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]

Same-sex sexual activity legal status Legal since 1794,
equal age of consent
Gender identity/expression Transgender people allowed to change gender, require surgery and sterilization
Military service Gays, lesbians and bisexuals allowed to serve openly
Discrimination protections Sexual orientation and "change of sex" protections (see below)
Family rights
Recognition of
Partnership since 2004
Marriage since 2015
Adoption Stepchild and joint adoption since 2015

Lesbian, gay, bisexual and transgender (LGBT) people in Luxembourg enjoy the same rights as non-LGBT people. The country is tolerant of homosexuality, and it is largely respected and accepted. Partnerships, which grant many of the benefits of marriage, are recognised. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. A large majority of Luxembourgers support same-sex marriage. Additionally, discrimination on the basis of sexual orientation and "change of sex" is outlawed.

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was increased to 18 for same-sex sexual activity in 1971 by the addition of article 372bis to the Penal Code, which was repealed in 1992.[1]

Recognition of same-sex relationships[edit]

Partnerships have been available in Luxembourg since 2004. Partnerships, called partenariat in French and Partnerschaft in Luxembourgish and German, are based on the French PACS model. The Partnership Act which permits these unions was enacted on 1 November 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 and took effect on 1 January 2015.

Adoption and family planning[edit]

After a parliamentary vote in June 2014, a law granting full adoption rights to same-sex couples came into effect on 1 January 2015.

Additionally, lesbian couples can access IVF and medically assisted insemination treatment.

Discrimination protections[edit]

LGBT flag map of Luxembourg

Luxembourgish law prohibits discrimination (both direct and indirect) based on sexual orientation and "change of sex" (within the definition of sex) in employment, education, social security, healthcare, and the provision of goods and services.[3][4] In addition, hate crime legislation also refers to these characteristics and they are recognised as aggravating factors.[5]

Luxembourgish nationals are allowed to serve in the Armed Forces regardless of sexual orientation.

Gender identity and expression[edit]

Currently, Luxembourgish law requires transgender people to undergo surgery and sterilization in order to change their legal gender.

On 12 May 2017, the Government approved a bill to regulate the procedure of legal sex changes.[6] If enacted, an adult person would need to submit an application to the Ministry of Justice to change their legal sex. No surgery or other medical treatment would be required. Minors would be able to apply for a sex change through their legal guardians.[7][8][9] On 31 May, the bill was submitted to the Parliament,[10] and remains pending.

LGBT rights movement in Luxembourg[edit]

Luxembourg's main LGBT rights group is Pink Luxembourg (Luxembourgish: Rosa Lëtzebuerg). It was founded on 26 June 1996 and had 220 members by 2004.[11] Its aims are to promote the civil rights of LGBT people, to fight against discrimination, to work in terms of social, cultural and legal matters for full equality, and to organise social and cultural activities.[12]

Public opinion[edit]

A Eurobarometer survey published in December 2006 showed that 58% of Luxembourgers surveyed supported same-sex marriage and 39% supported adoption by same-sex couples. The EU-wide average in this survey was 44% and 33%, respectively.[13] By 2015, support had increased to 75%.[14]

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
Anti-discrimination laws concerning gender identity Yes (Under "change of sex")
Same-sex marriage Yes (Since 2015)
Recognition of same-sex couples Yes (Since 2004)
Stepchild adoption by same-sex couples Yes (Since 2015)
Joint adoption by same-sex couples Yes (Since 2015)
Gays, lesbians and bisexuals allowed to serve openly in the military Yes
Right to change legal gender Yes (Requires sterilization for change)
Access to IVF for lesbians Yes
Conversion therapy banned on minors No
Commercial surrogacy for gay male couples No (Banned regardless of sexual orientation)
MSMs allowed to donate blood No[15]

See also[edit]