Important Improvements in Gay and Lesbian Rights in Iceland

08/08/2006
Submitted by ILGA-Europe

By Hrafnhildur Gunnarsdottir, 12 June 2006

On the 2nd of June, Icelandic parliamentarians – the ancient Althing – approved several laws aiming to improve the legal status of gays and lesbians in Iceland. Most importantly, changes to the statutes on confirmed cohabitation from 1996 now grant full rights to adoption and assisted pregnancies. Confirmed cohabitation now in effect grants the full legal rights of marriage. Same-sex cohabitants also gain the right to register their cohabitation with the authorities without full confirmation or marriage – a right which opposite-sex couples have enjoyed for many years already. Though quite advanced on gay and lesbian rights, Iceland had lagged a bit behind in recent years. The country has now stepped back among the leading nations to guarantee marriage and family rights to gays and lesbians. The new laws will take effect on Christopher Street Day, June 27, and celebrations are planned in Reykjavik.

Samtokin ’78, the National Organization of Lesbians and Gay Men in Iceland, was founded in 1978, at a time when prejudice and discrimination forced many gays and lesbians to immigrate abroad. The success of the new organization was nothing short of remarkable. In just a few years, it managed to set up an extensive dialog, the media came out in support gay rights and fighting prejudice became a family issue among the Icelanders where family connections are still strong in a population of only 300,000. The first milestone victory on the legal front came in 1996 with the passing of laws on confirmed cohabitation, but even so, gays and lesbians were still barred from adopting or seeking assisted pregnancies in Iceland's free public hospitals.

Adoption and Assisted Pregnancies
Further amendments in 2000 permitted stepchild-adoption for those in confirmed cohabitation, a move intended to strengthen the legal rights of such children. These restrictions have now been removed altogether, granting full and free adoption rights to same-sex couples in confirmed cohabitation. Furthermore, lesbian couples in confirmed cohabitation have the right to assisted pregnancies within the public health system. Also, under the new law, couples who do not want to take the full step to confirm cohabitation can now nonetheless register cohabitation with the authorities as opposite-sex couple have done for years – an important step in Iceland as it involves the right to seek common taxation. As far as family law is concerned, all discrimination against gays and lesbians has now been removed in Iceland.

Struggling with the Church of Iceland
In Iceland, both civil officials and ministers of churches and religious movements have the authority to join people in legal marriage, as is also the case in other Nordic countries. However, only civil officials can legally confirm the cohabitation of same-sex couples. Gays now seek legislation to change this but parliament could not agree, mostly because of opposition from the Lutheran state church which is itself divided on the issue. This does not in any way limit the legal rights of same-sex couples but the right to have their union confirmed by their church is important to many. The struggle will not end until churches and religious groups have the authority to join gay and lesbian couples, blessing their union and granting full legal rights at the same time.

The Successful Fight for Gay and Lesbian Rights in Iceland
In only thirty years, attitudes to gays and lesbians have been totally transformed in Iceland. International polls now show that more people in Iceland support gay and lesbian rights than in other countries, excepting Sweden and the Netherlands. Gay bashing is a thing of the past, the children of gays and lesbians enjoy full social security and workplace harassment has become rare. On the second weekend of August each year, gays and lesbians take to the streets in Reykjavik in a Gay Pride Parade which draws 40,000 people, a full third of the entire population of the Icelandic capital showing their support for human rights and equality for all.


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