LGBT rights in Sweden

LGBT rights in Sweden Sweden
Location of  Sweden  (dark green)

– in Europe  (light green & dark grey)
– in the European Union  (light green)  –  [Legend]

Same-sex sexual intercourse legal status Legal since 1944,
age of consent equalized in 1972
Gender identity/expression Right to change legal gender since 1972
No sterilization required since 2013
Military service LGBT people are allowed to serve openly
Discrimination protections Sexual orientation and gender identity/expression protections (see below)
Family rights
Recognition of
relationships		 Same-sex marriage since 2009
Adoption Same-sex couples are allowed to adopt children[1]

Lesbian, gay, bisexual, transgender (LGBT) rights in Sweden have been regarded as some of the most progressive in Europe and in the world.[2] Same-sex sexual activity was legalized in 1944 and the age of consent was equalized in 1972. Homosexuality was declassified as a mental illness in 1979. Sweden also became the first country in the world to allow transgender persons to change their legal gender post-sex reassignment surgery in 1972 whilst transvestism was declassified as an illness. Transgenderism was declassified as a mental illness in 2017, and legislation allowing gender change legally without hormone replacement therapy and sex reassignment surgery was passed in 2013. After allowing same-sex couples to register for partnership benefits in 1995, Sweden became the seventh country in the world to legalize same-sex marriage countrywide in 2009.[3] Discrimination on the basis of sexual orientation and gender identity and expression has been banned since 1987. Also, since 2003, gay and lesbian couples can adopt children, and lesbian couples have had equal access to IVF and assisted insemination since 2005. Sweden has been recognized as one of the most socially liberal countries in Europe and in the world, with recent polls indicating that a large majority of Swedes support LGBT rights and same-sex marriage.[4]

Law regarding same-sex sexual activity

Sweden legalised same-sex sexual activity in 1944; in that year the age of consent became 18. In 1987, in order to combat the spread of HIV, the Legislature passed a law against sex in gay saunas and against prostitution.[5] It was repealed in 2004.[6] In 1972, Sweden became the first country in the world to allow transgender people to legally change their sex, provided free hormone therapy, and an equal age of consent was set at 15. This was followed by an activist occupation of the main office of the National Board of Health and Welfare. In October 1979, Sweden joined the few other countries in the world at the time to declassify homosexuality as an illness.[7] Transgenderism was declassified as an illness in 2017.[8]

Recognition of same-sex relationships

Registered partnership

Same-sex couples in Sweden 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.[9]

As of May 2009, new registered partnerships can no longer be entered into 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 people of the same sex has been legal in Sweden after a government report published in March 2007, written by former Chancellor of Justice Hans Regner, proposing that marriage be extended to same-sex couples.[10]

The former Social Democratic Government appointed a commission to investigate the possibilities of same-sex marriages in Sweden. In 2008, the Riksdag voted on a change in the law concerning marriages. As of 2008, the parties in the Riksdag and their opinions of same-sex marriages (presented in order of size in the Riksdag):

The 2008 Swedish Cabinet Government, under whom this legislation was passed, consisted of the Moderate Party, the Centre Party, the Liberals and the Christian Democratic Party.

Party positions on same-sex marriage

Party In favour Seats in the Riksdag Government position
Social Democratic Yes 113 Leader of the Government
Green Yes 25 Coalition partner in the Government
Moderate Yes 83 Opposition
Sweden Democrats Yes1 49 Opposition
Centre Yes 22 Opposition
Left Yes 21 Opposition
Liberals Yes 19 Opposition
Christian Democrats Yes1 16 Opposition
  1. The Sweden Democrats and the Christian Democrats are in favor of state-recognized same-sex marriage, but believe that religious organisations or individuals working within them (such as priests in the Church of Sweden) should be able to refuse to perform them.[11][12]

Votes for same-sex marriage

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 on 1 April 2009.[13]

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

On 22 October 2009, the Assembly of the Church of Sweden, voted strongly in favour of giving its blessing to same-sex couples,[14] including the use of the term for marriage: äktenskap ("matrimony"). The new rules were introduced on 1 November 2009.

Final Verdict Voting members
Yes
  • 176
No
  • 62
Abstain
  • 11
Absent
  • 0

Adoption and family planning

Since 1 February 2003, LGBT people in a registered partnership/marriage have had the same Swedish adoption rights as married couples (this also includes the right of single LGBT persons to adopt). With regard to foreign adoptions, the Ministry of Justice 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 intercountry adoptions must be based on trust. This means that the limitations and terms that the countries of origin lay down must be complied with."[15]

In 2005, a new law was passed allowing lesbian couples to be treated for assisted insemination in public hospitals.[16]

Military service

LGBT people are not banned from military service. Sweden is one of few countries worldwide to explicitly allow all LGBT people to serve openly in the military.[17] Sweden was furthermore amongst the first nations in the world to allow LGBT people to serve.[18] In fact, gay men were allowed to serve even before Sweden demedicalized homosexuality in 1979.[18]

The Swedish Armed Forces states that it actively work for an environment where individuals do not feel it to be necessary to hide their sexual orientation or gender identity.[18][19] In 2015, they launched a Pride campaign featuring a soldier in uniform with the rainbow flag badget to her arm. The text's bold letters translates to "Some things you should not have to camouflage," followed by the text "Equality is an important ingredient in a democracy." "In the military, we treat each other with respect and see our differences as a strength. We are an inclusive organisation where all who serve and contribute should feel welcomed and respected".[20]

Gender identity and expression

The ability to legally change the gender marker in Sweden has been available since 1972, when Sweden became the first country in the world to allow transgender people to legally correct their gender. But this was only allowed if one met several criteria - one had to be a Swedish citizen and 18 years old, unmarried (having divorced if necessary), and have lived for two years as the opposite gender.[21] 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 Minister for Health and Social Affairs.[22] The Swedish Discrimination Ombudsman (DO) and the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights inquired about the future of the proposed new law.[23] In 2013, the requirement to be sterilized before one can legally correct one's gender and the requirement to undergo sex reassignment surgery were lifted, and are no longer part of the law.[24] Sterilization had been part of the law since 1972, and is thought to have been used on 500 transgender people.[24]

In February 2015, the Government introduced two bills. The first one allowing legal gender change without any form of psychiatric or psychological evaluation as well as the need of a diagnosis or any kind of medical intervention. The other one allowing sex reassignment surgery if the person applying for it submits a positive opinion from a psychiatrist.[25]

In March 2017, the Government announced it would compensate an estimated 800 transgender people who were forced to undergo sex reassignment surgery and be sterilized so as to have their sex legally reassigned.[26] In late March 2018, the Swedish Parliament approved the move. The compensation amount is 225,000 SEK (some 21,000 euros/27,000 U.S. dollars) per person.[27]

Discrimination protections

LGBT flag map of Sweden

The Constitution of Sweden bans discrimination on grounds of "sexual orientation".[28] In 1987, discrimination against gay men, lesbians and bisexuals 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.[29][30] Since 2002, the portal section of the Constitution bans discrimination on the 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 office of the ombudsman against discrimination on grounds of sexual orientation. 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.[31]

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 suits on their behalf, for example a successful action against a restaurant owner in Stockholm who had harassed a lesbian couple. The HomO office was key in taking a number of initiatives of its own and submitting parliamentary proposals, such as the legalisation of same-sex marriage.

On 16 May 2018, the Swedish Parliament added "transgender identity and expression" to the country's hate crime legislation, effective 1 July 2018. Sexual orientation was added in 2010.[32] That same day, the Parliament also added "transgender identity and expression" to the country's hate speech law, effective 1 January 2019.[33] Sweden's hate speech law has been criticised for being "selectively applied", as the Swedish authorities refused to prosecute a Halmstad imam, who in 2015 called homosexuality a "virus". The imam, a known jihadist and supported of ISIS, was protected by the authorities. The move was condemned by the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights, which expressed fears that his views might spread to the wider Muslim community in Sweden. Mohamed Omar, a Muslim blogger, claims that homophobia in the Swedish Muslim community is tolerated by the authorities, and that the imam's views are completely mainstream within said community.[34]

Blood donation

In the autumn of 2008, the National Board of Health and Welfare proposed that men who have sex with men (MSM) should become eligible to donate blood, but only after a six-month quarantine period after sexual intercourse. An earlier proposition in 2006 to allow MSMs to donate blood was rejected.[35] 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,[36] but the blood banks rejected the law, causing the law to be delayed until 1 October 2011 at the latest.[37] This allowed them time to adapt to the new regulations. In November 2011, all blood banks in Sweden were instructed to begin accepting donations by gay and bisexual men, provided they haven't had sex in a year.[38]

Public opinion

LGBTI Pride in Sweden. Seen in the picture is the Left Party.

According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Sweden is one of Europe's most gay-friendly countries, with extensive legislation protecting gay and lesbian rights, including anti-discrimination law and same-sex marriage legislation.[39] A 2006 European Union member poll showed 71% of Swedes supported same-sex marriage.[2] The 2015 Eurobarometer found that 90% of Swedes thought that same-sex marriage should be allowed throughout Europe, 7% were against.[40]

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. Sweden was ranked fourth with a GHI score of 73.[41]

LGBT rights movement in Sweden

The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL) holding a seminar in Rinkaby

The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (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 in the north to Malmö in the south, with over 6,000 members.[42]

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 ILGA and also collaborates with other LGBT organizations in neighboring countries.[42]

The federation operates counseling centers for both women and men in Stockholm, Gothenburg and Malmö. The counseling is intended for people who need to talk about coming out, sex, HIV/AIDS 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.[42]

Several gay pride festivals are hosted in Sweden every year. Stockholm Pride is the biggest and oldest festival, and has been organized annually since 1998. In later years, pride festivals have been arranged in Gothenburg, Malmö and Uppsala, and local pride events are also hosted in smaller communities.

Summary table

Yes/No Notes
Same-sex sexual activity
Same-sex sexual activity legal
Since 1944
Equal age of consent (15)
Since 1978
Discrimination laws
Anti-discrimination laws in employment only
Since 1987
Anti-discrimination laws in the provision of goods and services
Since 1987
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Since 1987
Anti-discrimination laws concerning gender identity
Since 2009
Hate crime law includes sexual orientation and gender identity
Since 2010 for sexual orientation and 2018 for gender identity
Same-sex unions
Same-sex marriages
Since 2009
Recognition of same-sex couples
Since 1995
Adoption and children
Stepchild adoption by same-sex couples
Since 2003
Joint adoption by same-sex couples
Since 2003
Access to IVF for lesbians and automatic parenthood for both spouses after birth
Since 2005
Commercial surrogacy for gay male couples
Illegal for heterosexual couples as well
Military service
LGBT people allowed to serve openly in the military
Since 1976
Other
Right to change legal gender
Since 1972, no sterilization since 2013
Conversion therapy banned on minors
Homosexuality declassified as an illness
Since 1979
Transgender identity declassified as an illness
Since 2017
MSMs allowed to donate blood
/
After a 1-year deferral period

See also

Notes

  1. ↑ "Sweden legalises gay adoption". BBC News. 6 June 2002. Retrieved 7 May 2010.
  2. 1 2 "Eight EU Countries Back Same-Sex Marriage". Angus Reid Global Monitor. 24 December 2006. Archived from the original on 27 February 2010. Retrieved 21 March 2009.
  3. ↑ "Sweden allows same-sex marriage". BBC. 2 April 2009. Retrieved 3 April 2009.
  4. ↑ "Same-Sex Marriage". Ipsos. 7–21 May 2013. Archived from the original on 14 March 2016.
  5. ↑ "HBT-historia". RFSL. Archived from the original on 4 June 2008. Retrieved 17 April 2009.
  6. ↑ "Ny smittskyddslag från och med 1 juli (SoU6)". Sveriges Riksdag. Retrieved 17 April 2009.
  7. ↑ Dielemans, Jennie; Quistbergh, Fredrik (2001). Motstånd. Bokförlaget DN. ISBN 978-91-7588-367-0.
  8. ↑ "Sweden to stop calling transgender people 'mentally ill'". The Local.se. 28 January 2017.
  9. ↑ Lag (1994:1117) om registrerat partnerskap
  10. ↑ "Inquiry gives green light to gay marriage". Thelocal.se. 2012-01-26. Archived from the original on 1 February 2012. Retrieved 2012-02-05.
  11. ↑ "Äktenskap" [Marriage]. kristdemokraterna.se (in Swedish). Kristdemokraterna. Retrieved 2018-03-03. Kristdemokraterna förespråkar en civilrättslig registrering som är lika för hetero- och homosexuella par. Därmed skiljer man på den rättsliga ordning som staten ska reglera och kyrkornas ceremoni. Förslaget har sin grund i förhållandet att kyrka och stat numera är åtskilda och innebär att myndighetsutövningen i detta sammanhang förbehålls staten. Rent praktiskt innebär det att alla par som vill gifta sig går till en myndighet, exempelvis skattemyndigheten, och registrerar det juridiska förbundet. Därefter inramar varje par giftermålet på det sätt som de själva önskar.
  12. ↑ Larsson, Mats J. (2017-09-10). "S och SD i hård konflikt om kyrkan" [S and SD in hard battle about the church]. DN.se (in Swedish). Dagens Nyheter. Retrieved 2018-03-03. [SD] har tidigare varit emot samkönade äktenskap, men säger sig nu acceptera den ordning som gäller i dag. Däremot vill SD att nya präster som inte vill viga homosexuella par ska få en plats i kyrkan.
  13. ↑ Gays Win Marriage Rights Archived 5 April 2009 at the Wayback Machine. Sveriges Radio English, 1 April 2009
  14. ↑ "Kyrkomötet öppnade för enkönade äktenskap". DN.SE. 2009-10-22. Archived from the original on 23 October 2009. Retrieved 2012-02-05.
  15. ↑ Government Offices of Sweden. "Homosexual partnership and adoption" Archived 19 February 2007 at the Wayback Machine.. Retrieved 6 May 2007.
  16. ↑ "Ja till lesbisk insemination". Svenska Dagbladet. 3 June 2005. Retrieved 22 March 2009.
  17. ↑ Försvarsmaktens styrdokument för Jämlikhet Archived 11 June 2011 at the Wayback Machine.
  18. 1 2 3 Sundevall, Fia, & Persson, Alma (2016). "LGBT in the Military: Policy Development in Sweden 1944–2014", Sexuality research and Social Policy, vol 13, no 2 : 119–129
  19. ↑ Swedish Armed Forces. "Our Core values". Försvarsmakten. Archived from the original on 16 May 2016. Retrieved 2016-04-27.
  20. ↑ "Swedish Army: "Some things you should not have to camouflage"". samesame. Archived from the original on 3 June 2016. Retrieved 2016-04-27.
  21. ↑ Hanna Jedvik (5 March 2007). "Lagen om könsbyte ska utredas". RFSU. Archived from the original on 12 October 2007. Retrieved 24 June 2007.
  22. ↑ TT (19 March 2007). "Kritiserat lagförslag om könsbyte". Dagens Nyheter. Retrieved 24 June 2009.
  23. ↑ Hannes Delling (13 June 2009). "Li tvingas skilja sig för att få byta kön". Svenska Dagbladet. Retrieved 24 June 2009.
  24. 1 2 Sweden ends forced sterilization of trans
  25. ↑ Swedish law proposals on legal gender recognition and gender reassignment treatment
  26. ↑ Sweden to offer compensation for transgender sterilizations Reuters
  27. ↑ © REUTERS/ Bob Strong/File Photo, SputnikNews, 24 March 2018
  28. ↑ "The Instrument of Government" (PDF), Constitution of Sweden, Art. 12. No act of law or other provision may imply the unfavourable treatment of anyone because they belong to a minority group by reason of ethnic origin, colour, or other similar circumstances or on account of their sexual orientation. |chapter= ignored (help)
  29. ↑ Swedish Code of Statutes SFS 2008:567 Discrimination Act. Published 25 June 2008, issued on 5 June 2008.
  30. ↑ "HomO Legislation Page". Homo.se. Archived from the original on 9 October 2006. Retrieved 5 February 2012.
  31. ↑ "Swedish Code of Statutes SFS 2008:567 Discrimination Act Published 25 June 2008" (PDF). Retrieved 2017-03-21.
  32. ↑ Rainbow Europe: Sweden
  33. ↑ "Sweden adopts hate crime legislation protecting trans people". RFSL. 18 May 2018.
  34. ↑ Sweden: Hate Speech Just for Imams
  35. ↑ "Förbud att ge blod kan hävas". Svenska Dagbladet. 20 August 2008. Retrieved 21 March 2009.
  36. ↑ "Sweden to end ban on gay blood donors". AFP.
  37. ↑ "Geblod.nu". Geblod.nu. Retrieved 2012-02-05.
  38. ↑ "Frågor och svar om blodgivning – förändrade regler från april 2010" (in Swedish). socialstyrelsen.se. Archived from the original on 2012-08-28.
  39. ↑ Wockner, Rex (1 June 2010). "Sweden is named Europe's most gay-friendly country". Pink Paper. Archived from the original on 16 July 2012.
  40. ↑ Special Eurobarometer 437 Archived 22 January 2016 at the Wayback Machine.
  41. ↑ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo
  42. 1 2 3 "Om RFSL in English". RFSL. Archived from the original on 18 June 2009. Retrieved 1 May 2009.
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