LGBT rights in Greenland

Lesbian, gay, bisexual, transgender (LGBT) rights in Greenland are relatively similar to those in Denmark. Same-sex sexual activity is legal, with an equal age of consent, and there are some anti-discrimination laws protecting LGBT people. Same-sex couples have had access to registered partnerships, which provided them with nearly all of the rights provided to married opposite-sex couples, from 1996 to 2016. On 1 April 2016, a law repealing the registered partnership act and allowing for same-sex marriages to be performed came into effect.[1]

Location of Greenland
StatusLegal since 1933,
age of consent equalized in 1977 (Danish law)
Gender identityNo current laws
MilitaryLGBT people allowed to serve openly
Discrimination protectionsSome sexual orientation protections (see below)
Family rights
Recognition of relationshipsSame-sex marriage since 2016
AdoptionFull adoption rights since 2016

In 1979, Denmark granted Greenland home rule and in 2009 extended self-government, although it still influences the island's culture and politics. Greenland is considered to be very socially liberal towards LGBT people. Acceptance of homosexuality and same-sex relationships is very high, and reports of discrimination against LGBT people are extremely rare. Nonetheless, due to Greenland's small and scattered population, many Greenlandic LGBT people have moved to Copenhagen in Denmark.[2]

Law regarding same-sex sexual activity

As is the case with Denmark, same-sex sexual activity is not a crime.[3] It was legalized by Denmark in 1933, and the age of consent was equalized in 1977 at 15, two years prior to home rule.

Recognition of same-sex relationships

Greenland adopted Denmark's registered partnership law on 1 July 1996.[4] There was some opposition to registered partnerships from clergy and conservative lawmakers, who later chose to abstain from voting. The bill was passed in the Greenlandic Parliament 15–0 with 12 abstentions, and later by the Danish Parliament 104–1.[2] The first same-sex couple to register did so in 2002.[2] Registered partnerships are called nalunaarsukkamik inooqatigiinneq in Greenlandic.

In March 2015, MP Justus Hansen, from the Democrats, introduced a bill to legalise same-sex marriage in Greenland, which also included adoption rights and other changes to Greenlandic family law. The bill was approved unanimously (27-0) by the Parliament of Greenland on 26 May 2015, but required Danish approval before coming into effect. Initially, the bill was to come into effect on 1 October 2015, but lapsed due to the Danish general elections in June 2015. The parliamentary procedure therefore had to start over and the new Venstre Government put an identical bill on the agenda for its first reading on 5 November 2015.[5] On 19 January 2016, the Folketing (Danish Parliament) approved the proposal 108-0 and the bill was given royal assent by Queen Margrethe II on 3 February 2016. The parts of the law relating to marriage went into effect on 1 April 2016.

Same-sex marriage became legal on 1 April 2016.[6][7] Application in Greenland of the registered partnership law was repealed the day the new marriage law took effect.

Adoption and family planning

Same-sex couples in registered partnerships have been permitted to adopt their stepchildren since 1 June 2009.[8] A law regarding in vitro fertilization (IVF) for female couples was approved in 2006. The parts of the same-sex marriage law allowing same-sex couples to adopt children jointly went into effect on 1 July 2016.[9]

Discrimination protections

Since 2010, Greenland has outlawed hate speech and provided penalty enhancements to hate crimes motivated by sexual orientation.[3] Article 100 of the Criminal Code prohibits speech which may deprive, threaten or demean individuals on the basis of their sexual orientation, among other categories.[10]

Greenland possesses no anti-discrimination laws in employment, goods and services, health services or education. Danish anti-discrimination laws do not apply to Greenland. Greenland's only anti-discrimination law is Act no. 3 of November 29, 2013 on equality between men and women (Greenlandic: Angutit arnallu naligiissitaanissaat pillugu Inatsisartut inatsisaat nr. 3, 29. november 2013-meersoq; Danish: Inatsisartutlov nr. 3 af 29. november 2013 om ligestilling af mænd og kvinder) which bans gender-based discrimination only.[11]

The Human Rights Council of Greenland, funded by the state budget, promotes and protects human rights in Greenland. It is commissioned to participate in the strengthening and consolidation of human rights, and works closely with the Danish Institute for Human Rights.[12]

Other than taking a case to court or referring to the Greenlandic Ombudsman, no national complaints procedure exists in which one can bring forth legal complaints of discrimination.[13] Nevertheless, incidents of discrimination based on sexual orientation are rare.[2]

LGBT rights movement in Greenland

Due to the small and scattered population, there is virtually no gay scene in Greenland. Some nightclubs and bars in the capital Nuuk have a mixed gay and straight crowd. Many Greenlandic LGBT people have moved to Nuuk or Sisimiut, or Copenhagen in Denmark. There was an LGBT rights organization called "Qaamaneq" (Light) from 2002 to 2007 which organized social and cultural events.[14] The organization was reestablished in 2014 as LGBT Qaamaneq.[15] LGBT activist Hajlmar Dahl states that homophobia is more prevalent in smaller remote communities.

GlobalGayz describes Greenland as a model for LGBT rights; "as for gay marriage, Greenland was distinct among almost every other country in the world. The issue caused virtually no one's heart to skip a beat. Other countries that now allow gay marriage experienced dramtic demonstrations, resistance and delay, even in Denmark. In Greenland, there were no demands in the streets for marriage equality, no lengthy advocacy, very little governmental debate and virtually no media coverage. Indeed, one native said "gay rights have come from the work of straight people"." The legalisation of registered partnerships in 1996 and same-sex marriage in 2016 fueled very little opposition and stirred little to no debate.[16]

On 15 May 2010, Greenland held its first pride parade in Nuuk.[17][18][19] It was attended by about 1,000 people.[2]

Summary table

Same-sex sexual activity legal (Since 1933)
Equal age of consent (15) (Since 1977)
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in hate speech (Since 2010)[20]
Anti-discrimination laws concerning gender identity
Same-sex marriage(s) (Since 2016)
Recognition of same-sex couples (Since 1996)
Stepchild adoption by same-sex couples (Since 2009)
Joint adoption by same-sex couples (Since 2016)
LGBT people allowed to serve in the military (Since 1978; responsibility of the Danish Defence)
Right to change legal gender
Access to IVF for lesbian couples (Since 2006)
Commercial surrogacy for gay male couples (Illegal for heterosexual couples also)
MSMs allowed to donate blood

See also

References

  1. "Vielse af homoseksuelle". Government of Greenland (in Danish). Retrieved 2 July 2020.
  2. "Gay Greenland--Past and Present - GlobalGayz". www.globalgayz.com. Retrieved 27 May 2018.
  3. "Gay Greenland News & Reports". 8 June 2009. Archived from the original on 8 June 2009. Retrieved 27 May 2018.
  4. Yuval Merin (2010). Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States. University of Chicago Press. p. 67. ISBN 978-0-226-52033-9.
  5. "Kalender". Folketinget. Archived from the original on 4 March 2016. Retrieved 27 May 2018.
  6. Dam, Camilla (1 April 2016). "Første homoseksuelle par viet i kirken". Greenlandic Broadcasting Corporation (in Danish). Archived from the original on 2 April 2016. Retrieved 3 April 2016.
  7. Williams, Joe (1 April 2016). "Same sex couples can now officially marry in Greenland". PinkNews. Archived from the original on 2 April 2016. Retrieved 2 April 2016.
  8. "Anordning om ikrafttræden for Grønland af lov om ændring af lov om registreret partnerskab m.v." (PDF).
  9. "*". Folketinget.
  10. "Bekendtgørelse af kriminallov for Grønland" (PDF). KamikPosten.gl (in Danish). 7 September 2017.
  11. "Angutit arnallu naligiissitaanissaat pillugu Inatsisartut inatsisaat nr. 3, 29. november 2013-meersoq". Inatsisartut (in Kalaallisut).
  12. "Denmark". Archived from the original on 7 March 2017. Retrieved 27 May 2018.
  13. "Universal Periodic Review of Denmark, 24th session of the UN Human Rights Council 2016" (PDF). Retrieved 27 May 2018.
  14. "Denmark - GlobalGayz". www.globalgayz.com. Retrieved 27 May 2018.
  15. "Ny landsforening for lesbiske, bøsser, bisexuelle og transkønnede". Greenlandic Broadcasting Corporation, 18 August 2014.
  16. Ammon, Richard. "Gay Greenland-Past and Present". GlobalGayz. Retrieved 2 July 2020.
  17. "Nuuk: 1st Gay Pride parade on 15 May". Sikunews. Archived from the original on 22 July 2012. Retrieved 19 January 2011.
  18. "Nuuk's Gay Pride parade a success". Sikunews. Archived from the original on 16 July 2011. Retrieved 19 January 2011.
  19. Allen, Dan. "WorldWatch: Greenland's First Gay Pride | Gay & Lesbian Travel Guides". Trip Out Gay Travel. Retrieved 19 January 2011.
  20. "Archived copy" (PDF). Archived from the original (PDF) on 19 July 2013. Retrieved 17 October 2016.CS1 maint: archived copy as title (link)
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