LGBT rights in Luxembourg

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? Legal since 1794,
equal age of consent
Gender identity/expression With sterilization
Military service Gays and lesbians allowed to serve openly
Discrimination protections Sexual orientation protections (see below)
Family rights
Recognition of
relationships		 Registered partnership since 2004
Same-sex marriage since 2015
Adoption Step-child and Joint adoption since 2015

Luxembourg is generally tolerant of homosexuality, and it is largely respected and accepted. Civil unions, which grant many of the benefits of marriage, are recognised. The parliament of Luxembourg passed a law enabling same sex marriage and adoption rights in June 2014 and took effect on 1 January 2015.

Law regarding same-sex sexual activity

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increased to 18 for same-sex sexual activity in 1971 by the addition of article 372bis to the Penal Code, which was repealed in 1992.[1]

Gender identity/expression

Right to change legal gender requires sterilisation.

Recognition of same-sex relationships

Civil unions have been available in Luxembourg since 2004. Civil unions are called partenariat enregistré (French: registered partnership) and are based on the French PACS model. The Partnership Act which permitted 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

See also: LGBT parenting

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

However, for lesbian couples, they can get access to IVF and medically assisted insemination treatment.

Discrimination protections

There are anti-discrimination laws on the basis of sexual orientation, but only in employment and the provision of goods and services. Hate crime legislation does not refer to sexual orientation or gender identity, and sexual orientation or gender identity are not recognised as aggravating factors for hate crime. Luxembourg nationals are allowed to serve in the armed forces regardless of sexual orientation.

LGBT rights movement in Luxembourg

The umbrella organisation dealing with homosexual and bisexual issues is Rosa Lëtzebuerg (Luxembourgish: Pink Luxembourg). This charity was founded on 26 June 1996 and had 220 members by 2004.[3] Its aims are to promote the civil rights of homosexuals and bisexuals and to fight against discrimination against them, to work in terms of social, cultural and legal matters for full equality of homosexuals and bisexuals, and to organise social and cultural activities that are in favour of homosexuals and bisexuals.[4]

Public opinion

A Eurobarometer survey published in December 2006 showed that 58% of Luxembourgers surveyed support same-sex marriage and 39% support adoption by same-sex couples. The EU-wide average in this survey was 44% and 33%, respectively.[5]

Summary table

Same-sex sexual activity legal (Since 1794)
Equal age of consent (Except between 1971–1992)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage (Since 2015)
Recognition of same-sex couples (Since 2004)
Step-child adoption by same-sex couples (Since 2015)
Joint adoption by same-sex couples (Since 2015)
Gays and lesbians allowed to serve openly in the military
Right to change legal gender Requires sterilization for change
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood[6]

See also

References

  1. ↑ Rapport du Groupe européen d'Experts dans le domaine de la Lutte contre la Discrimination fondée sur l’Orientation sexuelle
  2. ↑ Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats
  3. ↑ Rosa Lëtzebuerg a.s.b.l.
  4. ↑ (French) Présentation de l'association
  5. ↑ Eight EU Countries Back Same-Sex Marriage
  6. ↑ http://www.sanquin.nl/bloed-geven/bloeddonor-worden/aanmeldingsprocedure/bloed-wordt-getest/hiv/risicofactoren-mannen/
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