|LGBT rights in European Union|
|Same-sex sexual intercourse legal status||
Never criminalised in EU law.|
Last state criminalisation repealed in 1998.
|Military service||Allowed to serve openly in every state except Cyprus.|
|Discrimination protections||Outlawed in employment with further protections in some member states' law|
Same-sex marriage in 14/28 states|
Recognition of same-sex unions in 23/28 states
No recognition of same-sex couples in 5/28 states
|Same-sex marriage constitutional ban in 7/28 states.|
Joint adoption in 14/28 states|
Step-child adoption in 18/28 states
LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU states and discrimination in employment has been banned since 2000. However EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage and adoption by same-sex couples.
The Treaty on the Functioning of the European Union makes in Articles 10 and 19 provisions for combating discrimination on the grounds of sexual orientation. These provisions were enacted by the Treaty of Amsterdam in 1999.
Furthermore, Article 21 of the Charter of Fundamental Rights asserts that "any discrimination based on any ground such as [...] sexual orientation shall be prohibited." The Charter was agreed in 2000 and became legally binding in 2009.
Following the inclusion of the Treaty of Amsterdam's abovementioned provisions, the directive establishing a general framework for equal treatment in employment and occupation was enacted in 2000. This framework directive compelled all EU states to adopt, within three years, anti-discrimination legislation in employment. That legislation had to include provisions to protect people from discrimination on the basis of sexual orientation.
In practice, this protects EU citizens from being refused a job, or from being fired, because of their sexual orientation. It also protects them from being harassed by a colleague due to their sexual orientation. It does not cover being refused medical services or treatment, refusal of being given a double room in a hotel, protection from bullying in a school and refusal of social security schemes (e.g. survivors' pensions and financial assistance to carers). Protection under EU law in these circumstances is however granted on the grounds of race or gender.
A proposed European anti-discrimination law would outlaw discrimination in the areas of social protection, social advantages, education and access to supply of goods, on the basis of religious belief, disability, age, and sexual orientation. However the directive has been stalled in the Council, despite strong support from the European Parliament.
EU law currently takes a different approach to transgender issues. Despite the European Parliament adopting a resolution on transgender' rights as early as 1989, transgender identity is not incorporated into any EU funding and was not mentioned in the law establishing the European Institute for Gender Equality (EIGE) as sexual orientation was. However, the case law of the European Court of Justice provides some protection by interpreting discrimination on the basis of 'sex' to also refer to people who have had 'gender reassignment'. Thus all EU sex discrimination law applies to transgender people. In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity, to reflect case law on the directive.
Between 2001 and 2006, a Community Action Programme to Combat Discrimination involved the expenditure of EUR100 million to fight discrimination in a number of areas, including sexual orientation.
In 2009 the European Commission has acted to tone down a law in Lithuania that included homophobic language and also aimed to support the gay pride parade in the country and others under threat of banning.
Same-sex marriage has been legalised in Belgium, Denmark, Finland, France, Germany, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Spain, Sweden and Great Britain. In Austria, marriages will be legal from 1 January 2019. Same-sex civil unions have been legalised in Austria, Belgium, Croatia, Cyprus, Czechia, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Slovenia and the United Kingdom. In Denmark and Sweden civil unions were legal from 1989 and 1995 to 2012 and 2009, respectively. In Germany, registered life partnerships were legal between 2001 and 2017. However existing civil unions/registered life partnerships are still recognised in all of these countries.
Bulgaria, Croatia, Hungary, Latvia, Lithuania, Poland and Slovakia have constitutionally defined marriage as being between a man and a woman.
European Union law (the Citizens' Rights Directive 2004/38/EC) requires those member states that legalised same-sex partnerships to recognise each other's partnerships for the purpose of freedom of movement. The European Parliament has however approved a report calling for mutual recognition.
According to European Court of Justice case law based on the Employment Equality Framework Directive, employees in a civil partnership with a same-sex partner must be granted the same benefits as those granted to their colleagues upon their marriage, where marriage is not possible for same-sex couples. The Court established this principle in 2008 in the case of Tadao Maruko v. Versorgungsanstalt der deutschen Bühnen with regards to a German registered life partnership. In December 2013, the Court confirmed this in the case of Frédéric Hay v. Crédit agricole mutuel (C-267/12) with regards to a French civil solidarity pact, which is significantly inferior to marriage than a German registered life partnership.
Also, according to the European Court of Justice in the case of Coman and Others, by judgement of 5 June 2018, a "spouse" (or partner or any other family member) in the Free Movement Directive (2004/38/EC) includes a (foreign) same-sex spouse; member states are required to confer the right of residence on the (foreign) same-sex spouse of a citizen of the European Union.
Openly gay people are allowed to serve in the military of every country except Cyprus, however this is contrary to European law and is rarely enforced.
|LGBT rights in:||Unregistered cohabitation||Civil union||Marriage||Adoption||Anti-discrimination laws||Hate crime/speech laws|
|Austria||Yes (Since 2003)||Yes (Registered Partnership since 2010)||Yes (Court order legalises same-sex marriage from 1/1/2019)||Yes (Since 2016)||All||Yes|
|Belgium||No||Yes (Legal Cohabitation since 2000)||Yes (Since 2003)||Yes (Since 2006)||All||Yes|
|Croatia||Yes (Since 2003)||Yes (Life Partnership since 2014)||Constitutional ban||De facto step-child adoption, through partner-guardianship since 2014||All||Yes|
|Cyprus||No||Yes (Civil Cohabitation since 2015) ||No||No||All||Yes|
|Czech Republic||Yes (Since 2001)||Yes (Registered Partnership since 2006)||No||No (Step-child adoption pending)||All||No|
|Denmark||Yes (Since 1986)
|Registered Partnership from 1989 to 2012; certain partnerships are still recognised||Yes (Since 2012)||Yes (Since 2010)||All||Yes|
|Estonia||No||Yes (Cohabitation Agreement since 2016)||Recognition of marriage celebrated abroad since 2016||Step-child adoption since 2016||All||Yes|
|Finland||No||Yes (Registered Partnership since 2002)||Yes (Since 2017)||Yes (Since 2017)||All||Yes|
|France||Yes (Since 1999)||Yes (Civil Solidarity Pact since 1999)||Yes (Since 2013)||Yes (Since 2013)||All||Yes|
|Germany||No||Registered Partnership from 2001 to 2017; certain partnerships are still recognised||Yes (Since 2017)||Yes (Since 2017)||Some[vague]||No|
|Greece||No||Yes (Cohabitation agreement since 2015)||No||Same-sex couples in civil partnerships are allowed to become foster parents. LGBT individuals may adopt. ||All||Yes|
|Hungary||Yes (Since 1996)||Yes (Registered Partnership since 2009)||No (Pending)
|Ireland||Yes (Since 2011)||Civil Partnership from 2011 to 2015; certain partnerships are still recognised||Yes (since 2015)||Yes (Since 2015)||All||Yes|
|Italy||Yes (since 2016)||Yes (Civil Union since 2016)||Marriage performed abroad admitted by the Court of Cassation||Stepchild adoption admitted by the Court of Cassation||Some[vague]||No|
|Luxembourg||No||Yes (Registered Partnership since 2004)||Yes (Since 2015)||Yes (Since 2015)||All||Yes|
|Malta||Yes (Since 2017)||Yes (Civil Union since 2014)||Yes (Since 2017)||Yes (Since 2014)||All||Yes|
|Netherlands||Yes (Since 1979)||Yes (Registered Partnership since 1998)||Yes (Since 2001)||Yes||All||Yes|
|Portugal||Yes (Since 2001)||Yes||Yes (Since 2010)||Yes (Since 2016)||All||Yes|
|Slovakia||Yes (Limited rights for "close person" recognized under civil and penal law)||No||Constitutional ban||No||All||Yes|
|Slovenia||Yes (Since 2017)||Yes (Registered Partnership since 2006)||No||Step-child adoption since 2011||All||Yes|
|Spain||Yes (Since 1995)||(In 16 out of 17 regions and both autonomous cities)||Yes (Since 2005)||Yes||All||Yes|
|Sweden||Yes (Since 1988)||Registered Partnership from 1995 to 2009; certain partnerships are still recognised||Yes (Since 2009)||Yes (Since 2002)||All||Yes|
|United Kingdom (incl. British Overseas Territory of Gibraltar)||Scotland only since 2006||Yes (Civil Partnership all of UK since 2005; in Gibraltar since 2014)||Yes (Since 2014 in England & Wales, and Scotland and since 2016 in Gibraltar)
No (Northern Ireland)
|Yes (Since 2005 in England and Wales, since 2009 in Scotland, since 2013 in Northern Ireland and since 2014 in Gibraltar)||All||Yes|
|LGBT rights in:||Civil union||Marriage||Adoption||Anti-discrimination laws||Hate crime/speech laws|
Below is the share of respondents per country who agreed with the following statements in the 2015 Special Eurobarometer on discrimination. The last column is the change from the 2006 Eurobarometer where respondents were presented the slightly different statement "Homosexual marriages should be allowed throughout Europe".
|Member state||"Gay and lesbian people
should have the same rights
as heterosexual people"
|"There is nothing wrong
in a sexual relationship between
two persons of the same sex"
|"Same sex marriages should be
allowed throughout Europe"
|Change from 2006|
on last statement
Matrimony shall be a free union between a man and a woman.