012).
On 22 October 2009, the assembly of the Church of Sweden, voted strongly in favour of giving its blessing to homosexual couples,[10] including the use of the term marriage, ("matrimony"). The new law was introduced on 1 November 2009.
Recent developments [edit]
In May 2013, France became the ninth and most recent European country to legalise same-sex marriage; with French president François Hollande signing a law authorizing adoption by marriage and adoption by gay couples.[11]. Same-sex marriage bills have been introduced in Finland, Luxembourg, and the United Kingdom.[12][13]
In both Ireland and the Isle of Man civil partnerships have been legal since 2011, as well as Jersey in 2012. Liechtenstein also legalized registered partnership by 68 percent of voters via a referendum in 2011.[14]
In 2012, the United Kingdom government launched a public same-sex marriage consultation,[15] intending to change the laws applying to England and Wales. The Scottish government launched a similar consultation. In 2013, Ireland will hold a constitutional convention on the issue of same-sex marriage rights. A 2012 poll shows that 74% of Irish people support allowing gay couples to marry.
Public opinion around Europe [edit]
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.[16] In 2006 a recent Eurobarometer poll surveying up to 30,000 people from each European Union country, 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%), Finland (54%), Germany (52%) and the Czech Republic (52%). All other countries within the EU had below 50% support; with Romania (11%), Latvia (12%), Cyprus (14%), Bulgaria (15%), Greece (15%), Lithuania (17%), Poland (17%), Hungary (18%) and Malta (18%) at the other end of the list.[17] 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.[17]
A more recent survey carried out in October 2008 by The Observer affirmed that the majority of Britons – 55% – support gay marriage.[18] A 2013 poll shows that the majority of the Irish public support gay marriage and gay adoption, 73% and 60% respectively.[19] France has support for same sex marriage at 62%,[20] and Russian at 14%.[21] Italy has support for the 'Civil Partnership Law' between gays at 45% with 47% opposed.[22] In 2009 58.9% of Italians supported civil unions, while 40.4 supported same-sex marriage.[23] In 2010, 63.9% of Greeks supported same-sex partnerships, while 38.5% supported same-sex marriage.[24] In 2012 a poll by MaltaToday[25] showed that 41% of Maltese supported same sex marriage, with support increasing to 60% amongst the 18-35 age group. In 2011 according to a poll by TNS Polska 54% of Poles supported same sex partnerships while 27% supported same sex marriage.[26] According to a 2013 poll by Homo Homini 55% of Poles supported the idea of civil unions[27][28]
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 than other demographics.[29]
Legislation by country or territory
European Union [edit]
| See: LGBT rights in the European Union European Union law forbids discrimination on the grounds of sexual orientation. All EU states are required to legalise homosexual activity and implement anti-discrimination laws.[30][31] |
Central Europe [edit]
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(since 1968 in East Germany) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
N/A | ||||||
Never punished (Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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(Geneva, Vaud, Valais and Ticino: since 1798 Nationwide since 1942) + UN decl. sign. |
Eastern Europe [edit]
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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Previously legal from 1936 to 1968. + UN decl. sign. |
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(incl. all constituent regions) |
Previously legal from 1917 to 1930. |
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+ UN decl. sign. |
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Northern Europe [edit]
| 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 |
|---|---|---|---|---|---|---|---|
+ UN decl. sign. |
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+ UN decl. sign. |
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(constituent country of the Kingdom of Denmark) |
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+ UN decl. sign. |
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(constituent country of the Kingdom of Denmark) |
+ UN decl. sign via Denmark |
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+ UN decl. sign. |
N/A | ||||||
+ UN decl. sign. |
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(Crown dependencies of the UK) |
+ UN decl. sign |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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England and Wales since 1967 Scotland since 1981 Northern Ireland since 1982 + UN decl. sign. |
England and Wales Scotland Northern Ireland |
England and Wales since 2005 Scotland since 2009 Northern Ireland |
Southern Europe [edit]
| 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 |
|---|---|---|---|---|---|---|---|
(as part of France) + UN decl. sign. |
N/A | ||||||
+ UN decl. sign. |
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(overseas territory of the UK) |
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(Age of consent discrepancy) + UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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+ UN decl. sign. |
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Western Europe [edit]
| 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 |
|---|---|---|---|---|---|---|---|
(as part of France) + UN decl. sign. |
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+ UN decl. sign. |
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(incl. (Crown dependency of the UK) |
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(Crown dependency of the UK) |
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(as part of France) + UN decl. sign. |
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(as part of France) |
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(as part of France) + UN decl. sign. |
Partially or unrecognised states [edit]
| 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 |
|---|---|---|---|---|---|---|---|
(as part of Yugoslavia) |
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(recognised only by the Republic of Turkey) |
See also [edit]
- Recognition of same-sex unions in Europe
- Ages of consent in Europe
- LGBT rights in Africa
- LGBT rights in Oceania
- LGBT rights in the Americas
References [edit]
- ^ Crompton, Louis. (2003). Homosexuality & Civilization. Cambridge: The Belknap Press of Harvard University Press. pp. 1-212.
- ^ http://www2.hu-berlin.de/sexology/IES/poland.html%20%20 http://www2.hu-berlin.de/sexology/IES/poland.html
- ^ "A Brief History of Gay Poland". Globalgayz.com. Retrieved 2011-07-16.
- ^ ">> social sciences >> Poland". glbtq. Retrieved 2011-07-16.
- ^ "The International Encyclopedia of Sexuality: Poland". .hu-berlin.de. Retrieved 2011-07-16.
- ^ The Oxford companion to politics of ... - Google Books. Books.google.com. Retrieved 2011-07-16.
- ^ Cite error: Invalid
<ref>tag; no text was provided for refs namedILGA_2012(see the help page). - ^ Hanna Jedvik (5 March 2007). "Lagen om könsbyte ska utredas". RFSU. Archived from the original on 12 October 2007. Retrieved 24 June 2007.
- ^ Jag känner mig lite homosexuell idag | quistbergh.se The American Psychiatric Association removed homosexuality from its list of mental disorders in 1973 with publication of its DSM II. Source: The American Psychiatric Association, and DSM II. Thus, the American Psychiatric Association took this step six years before a similar action was taken in Sweden.
- ^ Kyrkomötet öppnade för enkönade äktenskap – DN.se
- ^ "French President Signs Gay Marriage Into Law".
- ^ Luxembourg Considers Legalizing Gay Marriage and Adoption
- ^ a b Gender-Neutral Marriage Law Possible by 2012
- ^ Liechtenstein: Homo-Ehe kommt nächstes Jahr Queer.de, 17 December 2009
- ^ "Gay marriage: Government consultation begins". BBC News. 15 March 2012.
- ^ "Views of a Changing World 2003". The Pew Research Center. Retrieved 29 January 2007.
- ^ a b "Eight EU Countries Back Same-Sex Marriage". Angus Reid Global Monitor : Polls & Research. Retrieved 29 January 2006.
- ^ "Sex uncovered poll: Homosexuality". The Guardian (London). 26 October 2008. Retrieved 7 May 2010.
- ^ http://www.gcn.ie/feature.aspx?sectionid=14&articleid=3182
- ^ "French Back Same-Sex Marriage, Not Adoption". Angus Reid Global Monitor : Polls & Research. Retrieved 29 January 2006.
- ^ "Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor : Polls & Research. Retrieved 29 January 2006.
- ^ "Italians Divided Over Civil Partnership Law". Angus Reid Global Monitor : Polls & Research. Retrieved 21 February 2007.
- ^ "Italiani più avanti della politica | Arcigay". Arcigay.it. 1999-02-22. Retrieved 2011-07-16.
- ^ http://images.tanea.gr/assetservice/Image.ashx?c=15881978&r=0&p=0&t=0&q=100&v=1&s=1&w=800
- ^ http://www.maltatoday.com.mt/en/newsdetails/news/national/Heartening-change-in-attitudes-to-put-gay-unions-on-political-agenda-20120604
- ^ http://m.wyborcza.pl/wyborcza/1,105226,9696907,Gej_przestraszyl_Platforme.html
- ^ http://www.se.pl/wydarzenia/kraj/sondaz-super-expessu-o-zwiazkach-partnerskich-polacy-przeciw-mazenstwom-homo_304814.html
- ^ http://www.fakt.pl/Polacy-chca-praw-dla-zwiazkow-partnerskich-ale-nie-chca-malzenstw-homoseksualnych,artykuly,198637,1.html
- ^ "Public opinion and same-sex unions (2003)". ILGA Europe. Retrieved 29 January 2006.[dead link]
- ^ Perspective: what has the EU done for LGBT rights?, Café Babel 17/05/10
- ^ What is the current legal situation in the EU?, ILGA Europe
- ^ http://www.amnesty.org/en/news/austria-reform-needed-after-european-court-adoption-victory-lesbian-couple-2013-02-19
- ^ "Zakon o suzbijanju diskriminacije". Narodne-novine.nn.hr. 21 July 2008. Retrieved 30 September 2010.
- ^ a b c d e f g h i j k l m n o p Rainbow Europe Country Index
- ^ http://www.spiegel.de/international/germany/german-court-strengthens-gay-and-lesbian-adoption-rights-a-884278.html
- ^ Impey, Joanna (24 April 2011). "Hungarian president signs new constitution despite human rights concerns". Deutsche Welle. Retrieved 16 May 2011.
- ^ The Constitution of the Republic of Poland
- ^ ZAKON O MATIČNEM REGISTRU
- ^ (French) Accord final sur l'adoption « light », 360.ch, Retrieved 24 Avril 2013
- ^ (French) Avis de droit OFEC: Transsexualisme, Federal Department of Justice and Police, retrieved on 9 May 2013
- ^ "Albania protects LGBT people from discrimination". ILGA-Europe. 5 February 2010. Retrieved 5 February 2010.
- ^ "Armenia: Gays live with threats of violence, abuse". United Nations High Commissioner for Refugees. 30 March 2010. Retrieved 8 June 2012.
- ^ "Belarus: Attitude towards homosexuals and lesbians in Belarus; state protection available to non-heterosexuals in Belarus with special attention to Minsk (2000-2005)". United Nations High Commissioner for Refugees. 17 January 2006. Retrieved 11 August 2012.
- ^ Montenegro fulfils EU membership requirement and protects LGBT people from discrimination
- ^ Civil Code of Romania, art. 259
- ^ "Transsexualismul in Romania". Accept Romania. Retrieved 2 December 2012.
- ^ [1]
- ^ http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=45813
- ^ a b c d e f "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". The International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 21 May 2013.
- ^ Family Code, https://www.riigiteataja.ee/akt/1011053, § 75
- ^ Human rights also for transsexuals (in Finnish)
- ^ http://www.apollo.lv/zinas/cik-viegli-parversties-no-ievas-par-adamu/374896
- ^ "Norwegian Penal code, Straffeloven, section 135a" (in Norwegian). Lovdata.
- ^ Criminal Justice and Immigration Act 2008 (c. 4)
- ^ Gibraltar court rules denial of joint adoption by lesbian couple illegal
- ^ EQUALITY RIGHTS GROUP WELCOMES GAY & STRAIGHT ADOPTION RULING
- ^ ]http://www.tovima.gr/society/article/?aid=400009 Υιοθεσίες από ομοφυλόφιλα ζευγάρια και μονογονεϊκές οικογένειες]
- ^ "Legge 14 Aprile 1982, n. 164 (GU n. 106 del 19/04/1982) Norme in Materia di Rettificazione di Attribuzione di Sesso." (in Italian). Archived from the original on 2007-05-23.
- ^ http://www.foxnews.com/world/2013/05/17/portugal-expands-adoption-rights-for-same-sex-married-couples-refuses/
- ^ http://www.boe.es/buscar/doc.php?id=BOE-A-2007-5585
- ^ a b "The Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004". Guernsey Legal Resources. Retrieved 30 September 2010.
- ^ GENDER RECOGNITION (JERSEY) LAW 2010
- ^ Fundamental Rights and Freedoms
External links [edit]
- Other laws on homosexuality in Europe
- FRA report "Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States" Part I – Legal Analysis, 2008; Part II – Social Situation, 2009; Comparative legal analysis, 2010
- Thomas Hammarberg, Commissioner for Human Rights report "Discrimination on Grounds of Sexual Orientation and Gender Identity in Europe, 2011"
- Thematic report on Discrimination against trans and intersex people on the grounds of sex, gender identity and gender expression, The European Commission, 2012.
- Scott Gunther. "The Elastic Closet: A History of Homosexuality in France, 1942–present" Book about the history of homosexual movements in France (sample chapter available online). New York: Palgrave-Macmillan, 2009. ISBN 0-230-22105-X
- Article 18 of the Polish Constitution
- Article 38 of the Lithuanian Constitution
- Chronological overviews of the main legislative steps in the process of legal recognition of homosexuality in European countries. http://www.law.leidenuniv.nl/org/onderzoeksinstituut/medewerkers/waaldijkc.html
- LBGT Rights Lesbian Gay Bisexual and Transgender Rights before the European Court of Justice
- [2] Article: What has the EU done for LGBT Rights?
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