LGBT history in the Netherlands
The history of lesbian, gay, bisexual and transgender people in the Netherlands has reflected the shades of tolerance or rigidity which were utilized by the rulers of the country at various periods in its history. Since World War II, the movement for LGBT rights has been galvanized by both events abroad and increasing liberalization domestically.
18th and 19th century
Homosexual relations between consenting adults in private were first legalized in 1811 when France invaded and installed the Napoleonic Code. After the Dutch received independence in 1813 no new sodomy law was enacted.
1900 - 1939
In 1911 the ruling Christian-based political parties enacted "article 248bis" that raised the age of consent for homosexuality to 21, while the age of consent for heterosexuality remained at 16. Along with the unequal age of consent were various laws against "public indecency" that were often used against gay men.
Some of the first bars for gay and lesbian people were established during this period, including Café 't Mandje (established 1927 in Amsterdam) and De Merlo (established 1928 in Amsterdam). Also, two magazines were established: Levensrecht (established 1940) and Wij.
1940 - 1969
The Dutch chapter of the Scientific Humanitarian Committee was shut down by the German Nazis during the Second World War, and the German law that prohibited homosexuality, Paragraph 175 was introduced into Dutch law.
The Dutch LGBT rights movement was revived in 1945 when the Center for Culture and Recreation was created in the Hague by Niek Engelschman (nl) which published the "Right To Live" publication (Levensrecht).
In the late 1940s into the 1960s several Dutch psychiatrists and clergy began to see homosexuality as a minor mental illness. During the sexual revolution of the 1960s, this more open-minded point of view resulted in a less repressive attitude towards homosexuality and the legalization of adultery, abortion, and pornography. Prostitution was legalized in 1993.
In 1971, Article 248bis was repealed and in 1973 Dutch mental health institutions stopped treating homosexuality as an illness and the military lifted its ban on homosexuals. More Dutch LGBT people started to "come out", gay publications such as "Gay Krant" started to be published and the liberal and left-wing Dutch political parties started to support LGBT rights as part of an overall support of social tolerance and liberalism.
The AIDS-HIV pandemic prompted most Dutch LGBT people to change their sexual habits to practice safe sex, and comprehensive sexual education was introduced into the public schools that resulted in a low rate of infection.
In 1993 the Dutch parliament enacted the "Equal Rights Law", which included sexual orientation as a category legally protected against discrimination, for example in employment, housing, and the provision of both public and private goods and services. However, a leaked report in 2005 stated that religious schools, most of which are financed by the government, can exclude teachers if their behaviour outside of school goes against the ethos of the school, and a teacher was suspended in April 2005 solely for being in a same-sex relationship. In 1998 the Dutch parliament granted same-sex couples domestic partnership benefits.
2000 - 2004
Isolated verbal and physical attacks on LGBT people tend to come from the socially conservative leadership of the Muslim community and their followers (more than 5% of the population). Political leaders of the conservative Christian parties (accounting for another 5%) oppose gay-rights legislation, however, they do recognise the gay community and all oppose discrimination against LGBT people. Furthermore, the ChristenUnie (ChristianUnion), who, together with the CDA and PvdA forms the fourth Balkenende cabinet, doesn't want to reverse the same-sex marriage law (while in the Balkenende IV cabinet), for they recognise it as something that has a large social basis, and thus "a given fact". ChristenUnie remains, however, against same-sex marriage. For the Netherlands, it is a conservative point of view, but compared with other Christian parties in the world, it is rather progressive.
The two autonomous overseas territories within the Kingdom of the Netherlands, Aruba and the Netherlands Antilles, reject the Netherlands' liberal legislation regarding sexual orientation, and have not legalized same-sex marriages. However, the Netherlands Supreme Court in 2007 declared that all marriages contracted in the different parts of the Kingdom of the Netherlands should be accepted in the other parts of the Kingdom as well, forcing Aruba to recognize same-sex marriages concluded in the Netherlands. This does not mean however that Aruba or the Netherlands Antilles are bound to introduce laws legalizing same-sex marriages to be concluded within their countries, since the constituent countries of the Kingdom have separate private law (see Same-sex marriage in Aruba). While homosexual relations between consenting adults in private are legal, most of the people in the island territories affiliate with the socially conservative Roman Catholic Church. As a result, many Antillians and Arubans do not support LGBT rights.
2005 - 2009
In 2005 the Dutch government started allowing married same-sex couples to adopt children from overseas.
In 2005 Aruba, a constituent country of the Kingdom of the Netherlands, refused to recognize same-sex marriages, although it has legalized homosexual relations between consenting adults in private. In 2007, the Dutch Supreme Court declared that all marriages contracted in the different parts of the Kingdom of the Netherlands should be accepted in the other parts of the Kingdom as well, forcing Aruba to recognize same-sex marriages.
In 2006 the Dutch government acted to deport several Iranian LGBT immigrants who claimed that they would be killed if they were sent back, but after protests from the Dutch population, the government let them stay.
In 2007 the Dutch Equal Treatment commission confirmed the policy of Sanquin (the Dutch organization that regulates blood donation) not to allow MSMs (Men who have Sex with Men) to donate blood. It had previously done so in 1998.
2010 - 2014
In 2010 a Catholic priest in Reusel denied the openly gay Prince Carnaval the sacramental bread. The gay community turned out in large number during the subsequent mass, leading the preacher to cancel the Eucharist. The bishop of 's-Hertogenbosch backed the priest, after which the gay community, backed by the chair of political party PvdA (English: Labour Party), announced a protest at the bishop's mass. While much of the Dutch discourse about acceptance of homosexuality within religion was focused on the lack of acceptance in Islam, this case showed that the acceptance of homosexuality in some Christian churches remains low as well in the Netherlands.
|Wikimedia Commons has media related to LGBT history in the Netherlands.|
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- Gert Hekma. "The Amsterdam Bar Culture And Changing Gay/Lesbian Identities". Gay Studies Department, University of Amsterdam.
- Lesbian and Gay Movement in the Netherlands
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- Imams tegen homo's
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- Eerste huiskamerbijeenkomst RefoAnders: Rouvoet wil gesprekspartner
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- TFE, tfe.nl (2012-10-17). "Dutch Equal Treatment Commission confirms Sanquin policy". Sanquin.nl. Retrieved 2013-02-12.
- "Gays protest against Catholic priest in Reusel". Nos.nl. Retrieved 2011-01-09.
- Van onze verslaggever Raoul du Pré. "Ploumen: kom naar protest bij mis Sint-Jan - Binnenland - VK". Volkskrant.nl. Retrieved 2011-01-09.
- "Katholieke homos - de Volkskrant - Opinie". Extra.volkskrant.nl. Retrieved 2011-01-09.