Gay rights in Sweden
Encyclopedia
Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

 became the first country in the world to remove homosexuality as an illness and is considered to be one of the most gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....

-friendly countries in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

 and the world when it comes to laws surrounding homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

. Due to the strong sense of secularism
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...

 dominating in most of the country and government
Government of Sweden
The Government of the Kingdom of Sweden is the supreme executive authority of Sweden. It consists of the Prime Minister and cabinet ministers appointed by the Prime Minister. The Government is responsible for their actions to the Riksdag, which is the legislative assembly...

, Sweden today is seen as a campaigner of gay rights. The Swedish parliament
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

 voted to make same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

s fully legal from 1 May 2009, with the votes 261 to 22, with the 22 votes representing some, but not all, members of the Christian Democrats.

Law regarding same-sex sexual activity

Sweden legalised same-sex sexual activity in 1944; in that year the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

 became 18. In 1987, a law against sex in gay saunas
Gay bathhouse
Gay bathhouses, also known as gay saunas or steam baths, are commercial bathhouses for men to have sex with other men. In gay slang in some regions these venues are also known colloquially as "the baths" or "the tubs," and should not be confused with public bathing.Not all men who visit gay...

 and prostitution was passed to mitigate the spread of HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...

. It was repealed in 2004. In 1972, Sweden became the first country in the world to allow transsexuals to legally change their sex, and provides free hormone therapy, equal age of consent set at 15. In 1979, a number of people called in sick with a case of "being homosexual," in protest of homosexuality being classified as an illness. This was followed by an activist occupation of the main office of the National Board of Health and Welfare. Within a few months, Sweden became the first country in the world to de-classify homosexuality as an illness. Transvestism was declassified as an illness in 2008.

Registered partnership

Same-sex couples had the right to register their partnerships from 1995 onwards. These partnerships had all the rights of marriages except "as provided by sections 3–4" of the law. As well, all provisions of a statute or any other legislation related to marriage or spouses apply to registered partnerships and partners, except as under sections 3–4.

, new registered partnerships are not being accepted - due to the legalization of same-sex marriage. The status of existing partnerships remains unaltered, except that they can be changed to marriage status under the law if desired.

Same-sex marriage

Effective 1 May 2009, marriage between two persons of the same sex has been legal in Sweden after a government report published in March 2007, written by former Chancellor of Justice
Chancellor of Justice
In some countries, the Chancellor of Justice is a government official responsible for supervising the lawfulness of government actions. The Chancellor does not have the power to strike down laws In some countries, the Chancellor of Justice is a government official responsible for supervising the...

 Hans Regner, proposing that marriage be extended to same-sex couples.

The former Social Democratic
Swedish Social Democratic Party
The Swedish Social Democratic Workers' Party, , contesting elections as 'the Workers' Party – the Social Democrats' , or sometimes referred to just as 'the Social Democrats' and most commonly as Sossarna ; is the oldest and largest political party in Sweden. The party was founded in 1889...

 government appointed a commission to investigate the possibilities of same-sex marriages in Sweden. In 2008, the Riksdag
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

 voted on a change in the law concerning marriages. As of 2008, the parties in the Riksdag
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

 and their opinions of same-sex marriages (presented in order of size in the Riksdag):

The current Swedish cabinet government, under whom this legislation was passed, consists of the Moderate Party
Moderate Party
The Moderate Party is a centre-right, liberal conservative political party in Sweden. The party was founded in 1904 as the General Electoral League by a group of conservatives in the Swedish parliament...

, the Centre Party, the Liberal People's Party
Liberal People's Party (Sweden)
The Liberal People's Party is a political party in Sweden. The party advocates social liberalism and is part of the governing centre-right coalition The Alliance, which achieved a majority in the general election of 17 September 2006...

 & the Christian Democratic Party.
Party In favour Seats in the Riksdag
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

Position
Yes 130 Opposition
Yes 97 Leader of the government
Yes 29 Coalition partner in the government
Yes 28 Coalition partner in the government
No 24 Coalition partner in the government
Yes 22 Opposition
Yes 19 Opposition

Votes for same-sex marriage

  • Parliament of Sweden
    Parliament of Sweden
    The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

     (Civil marriage
    Civil marriage
    Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...

    s, 349 seats)

Final Verdict Members of Parliament
Yes
  • 261
No
  • 22
  • Abstain
  • 16
  • Absent
  • 50

    • Church of Sweden
      Elections to the Church Assembly, 2005
      Elections were held to the Church Assembly , i.e. the "parliament" of the Church of Sweden on September 18, 2005. Simultaneously elections were held to diocese and parish assemblies all over the country....

       (Wedding
      Wedding
      A wedding is the ceremony in which two people are united in marriage or a similar institution. Wedding traditions and customs vary greatly between cultures, ethnic groups, religions, countries, and social classes...

      s, 249 seats)>
    Final Verdict Voting members
    Yes
  • 176
  • No
  • 62
  • Abstain
  • 11
  • Absent
  • 0

    • Sweden has officially recognized same-sex marriages since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament
      Parliament of Sweden
      The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...

       on 1 April 2009,

    • On 22 October 2009, the assembly of the Church of Sweden
      Church of Sweden
      The Church of Sweden is the largest Christian church in Sweden. The church professes the Lutheran faith and is a member of the Porvoo Communion. With 6,589,769 baptized members, it is the largest Lutheran church in the world, although combined, there are more Lutherans in the member churches of...

      , voted strongly in favour of giving its blessing to homosexual couples, including the use of the term for marriage: äktenskap ("matrimony"). The new law was introduced on 1 November 2009.

    Adoption and family planning

    Since 1 February 2003 LGBT people in a registered partnership/marriage have had the same Swedish adoption
    Adoption
    Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...

     rights as married couples (this also includes the right of single LGBT persons to adopt). With regard to foreign adoptions, the Ministry of Justice
    Ministry of Justice (Sweden)
    The Ministry of Justice is a Cabinet level ministry in the Government of Sweden with responsibility for legislation. The ministry is responsible for the Swedish legal system in Constitution and general administrative law, civil law, procedural law and criminal law...

     states: "As regards adoption from abroad, it is important that we are sensitive and aware that those countries with which Sweden cooperates often hold a different view on homosexual people and homosexual parenthood. Cooperation regarding inter-country adoptions must be based on trust. This means that the limitations and terms that the countries of origin lay down must be complied with."

    In 2005, a new law was passed allowing lesbian couples to be treated for assisted insemination
    Artificial insemination
    Artificial insemination, or AI, is the process by which sperm is placed into the reproductive tract of a female for the purpose of impregnating the female by using means other than sexual intercourse or natural insemination...

     in public hospitals.

    Military service

    Homosexuals are not banned from military service. The Swedish Armed Forces
    Swedish Armed Forces
    The Swedish Armed Forces is a Swedish Government Agency responsible for the operation of the armed forces of the Realm. The primary task of the agency is to train, organize and to deploy military forces, domestically and abroad, while maintaining the long-term ability to defend the Realm in the...

     actively work for an environment where LGBT persons do not feel it to be necessary to hide their orientation.

    Transgender rights

    The possibility to change legal gender in Sweden, either through full surgery or partial surgery and hormonal treatment, has been available since 1972 provided one meets several criteria. One has to be a Swedish citizen and 18 years old, unmarried, sterilized and having lived for two years as the opposite gender. The law was re-evaluated in 2007, proposing removals of the requirements to be a Swedish citizen, unmarried and sterilized, and presented to the Christian Democrat
    Christian Democrats (Sweden)
    The Christian Democrats ) is a political party in Sweden. The party was founded in 1964 but did not enter parliament until 1985 in an electoral cooperation with the Centre Party and on the Christian Democrats' own accord in 1991. The leader since April 3, 2004 is Göran Hägglund. He succeeded Alf...

     minister for Health and Social Affairs.
    The Swedish Discrimination Ombudsman (DO) and the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights
    Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights
    Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights is a Swedish organization working for LGBT rights.It was founded in 1950, which makes it one of the oldest LGBT rights organizations in the world...

     have inquired about the future of the proposed new law. According to the Department for Health and Social Affairs the proposal is still being evaluated, but is considered too flawed to be the basis of a new law.

    Discrimination protections

    The Swedish Constitution bans discrimination on grounds of "sexual orientation". In 1987 discrimination against gay men and lesbians was included in the section of the penal code which deals with discrimination on grounds of race, etc. In 2008 Transgender Identity or expression was added to a new unified discrimination code which came into force 1 January 2009. Since 2002 the portal section of the constitution bans discrimination on grounds of sexual orientation.

    Until 2009 the Swedish Ombudsman against Discrimination on Grounds of Sexual Orientation (Ombudsmannen mot diskriminering på grund av sexuell läggning), normally referred to as HomO, was the Swedish
    Sweden
    Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

     office of the ombudsman
    Ombudsman
    An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...

     against discrimination
    Discrimination
    Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

     on grounds of sexual orientation
    Sexual orientation
    Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

    . The Ombudsman against Discrimination on grounds of Sexual Orientation ceased to exist on 1 January 2009; the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Discrimination Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act.

    The term HomO was used both to refer to the office and the title of its government-appointed acting head; the last HomO was Hans Ytterberg. The HomO investigated grievances of individuals and files class action
    Class action
    In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...

     suits on their behalf, for example a successful action against a restaurant owner in Stockholm
    Stockholm
    Stockholm is the capital and the largest city of Sweden and constitutes the most populated urban area in Scandinavia. Stockholm is the most populous city in Sweden, with a population of 851,155 in the municipality , 1.37 million in the urban area , and around 2.1 million in the metropolitan area...

     who had harassed a lesbian
    Lesbian
    Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...

     couple. The HomO office was key in taking a number of initiatives of its own and submitting parliamentary proposals, such as the gender neutral marriage
    Same-sex marriage
    Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

     act.

    Blood donation issues

    In the Autumn of 2008, the National Board of Health and Welfare proposed that men who have sex with men
    Men who have sex with men
    Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...

     should become eligible to donate blood
    Blood donation
    A blood donation occurs when a person voluntarily has blood drawn and used for transfusions or made into medications by a process called fractionation....

    , but only after a six month quarantine period after sexual intercourse. An earlier proposition in 2006 to allow MSMs to donate blood was rejected. From 1 March 2010, men who have sex with men were supposed to be allowed to donate blood, after one year of abstaining from sex, but the blood banks rejected the law, causing the law to be delayed until 1 October 2011 at least.

    Public opinion

    Sweden is generally very gay-friendly with a whole raft of legislation protecting gay and lesbian rights including anti-discrimination law and a Gender neutral Marriage legislation (Same-sex marriage is allowed). A 2006 European Union
    European Union
    The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

     member poll showed 71% of Swedes support same sex marriage.

    LGBT rights movement in Sweden

    The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights
    Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights
    Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights is a Swedish organization working for LGBT rights.It was founded in 1950, which makes it one of the oldest LGBT rights organizations in the world...

     (RFSL), one of the world’s oldest LGBT organizations, originated in October 1950 as a Swedish branch of The Danish Federation of 1948. In April 1952 RFSL adopted its current name and declared itself as an independent organization. It currently has 28 branches throughout Sweden, from Piteå
    Piteå
    Piteå is a locality and the seat of Piteå Municipality in Norrbotten County, Sweden. The town has 22,650 inhabitants out of a municipal total of 41,000 in 2008.- Geography :...

     in the north to Malmö
    Malmö
    Malmö , in the southernmost province of Scania, is the third most populous city in Sweden, after Stockholm and Gothenburg.Malmö is the seat of Malmö Municipality and the capital of Skåne County...

     in the south, with over 6,000 members.

    RFSL works for LGBT people through political lobbying, the dissemination of information, and the organization of social and support activities. Internationally, RFSL works with the International Lesbian and Gay Association
    International Lesbian and Gay Association
    The International Lesbian, Gay, Bisexual, Trans and Intersex Association is an international organization bringing together more than 750 LGBTI groups from around the world. It continues to be active in campaigning for LGBT rights on the international human rights and civil rights scene and...

     (ILGA) and also collaborates with other LGBT organizations in neighboring countries.

    The federation operates counseling centers for both women and men in Stockholm
    Stockholm
    Stockholm is the capital and the largest city of Sweden and constitutes the most populated urban area in Scandinavia. Stockholm is the most populous city in Sweden, with a population of 851,155 in the municipality , 1.37 million in the urban area , and around 2.1 million in the metropolitan area...

    , Gothenburg
    Gothenburg
    Gothenburg is the second-largest city in Sweden and the fifth-largest in the Nordic countries. Situated on the west coast of Sweden, the city proper has a population of 519,399, with 549,839 in the urban area and total of 937,015 inhabitants in the metropolitan area...

     and Malmö
    Malmö
    Malmö , in the southernmost province of Scania, is the third most populous city in Sweden, after Stockholm and Gothenburg.Malmö is the seat of Malmö Municipality and the capital of Skåne County...

    . The counseling is intended for people who need to talk about coming out, sex, HIV
    HIV
    Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...

    /AIDS
    AIDS
    Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...

     and other health issues, and relationships, as well as those who need assistance in their contact with the authorities and healthcare institutions, or who require legal assistance with, for example, asylum and wills.

    Several gay-pride
    Gay pride
    LGBT pride or gay pride is the concept that lesbian, gay, bisexual, and transgender people should be proud of their sexual orientation and gender identity...

     festivals are hosted in Sweden every year. Stockholm Pride
    Stockholm Pride
    Stockholm Pride is an annual gay pride festival held in Stockholm, the capital of Sweden. Since the start in 1998, Stockholm Pride has grown....

     is the biggest and oldest festival, and has been organized annually since 1998. In later years, pride festivals have been arranged in Gothenburg
    Gothenburg
    Gothenburg is the second-largest city in Sweden and the fifth-largest in the Nordic countries. Situated on the west coast of Sweden, the city proper has a population of 519,399, with 549,839 in the urban area and total of 937,015 inhabitants in the metropolitan area...

    , Malmö
    Malmö
    Malmö , in the southernmost province of Scania, is the third most populous city in Sweden, after Stockholm and Gothenburg.Malmö is the seat of Malmö Municipality and the capital of Skåne County...

     and Uppsala
    Uppsala
    - Economy :Today Uppsala is well established in medical research and recognized for its leading position in biotechnology.*Abbott Medical Optics *GE Healthcare*Pfizer *Phadia, an offshoot of Pharmacia*Fresenius*Q-Med...

    , and local pride events are hosted in smaller communities.

    Summary table

    Same-sex sexual activity made legal
    since 1 July 1944
    Right to change legal gender
    since 1 July 1972
    Gays allowed to serve in the military
    since 1 July 1976
    Equal age of consent
    since 1 July 1978
    Homosexuality declassified as an illness
    since 1 July 1979
    Transvestism declassified as an illness
    since 1 January 2009
    Anti-discrimination laws in all areas, (including hate speech)
    since 1 July 1987
    Anti-discrimination laws on transgender identity or expression
    since 1 January 2009
    Recognition of same-sex unions
    since 1 January 1988
    Same-sex marriage
    Same-sex marriage
    Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

    since 1 May 2009
    Both joint- and step-adoption by same-sex couples
    since 1 February 2003
    Access to IVF for lesbians
    since 1 July 2005
    MSM
    Men who have sex with men
    Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual...

    s allowed to donate blood
    (The National Board of Health has proposed a 1-year deferral, but the blood banks propose delay until 1 October 2011 at the earliest)

    See also

    • Politics of Sweden
      Politics of Sweden
      Politics of Sweden takes place in a framework of a parliamentary representative democratic constitutional monarchy. Executive power is exercised by the government, led by the Prime Minister of Sweden. Legislative power is vested in both the government and parliament, elected within a multi-party...

    • LGBT rights in Europe
      LGBT rights in Europe
      Lesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...

    • Same-sex marriage in Sweden
      Same-sex marriage in Sweden
      Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide...


    External links

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