LGBT rights in the Netherlands

The Netherlands is known for its liberal policies on personal matters such as sexual orientation. The public widely supports LGBT people and provides tolerance and equal rights, although conservative Christians and Muslim immigrants tend to be more conservative in their beliefs about gender and sexual norms.

History pre-1980s
Sodomy was a capital crime and a crackdown on sodomy was started in 1730, during which hundreds of people were executed for homosexuality. Homosexual relations between consenting adults in private were first legalized in 1811 when France invaded and installed the Napoleonic Code. After the Dutch received independence in 1813 no new sodomy law was enacted. However in 1911 the ruling Christian-based political parties enacted "article 248bis" that raised the age of consent for homosexuality to 21, while the age of consent for heterosexuality remained at 16. Along with the unequal age of consent were various laws against "public indecency" that were often used against gay men.

In response to this new law, a Dutch chapter of the Scientific Humanitarian Committee was organized under the leadership of Jacob Schorer. The organization was shut down by the German Nazis during the Second World War, and the German law that prohibited homosexuality, Paragraph 175 was introduced into Dutch law. The Dutch LGBT rights movement was revived in 1945 when the Center for Culture and Recreation was created in the Hague by Niek Engelschman which published the "Right To Live" publication (Levensrecht).

In the late 1940s into the 1960s several Dutch psychiatrists and clergy began to see homosexuality as a minor mental illness. During the Sexual revolution of the 1960s, this relatively more open-minded point of view resulted in a less repressive attitude towards homosexuality and the legalization of adultery, Abortion, and pornography. prostitution was legalized in 1993. In 1971, Article 248bis was repealed and in 1973 Dutch mental health institutions stopped treating homosexuality as an illness and the military lifted its ban on homosexuals. More Dutch LGBT people started to "come out", gay publications such as "Gay Krant" started to be published and the liberal and left-wing Dutch political parties started to support LGBT rights as part of an overall support of social tolerance and liberalism.

1980s &mdash; present
The AIDS-HIV pandemic prompted most Dutch LGBT people to change their sexual habits to practice safe sex, and comprehensive sexual education was introduced into the public schools that resulted in a low rate of infection. In 1993 the Dutch parliament enacted the "Equal Rights Law" that included sexual orientation as a category that was not grounds for discrimination. In 1998 the Dutch parliament granted same-sex couples domestic partnership benefits and in 2001 the government granted legal recognition to same-sex marriage. The Netherlands was the first nation in the world to do so.

Isolated verbal and physical attacks on LGBT people tend to come from the socially conservative leadership of the Muslim community and their followers   (more than 5% of the population ). Political leaders of the conservative Christian parties (accounting for another 5%) oppose gay-rights legislation, however, they do recognise the gay community, and they are all opposed to discrimination of LGBT's. Furthermore, the ChristenUnie (ChristenUnion), who, together with the CDA and PvdA forms the fourth Balkenende cabinet, doesn't want to reverse the same-sex marriage law (while in the Balkenende IV cabinet), for they recognise it as something that has a large social basis, and thus 'a given fact'. They remain, however, against the same-sex marriage. For the Netherlands, it is a conservative point of view, but compared with other Christian parties in the world, it is rather progressive.

The two autonomous overseas territories within the Kingdom of the Netherlands, Aruba and the Netherlands Antilles, reject the Netherlands' liberal legislation regarding sexual orientation, and have not legalized same-sex marriages. However, the Dutch Supreme Court in 2007 declared that all marriages contracted in the different parts of the Kingdom of the Netherlands should be accepted in the other parts of the Kingdom as well, forcing Aruba to recognize same-sex marriages concluded in the Netherlands. This does not mean however that Aruba or the Netherlands Antilles are bound to introduce laws legalizing same-sex marriages to be concluded within their countries, since the constituent countries of the Kingdom have separate private law (see Same-sex marriage in Aruba).

While homosexual sexual relations between consenting adults in private are legal, most of the people in the island territories affiliate with the socially conservative Roman Catholic Church. As a result, many Antillians and Arubans do not support LGBT rights.

Recent history
In 2002 Dutch Red Cross Society started to participate in the annual gay pride festival to promote AIDS-HIV education.

In 2005 American journalist Chris Crain and his boyfriend were the victims of a gay-bashing while in the Netherlands by two men described as having "Moroccan features".

In 2005 the Dutch government started allowing married same-sex couples to adopt children from overseas.

In 2005 Aruba, a constituent country of the Kingdom of the Netherlands, refused to recognize same-sex marriages, although it has legalized homosexual relations between consenting adults in private. In 2007, the Dutch Supreme Court declared that all marriages contracted in the different parts of the Kingdom of the Netherlands should be accepted in the other parts of the Kingdom as well, forcing Aruba to recognize same-sex marriages (see Same-sex marriage in Aruba).

In 2006 the Dutch government acted to deport several Iranian LGBT immigrants who claimed that they would be killed if they were sent back, but after protests from the Dutch population, the government let them stay.

A recent 2006 European Union member poll showed the Dutch to be the strongest supporters of same-sex marriage at 82%.

LGBT community
The Netherlands is a popular destination for gay tourism especially Amsterdam where an LGBT gay pride festival occurs in mid-August. Several gay-owned or gay-friendly hotels, nightclubs and cafes operate in the city.

References/ sources

 * Netherlands LGBT Rights History


 * COC Netherlands


 * De Gay Krant