LGBT rights in Europe
Encyclopedia
Lesbian, gay, bisexual, transgender (LGBT) 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. It is widely believed that the LGBT community enjoy far greater acceptance, rights, protections and happiness in Europe (specifically The EU) than anywhere else in the world.
, Rome
and pagan Celtic societies, after Christianity became the official religion of the Roman Empire, severe laws against homosexual behavior appeared. An edict by the Emperor
Theodosius I
in 390 condemned all "passive" homosexual men to death by public burning. This was followed by the Corpus Juris Civilis
of Justinian I
in 529, which prescribed public castration
and execution for all who committed homosexual acts, both active and passive partners alike. Justinian's law code then served as the basis for most European countries' laws against homosexuals for the next 1400 years. Homosexual behavior, called sodomy
, was considered a capital crime, and thousands of homosexual men were executed across Europe during waves of persecution
in these centuries. Lesbians were less often singled out for punishment, but they also suffered persecution and execution from time to time.
Since the foundation of Poland
in 966, Polish law has never defined homosexuality as a crime. Forty years after Poland lost its independence
in 1795, the sodomy laws of Russia, Prussia
, and Austria
came into force in occupied Polish territory. Poland regained its independence in 1918 and abandoned the laws of the occupying powers. In 1932, Poland codified the equal age of consent for homosexuals and heterosexuals at 15.
During the French Revolution
, the French National Assembly
rewrote the criminal code in 1791, omitting all reference to homosexuality
. During the Napoleonic wars
, homosexuality was decriminalised in territories coming under French control, such as the Netherlands and many of the pre-unification German states, however in Germany this ended with the unification of the country under the Prussian Kaiser
, as Prussia
had long punished homosexuality harshly. On 6 August 1942, the Vichy government made homosexual relations with anyone under twenty-one illegal as part of its conservative agenda. Most Vichy legislation was repealed after the war– but the anti-gay Vichy law remained on the books for four decades until it was finally repealed in August 1982 when the age of consent (15) was again made the same for heterosexual as well as homosexual partners.
Nevertheless, gay men and lesbians continued to live closeted
lives, since moral and social disapproval
by heterosexual society remained strong in France and across Europe for another two decades, until the modern gay rights
movement
began in 1969.
Various countries under dictatorship
s in the 20th century were very anti-homosexual, such as in Nazi Germany, and in Spain
under Francisco Franco
's regime. In contrast, after Poland regained independence after World War I, it went on in 1932 to become the first country in 20th century Europe to decriminalise homosexual activity, followed by Denmark
in 1933, Iceland
in 1940, Switzerland
in 1942 and Sweden
in 1944.
In 1979, a number of people in Sweden 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 remove homosexuality as an illness. In 1989, Denmark
was the first country in Europe, and the world, to introduce registered partnerships for same-sex couples. In 2001 a next step was made, when the Netherlands opened civil marriage for same-sex couples, which made it the first country in the world to do so. Since then, six other European states followed (Belgium in 2003, Spain in 2005, Norway and Sweden in 2009 and Portugal and Iceland in 2010).
On 22 October 2009, the assembly of the Church of Sweden
, voted strongly in favour of giving its blessing to homosexual couples, including the use of the term marriage, ("matrimony"). The new law was introduced on 1 November 2009.
Both Ireland
and the Isle of Man
allows civil partnerships since 2011. Liechtenstein
also legalized registered partnership by 68 percent of voters via a referendum
in 2011.
The UK Crown territory of Jersey
have on 12 July 2011 approved civil partnerships and is currently awaiting royal assent
.
, showed majorities in every Western European nation said homosexuality should be accepted by society, while most Russians, Poles and Ukrainians disagreed. In 2006 a recent Eurobarometer
poll surveying up to 30,000 people from each European Union country, showed split opinion around the 27 member states on the issue of same sex marriage. The majority of support came from the Netherlands (82%), Sweden (71%), Denmark (69%), Belgium (62%), Luxembourg (58%), Spain (56%), Germany (52%) and Czech Republic (52%). All other countries within the EU had below 50% support; with Romania (11%), Latvia (12%), Cyprus (14%), Bulgaria (15%), Greece (15%), Lithuania (17%), Poland (17%) Hungary (18%) and Malta (18%) at the other end of the list. Same sex adoption had majority support from only two countries: Netherlands at 69% and Sweden at 51% and the least support from Poland and Malta on 7% respectively.
A more recent survey carried out in October 2008 by The Observer
affirmed that the majority of Britons – 55% – support gay marriage. Other polls show that the majority of the Irish public support civil unions and gay adoption, 51% and 50%, respectively. France has support for same sex marriage at 62%, and Russian
at 14%. Italy has support for the 'Civil Partnership Law' between gays at 45% with 47% opposed. In 2009 58.9% of Italians supported civil unions, while 40.4 supported same-sex marriage. In 2010, 63.9% of Greeks supported same-sex partnerships, while 38.5% supported same-sex marriage.
According to pollster Gallup Europe: women, younger generations, and the highly educated are more likely to support same-sex marriage and adoption rights for gay people.
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....
are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples. It is widely believed that the LGBT community enjoy far greater acceptance, rights, protections and happiness in Europe (specifically The EU) than anywhere else in the world.
History
Although same-sex relationships were quite common in ancient GreeceHomosexuality in ancient Greece
In classical antiquity, writers such as Herodotus, Plato, Xenophon, Athenaeus and many others explored aspects of same-sex love in ancient Greece. The most widespread and socially significant form of same-sex sexual relations in ancient Greece was between adult men and pubescent or adolescent boys,...
, Rome
Homosexuality in Ancient Rome
Same-sex attitudes and behaviors in ancient Rome often differ markedly from those of the contemporary West. Latin lacks words that would precisely translate "homosexual" and "heterosexual." The primary dichotomy of ancient Roman sexuality was active/dominant/masculine and...
and pagan Celtic societies, after Christianity became the official religion of the Roman Empire, severe laws against homosexual behavior appeared. An edict by the Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
Theodosius I
Theodosius I
Theodosius I , also known as Theodosius the Great, was Roman Emperor from 379 to 395. Theodosius was the last emperor to rule over both the eastern and the western halves of the Roman Empire. During his reign, the Goths secured control of Illyricum after the Gothic War, establishing their homeland...
in 390 condemned all "passive" homosexual men to death by public burning. This was followed by the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
of Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
in 529, which prescribed public castration
Castration
Castration is any action, surgical, chemical, or otherwise, by which a male loses the functions of the testicles or a female loses the functions of the ovaries.-Humans:...
and execution for all who committed homosexual acts, both active and passive partners alike. Justinian's law code then served as the basis for most European countries' laws against homosexuals for the next 1400 years. Homosexual behavior, called sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
, was considered a capital crime, and thousands of homosexual men were executed across Europe during waves of persecution
Violence against gays, lesbians, bisexuals, and the transgendered
Persecution of homosexuals may occur either via legislation prohibiting homosexual acts, or by ad hoc intimidation, mobbing, assault or lynching motivated by homophobia ....
in these centuries. Lesbians were less often singled out for punishment, but they also suffered persecution and execution from time to time.
Since the foundation of Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
in 966, Polish law has never defined homosexuality as a crime. Forty years after Poland lost its independence
Partitions of Poland
The Partitions of Poland or Partitions of the Polish–Lithuanian Commonwealth took place in the second half of the 18th century and ended the existence of the Polish–Lithuanian Commonwealth, resulting in the elimination of sovereign Poland for 123 years...
in 1795, the sodomy laws of Russia, Prussia
Kingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
, and Austria
Austrian Empire
The Austrian Empire was a modern era successor empire, which was centered on what is today's Austria and which officially lasted from 1804 to 1867. It was followed by the Empire of Austria-Hungary, whose proclamation was a diplomatic move that elevated Hungary's status within the Austrian Empire...
came into force in occupied Polish territory. Poland regained its independence in 1918 and abandoned the laws of the occupying powers. In 1932, Poland codified the equal age of consent for homosexuals and heterosexuals at 15.
During the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
, the French National Assembly
National Assembly (French Revolution)
During the French Revolution, the National Assembly , which existed from June 17 to July 9, 1789, was a transitional body between the Estates-General and the National Constituent Assembly.-Background:...
rewrote the criminal code in 1791, omitting all reference to 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...
. During the Napoleonic wars
Napoleonic Wars
The Napoleonic Wars were a series of wars declared against Napoleon's French Empire by opposing coalitions that ran from 1803 to 1815. As a continuation of the wars sparked by the French Revolution of 1789, they revolutionised European armies and played out on an unprecedented scale, mainly due to...
, homosexuality was decriminalised in territories coming under French control, such as the Netherlands and many of the pre-unification German states, however in Germany this ended with the unification of the country under the Prussian Kaiser
Kaiser
Kaiser is the German title meaning "Emperor", with Kaiserin being the female equivalent, "Empress". Like the Russian Czar it is directly derived from the Latin Emperors' title of Caesar, which in turn is derived from the personal name of a branch of the gens Julia, to which Gaius Julius Caesar,...
, as Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
had long punished homosexuality harshly. On 6 August 1942, the Vichy government made homosexual relations with anyone under twenty-one illegal as part of its conservative agenda. Most Vichy legislation was repealed after the war– but the anti-gay Vichy law remained on the books for four decades until it was finally repealed in August 1982 when the age of consent (15) was again made the same for heterosexual as well as homosexual partners.
Nevertheless, gay men and lesbians continued to live closeted
The Closet
The Closet may refer to:* The Closet , Chinese film* The Closet , French film* The closet, referring to undisclosed homosexuality- See also :* Closet* Closet * In the closet...
lives, since moral and social disapproval
Societal attitudes towards homosexuality
Societal attitudes toward homosexuality vary greatly in different cultures and different historical periods, as do attitudes toward sexual desire, activity and relationships in general. All cultures have their own values regarding appropriate and inappropriate sexuality; some sanction same-sex love...
by heterosexual society remained strong in France and across Europe for another two decades, until the modern gay rights
LGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
movement
Gay Liberation
Gay liberation is the name used to describe the lesbian, gay, bisexual and transgender movement of the late 1960s and early to mid 1970s in North America, Western Europe, and Australia and New Zealand...
began in 1969.
Various countries under dictatorship
Dictatorship
A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
s in the 20th century were very anti-homosexual, such as in Nazi Germany, and in Spain
Gay rights in Spain
The rights of lesbians, gays, bisexuals, and transgendered persons in Spain have undergone several drastic changes in recent decades. Today Spain provides one of the highest degrees of liberty in the world for its LGBT community. However, this was not the case for much of Spain's history...
under Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
's regime. In contrast, after Poland regained independence after World War I, it went on in 1932 to become the first country in 20th century Europe to decriminalise homosexual activity, followed by Denmark
Gay rights in Denmark
Lesbian, gay, bisexual, transgender rights in Denmark are generally extensive, and Danish society is very tolerant of homosexuality.-Law regarding same-sex sexual activity:...
in 1933, Iceland
Gay rights in Iceland
LGBT rights in Iceland include the legalization of marriage and adoption for same-sex couples. 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 parliament amended the marriage law on 11 June...
in 1940, Switzerland
Gay rights in Switzerland
In Switzerland, the rights of individuals have traditionally had a high priority. At the same time, privacy is regarded as a fundamental asset. There is a strong contrast between cities and the countryside in public discourse about LGBT rights in Switzerland...
in 1942 and Sweden
Gay rights in Sweden
Sweden became the first country in the world to remove homosexuality as an illness and is considered to be one of the most gay-friendly countries in Europe and the world when it comes to laws surrounding homosexuality. Due to the strong sense of secularism dominating in most of the country and...
in 1944.
In 1979, a number of people in Sweden 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 remove homosexuality as an illness. In 1989, Denmark
Civil unions in Denmark
Registered partnerships in Denmark were created by a law enacted on June 7, 1989, the world's first such law, and came into force on October 1, 1989. It was extended to Greenland in 1996 and later amended in 1999. Registered partnerships have almost all the same qualities as marriage...
was the first country in Europe, and the world, to introduce registered partnerships for same-sex couples. In 2001 a next step was made, when the Netherlands opened civil marriage for same-sex couples, which made it the first country in the world to do so. Since then, six other European states followed (Belgium in 2003, Spain in 2005, Norway and Sweden in 2009 and Portugal and Iceland in 2010).
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 marriage, ("matrimony"). The new law was introduced on 1 November 2009.
Recent developments
In 2010, Portugal and Iceland became the sixth and seventh European countries to adopt same-sex marriage legislation. There is also a strong possibility politically in 2011 or 2012 that same-sex marriage will become legal in the United Kingdom, Luxembourg and Finland.Both Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
and the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
allows civil partnerships since 2011. Liechtenstein
Liechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
also legalized registered partnership by 68 percent of voters via a referendum
Liechtenstein registered partnership referendum, 2011
A referendum on approving the registered partnership law was held in Liechtenstein from 17 June to 19 June 2011. The registered partnership law was approved by 68.8 percent of voters and went into effect on 1 September 2011.-Background:...
in 2011.
The UK Crown territory of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
have on 12 July 2011 approved civil partnerships and is currently awaiting royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
Public opinion around Europe
In a 2002 Pew Global Attitudes Project surveyed by the Pew Research CenterPew Research Center
The Pew Research Center is an American think tank organization based in Washington, D.C. that provides information on issues, attitudes and trends shaping the United States and the world. The Center and its projects receive funding from The Pew Charitable Trusts. In 1990, Donald S...
, showed majorities in every Western European nation said homosexuality should be accepted by society, while most Russians, Poles and Ukrainians disagreed. In 2006 a recent Eurobarometer
Eurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...
poll surveying up to 30,000 people from each European Union country, showed split opinion around the 27 member states on the issue of same sex marriage. The majority of support came from the Netherlands (82%), Sweden (71%), Denmark (69%), Belgium (62%), Luxembourg (58%), Spain (56%), Germany (52%) and Czech Republic (52%). All other countries within the EU had below 50% support; with Romania (11%), Latvia (12%), Cyprus (14%), Bulgaria (15%), Greece (15%), Lithuania (17%), Poland (17%) Hungary (18%) and Malta (18%) at the other end of the list. Same sex adoption had majority support from only two countries: Netherlands at 69% and Sweden at 51% and the least support from Poland and Malta on 7% respectively.
A more recent survey carried out in October 2008 by The Observer
The Observer
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
affirmed that the majority of Britons – 55% – support gay marriage. Other polls show that the majority of the Irish public support civil unions and gay adoption, 51% and 50%, respectively. France has support for same sex marriage at 62%, and Russian
Russian
Russian refers to anything related to Russia, including:*Russians , an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries...
at 14%. Italy has support for the 'Civil Partnership Law' between gays at 45% with 47% opposed. In 2009 58.9% of Italians supported civil unions, while 40.4 supported same-sex marriage. In 2010, 63.9% of Greeks supported same-sex partnerships, while 38.5% supported same-sex marriage.
According to pollster Gallup Europe: women, younger generations, and the highly educated are more likely to support same-sex marriage and adoption rights for gay people.
See also
- Recognition of same-sex unions in Europe
- LGBT rights in AfricaLGBT rights in AfricaLesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...
- LGBT rights in OceaniaLGBT rights in OceaniaOceania is, like other continents, quite diverse in its laws regarding homosexuality. This ranges from significant rights granted to the LGBT community in e.g. Australia and New Zealand to remaining criminal penalties for homosexual activity in e.g. Kiribati and Nauru.-References:...
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
External links
- Other laws on homosexuality in Europe
- FRAEuropean Fundamental Rights AgencyThe European Union Agency for Fundamental Rights is a Vienna-based agency of the European Union inaugurated on 1 March 2007...
report "Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States" Part I – Legal Analysis, 2008; Part II – Social Situation, 2009; Comparative legal analysis, 2010 - Gunther, Scott. "The Elastic Closet: A History of Homosexuality in France, 1942–present" Book about the history of homosexual movements in France (sample chapter available online). New York: Palgrave-Macmillan, 2009. ISBN 023022105X
- Article 18 of the Polish Constitution
- Article 38 of the Lithuanian Constitution
- Chronological overviews of the main legislative steps in the process of legal recognition of homosexuality in European countries. http://www.law.leidenuniv.nl/org/onderzoeksinstituut/medewerkers/waaldijkc.html
- LBGT Rights Lesbian Gay Bisexual and Transgender Rights before the European Court of Justice
- http://www.cafebabel.co.uk/article/33659/day-homophobia-lithuania-european-union-summary.html Article: What has the EU done for LGBT Rights?