LGBTQ Legal Status
The history of LGBT rights in Belgium follows a unique trajectory compared to its neighbors. Unlike Germany or Austria, Belgium did not have a long history of harsh criminalization in the 19th and 20th centuries. Instead, it was an early adopter of decriminalization (thanks to Napoleon), followed by a quiet period, and then a rapid explosion of progressive rights in the early 2000s that made it the second country in the world to legalize same-sex marriage.
Here is the historical overview of the legalization of homosexuality and gay rights in Belgium.
Phase I: The Napoleonic Legacy (1795–1965)
Belgium's legal foundation regarding homosexuality is rooted in the French Revolution. When France annexed the territory that is now Belgium, it brought with it the French Penal Code of 1791.
1795 (Decriminalization): The French Penal Code is applied to Belgian territory, decriminalizing sodomy. Unlike in the UK or Germany, private sexual acts between consenting adults were no longer a crime.
1867: After gaining independence, Belgium enacts its own Penal Code. It maintains the French tradition: homosexuality remains legal, and the age of consent is equal for all citizens (set at 16).
Phase II: The "Hidden" Era & Discrimination (1965–1985)
While homosexuality was technically legal, the mid-20th century saw a cultural backlash. The government introduced a specific law to "protect youth," which effectively criminalized relationships between young adults and older partners only if they were gay.
1965: Parliament passes Article 372bis. This law introduces a discriminatory age of consent. While heterosexuals could consent at 16, the age of consent for homosexual acts is raised to 18.
1960s–1980s: Police frequently used "public indecency" laws to raid gay bars and saunas, despite the legality of the acts themselves.
Phase III: The "Purple" Revolution (1985–2003)
This period marks the dismantling of discriminatory laws and the beginning of legal recognition. The pace accelerated significantly in 1999 with the election of the "Purple Government" (a coalition of Liberals, Socialists, and Greens) which made gay rights a priority.
1985: Article 372bis is repealed. The discriminatory age of consent is removed, returning it to 16 for everyone.
1998: The Statutory Cohabitation Act (cohabitation légale / wettelijke samenwoning) is passed (effective Jan 1, 2000). It gives cohabiting couples (including same-sex) limited legal rights, such as shared tax benefits and inheritance rights, though less than marriage.
2003 (February): The Anti-Discrimination Act is passed, making it illegal to discriminate on the basis of sexual orientation in employment, housing, and goods and services.
2003 (June): Same-sex Marriage Legalized. Belgium becomes the second country in the world (after the Netherlands) to legalize same-sex marriage.
Note: Initially, this did not include the right to adopt children.
Phase IV: Full Equality & Modern Protections (2006–Present)
After marriage was secured, the government moved quickly to fill the remaining legal gaps regarding parenting, medical rights, and gender identity.
2006: Adoption Rights. The law is amended to allow same-sex couples to adopt children jointly (previously only step-child adoption was allowed).
2007: IVF Access. Access to medically assisted procreation is legally solidified for lesbian couples and single women.
2011: Elio Di Rupo becomes Prime Minister. Belgium becomes the first modern country to have an openly gay male head of government.
2018: A new Transgender Law comes into effect. It removes the requirement for sterilization and medical diagnosis to change one's legal gender markers. It becomes a process of self-determination.
2023: Conversion Therapy Ban. Parliament passes a law banning "conversion practices" (attempts to change a person's sexual orientation or gender identity) for both minors and adults.
Historical Timeline
1795: Decriminalization of homosexuality (under French rule).
1965: Discriminatory age of consent (18 for gays vs 16 for straights) introduced.
1985: Discriminatory age of consent repealed (Equalized at 16).
2000: Statutory Cohabitation (Civil Unions) comes into effect.
2003: Same-sex Marriage legalized (2nd in the world).
2003: Anti-discrimination protections enacted.
2006: Full joint adoption rights legalized.
2011: Elio Di Rupo becomes the first openly gay male Prime Minister.
2018: Self-ID law for transgender people (sterilization requirement removed).
2023: Conversion therapy banned nationwide.
