LGBT rights in Luxembourg

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

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

Same-sex sexual activity legal? Legal since 1794,
equal age of consent
Gender identity/expression With sterilization
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 2015
Adoption joint adoption legal since 2015

Luxembourg is generally tolerant of homosexuality, and it is largely respected and accepted. Lesbian, gay, bisexual, and transgender (LGBT) persons in Luxembourg may face some legal challenges not experienced by non-LGBT residents. Civil unions, which grant many of the benefits of marriage, are recognised. The parliament of Luxembourg passed a law enabling same sex marriage and adoption rights in June, 2014. This law is expected to be enacted by the end of 2014.

Law regarding same-sex sexual activity[edit]

Same-sex sexual activity was decriminalised in 1794 (when the country was a French possession). Article 372 of the Penal Code sets the age of consent to 16, regardless of sexual orientation and/or gender. This was increased to 18 for same-sex sexual activity in 1971 by the addition of article 372bis to the Penal Code, which was repealed in 1992.[1]

Gender identity/expression[edit]

Recognition of same-sex relationships[edit]

Civil unions were available in Luxembourg from 2009 until 2014, when full same-sex marriage rights were achieved after a parliamentary vote. Civil unions are called partenariat légal (French: legal partnership) and are based on the French PACS model. The Partnership Act which permitted these unions was enacted on 9 July 2004.[2]

In 2009, the Government of Luxembourg announced its intention to legalise same-sex marriage. However, after much delay, a final vote was not held until June 2014, when it passed by 56 votes to 4.

Adoption and family planning[edit]

See also: LGBT parenting

After a parliamentary vote in June 2014, full adoption rights for same-sex couples is expected to be enacted by 2015.

On 20 February 2013, the Chamber of Deputies Judicial Committee voted in principle to give same-sex couples the right to simple adoption.[3]

However, for lesbian couples, they can get access to IVF and medically assisted insemination treatment.

Discrimination protections[edit]

There are anti-discrimination laws on the basis of sexual orientation, but only in employment and the provision of goods and services. Hate crime legislation does not refer to sexual orientation or gender identity, and sexual orientation or gender identity are not recognised as aggravating factors for hate crime. Luxembourg nationals are allowed to serve in the armed forces regardless of sexual orientation.

LGBT rights movement in Luxembourg[edit]

The umbrella organisation dealing with homosexual and bisexual issues is Rosa Lëtzebuerg (Luxembourgish: Pink Luxembourg). This charity was founded on 26 June 1996 and had 220 members by 2004.[4] Its aims are to promote the civil rights of homosexuals and bisexuals and to fight against discrimination against them, to work in terms of social, cultural and legal matters for full equality of homosexuals and bisexuals, and to organise social and cultural activities that are in favour of homosexuals and bisexuals.[5]

Public opinion[edit]

A Eurobarometer survey published on December 2006 showed that 58% of Luxembourgians surveyed support same-sex marriage and 39% recognise same-sex couple's right to adopt (EU-wide average 44% and 33%).[6]

Summary table[edit]

Same-sex sexual activity legal Yes (since 1794)
Equal age of consent Yes (except between 1971–1992)
Anti-discrimination laws in employment only Yes
Anti-discrimination laws in the provision of goods and services Yes
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes
Same-sex marriage Yes(Legal from 2015)
Recognition of same-sex couples Yes (since 2004)
Step-child adoption by same-sex couples Yes(legal from 2015)
Joint adoption by same-sex couples Yes(legal from 2015)
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender Yes Requires sterilization For change.
Access to IVF for lesbians Yes
MSMs allowed to donate blood[7] No

See also[edit]

References[edit]

  1. ^ Rapport du Groupe européen d'Experts dans le domaine de la Lutte contre la Discrimination fondée sur l’Orientation sexuelle
  2. ^ Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats
  3. ^ (French) Les couples homosexuels pourront adopter, Chambre des Députés
  4. ^ Rosa Lëtzebuerg a.s.b.l.
  5. ^ (French) Présentation de l'association
  6. ^ Eight EU Countries Back Same-Sex Marriage
  7. ^ http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/