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LGBT Rights in Netherlands

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal

Public opinion in Netherlands appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Netherlands Surveys

of gay or bisexual youth (age 12-25) have dealt with online bullying or harassment

History

Homosexual activity in Netherlands

?

Homosexual activity in Netherlands is legal.

Current status
Since May 5, 1945
Legal
Canadian, British, Polish, Dutch, and American troops liberated the Netherlands during WW2 on this day.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

May 15, 1940–May 5, 1945
Illegal (imprisonment as punishment)
During the German occupation of the Netherlands during World War II homosexuality was criminalized by Paragraph 175.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

1815–May 15, 1940
Legal
After liberated from the French, anti-sodomy laws were never introduced until the Nazi invasion in 1940
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
Legal
1811 French invasion invalidated anti-sodomy statutes. In 1815 the Netherlands declared its independence and did not reintroduce anti-sodomy laws.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

1730–1811
Illegal (death penalty as punishment)
Uncertain about punishments for homosexuality in the Dutch Republic.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Netherlands

?

Same-sex marriage in Netherlands is legal.

Current status
Since Apr 1, 2001
Legal
The Netherlands became the first country in the world to legalize gay marriage. The Lower Chamber voted 109 in favor on the same-sex marriage, with 33 against on September 12, 2000. On December 19, the Higher Chamber votes 'yes' on the bill. Queen Beatrix ratified the law on December 21st and it went into effect on April 1, 2001.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

1990–Apr 1, 2001
Civil unions
Before April 1st 2001, gay people could not marry, but had access to civil unions.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Netherlands

?

Censorship of LGBT Issues in Netherlands is no censorship.

Current status
No censorship
In Netherlands, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in Netherlands

?

Right to change legal gender in Netherlands is legal, but requires medical diagnosis.

Current status
Since Dec 18, 2013
Legal, but requires medical diagnosis
In a landmark ruling, the Supreme Court ruled in favour of not requiring surgery to change one's gender on official documents. It is still required to get a medical diagnosis, however.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

1985–Dec 18, 2013
Legal, but requires surgery
Dutch Civil Law provides that in order for a citizen to change their legal gender they must first undergo gender re-assignment surgery.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Netherlands

?

Legal recognition of non-binary gender in Netherlands is recognized.

Current status
Since 2018
Recognized
It has been possible to have an X on passports since 2018, but doing so required hiring an attorney and going through a costly process.

However, judges in Arnhem have ruled that a non-binary person does not have to involve an outside expert to assess whether they should be allowed to have X in their passport, rather than M or V.
Added by CartoonGeek_E  ·  0 accurate votes  ·  Report Error  ·  Log

Until 2018
Intersex only
Article 19(c) of the Civil Code establishes that “if the child’s gender is doubtful, the birth certificate will record that the sex of the child could not be determined”. After three months, a doctor may issue a medical certificate stating whether the child’s gender is impossible to determine or concluding that the newborn must be recorded under a specific gender.

LGBT discrimination in Netherlands

?

LGBT discrimination in Netherlands is illegal.

Current status
Since Feb 2023
Illegal
Sexual orientation was added as a protected category from discrimination in the constitution of the Netherlands after votes in Senate and House Of Representatives were successful. Previously the Equal Rights Act of 1993 protected sexual orientation and had been interpreted to protect gender identity, expression and sex characteristics as well.
Added by SunnyDex  ·  1 accurate vote  ·  Report Error  ·  Log

1993–Feb 2023
Illegal
Equal Rights Act of 1993 banned discrimination on the basis of sexual orientation or gender identity. Hate crimes in the Netherlands have been rising in recent years.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Netherlands

?

LGBT employment discrimination in Netherlands is sexual orientation and gender identity.

Current status
Since Jan 1, 1993
Sexual orientation and gender identity
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Netherlands

?

LGBT housing discrimination in Netherlands is sexual orientation and gender identity.

Current status
Since Jan 1, 1993
Sexual orientation and gender identity
Full discrimination protection.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Netherlands

?

Same-sex adoption in Netherlands is legal.

Current status
Since Sep 12, 2000
Legal
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in Netherlands

?

Serving openly in military in Netherlands is legal.

Current status
Since 1974
Legal
The Netherlands became the first country to allow gay soldiers to serve in the military openly.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Netherlands

?

Blood donations by MSMs in Netherlands is legal.

Current status
Since Jan 1, 2024
Legal
Since January 1st 2024, all restrictions regarding MSMs have been lifted. They now have to follow the same criteria as everyone else.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

Sep 1, 2021–Jan 1, 2024
Legal with restrictions
People who are in a monogamous same sex relationship can now donate blood without deferral.
Added by robinb  ·  1 accurate vote  ·  Report Error  ·  Log

Oct 28, 2015–Sep 1, 2021
Banned (1-year deferral)
12-month deferral for males who have sex with male
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Oct 28, 2015–Feb 1, 2019
Banned (3-month deferral)
Deferral changed from 12 months to 4 months.
Added by photosinger  ·  0 accurate votes  ·  Report Error  ·  Log

1977–Oct 28, 2015
Banned (indefinite deferral)
Date is when the United States banned gay male blood donors.
Added by bradcoffey106  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Netherlands

?

Conversion therapy in Netherlands is not banned.

Current status
Not banned
Conversion therapy is not banned in the Netherlands. It will get banned when the Cabinet is ready to make new laws. Possibly could be next country to ban it.
Sources:
trouw.nl/opinie/schiet-op-m…b18d7066/?referrer=https%3A%2F%2Fwww.google.com%2F
ecosia.org/search?q=Netherl…
Added by robinb  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Netherlands

?

Equal age of consent in Netherlands is equal.

Current status
Since 1978
Equal
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log
Unequal
Age of consent for homosexual relationships was 21 while for heterosexual relationships the age of consent was 16.
Added by bradcoffey106  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Province

View the LGBT laws in each individual province of Netherlands.