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LGBTQ rights in Iceland

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LGBTQ rights in Iceland
Location of LGBTQ rights in Iceland (dark green)

in Europe (dark grey)  –  [Legend]

StatusLegal since 1940,
age of consent equalized in 1992
Gender identityTransgender people allowed to change gender without surgery
MilitaryNo standing army
Discrimination protectionsSexual orientation and gender identity protections (see below)
Family rights
Recognition of relationshipsSame-sex marriage since 2010
AdoptionBoth full joint and stepchild adoption allowed

Lesbian, gay, bisexual and transgender (LGBT) rights in Iceland are very progressive. In February 2009, a minority government took office, headed by Jóhanna Sigurðardóttir, the world's first openly gay head of government in modern times. The Icelandic Parliament amended the country's marriage law on 11 June 2010 by unanimous vote to define marriage as between two individuals, thereby making same-sex marriage legal. The law took effect on 27 June 2010.[1] Also, since 2006, same-sex couples have had equal access to adoption and IVF. Iceland is frequently referred to as one of the most LGBT-friendly countries in the world.

Legality of same-sex sexual activity

A law criminalizing same-sex sexual activity was repealed in 1940. In 1992, the age of consent was set at 14,[2] and in 2007 it was raised to 15, regardless of gender and sexual orientation.[nb 1][3]

Recognition of same-sex relationships

Main article: Same-sex marriage in Iceland

Registered partnerships for same-sex couples became legal in 1996.[4][5][6] It was replaced by the gender-neutral marriage law on 27 June 2010.

On 23 March 2010, the Government presented a bill, which would allow same-sex couples to marry.[7][8][9][10] On 11 June 2010, Parliament unanimously approved the bill 49 to 0.[1][11] The law took effect on 27 June.[12]

In October 2015, the Church of Iceland voted to allow same-sex couples to marry in its churches.[13]

Adoption and family planning

See also: LGBT parenting

On 27 June 2006, Icelandic same-sex couples became eligible to a range of laws including public access to IVF insemination treatment and joint adoption of children.[6] Stepchild adoption (where someone can adopt their partner's biological child) has been legal in Iceland since 2000.[14]

Discrimination protections

In 1996, the Althing passed amendments to the Icelandic Penal Code, adding sexual orientation to the country's non-discrimination law. This made it illegal to refuse people goods or services on account of their sexual orientation, or to attack a person or group of people publicly with mockery, defamation, abuse or threats because of their sexual orientation.[15]

Since 2008, it has been illegal to discriminate against people on the basis of their sexual orientation in education.[16]

In 2014, the Parliament approved an amendment to the Penal Code, adding gender identity to the list of anti-discrimination grounds.[17]

Until 2018, Iceland possessed no laws prohibiting employment discrimination on any grounds.[18][16][19] A committee that Welfare Minister Eygló Harðardóttir founded in 2014 handed in its conclusions in November 2016, advising the Parliament to pass a general discrimination law. Such a law would include protections on the basis of sexual orientation, gender identity and sex characteristics.[20] On 11 June 2018, the Parliament approved a law banning employment discrimination based on sexual orientation, gender identity, gender expression and sex characteristics, among others. It took effect on 1 September 2018.[21][22][23]

Gender identity and expression

On 11 June 2012, the Icelandic Parliament voted in favor of a new law relaxing rules surrounding gender identity and allowing comprehensive recognition regarding recognition of acquired gender and enacting gender identity protections.[24] These laws were enacted on 27 June 2012. The laws state that the National University Hospital of Iceland (Icelandic: Landspítali - háskólasjúkrahús) is obligated to create a department dedicated to diagnosing gender dysphoria, as well as performing sex reassignment surgery (SRS). After successfully completing an 18-month process, including living 12 months in accordance their gender, applicants appear before a committee of professionals. If the committee determines that a diagnosis of GID is appropriate, the National Registry is informed and the applicant chooses a new name to reflect their gender and is issued a new ID-number (kennitala) and ID. Sex reassignment surgery is not required for an official name change and gender recognition.

Sex education

Since 2016, the town of Hafnarfjörður has included information about homosexuality in its eighth grade (age 14-15) sex education lessons.[25]

The University of Iceland organises several social activities, such as field trips, where students can discuss and learn about LGBT issues.[26]

Blood donation

Men who have sex with men (MSM) are currently unable to donate blood in Iceland.[27]

In 2014, a man in Iceland filed a lawsuit against the blood ban, describing the current policy as a clear example of discrimination.[28]

In October 2015, the Icelandic Minister of Health, Kristján Þór Júlíusson, announced his support for regulatory changes to enable MSM in Iceland to donate blood.[29]

Sometime from 2019, Iceland will allow gay and bisexual men to donate blood.[30]

Public opinion

A February 2000 Gallup opinion poll showed that 53% of Icelanders supported lesbians' and gay men's right to adopt children, 12% declared their neutrality and 35% were against the right to adopt.[31]

A July 2004 Gallup poll showed that 87% of Icelanders supported same-sex marriage.[31]

In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Iceland was ranked first with a GHI score of 79.[32]

Living conditions

Gay Pride 2004 in Reykjavík
Participants at the 2009 Reykjavík Pride parade

Despite its small population, Iceland has a visible gay scene, particularly in the capital Reykjavík, which has a few bars and cafés, and some places with a mixed gay and straight crowd. Elsewhere in Iceland, however, the sparse population means there is almost no gay scene.[33] Akureyri, the biggest city outside the capital area, doesn't have any gay bars.

Gay pride parades in Iceland are usually held in August,[33] and are among Iceland's biggest annual events. In 2015, about 100,000 attended the Reykjavík Pride event, representing about 30% of the Icelandic population.[34] In 2016, Icelandic President Guðni Th. Jóhannesson participated in the Reykjavík Pride Parade, making him the first Icelandic President to attend a gay pride parade.[35]

Iceland is frequently referred to as one of the most LGBT-friendly countries in the world. Despite public antipathy towards LGBT people being high up until the 1980s, acceptance has increased significantly since then. Some of the earliest LGBT people to publicly come out include Hörður Torfason and Anna Kristjánsdottir, who both initially faced public discrimination and ridicule. The first Icelandic LGBT organization was Samtökin '78, which formed in 1978. Over the following years, LGBT groups and activists began to enter the public eye and raise awareness of their cause and movement. With greater visibility, societal attitudes began to evolve and become more accepting and tolerant. In 1996, registered partnerships were legalised for same-sex couples, making Iceland the fourth country worldwide to provide legal recognition to same-sex couples (after Denmark, Norway, and Sweden). Anti-discrimination laws covering sexual orientation were also enacted, adoption by same-sex couples was legalised, and transgender transition laws were relaxed, allowing transgender people the right to change their legal gender on official documents. In 2010, the Icelandic Parliament voted unanimously to legalise same-sex marriage; Iceland became the ninth country to legalise it, joining the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, and Portugal. In addition, former Prime Minister Jóhanna Sigurðardóttir (2009-2013), the first openly gay head of government of modern times, and her partner Jónína Leósdóttir became one of the first couples to marry in Iceland after the passage of the new law. Opinion polls have found overwhelming public support for same-sex marriage and LGBT rights more broadly. A 2004 poll showed that 87% of Icelanders supported same-sex marriage, one of the highest in the world. Moreover, in 2015, the Church of Iceland (about two-thirds of Icelanders are members) voted to allow same-sex couples to marry within its churches.[36]

Iceland is a very safe place for both LGBT citizens and travellers. The country is listed in the "Top 10 Gay Wedding Destinations" by Lonely Planet.[37]

Summary table

Same-sex sexual activity legal Yes (Since 1940)
Equal age of consent Yes (Since 1992)
Anti-discrimination laws in employment Yes (Since 2018)
Anti-discrimination laws in the provision of goods and services Yes (Since 1996)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 1996)
Anti-discrimination laws concerning gender identity Yes (Since 2014)
Same-sex marriage Yes (Since 2010)
Recognition of same-sex unions Yes (Since 1996)
Stepchild adoption by same-sex couples Yes (Since 2000)
Joint adoption by same-sex couples Yes (Since 2006)
LGBT people allowed to serve openly in the military No standing army
Right to change legal gender Yes
Conversion therapy on minors outlawed No
Homosexuality declassified as an illness Yes
Transvestism declassified as an illness Yes
Transsexuality declassified as an illness Yes
Equal access to IVF for all couples and automatic parenthood for both spouses after birth Yes (Since 2006)
Commercial surrogacy for gay male couples No (Illegal for all couples regardless of sexual orientation)
MSMs allowed to donate blood No[30]

Notes

  1. ^ (Icelandic) The Icelandic Penal Code
    202. gr. Hver sem hefur samræði eða önnur kynferðismök við barn, yngra en 15[fimmtán] ára, skal sæta fangelsi ekki skemur en 1[eitt] ár og allt að 16[sextán] árum.
    Section 202 Anyone who has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 16 years.

See also

References

  1. ^ a b Iceland parliament votes for gay marriage
  2. ^ Homosexuality and the Law - Fragments of Icelandic History Archived 21 July 2011 at the Wayback Machine
  3. ^ Hver er samræðisaldur á Íslandi? ("What is the age of consent in Iceland?") on Vísindavefurinn
  4. ^ "Iceland : Recognized partnership law, 1996". France.qrd.org. 1 July 1996. Retrieved 14 August 2010.
  5. ^ "Partnership Law In Iceland". France.qrd.org. Retrieved 14 August 2010.
  6. ^ a b "Important Improvements in Gay and Lesbian Rights in Iceland". Ilga-europe.org. 12 June 2006. Archived from the original on 27 February 2012. Retrieved 14 August 2010. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  7. ^ Iceland Likely to Permit Gay Marriage by June Archived 3 February 2014 at the Wayback Machine
  8. ^ Iceland is fine-tuning marriage-equality bill
  9. ^ "Frumvarp til laga um breytingar á hjúskaparlögum og fleiri lögum og um brottfall laga um staðfesta samvist (ein hjúskaparlög)". Alþingi. Retrieved 24 March 2010.
  10. ^ Hjúskaparlög, staðfest samvist o.fl. (ein hjúskaparlög)
  11. ^ Iceland passes gay marriage law in unanimous vote
  12. ^ "New gay marriage law in Iceland comes into force". Icenews.is. Retrieved 14 August 2010.
  13. ^ Icelandic Priests Cannot Deny Gay Marriage
  14. ^ "Adoption of Stepchildren in Gay and Lesbian Families in Iceland". Gay Ottawa Now!. 13 June 2000. Archived from the original on 28 January 2016.
  15. ^ Iceland: Homosexuality and the Law
  16. ^ a b Rainbow Europe: Iceland
  17. ^ The General Penal Code
  18. ^ Country report non-discrimination: Iceland
  19. ^ ICELAND IS NOT A QUEER UTOPIA
  20. ^ AN INDEX THAT PROTECTS LGBTI+ EMPLOYEES
  21. ^ Jöfn meðferð á vinnumarkaði - 394. mál, lagafrumvarp
  22. ^ Lög um jafna meðferð á vinnumarkaði
  23. ^ Laws finally guarantee equal employment rights for queer people!
  24. ^ Iceland adopts a new comprehensive law on trans issues Archived 27 September 2013 at the Wayback Machine
  25. ^ "Education Board Updates Sex Ed To Reflect Diversity". The Reykjavík Grapevine. 22 October 2015.
  26. ^ "UNIVERSITY STUDENTS RECEIVE QUEER EDUCATION". Gay Iceland. 9 March 2018.
  27. ^ Template:Is icon Hommar mega giftast en ekki gefa blóð
  28. ^ Iceland: Lawsuit challenges ban on gay men donating blood Pink News, 4 November 2014
  29. ^ “Gay men should be allowed to give blood”
  30. ^ a b "Iceland May Soon Lift Ban On Gay Men From Donating Blood". The Reykjavík Grapevine. 3 September 2018.
  31. ^ a b ""Regnbågsfamiljers ställning i Norden Politik" (PDF). NIKK Publikationer. 2009. p. 269. Archived from the original (PDF) on 31 January 2018. Retrieved 31 January 2018.
  32. ^ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo
  33. ^ a b Gay Iceland
  34. ^ Reykjavík Pride Parade Today
  35. ^ Reykjavík Pride Parade in Pictures
  36. ^ Gay Iceland | All You Need to Know. Guide to Iceland, Richard Chapman
  37. ^ Karla Zimmerman, Top 10 gay wedding destinations Lonely Planet, Our top 10 gay wedding destinations are not only gorgeous and romantic, but they also make it easy to get married on-site.
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