LGBT rights in Denmark

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LGBT rights in Denmark
Location of  Denmark  (dark green)– in Europe  (light green & dark grey)– in the European Union  (light green)  —  [Legend]
Location of  Denmark  (dark green)

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

Same-sex sexual activity legal? Legal since 1933,
age of consent equalized in 1977
Gender identity/expression Transsexual persons allowed to change legal gender
Military service Gays and lesbians allowed to serve openly
Discrimination protections Sexual orientation protections (see below)
Family rights
Recognition of
relationships
Same-sex marriage since 2012
Adoption Full adoption rights since 2010
Copenhagen Pride 2008

The rights of lesbians, gays, bisexuals, and transgender (LGBT) persons in Denmark are extensive and a high priority, reflecting the tolerance of Danish society.[citation needed] Denmark provides one of the highest degrees of liberty in the world for its LGBT community.[citation needed]

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

Contents

Same sex marriage [edit]

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

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

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

Adoption and family planning [edit]

On 2 June 2006, the Danish Parliament voted to repeal a law that since 1997 had banned lesbians from artificial insemination.[7]

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

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

Military service [edit]

LGBT persons are not banned from military service.[12]

Discrimination protections [edit]

Danish law includes protections against discrimination based on sexual orientation.[13][14]

Hate crimes laws [edit]

Danish law includes hate crimes legislation, which adds extra penalties for crimes committed against people because of their sexuality.[13]

Asylum in Denmark for transgender persons [edit]

In February 2013, a Guatemalan became the first transgender person to be granted asylum in Denmark because of persecution in her native country.[15]

Summary table [edit]

Introduction Date Year
Homosexuality legal Yes 1933
Gays allowed to serve in the military Yes 1978
Equal age of consent Yes 1977
Homosexuality declassified as an illness Yes 1981[16][17]
Anti-discrimination laws in all areas, (incl. hate speech) Yes 2004
Recognition of same-sex couples Yes 1986[18]
Access to IVF for lesbians Yes 2006
Step adoption by same-sex couples Yes 1999
Joint adoption by same-sex couples Yes 2010
Same-sex marriage Yes 2012
MSMs allowed to donate blood No

See also [edit]

References [edit]

  1. ^ Bekendtgørelse af straffeloven
  2. ^ a b The Copenhagen Post, 7 June 2012: Gay marriage legalised Retrieved 2012-09-19
  3. ^ Homoseksuelle fik ja til ægteskab - Jyllands-Posten.
  4. ^ Europe Split On Gay Marriage
  5. ^ 'The bill as proposed by the minister of Social Affairs and Integration', "Folketinget", 14 March 2012.
  6. ^ Article 1, section 7 of the bill, "L 106 Forslag til lov om ændring af lov om ægteskabs indgåelse og opløsning, lov om ægteskabets retsvirkninger og retsplejeloven og om ophævelse af lov om registreret partnerskab."
  7. ^ "National Report: Denmark", authored by Christina G. Jeppesen de Boer and Annette Kronborg, American University Journal of Gender Social Policy and Law, volume 19, number 1, page 119, 2011 (footnote 21 references Act No. 535)
  8. ^ "Draft Paper: Same-Sex Couples as Parents", authored by Nina Dethloff, Bonn University (footnote 16 references § 4(1) Lov om registreret partnerskab no. 372)
  9. ^ "National Report: Denmark", authored by Christina G. Jeppesen de Boer and Annette Kronborg, American University Journal of Gender Social Policy and Law, volume 19, number 1, page 118, 2011 (footnote 18 references Act No. 360)
  10. ^ (Danish) Lov om ændring af lov om registreret partnerskab, lov om en børnefamilieydelse og lov om børnetilskud og forskudsvis udbetaling af børnebidrag
  11. ^ "Gay couples in Denmark now allowed to adopt", International Gay, Lesbian, Trans and Intersex Association, 5 May 2010
  12. ^ LGBT world legal wrap up survey
  13. ^ a b State-sponsored Homophobia A world survey of laws criminalising same-sex sexual acts between consenting adults
  14. ^ Main legislation
  15. ^ "Transgender woman granted asylum in Denmark", UPI.com, 4 February 2013
  16. ^ (Danish) 30 år siden: Homoseksualitet fjernet fra Sundhedsstyrelsens sygdomsliste
  17. ^ (Danish) Homoseksualitetsbegrebet i Danmark
  18. ^ Same-Sex Marriage: A Reference Handbook