Subject: Re: (warning long) RE: GAY RIGHTS LAWS in Foreign Countries
From: Lars Markhus <[email-masked]>
To: [email-masked]
Date: Tue, 18 Jun 1991 14:08:27 +0200

>Thank you for sending such detailed info on the state of gay/lesbian rights in
>Denmark! What about gay/lesbian rights in Norway and Sweden?

The pamphlet wasn't too helpful there I admit, but I'll have a go at it now.

Until 1972 Norway had a law which prohibited sexual acts between homosexual 
men, but not women!  (Lesbians didn't exist in the eyes of the law at that
time.)  The law was last used some time in the late 1960's.  
According to someone at DNF-48 the law was mainly
used in cases that involved acts between a man and a younger (under aged)
man/boy.  It treated sexual acts with an underaged differently for 
homosexuals as opposed to heterosexuals.  The law lay dormant for several 
years until 1972 when it was removed by parliament.

That was the last law which prohibited homosexuality in Norway.

Today, there are only two laws which directly concerns gays and lesbians, and 
they are supposed to protect gays and lesbians against discrimination.

The following is my translation of the laws which I had someone at DNF-48
dig up for me.

Paragraph 135a of the penal-law: "The anti-discrimination law"
--------------------------------
"1) 	With fines or prison up to 2 years will the one who by speech or other
means publicize or by other means spread among the public, threatens, 
mocks or subjects to hate, persecutes or demeans,
a person or group of persons for their religion, race, skin color or 
national or ethnic origins.  The same applies to such acts as mentioned 
above that are brought against a person or group of persons
because of their homosexual inclination, way of life or orientation.
	In the same manner will the one who aids or assists such an act
be punished as mentioned in the first part.

( 1) 	Added by law of 5 june 1970, altered by law 8 may 1981 nr. 14. 
	compare paragraph 349a.) "

Paragraph 349a of the penal-law:
--------------------------------
"1)	With fines or prison up to 6 months will the one be punished who
for the sake of profit or similar activity, on the grounds of a persons
religion, race, skin color or national or ethnic origin denies him gods or
services on the same conditions as applies to others.  In the same way 
will the one be punished who in such activity denies a person gods or
services as mentioned on the grounds of his homosexual inclination, 
way of life or orientation.
	In the same way will the one be punished who for the reasons as 
mentioned in the first part, denies a person access to a public performance
or show or other public gatherings on the same terms as others.
	In the same manner will be punished the one who aids or in other 
ways assists in an act as mentioned in the first or second part.

( (1 	Added by law 5 june 1970 nr. 34, altered by law 8 may 1981 nr. 14 -
	compare paragraph 135a.) "

Those are the only two laws which specifically concerns gays and lesbians.
However there are still rules and regulations in the public and private
sector which discriminate homosexual cohabitants as opposed to heterosexual
cohabitants.  The individual is protected by the above laws in the same
way as others.

In Norway heterosexuals are considered (or may consider themselves) as 
cohabitants after having lived together at the same address for more than
2 years.  That is, having been registered in the "Peoples register" 
(Folkeregisteret) for 2 years or more at the same adress, but this
doesn't apply to homosexual cohabitants.  
(This does apply to homosexual cohabitants in Sweden, in some 
respects: state supplied housing etc.)  

Examples of discrimination:

* Insurance companies: don't recognize homosexual cohabitants as such.
This means that homosexual cohabitants can't take out life- and pension-
insurance on the same terms as married couples and heterosexual cohabitants.

* Airlines: Give special rebates on equal terms to married couples and
heterosexual cohabitants, but don't recognize homosexuals as cohabitants.

* Taxation class: gay- or hetro-cohabitants don't receive the tax advantages
married couples receive.

So as you see the problem now lies in attaining the same privileges as
married couples and cohabitants.  The individual is protected by law.

Norwegian Armed Forces:
-----------------------
Norway has conscription for all men.  
Every man above the age of 18 have to do their national service, unless
he is exempted for medical reasons or for religious reasons etc.
Approx 2/3 of the male population do their national service in the armed 
forces.
Until 2 or 3 years ago homosexual men could be exempted from service
in the armed forces, and would then probably be transferred to do some
service in the public sector.  At that time it was decided politically
that homosexuality was not going to be a (sole) reason for
exemption.  It didn't seem as though this was met with opposition, if any,
from the military.  And now the military sponsores the issuing of 
The Pink Book, a pamphlet telling the gay-conscript how to tackle
difficulties he may meet in his service.

In terms of security clearances one doesn't deny homosexuals a clearance 
on grounds of their sexuality, however this would probably be subject 
to whether he or she was open or not.

>Why is it taking so long for these other Scandinavian countries to pass
>equivalent domestic partnership and gay rights laws? Is there virulent 
>opposition, or is it just the general inertia of getting things changed in 
>a democratic way?

In Norway the case now lies with the government which for this period
is a Labourparty (Arbeiderpartiet) government.  The Labourparty has
taken the decision to accept some form of a partnership law for homosexuals,
but they are not alone, so to speak.  For years and years, it seems, we
have had different minority governments, or coalition governments,
because of the number of different parties in Norway that are 
represented in the parliament.  A coalition government always consists
of either the Conservative party or the Labour party, with one or more 
of the smaller parties thrown in.

We have, for the time being, 6 parties in parliament.
Their breakdown in percentages are, as of the election in 1989:
                                                     percent:
Socialist Left      (Sosialistisk venstreparti, SV)    10.1
Labour Party        (Arbeiderpartiet, Ap)              34.3
Center party        (Senterpartiet, Sp)                 6.5 
                       (a farmers-/districts-party)
Christian Democrats (Kristelig folkeparti)              8.5
Concervative party  (Hoyre, H)                         22.2

Liberals            (Fremskrittspartiet, Frp)          13.0 

Those parties that support a partnership-law are the Socialist left and
Labour party.

The Conservative party, is more or less opposed to the original proposal, but
recommend that it be considered further and in conjunction with an upcoming
discussion in parliament on the laws and regulations governing marriage,
cohabitation and family life in general.  They are not totally against a gay- 
partnership law, but would rather forget about it than deal with it.

The most anti gay-partnership-law party is the Christian Democrats, who
claim that such a law would deteriorate the status of the marriage and
thereby would lead to a deterioration of society in general, and especially
with respect to the care and security of children in the marriage.
They support the anti discriminatory law which includes homosexuals, but
they don't condone homosexual practice.
They are the closest we have to a "Moral majority", except that they are
in fact a minority.  Luckily!
(As another aside.  The previous government was a coalition between the 
Conservative party, the Center party and the Christian Democrats.
The Christian Democrats had one of their MP's as the minister of education
and church affairs.  He and his party tried to pass a regulation to the 
schools that required teachers NOT to teach that there is a difference
between the biblical idea of Creation and sciences view.
How they were supposed to do that I don't know, but at any rate it caused
an UPROAR in the schools and newspapers and the idea was soon dropped.
The very same minister, Stensnes, was also given the title of HOMOPHOBE OF
THE YEAR.  Well earned, I think.  What a nerd, excuse the expression.)

The Liberals have decided to leave the party whip at home and have freed 
their MP's to decide for themselves, so there we'll get some support.

>Do you think they WILL have equivalent gay-positive laws in the Scandinavian,
>and even the other European, countries soon? 

Yes and no!
Norway and Sweden will probably get one in a few years.  A partnership law, 
that is.  And certainly one will soon follow the other as soon as one of
the two manage to accept such a law.  But, as always, I'll believe it when
I see it and not before.

The rest of Europe.  Great Britain obviously still has a long way to go.
Public opinion will have to be given time to change.  They are very 
conservative in such matters.  They've probably had too many sex-scandals
involving MP's -- just to be nasty.
I'm now moving onto thin ice, I don't really know much about gay rights
in other european countries, but it is clear that the further south you
move in Europe the less likely such a law would be.  This has to do with
the Catholic church being more dominant in the south.
The European Common market also includes politics on 
civil rights, and it will be interesting to see how this effects gay
rights in the EEC as Denmark and other countries will press for them.
Lets hope Norway decides to join soon.  We will eventually since Sweden
is now heading full-steam into the EEC, Norway will most likely follow, but
it will take time.
What about countries such as Turkey and Greece?  I don't know.
Turkey is islamic and you can guess for your self, they even have problems
in keeping out of Amnesty International's lists.

                      --------------- O ----------------

This concludes my situation report as of today.
If I start writing I do have problems in stopping, but you did ask
questions that were all-encompassing.  Never the less, I've just finnished
my spring term here so I have a few days to fill before I start on my 
summerjob.

So long ...
 ... Lars		--- [email-masked]