By Cori Garrett

University of Wisconsin–Madison

Scandinavian countries have been global leaders in the race for social equality during the past two and half centuries, through the establishment of universal suffrage for women and the beginning of wage equality in Scandinavia prior to World War II. The granting of equality for women, the largest minority group in Scandinavia at this time, opened up the opportunity for other marginalized groups to advance their fight for universal equality. One group or community that used this time to gain momentum for their cause were individuals who identify as members of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community. Over the past 75 years in Denmark, some members of the LGBTQ community have begun to receive legal and social recognition to outwardly express their true identity, though others have met significant opposition while fighting against current laws and cultural norms preventing them to do so.  These elements are contributing factors to the slow speed of the movement; however, the movement continues to progress. The fight for sexual equality in Scandinavia, in comparison to the women’s movement, has experienced a more troubling and longer path to acceptance due to religious stigmas and social paranoia resulting from a lack of understanding and ambiguity in identifying traits found among these marginalized groups. 

Many of the issues that surround the LGBTQ movement for sexual equality often stem from the synonymous use of gender and sex, the ignorance of individuals who do not understand the difference, and the idea of a strict binary splitting of society. Gender refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women, while sex refers to the biological and physiological characteristics that are associated with a male and a female defined by the World Health Organization.1 Prior to and throughout the early 1900s these two words were used synonymously and attached with an automatic assumption of one’s preference in companionship. These misunderstandings and misrepresentations contribute to an entire population to become marginalized and these practices still continue in today’s culture of Scandinavia.

In Denmark, as early as 1683, there has been documentation of a strong anti-homosexual society. In 1683, the Sixth Book of Danish Law stated, “intercourse against nature is punished by fire and flames.”2 Later in 1866, the law was reduced to eight months to six years in prison or hard labor with a period of solitary confinement.3 These conditions were enforced until 1933, when the Danish Penal Code of 1930 was instituted which changed the legal definition of homosexuality to scientifically be that “homosexuality is a disease, not a crime.”4 The medical classification of “disease” attached to individuals who identify as homosexual or transgender means that there is a cure or solution, so individuals can be medically treated. The term transgender was not generally used at that time, though medical professionals still classified these individuals’ as diseased and curable. This medical classification of “disease” further legitimizes the claim that transgender and homosexuality is a choice, and does not occur naturally. In 1930, Lili Elbe was one of the first people in the world to successfully change genders through gender reassignment surgery. This practice is still continued today in most countries, an individual is considered cured through sterilization by removing their reproductive organs or through hormone therapy.5 This gender reassignment surgery often was seen as a way to cure individuals of their disease and to prevent further contamination of the population. Through these early legislations, the tone expressed when discussing situations of people not conforming to predetermined gender stereotypes, or gender nonconformity, were either very structured, scientific, and dehumanizing, or morally disgusted. Neither of these attitudes were very welcoming. 

Denmark’s legalization of same-sex unions in 1989 began to suppress the degrading tone expressed in the Danish Penal Code in 1933. These civil unions, or partnerships, advanced the fight for gender equality, which marked Denmark as the first country to legally recognize same-sex unions.6 Prior to the new laws in Denmark, countries such as Sweden and the Netherlands adopted cohabitation laws, while in the United States a few states approved, but later rejected or voided, marriage licenses for same-sex couples.7 Over the next decade various countries across Europe and the United States adopted similar laws following Denmark’s footsteps.8 The increasing number of countries that incorporated same-sex couple unions into law eventually led to the Netherlands legalizing same-sex marriages in 2001. Afterward, on average, one country pre year legalized same sex marriage. No Scandinavian country legalized same-sex marriage until Norway, in 2009, and Denmark followed three years later, but by 2014, with the addition of Finland, all Scandinavian countries had legalized same-sex marriage.9

Even though Danish citizens were legally able to marry, regardless of the sex of one’s partner, there were still social stigmas that surround same-sex marriages, particularly ones cultivated within religious organizations. Until 2012, Lutheran churches could deny performing marriage ceremonies of same-sex couples. However, after a law passed that year, Lutheran churches who were a part of the state were required to perform ceremonies for anyone starting on June 15th, 2012. Individual Lutheran pastors are still able to refuse to perform the ceremonies themselves, though they cannot refuse any marriage to take place on the church’s premises.10 If a pastor refuses, bishops are required to find another pastor that is willing to perform the ceremony. Still, there is negative feedback on this law because it was voted in by Parliament, not by the pastors themselves, and about one third of the pastors across Denmark said that they would refuse to perform same-sex marriage ceremonies.11 Early on, there were worries that this would cause a split between church and state, but that has yet to be seen. 

  Another stigma that surrounds same-sex couples is the thought that they should not have the right to raise a family. It is easier for lesbian couples to create a modified nuclear family through artificial insemination, where it is more difficult for gay male couples because they must adopt or have a surrogate. This further entrenches the idea of gender roles since it is a female’s sexual duty to raise children, giving lesbian couples the qualification to raise a child and implying that two men are incapable of raising a child together. Adoption of children by same-sex couples is legal in Denmark and has been since 2010, however, most often adoptions take place abroad.12 This is where the issue occurs because many ‘donor’ countries reject same-sex applicants. In July of 2014 the first adoption abroad, from South Africa, by a gay Danish couple took place, an event which was “previously almost impossible.”13 The hope is that momentum will increase in the near future and homosexual and heterosexual couples alike will have equal opportunity to adopt. 

The progress seen by same-sex couples has not been as consistent for individuals of stronger gender nonconforming identities, transgender, and queer identities. People who identify as transgender have not gained legal rights comparable to those who identify as cisgender, individuals whose gender identifies with sex assigned at birth. Cisgender individuals have received more rights than those who identify as genderqueer, individuals whose gender identity is not included in the female and male binary. While, genderqueer individuals’ rights have been basically non-existent, except for a brief period in the 1970s.14

Early on, transgender individuals were heavily affected by the medical classification of their identity, and this issue still exists today. The gender reassignment surgery that Lili Elbe went through was required for all persons wishing to switch their gender on any legal document in Denmark, the most important of these being the Centrale Person Register identification card (CPR), which is comparable to a social security number.15 These surgeries are irreversible, invasive, and the paperwork often awaits approval for months or years, prolonging the operation process for years. Transgendered individuals had to obtain a psychiatric mental disorder diagnosis of “transsexualism” prior to being granted the right to receive the operation as part of the required paperwork.16 Some doctors had gone as far as recommending against the procedure if there were “concerns of depression or the patient [was] too old.”17 Individuals also had to take into account the sterilization required as a part of the surgery denied transgender individuals the ability to be natural parents, which could have psychological implications. This was another action that further traumatized and degraded transgender individuals through medical classification. Not only did these laws attack an individual’s physical body, but also their mental stability and morale. 

Research suggests that the emotional effects and social barriers resulting from the medical physical regulations have been harder to overcome than many of the physical procedures themselves. Individuals who enjoy same-sex partnerships often classify themselves as cisgender so their legal documentation reflects their gender. Whereas, people who identify as transgender often do not have legal documents that are in agreement with their outward expression of identity and are often reminded or even outed in public that their physical sex does not match their expressed gender. John Jeanette, a transgender female, had known from a young age that she was not like other boys her age and went through life like many others in her position, hiding who she was. Even as a grown married adult, she would often dress in women’s clothes and hid them in the cellar when she was done. She knew that she was a woman in a man’s body.18 People who are transgender often have a harder time expressing who they are in public because, unlike many gay or lesbian cisgender individuals, it is unacceptable to dress as they perceive their gender to be. This fear especially accompanies transgender individuals who are not planning on having gender reassignment surgery. Without surgery or hormone therapy in Denmark, Danes’ CPR numbers are not legally able to change, forcing individuals to be officially classified inaccurately, as the last digit’s only purpose is to designate whether the individual is male or female. CPR cards are used for everything from going to the doctor to visiting the bank. When a transgender person presents their card, if their documentation has not been changed, they have to justify that they are truly the person on the card. Jacobsen, a transgender male, says, “it was the thought of what could happen that was stressful. I thought, what if I get pulled over by the police in some routine control and they don’t believe that this is my identification?”19 

Denmark passed a law in 2014 that allows any individual over 18 to declare that he or she was transgender without a medical exam or operation, however, there was a required six-month waiting period prior to the official documentation change.20 This would also allow the legal changing of the CPR number to accurately express a person’s identity. Additionally, with the advent of this law, political conversations have been started to remove the last digit completely.21 This also allowed individuals to stay in existing marriages following the legal gender change.22 This law had been viewed as a large step for Denmark and transgender rights across the globe since Denmark was the first in Europe to legally allow gender identification change without invasive medical procedures or mental diagnosis. However, while this was “clearly a positive step forward, some members of the trans community have found fault” since there was an age requirement and still a waiting period.23 This new legislation in Denmark had started a trend that is spreading to other Scandinavian countries. As of April 15th, 2015, the Norwegian government had taken similar steps, since the Norwegian Ministry of Health’s Expert Committee had advised the Norwegian government to create and approve a similar law.24

Throughout the late twentieth century and today, Scandinavia (Denmark specifically) has made significant progress in the fight for sexual equality. Homosexuality has transitioned from being a criminally based offence to a medical disease and is now currently every bit as legal as heterosexuality. While there has been much accomplished in terms of homosexual rights, transgender rights have not been improved nearly to the same extent. Today Denmark does not require invasive medical procedures for individuals to gain legal recognition for their identity, as they once did. Although there are still social stigmas attached to both groups that will be hard to change, in the near future these too will hopefully be removed. Even with the significant improvements made towards equal sexual rights there are still groups being marginalized in Denmark. Progress for some members of the LGBTQ community is never an excuse for inequality and continual marginalization of other members, leaving room for improvement in future years.  

Bibliography

“Catholic Church Not Affected by New Same-sex Marriage Law in Denmark.” Vatican Radio. Last modified June 10, 2014. http://en.radiovaticana.va/news/2014/06/10/catholic_church_not_affected_by_new_same-sex_marriage_law_/1101583.

“Denmark Becomes Europe’s Leading Country on Legal Gender Recognition.” The European Parliament Intergroup on LGBTI Rights. Last modified June 12, 2014. http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/.

Emily Tamkin, “Denmark’s New Trans Law Attracts Kudos and Criticism.” Slate. Last modified September 2, 2014. http://www.slate.com/blogs/outward/2014/09/02/denmark_s_new_trans_law_ends_sterilization_but_still_draws_criticism.html.

Emine Saner, “Europe’s Terrible Trans Rights Record: Will Denmark’s New Law Spark Change?” TheGuardian. Last modified September 1, 2014. http://www.theguardian.com/society/shortcuts/2014/sep/01/europe-terrible-trans-rights-record-denmark-new-law.

“First Gay Adoption from Abroad.” Dr.dk. Last modified July 21, 2014. http://www.dr.dk/Nyheder/Andre_sprog/English/2014/07/21/130829.htm.

“The Freedom to Marry Internationally.” Freedom to Marry. Last modified June 26, 2015. www.freedomtomarry.org/landscape/entry/c/International.

Giami, Alain. The Long Sexual Revolution: The Police and the New Gay man.” in Sexual Revolutions, edited by Peter Edelberg and Gert Hekma, 46-59. Macmillan: Palgrave, 2014. PDF ebook.

Kristin H Sunde, “A Breakthrough for Transgender People’s Rights in Norway: John Jeanette’s Journey.” Amnesty International. Last modified April 13, 2015. https://www.amnesty.org/en/latest/campaigns/2015/04/a-breakthrough-for-transgender-peoples-rights-in-norway-john-jeanettes-journey/.

“Norway’s Health Minister Promises to Improve Gender Recognition Laws.” PinkNews. Last modified June 27, 2014. http://www.pinknews.co.uk/2014/06/27/norways-health-minister-promises-to-improve-gender-recognition-laws/.

Richard Orange, “Gay Danish Couples Win Right to Marry in Church.” The Telegraph Media Group. Last modified June 7, 2012. http://www.telegraph.co.uk/news/worldnews/europe/denmark/9317447/Gay-Danish-couples-win-right-to-marry-in-church.html.

Rydström, Jens. “Women and the Laws of Same-Sex Sexuality.” Criminally Queer : Homosexuality and Criminal Law in Scandinavia 1842-1999, edited by Kati Mustola, 43. Amsterdam: Aksant, 2007. PDF e-book. 

“Same-sex Civil Unions: National Timelines.” Pink Families Healthy Proud Informed Gay Families LGBT Families. Last modified May 17, 2013. http://www.pinkfamilies.com/same-sex-civil-unions-national-timelines/.

Tom Lawson, “Denmark Becomes Second Country to Let Citizens Choose Their Gender Without Having Surgery.” Yes! Magazine. Last modified October 21, 2014. http://www.yesmagazine.org/people-power/no-surgery-required-denmark-becomes-second-country-to-let-citizens-choose-their-gender.

Von Rosen, Wilhelm. “Denmark 1866-1976: From Sodomy to Modernity.” Criminally Queer : Homosexuality and Criminal Law in Scandinavia, 1842-1999,  edited by Kati Mustola, 62. Amsterdam: Aksant, 2007. PDF e-book.

“Welcome to LGBT Denmark.” LGBT Denmark. Accessed April 14, 2015. http://lgbt.dk/english-2/.

“What Do We Mean by “sex” and “gender”?” World Health Organization. Last modified 2015. http://apps.who.int/gender/whatisgender/en/. 

“Working For a Gay-Friendly Sweden.” The Official Site of Sweden. Accessed April 10, 2015. https://sweden.se/society/working-for-a-gay-and-equal-sweden/.

 

Endnotes

1 “What Do We Mean by “sex” and “gender”?,” World Health Organization, last modified 2015, http://apps.who.int/gender/whatisgender/en/.

2 Jens Rydström, “Women and the Laws of Same-Sex Sexuality,” Criminally Queer : Homosexuality and Criminal Law in Scandinavia 1842-1999, ed. Kati Mustola, (Amsterdam: Aksant, 2007), 43, PDF e-book. 

3 Wilhelm Von Rosen, “Denmark 1866-1976: From Sodomy to Modernity.” Criminally Queer : Homosexuality and Criminal Law in Scandinavia 1842-1999, ed. Kati Mustola, (Amsterdam: Aksant, 2007), 62, PDF e-book.

4 Alain Giami, “The Long Sexual Revolution: The Police and the New Gay man,” in Sexual Revolutions, ed. Peter Edelberg and Gert Hekma, (Macmillan: Palgrave, 2014), 46-59, PDF ebook.

5 Tom Lawson, “Denmark Becomes Second Country to Let Citizens Choose Their Gender Without Having Surgery,” Yes! Magazine, last modified October 21, 2014, http://www.yesmagazine.org/people-power/no-surgery-required-denmark-becomes-second-country-to-let-citizens-choose-their-gender.

6 Ibid.

7 “Working For a Gay-Friendly Sweden,” The Official Site of Sweden., accessed April 10, 2015, https://sweden.se/society/working-for-a-gay-and-equal-sweden/.

8 “Same-sex Civil Unions: National Timelines,” Pink Families Healthy Proud Informed Gay Families LGBT Families, last modified May 17, 2013, http://www.pinkfamilies.com/same-sex-civil-unions-national-timelines/.

9 “The Freedom to Marry Internationally,” Freedom to Marry, last modified June 26, 2015, www.freedomtomarry.org/landscape/entry/c/International.

10 “Catholic Church Not Affected by New Same-sex Marriage Law in Denmark,” Vatican Radio, last modified June 10, 2014, http://en.radiovaticana.va/news/2014/06/10/catholic_church_not_affected_by_new_same-sex_marriage_law_/1101583.

11 Richard Orange, “Gay Danish Couples Win Right to Marry in Church,” The Telegraph Media Group, last modified June 7, 2012, http://www.telegraph.co.uk/news/worldnews/europe/denmark/9317447/Gay-Danish-couples-win-right-to-marry-in-church.html.

12 “First Gay Adoption from Abroad,” Dr.dk, last modified July 21, 2014, http://www.dr.dk/Nyheder/Andre_sprog/English/2014/07/21/130829.htm.

13 Ibid.

14 “Welcome to LGBT Denmark,” LGBT Denmark, accessed April 14, 2015, http://lgbt.dk/english-2/.

15 Larson, “Denmark Becomes Second Country.”

16 Ibid.

17 “Norway’s Health Minister Promises to Improve Gender Recognition Laws,” PinkNews, last modified June 27, 2014, http://www.pinknews.co.uk/2014/06/27/norways-health-minister-promises-to-improve-gender-recognition-laws/.

18 Kristin H. Sunde, “A Breakthrough for Transgender People’s Rights in Norway: John Jeanette’s Journey,” Amnesty International, last modified April 13, 2015, https://www.amnesty.org/en/latest/campaigns/2015/04/a-breakthrough-for-transgender-peoples-rights-in-norway-john-jeanettes-journey/.

19 Larson, “Denmark Becomes Second Country.”

20 Emine Saner, “Europe’s Terrible Trans Rights Record: Will Denmark’s New Law Spark Change?” TheGuardian, last modified September 1, 2014, http://www.theguardian.com/society/shortcuts/2014/sep/01/europe-terrible-trans-rights-record-denmark-new-law.

21 Ibid.

22 “Denmark Becomes Europe’s Leading Country on Legal Gender Recognition,” The European Parliament Intergroup on LGBTI Rights, last modified June 12, 2014, http://www.lgbt-ep.eu/press-releases/denmark-becomes-europes-leading-country-on-legal-gender-recognition/.

23 Emily Tamkin, “Denmark’s New Trans Law Attracts Kudos and Criticism,” Slate, last modified September 2, 2014, http://www.slate.com/blogs/outward/2014/09/02/denmark_s_new_trans_law_ends_sterilization_but_still_draws_criticism.html.

24 Sunde, “A Break Though for Transgender.”