Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the Netherlands are among the most advanced in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws. No more sodomy laws were enacted after the country received independence. In 1911 a law was enacted under the influence of Christian parties in the parliament which banned same-sex sexual activity under the age of 21, while the age of consent for heterosexuals remained 16. In 1946 the Centre for Culture and Recreation was founded, advocating for LGBTQ rights and challenging this policy. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people. The changes eventually led to homosexuality's declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples registered partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.
The Netherlands has become one of the most culturally liberal countries in the world, with recent polls indicating that more than 90% of Dutch people support same-sex marriage. Amsterdam has frequently been named one of the most LGBTQ-friendly cities in the world, famous for its many accommodations specifically pertaining to the LGBTQ community, including its many gay bars, bathhouses, hotels, and venues as well as Pink Point, which provides LGBTQ-friendly information and souvenirs, and the national Homomonument, which was completed in 1987 and was the first monument in the world to commemorate homosexuals who were persecuted and killed during World War II. Since February 2023, protections against discrimination on the basis of sexual orientation and disability were formally added to the Netherlands Constitution. In addition, the country appointed its first openly gay prime minister, Rob Jetten, in February 2026.
Law regarding same-sex sexual activity Same-sex activity has been legal since 1811. The age of consent is set at 16 regardless of gender and sexual orientation, having been equalised in 1971.
History
Between 1730 and 1811, sodomy was a capital crime in the Dutch Republic, resulting in widespread panic throughout the Netherlands and the persecution of hundreds of homosexuals. After the French invaded and installed the Napoleonic Code in 1811, all laws against same-sex sexual activity between consenting adults in private were repealed. After the Dutch received independence in 1813, no new sodomy laws were enacted. The Christian-based political parties enacted Article 248bis of the Penal Code in 1911, which raised the age of consent for same-sex sexual activity to 21 whilst the age of consent for heterosexual activity remained at 16. Laws citing public indecency were also often used against homosexuals.
During World War II, the Nazis introduced Paragraph 175 into Dutch law, which prohibited any same-sex sexual activity once again. The law was repealed after the end of the war.
During the mid-20th century, society's attitude towards homosexuality, with psychiatrists and clergy beginning to view it less critically. In 1971, the age of consent for same-sex sexual activity was equalised. Article 248bis was repealed. In 1973, homosexuality was no longer treated as a mental illness, which paved the way for allowing gay people to serve in the military.
Recognition of same-sex relationships
Dutch law began granting same-sex couples registered partnerships on 1 January 1998 as an alternative for marriage. Registered partnerships are also allowed for opposite-sex couples. The Netherlands became the first country in the world to legalize same-sex marriage in 2001, with the law coming into effect on 1 April. That day, Job Cohen, the Mayor of Amsterdam, married four same-sex couples after becoming a registrar specifically to officiate at the weddings. The bill had passed the House of Representatives by 109 votes against 33. Although same-sex marriages can be performed in the European territory of the Netherlands and the Caribbean territories of Bonaire, Sint Eustatius and Saba, same-sex marriages performed in Aruba, Curaçao and Sint Maarten, which are constituent countries of the Kingdom of the Netherlands, are not officially valid. As a result of article 40 of the Charter for the Kingdom of the Netherlands, same-sex marriages performed anywhere else in the Kingdom must be recognized in all territories, however, they are not required to guarantee equal treatment of same-sex couples with valid marriage licenses.
Before 2014, civil servants could refuse to marry same-sex couples as long as the municipality ensured that other civil servants were available to solemnize the marriage. In 2014, a law was passed that made it illegal for all marriage officiants to refuse their services to same-sex couples.
In October 2021, it was clarified and investigated that "any memberships of the Dutch Royal Family" legally can enter into same-sex marriage in effect since 1 April 2001 – without losing any titles, rights and/or privileges whatsoever.
Adoption and parenting Same-sex adoption was legalized alongside same-sex marriage in 2001, which includes joint and stepchild adoption. The Dutch Parliament also began allowing same-sex couples to adopt children overseas in 2009. Lesbian couples can get access to IVF treatment, as well as parentage rights for their children. Assisted insemination in case of infertility is covered by health insurance, whether concerning single women, opposite-sex couples or lesbian couples.
Altruistic surrogacy is legal in the Netherlands. Commercial surrogacy is illegal, regardless of sexual orientation. Although altruistic surrogacy is legal, there are only a few hospitals that undertake these arrangements, and there are very strict rules. This makes a lot of couples seek their treatment outside the Netherlands. In 2019, at least two IVF clinics in the Netherlands started offering surrogacy services to same-sex couples; one in Leiderdorp helps with the fertilisation of the surrogate mother's eggs, while a second in Gemert-Bakel works with the family members of the couple for a better genetic match.
Discrimination protections The Dutch Parliament enacted the Equal Treatment Act 1994 (; ) in March of that year, which bans (among others) discrimination on the grounds of sexual orientation in employment, housing, and both public and private accommodations. Before March 2019, gender identity, gender expression and sex characteristics were not specifically mentioned, but discrimination was nonetheless banned. There had been cases where the Dutch Institute for Human Rights ruled that transgender people were protected under the clause of "gender". On 16 January 2017, a bill was introduced to explicitly add sex characteristics, gender identity and gender expression to the list of anti-discrimination grounds. The bill was approved by the House (127–23) on 3 July 2018 and by the Senate (64–11) on 12 March 2019. In addition, a motion was passed (123–27) that requested the Rutte Government to investigate whether it is possible to replace the term "heterosexual or homosexual orientation" with the term "sexual orientation" to include all orientations, including bisexual and asexual people.
Recently, a loophole was fixed in the Equal Treatment Act 1994. Before this, government-financed religious schools were not allowed to fire or deny promotions to teachers on the "single fact" of someone's sexual orientation. However, some schools had interpreted this so that they could fire a teacher for behaviours outside of the facility that went against the ethos of the school. This resulted in the termination of a teacher in 2005 for being in a same-sex relationship. This was called de enkelefeitconstructie ("the single fact construction"). A bill that removed the "single fact" rule and ensured that LGBTQ students and teachers cannot be fired because of their sexual orientation was debated in Parliament in 2014. On 27 May 2014, this bill was approved by the vast majority of the House of Representatives (141–9) and on 10 March 2015 the bill was approved by the Senate (72–3). It went into full effect on 1 July 2015.
A proposal to add disability and sexual orientation as prohibited grounds for discrimination to Article 1 of the Constitution of the Netherlands was approved in the House of Representatives on 30 June 2020 (124 to 26) and in the Senate on 9 February 2021 (58 to 15). The measure required approval by the House and Senate by a two-thirds majority following the March 2021 election. On 15 March 2022, the House of Representatives passed the same proposal a second time by a vote of 123 to 25 with 2 members not present. It moved to the Senate for its second vote. On 17 January 2023, the bill was approved by the vast majority of the Senate (56–15) and awaited royal assent. Since February 2023, both sexual orientation and disability were formally added to the Netherlands Constitution.
A 2018 survey by Statistics Netherlands showed that 11.4% of LGBTQ youth were confronted with online bullying and harassment. This was more than twice as often as heterosexual young people. A survey by the knowledge institute Movisie showed that there were an estimated 900 to 2000 homeless LGBTQ youth in the Netherlands in 2020. LGBTQ young people were three times as likely to be homeless than young heterosexual people. Movisie said that "LGBTQ youth are often rejected at home and have difficulties accepting themselves".
Transgender and intersex rights The Dutch parliament voted in favour of the law establishing the right of transgender people to change their legal gender in 1984 and 1985. The law required individuals to undergo gender-affirming surgery and forced sterilization in order to use this right. Top surgery is available to patients older than 16 in The Netherlands.
In December 2013, the Dutch Parliament overwhelmingly approved a bill allowing transgender people to legally change their gender on birth certificates and other official documents without undergoing sterilization and gender-affirming surgery. The law took effect in 2014. Additionally, transgender people are allowed to serve openly in the military.