Luxembourg

The history of LGBT rights in Luxembourg is a story of quiet, steady progress. Unlike many other nations where rights were won through loud court battles, Luxembourg's path has been defined by political consensus, culminating in the country having the world's first openly gay Prime Minister to marry while in office.

Here is the historical overview of the legalization of homosexuality and gay rights in Luxembourg.

Phase I: The Napoleonic Code & Decriminalization (1794–1970)
Like Belgium and France, Luxembourg’s legal foundation rests on the Napoleonic Code, which meant sodomy was decriminalized relatively early compared to neighbors like Germany.

1794: Luxembourg (then under French rule) adopts the French Penal Code of 1791. Homosexuality is decriminalized.

1810: The 1810 Napoleonic Penal Code confirms the legality of private same-sex acts between consenting adults.

1971: While homosexuality remained legal, the government introduced a discriminatory age of consent. Article 372 of the Penal Code set the age of consent for same-sex acts at 18, while for heterosexual acts it was 16.

Phase II: Equalization & Civil Unions (1990–2010)
As Luxembourg modernized its economy and society in the late 20th century, it moved to remove the last vestiges of discrimination and recognize diverse families.

1992: Age of Consent Equalized. The discriminatory provision (Article 372) is repealed. The age of consent becomes 16 for everyone, regardless of sexual orientation.


2004: Civil Partnerships (PACS) Introduced.

Luxembourg passes the Law on the Legal Effects of Certain Partnerships.

Based on the French PACS model, it grants same-sex (and opposite-sex) couples legal recognition, tax benefits, and inheritance rights, but falls short of full marriage (excluding adoption).

2006: Discrimination based on sexual orientation is explicitly banned in employment, housing, and the provision of goods and services.

Phase III: The "Bettel Era" & Marriage Equality (2013–2015)
The most transformative period occurred under the leadership of Xavier Bettel, whose personal life and political career brought global visibility to Luxembourg's progress.

2013 (December): Xavier Bettel becomes Prime Minister. He is the first openly gay Prime Minister of Luxembourg and only the third openly gay head of government in modern history (after Iceland and Belgium).


2014 (June): Marriage Equality Legalized. The Chamber of Deputies votes (56–4) to legalize same-sex marriage.


2015 (January 1): The marriage law comes into force.

Full Joint Adoption: Same-sex couples are granted the right to adopt children jointly.

May 2015: Prime Minister Xavier Bettel marries his partner, Gauthier Destenay. He becomes the first EU leader to marry a same-sex partner while in office.


Phase IV: Trans Rights & Modernization (2016–Present)
Recent reforms have focused on bodily autonomy for transgender people and removing remaining medical barriers.

2018 (September): Law on Legal Gender Recognition.

A new law allows transgender people to change their name and legal gender marker based on self-determination.

The previous requirement for sterilization, surgery, or a medical diagnosis is abolished.

It applies to adults and, with parental consent, to minors as young as 5.

2021: Blood Donation Rules Relaxed. The complete lifetime ban on blood donation by men who have sex with men is lifted. It is replaced by a 12-month deferral period (meaning a man can donate if he has not had sex with another man for one year).


2023: The government announces a "National Action Plan" that includes drafting a specific statutory ban on conversion therapy (which is currently not explicitly criminalized, though often covered under general health fraud laws).