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 without a diagnosis, hormone therapy, surgery or sterilization
Military service Gays and lesbians allowed to serve openly
Discrimination protections Sexual orientation and gender identity/expression 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 some of the most extensive in the world and a high priority.

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] and Denmark recognizes same-sex marriages performed elsewhere. Discrimination on the grounds of sexual orientation was prohibited in 2004. Same-sex couples are allowed to jointly adopt since 2010, while previously allowing stepchild adoptions and limited co-guardianship rights for non-biological parents. Gays and lesbians are also allowed to serve openly in the military.

Like its Scandinavian neighbours, Denmark has become one of the most socially liberal countries in the world, with recent polls indicating that a large majority of Danes support same-sex marriage and LGBT adoption.[3] Copenhagen, the capital, has frequently been referred to by publishers as one of the most gay friendly cities in the world,[4] famous for its annual Pride Parade.

Law[edit]

Same-sex sexual activity[edit]

Same-sex sexual activity was legalized in 1933, and since 1977, the age of consent is 15, regardless of sexual orientation or gender.[5]

Recognition of same-sex couples[edit]

Registered partnerships (registreret partnerskab) were created by a law enacted on 7 June 1989, the world's first such law, and came into force on 1 October 1989.[6][7] Registered partnerships had almost all the same qualities as marriage; all legal and fiscal rights and obligations were like those of opposite-sex marriage, with the major exception being that regulations by international treaties did not apply unless all signatories agree.

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][8]

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.[9] The proposed legislation removes almost all discrimination in current law, leaving only a few gender-specific articles.[10]

Adoption and family planning[edit]

See also: LGBT parenting

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").[11][12] Adoption by LGBT parents was previously only permitted in certain restricted situations, notably when a previous connection exists between the adopting parent and the child, such as being a family member or a foster child.

Since 1 July 2010, same-sex couples may apply jointly for adoption.[13][14] On 20 July 2014, a gay male couple became the first gay couple to adopt a foreign child since it became legal in 2010, when they adopted a nine-month-old girl from South Africa.[15]

On 2 June 2006, the Danish Parliament voted to repeal a law that since 1997 had banned lesbians from artificial insemination, giving lesbians more parental rights to genectically have children. Also, the other partner who is not the biological parent of the child is written onto the birth certificate as the other natural parent.[16]

Military service[edit]

Openly gay, lesbian, and bisexual soldiers serve without hindrance in all branches of the Danish Defence. Discrimination against gay, lesbian, and bisexual soldiers in recruitment, placement and promotion is prohibited in Denmark.[17] There are prominent openly gay military leaders in the Defence and there are no reported cases of threats to gays, morale, or national security.[18] A study of the conditions for gay men indicates that gay men in the Danish Defence show strength and are respected.[19]

Hate crimes and discrimination[edit]

Danish law includes protections against discrimination based on sexual orientation and gender identity/expression.[20][21]

Danish law includes hate crimes legislation, which adds extra penalties for crimes committed against people because of their sexuality and for their gender identity or form of gender expression.[20]

Gender identity and expression[edit]

In February 2013, a Guatemalan became the first transgender person to be granted asylum in Denmark because of persecution in her native country.[22] However, she was put in a facility for men, where she had been assaulted several times and was initially refused. They reopened the case when LGBT Denmark proved her life would be in danger if she returned to Guatemala.[23]

In June 2014, the Danish Parliament voted 59-52 to remove the requirement of diagnosis with a mental disorder and surgery with irreversible sterilization during the process of a legal sex change. This makes Denmark the first European country to remove the Gender Identity Disorder diagnosis as a necessary requirement in the gender recognition process.[24] Since September 1, 2014, Danes over 18 years old who wish to apply for a legal sex change can do so by stating that they want to change their documentation, followed by a six-month-long "reflection period" to confirm the request.[25][26]

Public opinion[edit]

A December 2006 European Union member poll showed Danish support for same-sex marriage at 69 percent.[27] 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).

In a 2013 YouGov poll of 1,005 Danes, 59% agreed that same-sex couples should be allowed to adopt children, while 79% agreed that same-sex couples should be allowed to marry.[3]

Summary table[edit]

Same-sex sexual activity Civil union Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Yes Legal since 1933[20] Yes Registered partnership from 1989 Yes Legal since 2012 Yes Step-child adoption since 1999.
Joint adoption since 2010.
Yes Since 1978 Yes Bans all anti-gay discrimination Yes Legal gender change and recognition possible without surgery or hormone therapy.[28]

Summary by territories of the Kingdom of Denmark[edit]

Right Yes/No Notes
Same-sex sexual activity
Same-sex sexual acts legal Yes Since 1933
Homosexuality declassified as an illness Yes Since 1981[29][30]
Equal age of consent for same-sex and opposite-sex sexual acts Yes Since 1977 (Denmark and Greenland)
Since 1988 (Faroe Islands)
Same-sex relationships
Registered partnerships for same-sex couples Yes Since 1989 (Denmark)[31]
Since 1996 (Greenland)[32]
No No laws exists, bills rejected in 2014 (Faroe Islands)[33][34][35][36]
Civil partnerships in religious venues Yes Since 2012 (Denmark)
By 1 October 2015 (Greenland)[37]
No No law exists (Faroe Islands)
Civil and religious same-sex marriage[note 1] Yes Since 2012 (Denmark)
By 1 October 2015 (Greenland)[38]
No No law exists (Faroe Islands)
Adoption and family planning
Joint- and step-adoption for LGBT persons and same-sex couples Yes Since 1999 and 2010 (Denmark))[39]
Step-adoption Since 2009, joint adoption by 1 October 2015 (Greenland)
No No law exists (Faroe Islands)
Equal access to IVF for all couples and individuals Yes Since 2006 for lesbians (Denmark and Greenland)
No No law exists (Faroe Islands)
Same-sex couples as both parents on a birth certificate Yes Since 2013 (Denmark)
No No law exists (Faroe Islands and Greenland)
Equal access to surrogacy for all couples and individuals Unclear Unclear
Commercial surrogacy for gay male couples Not applicable Illegal for heterosexual couples also
Military service
LGBT people allowed to serve openly in military Yes Since 1978
Transgender rights
Transsexualism declassified as an illness No No law exist
Right to change legal gender Yes Since 2014 (Denmark)
Legal (Faroe Islands)[40]
No No law exists (Greenland)
Right to change legal gender without having to end marriage Yes Since 2014 (Denmark)
No No law exists (Faroe Islands and Greenland)
Discrimination protections
Laws against hate speech based on sexual orientation Yes Since 2004 (Denmark)
Since 2007 (Faroe Islands)[32]
Since 2010 (Greenland)[32]
Laws against hate speech based on gender identity Yes Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Laws against inciting hatred on sexual orientation through an aggravating circumstance Yes Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Laws against inciting hatred on gender identity through an aggravating circumstance Yes Since 2004 (Denmark)
Since 2007 (Faroe Islands)
Since 2010 (Greenland)
Anti-discrimination laws in all areas on sexual orientation and gender identity (including harassment, victimisation, direct and indirect discrimination) Yes Since 2004 (Denmark)
No No law exists (Faroe Islands and Greenland)
Migration rights
Immigration equality and rights for LGBT individuals and same-sex couples Yes Legal
Recognition of sexual orientation and gender identity for asylum requests Unclear Some cases recognised
Other
LGBT sex education and relationships taught in schools Unclear Personal, Social and Health Education (PSHE), which includes sex and relationships, is compulsory,[41] but LGBT sex education and relationships is rarely or not taught in schools.
MSMs allowed to donate blood No Not legal[42]

See also[edit]

Notes[edit]

  1. ^ Same-sex marriages give all the rights and responsibilities of civil marriage and can be performed on approved premises and religious venues in Denmark (with a religious ceremony guaranteed in the Church of Denmark)

References[edit]

  1. ^ Bekendtgørelse af straffeloven
  2. ^ a b The Copenhagen Post, 7 June 2012: Gay marriage legalised Retrieved 2012-09-19
  3. ^ a b "YouGov / EMEA Survey Results" (PDF). YouGov. 2013. Retrieved 3 September 2015. 
  4. ^ Chris Zeiher (20 October 2014). "The most gay-friendly places on the planet". Lonely Planet. Retrieved 3 September 2015. 
  5. ^ Bekendtgørelse af straffeloven
  6. ^ The Registered Partnership Act
  7. ^ Sheila Rule: Rights for Gay Couples in Denmark - New York Times. Published: 2 October 1989. Accessed: 7 June 2012
  8. ^ Homoseksuelle fik ja til ægteskab - Jyllands-Posten.
  9. ^ 'The bill as proposed by the minister of Social Affairs and Integration', "Folketinget", 14 March 2012.
  10. ^ 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."
  11. ^ "Draft Paper: Same-Sex Couples as Parents", authored by Nina Dethloff, Bonn University (footnote 16 references § 4(1) Lov om registreret partnerskab no. 372)
  12. ^ "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)
  13. ^ (Danish) Lov om ændring af lov om registreret partnerskab, lov om en børnefamilieydelse og lov om børnetilskud og forskudsvis udbetaling af børnebidrag
  14. ^ "Gay couples in Denmark now allowed to adopt", International Gay, Lesbian, Trans and Intersex Association, 5 May 2010
  15. ^ "Første danske homopar adopterer fra udlandet". http://politiken.dk/. Politiken. Retrieved 20 July 2014. 
  16. ^ "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)
  17. ^ LGBT world legal wrap up survey
  18. ^ Konigsberg, Eric (November 1992). "Gays in arms: can gays in the military work? In countries around the world, they already do". The Washington Monthly. Retrieved July 5, 2011. 
  19. ^ Sexual Orientation Discrimination in Denmark. – a study of the experiences and perceptions of six homosexual men in the Danish Armed Forces Associated professor Ina Borup, NHV — Nordic School of Public Health, Jan 2010.
  20. ^ a b c State-sponsored Homophobia A world survey of laws criminalising same-sex sexual acts between consenting adults
  21. ^ Main legislation
  22. ^ "Transgender woman granted asylum in Denmark", UPI.com, 4 February 2013
  23. ^ Fernanda Milan, Guatemalan Transgender Woman, Granted Asylum In Denmark
  24. ^ "Denmark becomes Europe’s leading country on legal gender recognition | The European Parliament Intergroup on LGBTI Rights". Lgbt-ep.eu. 2014-06-12. Retrieved 2015-04-10. 
  25. ^ World must follow Denmark's example after landmark transgender law
  26. ^ Bill proposing change of law in relation to the Civil Registration System
  27. ^ Europe Split On Gay Marriage
  28. ^ Denmark changes sex change laws
  29. ^ (Danish) 30 år siden: Homoseksualitet fjernet fra Sundhedsstyrelsens sygdomsliste
  30. ^ (Danish) Homoseksualitetsbegrebet i Danmark
  31. ^ Same-Sex Marriage: A Reference Handbook
  32. ^ a b c http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
  33. ^ Faroe Islands: Equal marriage bill voted down
  34. ^ (Faroese) Løgtingssetan 2013 Mál: 51 Viðgerð: 2
  35. ^ (Faroese) Løgtingssetan 2013 Mál: 52 Viðgerð: 2
  36. ^ (Faroese) Løgtingssetan 2013 Mál: 53 Viðgerð: 2
  37. ^ (Danish) [1]
  38. ^ (Danish) [2]
  39. ^ Gays given equal adoption rights[dead link]
  40. ^ Jan Dagø (2013-10-23). "Holdningsskred i synet på homoseksuelle på Færøerne | Information" (in Danish). Information.dk. Retrieved 2015-04-10. 
  41. ^ "Fælles Mål 2009 - Sundheds- og seksualundervisning og familiekundskab". uvm.dk. 2009. Retrieved 2015-01-03. 
  42. ^ Risikibetonet adfærd