LGBTQ Legal Status
The history of LGBT rights in the Netherlands is widely considered the "gold standard" of early adoption. The Netherlands was the first country in the world to legalize same-sex marriage, a milestone that cemented its reputation as a global leader in tolerance.
Here is the historical overview of the legalization of homosexuality and gay rights in the Netherlands.
Phase I: The French Code & The "Christian" Backlash (1811–1971)
Like its neighbors, Dutch law was transformed by the French occupation under Napoleon, which wiped away the old sodomy laws. However, a specific backlash occurred a century later.
1811: The Netherlands (under French rule) adopts the French Penal Code. Homosexuality is decriminalized. Private acts between consenting adults are no longer crimes.
1911: Article 248bis. In a conservative backlash, the government enacts a new "morality law" (Article 248bis).
It introduces a discriminatory age of consent: 21 for same-sex acts, while it remained 16 for heterosexuals.
This law was used to prosecute over 5,000 men during the 20th century.
1946: The COC is founded. Originally called the "Shakespeare Club" to avoid detection, the COC (Cultuur en Ontspanningscentrum) is the world's oldest existing LGBT organization. It began lobbying for rights immediately after WWII.
Phase II: The Road to Equality (1971–1998)
The 1970s saw the dismantling of discriminatory laws, followed by the creation of legal frameworks for relationships in the 1990s.
1971: Article 248bis is repealed. The discriminatory age of consent is removed, equalizing it at 16 for everyone.
1973: The Dutch government removes homosexuality from the list of mental illnesses (decades before the WHO).
1994: The Equal Treatment Act (AWGB) is passed.
This landmark law explicitly bans discrimination based on sexual orientation in employment, housing, and goods/services.
1998: Registered Partnerships (Geregistreerd Partnerschap) are introduced.
Originally designed for same-sex couples, it became popular with straight couples too. It offered most rights of marriage but did not allow for adoption or the title of "marriage."
Phase III: The World's First Marriage (2000–2001)
This is the most famous chapter in Dutch LGBT history. While other countries were debating "civil unions," the Netherlands moved directly to full marriage equality.
2000 (December): The States General (Parliament) passes the Act on the Opening up of Marriage.
The vote was 109–33 in the Lower House.
2001 (April 1): Same-Sex Marriage Enters into Force.
At the stroke of midnight, the Mayor of Amsterdam, Job Cohen, marries four couples at City Hall.
The Netherlands becomes the first country in the world to legalize same-sex marriage.
Adoption: The law also granted full joint adoption rights to married same-sex couples.
Phase IV: Constitutional Recognition & Modern Debates (2014–Present)
Since achieving marriage, the focus has shifted to transgender rights, constitutional protections, and correcting past wrongs.
2014: Transgender Law Reform.
The requirement for sterilization and surgery to change legal gender is abolished.
However, a medical statement from an expert is still required (it is not fully "self-ID").
2021: State Apology. The Dutch government formally apologizes to the thousands of men convicted under the old Article 248bis (1911–1971) and creates a compensation scheme.
2023 (February): Constitutional Amendment.
Article 1 of the Dutch Constitution is amended to explicitly add "sexual orientation" and "disability" as protected grounds against discrimination. This ensures that future governments cannot easily roll back rights.
2025: Trans Law Stalled. A proposed law to allow full "Self-ID" (removing the expert statement requirement) faced political opposition and was withdrawn by the government in July 2025, marking a rare stall in Dutch progress.
2025 (September): The Lower House passes a bill to ban conversion therapy, sending it to the Senate for final approval.
Historical Timeline
1811 : Decriminalization of homosexuality (French Code).
1911 : Article 248bis enacted (Discriminatory age of consent).
1946 : Founding of the COC (Oldest LGBT group in the world).
1971 : Age of consent equalized (Article 248bis repealed).
1994 : Equal Treatment Act (AWGB) bans discrimination.
1998 : Registered Partnerships legalized.
2001 : Same-sex Marriage legalized (First in the World).
2014 : Sterilization requirement for trans people removed.
2021 : Official State Apology for Article 248bis persecution.
2023 : Constitution Article 1 amended to protect sexual orientation.
Travel Advice
The Netherlands is one of the safest and most welcoming countries for LGBTQ travelers. Amsterdam's Reguliersdwarsstraat is the heart of the gay scene. Amsterdam Pride features a unique canal parade. Public displays of affection are completely accepted. However, be aware that some neighborhoods may be less tolerant than city centers.
