Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Sweden are regarded as some of the most progressive in Europe and the world. Same-sex sexual activity was legalized in 1944 and the age of consent was equalized to that of heterosexual activity in 1972. Sweden also became the first country in the world to allow transgender people to change their legal gender post-sex reassignment surgery in 1972, whilst transvestism was declassified as an illness in 2009. Legislation allowing legal gender changes without hormone replacement therapy and sex reassignment surgery was passed in 2013.
After allowing same-sex couples to register for partnership benefits in 1995, Sweden became the seventh country in the world to legalize same-sex marriage in 2009. Discrimination on the basis of sexual orientation has been banned since 1987 and on the basis of gender identity and expression since 2010. Gay and lesbian couples can petition to adopt since 2003, and lesbian couples have had equal access to IVF and assisted insemination since 2005. Sweden has been recognized as one of the most socially liberal European countries, with recent polls indicating that a large majority of Swedes support LGBTQ rights and same-sex marriage. Polling from the 2019 Eurobarometer showed that 98 percent of Swedes believed gay and bisexual people should have the same rights as heterosexual people, the highest in the European Union, and 92 per cent supported same-sex marriage. The proliferation of LGBTQ rights in Sweden appears to have further facilitated the inclusion of gays, lesbians and bisexuals in democratic action. However, recent years have seen the rise of anti-gender campaigns in Sweden, which scholars warn pose a growing threat to LGBTQ rights, particularly those of transgender people.
Law regarding same-sex sexual activity Sweden legalised same-sex sexual activity in 1944, with the age of consent set at 18. In 1987, in order to combat the spread of HIV, the Riksdag passed a law against sex in gay saunas and against prostitution. It was repealed in 2004. In 1972, Sweden became the first country in the world to allow transgender people to legally change their sex, provided free hormone therapy, and an equal age of consent was set at 15. However, the requirements under the 1972 act for changing gender included being unmarried, a Swedish citizen and infertile. This was followed by an activist occupation of the main office of the National Board of Health and Welfare. In October 1979, Sweden joined the few other countries in the world at the time to declassify homosexuality as an illness. Being transgender was declassified as an illness in 2017.
Recognition of same-sex relationships Registered partnership Same-sex couples in Sweden had the right to register their partnerships from 1995 onwards. These partnerships had all the rights of marriages except "as provided by sections 3–4" of the law. As well, all provisions of a statute or any other legislation related to marriage or spouses applied to registered partnerships and partners, except as under sections 3–4.
Since May 2009, new registered partnerships can no longer be entered into due to the legalization of same-sex marriage. The status of existing partnerships remains unaltered, except that they can be converted to marriage if the couple so desires.
Same-sex marriage
Effective 1 May 2009, marriage between two people of the same sex has been legal in Sweden after a government report published in March 2007, written by former Chancellor of Justice Hans Regner, proposing that marriage be extended to same-sex couples.
On 1 April 2009, the Riksdag voted on a change to the law, legalizing same-sex marriages. All parties supported the proposal, with the exception of the Christian Democrats. The Swedish Cabinet Government, under whom this legislation was passed, consisted of the Moderate Party, the Centre Party, the Liberals and the Christian Democrats.
Vote totals Votes Yes 261 No 22 Abstain 16 Absent 50
On 22 October 2009, the Assembly of the Church of Sweden voted in favour of giving its blessing to same-sex couples, including the use of the term for marriage: äktenskap ("matrimony"). The new rules were introduced on 1 November 2009.
Vote totals Votes Yes 176 No 62 Abstain 11 Absent 0
Royal family in Sweden The Swedish Act of Succession requires a prince or princess to seek the consent of the government to marry. In October 2021, Marshal of the Realm Fredrik Wersäll stated that a potential marriage would not be treated differently depending on if it would be same-sex or not, allowing members of the royal family to enter into a same-sex marriage without affecting their rights in the order of succession.
Adoption and family planning
Since 1 February 2003, registered partners have had the same adoption rights as married couples. Single LGBTQ individuals are permitted to adopt as well. With regard to foreign adoptions, the Ministry of Justice states: "As regards adoption from abroad, it is important that we are sensitive and aware that those countries with which Sweden cooperates often hold a different view on homosexual people and homosexual parenthood. Co-operation regarding intercountry adoptions must be based on trust. This means that the limitations and terms that the countries of origin lay down must be complied with."Government Offices of Sweden. "Homosexual partnership and adoption" . Retrieved 6 May 2007.
In 2005, a new law was passed allowing lesbian couples to access assisted insemination in public hospitals.
Military service
LGBTQ people are not banned from military service. Sweden explicitly allows LGBTQ people to serve openly in the military. Sweden was amongst the first nations in the world to allow LGBTQ people to serve. In fact, gay men were allowed to serve even before Sweden demedicalized homosexuality in 1979.
The Swedish Armed Forces states that it actively works for an environment where individuals do not feel it to be necessary to hide their sexual orientation or gender identity. In 2015, they launched a Pride campaign featuring a soldier in uniform with the rainbow flag badged to her arm. The text's bold letters translates to "some things you should not have to camouflage," followed by the text "equality is an important ingredient in a democracy. In the military, we treat each other with respect and see our differences as a strength. We are an inclusive organisation where all who serve and contribute should feel welcomed and respected".
Transgender rights
Sweden was the first country in to introduce a law on gender recognition. The ability to legally change the gender marker on official identification documents in Sweden has been possible since 1972. However, certain criteria had to be met: one had to be a Swedish citizen and 18 years old, unmarried (having divorced if necessary), have lived for two years as the opposite gender, be sterilized and have undergone sex reassignment surgery. The law was re-evaluated in 2007, proposing removals of the requirements to be a Swedish citizen, unmarried and sterilized, and presented to the Christian Democrat Minister for Health and Social Affairs.
The Swedish Discrimination Ombudsman (DO) and the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RSFL) inquired about the future of the proposed new law. In January 2013, the Stockholm Administrative Court of Appeal deemed that the requirements to be sterilized and undergo sex reassignment surgery in order to change gender violated the constitution and the European Convention on Human Rights, and the requirement was thus de facto abolished. In May 2013, the Riksdag passed a motion to remove the requirements. The revised law entered into force in July 2013.
In March 2017, the Löfven Government announced it would compensate an estimated 800 transgender people who were forced to undergo sex reassignment surgery and be sterilized so as to have their sex legally reassigned.Sweden to offer compensation for transgender sterilizations Reuters In late March 2018, the Swedish Parliament voted in favour of the compensation. Approximately 600-700 people were eligible to receive 225,000 SEK each. This made Sweden the first country to compensate transgender people who were victims of forced sterilization as a requirement to attain legal gender recognition.
In January 2018, the majority of the parties in the Riksdag were interested in researching the possibility of introducing a third legal gender on official documents.
Gender law reform
In February 2015, the Löfven Government introduced two bills. The first one allowing legal gender change without any form of psychiatric or psychological evaluation as well as the need of a diagnosis or any kind of medical intervention. The other one allowing sex reassignment surgery if the person applying for it submits a positive opinion from a psychiatrist. As of 2019, the bills remained pending and had been the subject of several public consultations. As of August 2020, the bills were still in an early draft form. In November 2021 a new proposal was sent for consideration to various governmental and non-governmental organisations.
In July 2022 the government submitted a new law proposal to the Legislative Council. This proposal changed the requirements in the law for a legal gender change, which in previous drafts had been changed to an administrative process, to still require a simplified medical process. It also includes an increase of the proposed age at which the legal gender can be changed from the previous 12 to 16. the Löfven government planned to present the law for a vote in the Riksdag after the election in September, with the law to take force on 1 October 2024.
In April 2024, a majority of the Riksdag voted in favor of both bills, with 234 votes in favour and 94 votes against. The new laws are due to take effect on 1 July 2025. Under the approved laws, the minimum age to change legal gender without the requirement of a diagnosis of gender dysphoria was lowered from age 18 to age 16. A statement from a doctor or psychologist on the permanence of the gender identity "for the foreseeable future" and approval from the National Board of Health and Welfare will still be required. Persons aged 16 and 17 will also need approval of their legal guardians. Surgical procedures of the genitalia will be allowed for those above 18, with removal of the gonads being limited to those 23 years of age or older without an exceptional reason.
Access to healthcare
In Sweden, patients seeking to access gender affirming healthcare must first undergo extended evaluations with psychiatric professionals, during which they must - without any form of medical transition - successfully live for one full year as their desired gender in all professional, social, and personal matters. Gender clinics are recommended to provide patients with wigs and breast prostheses for the endeavor. Further, those with potential comorbidities are subject to additional long-term scrutiny prior to allowance of any sort of access to medical care. The evaluation additionally involves, if possible, meetings with family members and/or other individuals close to the patient. Patients may be denied care for any number of "psychosocial dimensions", including their choice of job or their marital status.