LGBT rights in the Netherlands

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

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

Same-sex sexual activity legal? Legal since 1811
Gender identity/expression Transsexual persons allowed to change legal gender, only after a diagnosis but without surgery or hormone therapy
Military service Gays and lesbians allowed to serve openly
Discrimination protections Sexual orientation protections (see below)
Family rights
Recognition of
relationships
Registered Partnership since 1998
Same-sex marriage since 2001
Adoption Same-sex couples may jointly adopt

Lesbian, gay, bisexual, transgender (LGBT) rights in the Netherlands have been some of the most progressive in Europe and worldwide. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws and no more were enacted after the country received independence. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of homosexuals, eventually leading to its declassification as a mental illness in 1973 and ban on discrimination based on sexual orientation in the military. The Equal Rights Law was enacted in 1993, which bans discrimination on sexual orientation on the grounds of employment, housing, public accommodations, and more. After the country began granting same-sex couples domestic partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and step adoption are also permitted. Lesbian couples can get access to IVF as well. Although transsexuals are allowed to change their legal gender, discrimination protections on the grounds of gender identity or expression have not been explicitly enacted countrywide yet.

The Netherlands has become one of the most socially liberal countries in the world,[1] with recent polls indicating that more 90% of ethnic Dutch people view homosexuality as moral, despite only 30% and 25% of Turks and Moroccans agreeing, respectively.[2] Hindus of Indian origin are reportedly in line with ethnic Dutch in terms of acceptance.[3] Most opposition and violence against LGBT citizens stem from the Christian and Muslim communities,[4] which make up less than a quarter of the country's population.[5] Amsterdam has frequently been named one of the most LGBT friendly cities in the world,[6] famous for its many accommodations specifically pertaining to the LGBT community, including its many gay bars, bathhouses, hotels, and venues as well as Pink Point, which provides LGBT friendly information and souvenirs, and the national Homomonument, which was completed in 1987 and was the first monument in the world to commemorate homosexuals who were persecuted and killed during World War II.[7] Since then, The Hague got an international Homomonument and Utrecht got a Sodomonument, to commemorate the victims of a (rare) raid on "sodomites" in Dutch history that started in Utrecht. The LGBT community has been said to be most visible in Rembrandtplein in central Amsterdam.[8]

Law regarding same-sex sexual activity[edit]

Between 1730 and 1811, sodomy was considered a capital crime by the Dutch Republic, resulting in widespread panic throughout the Netherlands and the persecution of hundreds of homosexuals.[9] After the French invaded and installed the Napoleonic Code in 1811, all laws against same-sex sexual activity between consenting in adults in private were repealed. After the Dutch received independence in 1813, no new sodomy laws were enacted. The Christian based political parties enacted Article 248bis of the Penal Code in 1911, which raised the age of consent for same-sex sexual activity to 21 whilst the age of consent remained for heterosexual activity remained at 16. Laws citing public indecency were also often used against homosexuals.

During World War II, the German Nazis introduced Paragraph 175 into Dutch law, which prohibited any same-sex sexual activity once again. The law was repealed after the end of the war.

During the mid-20th century, Dutch psychiatrists and clergy began viewing homosexuality less critically and in 1973, homosexuality was no longer treated as a mental illness. Article 248bis was repealed in 1971 and the age of consent for same-sex sexual activity was equalized.

Recognition of same-sex relationships[edit]

Two men marrying in Amsterdam, in the first month after the possibility to marry was opened to same-sex couples (2001).

The Dutch parliament began granting same-sex couples domestic partnerships benefits on 1 January 1998 as an alternative for marriage, which were also allowed for opposite-sex couples.[10] The Netherlands became the first country in the world to legalize same-sex marriage in 2001, with the law coming into effect on 1 April.[11] During that day, Job Cohen, the Mayor of Amsterdam, married four same-sex couples after becoming a registrar specifically to officiate weddings.[12] The bill had passed the House of Representatives by 109 votes against 33.[13] Although same-sex marriages can be performed in the European territory of the Netherlands and the Caribbean Netherlands territory including Bonaire, Sint Eustatius and Saba, same-sex marriages performed in Aruba, Curaçao and Sint Maarten, which are constituent countries of the Kingdom of the Netherlands, are not officially valid. As a result of article 40 of the Charter for the Kingdom of the Netherlands, same-sex marriages performed anywhere else in the Kingdom must be recognized in all territories,[14] however, they are not authorized to guarantee equal treatment of same-sex couples with valid marriage licenses.

Public opinion[edit]

According to a recent poll conducted in May 2013, Ifop indicated that 85% of the Dutch population supported same-sex marriage and adoption.[15] A European Union member poll conducted in 2006 indicated that 82% of the Netherlands supported same-sex marriage, which was the highest amount of support during that time.[16] In the Caribbean territories of the Kingdom, the citizens are mostly religious, resulting in larger opposition of same-sex marriage in comparison to the European territories.

Discrimination protections[edit]

The Dutch parliament enacted the Equal Rights Act in 1993, which bans discrimination on the grounds of sexual orientation in employment, housing, and both public and private accommodations.

Religious schools financed by the government, are not allowed to fire or deny teachers on the "single fact" of someone's sexual orientation. However, some schools have interpreted this, that they can fire a teacher for behaviours outside of the facility that goes against the ethos of the school. This resulted in the termination of a teacher in 2005 for being in a same-sex relationship.[17] This law is called 'de enkelefeitconstructie' (the 'single fact' construction). A bill that removes the 'single fact' rule and ensures that LGBT students and teachers can not be fired because of their sexual orientation, is currently being debated in parliament.[18] On May 27, 2014 this bill was approved by the vast majority of the House of Representatives and now awaits approval by the Senate. [19]

Adoption and parenting[edit]

Same-sex adoption was legalized alongside same-sex marriage in 2001, which includes joint and step adoption. The Dutch parliament also began allowing same-sex couples to adopt children overseas in 2005. Lesbian couples can get access to IVF treatment as well.

Blood donation[edit]

In the Netherlands, as in many other countries, men who have sex with men (MSM) are not allowed to donate blood.[20] The MSM population in developed countries tends to have a relatively high prevalence of HIV/AIDS infection,[21] so a blanket ban is enforced. In April 2012, the House of Representatives voted on a motion that would make an end to this ban and would make sexual risk behaviour the criteria for blood donation; in response the government has asked the blood bank Sanquin to investigate whether there is a possibility to allow MSM to donate blood.[22]

Living conditions[edit]

The Netherlands has frequently been referred to as one of the most gay friendly countries in the world,[23][24] on account of its early adoption of LGBT rights legislation, and tolerance perception.

Amsterdam has been referred to as one of the most gay-friendly cities in the world by publications such as The Independent.[25] The annual gay pride festival has been held in Amsterdam every year since 1996.[26] The festival attracts several hundred-thousand visitors each year and thus one of the largest publicly held annual events in the Netherlands.

Summary table[edit]

Right Yes/No Note
Same-sex sexual activity legal Yes Since 1811
Equal age of consent Yes Since 1971
Anti-discrimination laws in employment Yes Since 1983
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(s) Yes Since 2001; first country in the world to legalize
Recognition of same-sex relationships Yes Domestic partnership benefits since 1998
Step adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes Introduced with same-sex marriage in 2001
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender Yes
Access to IVF for lesbians Yes
Automatic parenthood for both spouses after birth Yes Only with unknown sperm donor for lesbian couples
Equal rights for gay male couples regarding commercial surrogacy No Banned for heterosexual couples as well
MSMs allowed to donate blood No Under review[22]

See also[edit]

References[edit]

  1. ^ http://www.rijksoverheid.nl/ministeries/vws#ref-minvws
  2. ^ http://www.rnw.nl/english/article/lesbians-flee-amsterdam-bible-belt
  3. ^ http://www.rnw.nl/english/article/homophobia-among-hindus-holland
  4. ^ http://www.state.gov/j/drl/rls/hrrpt/2006/78830.htm
  5. ^ http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=70086ned&D1=0-1,17-18&D2=0,4,9,14,(l-14)-l&HD=130902-0320&HDR=T&STB=G1
  6. ^ http://www.independent.co.uk/life-style/love-sex/taboo-tolerance/the-ten-best-places-in-the-world-to-be-gay-932557.html?action=gallery&ino=7
  7. ^ http://www.amsterdam.info/gay/
  8. ^ http://www.independent.co.uk/life-style/love-sex/taboo-tolerance/the-ten-best-places-in-the-world-to-be-gay-932557.html?action=gallery&ino=7
  9. ^ http://www.ct.gov/dcf/lib/dcf/wmv/pdf/timeline_of_lgbt_history.pdf
  10. ^ https://same-sex.web.ined.fr/pdf/DocTrav125/05Doc125TheNetherlands.pdf
  11. ^ http://tvnz.co.nz/view/news_world_story_skin/34978
  12. ^ http://news.bbc.co.uk/2/hi/europe/1253754.stm
  13. ^ http://www.nytimes.com/2000/09/13/world/dutch-legislators-approve-full-marriage-rights-for-gays.html?scp=2&sq=Norway+Gay+Marriages&st=nyt
  14. ^ http://wetten.overheid.nl/BWBR0002154/geldigheidsdatum_29-12-2010#3_Artikel40
  15. ^ http://www.ifop.com/media/poll/2255-1-study_file.pdf
  16. ^ http://web.archive.org/web/20080129053504/http://www.365gay.com/Newscon06/12/121806euPoll.htm
  17. ^ http://www.pinknews.co.uk/2009/06/12/leaked-dutch-report-says-schools-can-ban-gay-teachers/
  18. ^ http://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/enkelefeitconstructie_verdwijnt.jsp
  19. ^ http://www.coc.nl/politiek-2/tweede-kamer-stemt-voor-afschaffing-enkele-feitconstructie
  20. ^ "Hiv: risicofactoren voor mannen" (in Dutch). Sanquin Bloedvoorziening. Retrieved 10 August 2014. 
  21. ^ "5". 2006 Report on the global AIDS epidemic. UNAIDS. December 2006. 
  22. ^ a b "Equal rights for LGBTS". government.nl. Government of the Netherlands. Retrieved 10 August 2014. 
  23. ^ McDaid, Mark (20 May 2013). "The Netherlands is one of Europe's most gay-friendly nations". Netherlands: IamExpat. Retrieved 10 August 2014. 
  24. ^ Baird-Remba, Rebecca. "13 Countries That ArMore Gay Friendly Than America". Business Insider (Business Insider Inc.). Retrieved 10 August 2014. 
  25. ^ Field, Marcus (17 September 2008). "The Ten Best Places In The World To Be Gay". independent.co.uk (The Independent). Retrieved 10 August 2014. 
  26. ^ "Amsterdam Gay Pride". Amsterdamgaypride.nl. Retrieved 9 January 2011. 

External links[edit]