In recent years, the rights of non-heterosexual people in Europe have undergone a complex evolution, marked by significant progress in some countries and worrying setbacks in others. While countries such as Germany, Denmark and France continue to strengthen protections for LGBTQ+ people, others such as Hungary, Poland and Slovakia have adopted restrictive policies that undermine the principle of equality. This scenario is set against an increasingly polarised global context, in which the fight for civil rights clashes with a conservative wave fuelled by ‘anti-woke’ movements.
In the United States, the return of Donald Trump to the political scene has been accompanied by the success of an increasingly conservative and reactionary rhetoric, hostile to all minorities. At the same time, influential figures such as Elon Musk have repeatedly criticised inclusion policies, intensifying the debate on platforms such as X (formerly Twitter). This climate has also inspired some European governments to restrict LGBT+ rights under the pretext of defending ‘traditional values’.
Europe, which for years has been a beacon of progress for civil rights, now finds itself at a crossroads: give in to the pressure of reactionary movements or reaffirm its role as a leader in the protection of fundamental freedoms. At stake is not only the future of LGBT+ rights, but the very raison d’être of the European Union. Let’s take a closer look at what is happening in Italy, Portugal and Spain.
ITALIA
The ‘Bel Paese’ lags far behind other European countries in terms of civil rights, due to both political resistance and cultural and religious rigidity. According to the “Rainbow Europe 2024” report by Ilga Europe, which analyses the protection of LGBT rights in several European countries, Italy ranks even lower than Hungary, already known for its restrictive policies. The data is not limited to the legal sphere, but analyses people’s daily lives, highlighting violations and discrimination in both the social and legal spheres.
Moreover, in 2016 alone, the Italian parliament introduced a form of civil union for homosexual couples, but it is little more than a bureaucratic and registration procedure, with no possibility of equal treatment with marriage between a man and a woman. As a result, same-sex couples cannot adopt a child together. The use of surrogate mothers is also prohibited by law, something that Prime Minister Giorgia Meloni has even defined as a ‘universal crime’. Even the mutual recognition of the children of same-sex couples is hindered in every possible way.
As for transgender people, a 1982 law allows for the correction of gender in the civil registry, but only after a very long and complex medical, psychiatric and legal process, as Italy has no clear legislation protecting non-binary people or recognising gender identity outside the male/female dichotomy.
The prevention of homophobic discrimination and violence is also lagging behind, as there is no specific law. The only attempt by parliament (the so-called ‘DDL Zan’) was rejected in 2021. The result has been a dramatic increase in attacks on homosexual and transgender people, bullying of minors and homophobic suicides.
According to a study entitled ‘Italian public opinion and LGBT+ rights’, carried out by the University of Verona and the University of Pavia, Italian society appears to be divided on several issues related to LGBT rights. The data shows that more than half of those surveyed (53.9%) recognise that gays, lesbians and bisexuals are discriminated against, while a third of the sample (31.8%) minimise the problem. Perceptions of discrimination are even more pronounced among transgender and non-binary people. Significant divisions emerge with regard to same-sex parent families and equal marriage. 83.4% of Italians recognise same-sex unions, but only 56.8% are in favour of equal marriage, while 26.6% would prefer to maintain only civil unions. A minority of 6.6% oppose any legal recognition of homosexual couples. In addition, 57.6% consider rainbow families to be the same as heterosexual families, while 28.3% believe that the family should be made up exclusively of a man and a woman. The majority of respondents also support the right of same-sex couples to adopt children.
Another key issue is that of parenthood and assisted reproduction techniques. Italians are in favour of assisted reproduction, but with reservations: almost a third support it only if it is intended for heterosexual couples or single women, while denying this possibility to lesbian couples. As for surrogacy, 38.5% are against it, while 37.3% are in favour, but with a strong preference for its use by heterosexual couples.
Italian society seems to be divided, with a big difference between the big cities and the rural areas, and between the south and the north. In a village in the south it is easy to come across episodes of violence or discrimination, but for the Rainbow associations, homophobic and transphobic attacks are on the increase throughout Italy, due to a media climate full of prejudices and stereotypes and the serious backwardness of the state school system, where there is a total lack of sexual and emotional education courses.
LGBT+ people may also continue to face discrimination in the workplace, especially in small businesses and in more traditional contexts, partly because, as mentioned above, there is no law explicitly protecting LGBT+ workers from discrimination.
PORTUGAL
Portugal is one of the most progressive countries in Europe when it comes to the rights of LGBT+ people, thanks to an advanced legal framework and a strong institutional commitment to protecting the community. Portugal legalised same-sex marriage in 2010, guaranteeing equal rights to gay couples, including the possibility of adopting children from 2016. It has also introduced one of the world’s most progressive laws for transgender people: from 2018, it will be possible to change the gender on documents without medical intervention or a diagnosis of gender dysphoria, an important step forward for self-determination.
Anti-discrimination laws are also among the most advanced, explicitly prohibiting any inequality based on sexual orientation and gender identity in the workplace, healthcare and education.
In terms of tourism, Portugal is one of the most welcoming destinations for the LGBT+ community, with events such as Lisbon Pride and Porto Pride attracting thousands of people every year. In the workplace, too, the largest companies are adopting inclusive policies, while small businesses and rural areas continue to face difficulties, especially for openly transgender people.
In a highly evolved global context, there has been great consternation at the recent move by the centre-right government of Portugal, which, in serious political difficulties and close to the early end of its mandate after less than a year in office, decided to cancel the Ministerial Circular on “Gender Rights in Schools“, issued in 2023. The measure, drafted jointly by the Commission for Citizenship and Gender Equality and the Ministry of Education, was intended to provide “guidelines for school and non-school staff towards a more inclusive school”, recommendations such as respect for the name chosen by the student in all school and extracurricular activities, safe access to toilets and changing rooms in accordance with gender identity, respect for the privacy of students in relation to their families, the obligation to report situations of violence or abuse related to sexual orientation or gender identity. At the time of the publication of the circular, the government was led by the left, under the leadership of Antonio Costa, the current President of the European Council.
With the repeal of the rule, a student’s gender identity will no longer be taken into account in official communications, which will continue to use their birth name. Boys and girls who feel different now run the risk of having their rights to privacy infringed.
The decision is causing a stir in one of the world’s most gay-friendly countries, where civil rights have been widely recognised since the end of the Salazar dictatorship.
SPAIN
The Iberian country is considered one of the most advanced in Europe in terms of LGBT+ rights. Thanks to progressive legislation and a relatively open society, the country stands out for its recognition of civil rights and protection against discrimination. However, there is no shortage of challenges and difficulties, particularly in terms of social discrimination and economic inequality.
Spain was one of the first countries in the world to legalise same-sex marriage in 2005, under the Socialist government of José Luis Rodríguez Zapatero. This law guaranteed homosexual couples the same rights and responsibilities as heterosexual couples, including the possibility of adopting children. In addition, a law was introduced in 2007 to make it easier to change gender on official documents without surgery, a fundamental step towards recognising the identity of transgender people.
In 2023, the Spanish government passed a new law on the rights of trans people, introducing gender self-determination for people over the age of 16 and reducing bureaucratic barriers to legal recognition of gender identity. This legislation has sparked debate even within the feminist community, but it is a significant step forward in the European legislative landscape.
Spanish politics has shown a strong commitment to gay rights, thanks largely to Socialist (PSOE) governments and alliances with progressive parties such as Podemos. However, the rise of the far-right Vox party has introduced a more conservative discourse critical of gender policies and LGBT+ rights. Vox has attempted to limit inclusive education in schools and has repeatedly criticised anti-discrimination laws, promoting a more traditionalist vision of society.
Despite this, major cities such as Madrid and Barcelona host important events such as Pride, which attracts millions of people and represents a key moment for the visibility of the LGBT+ community.
But the situation is not all rosy. In recent years, there has been an increase in homophobic and transphobic attacks, partly due to growing political polarisation and anti-LGBT rhetoric from some sectors of society.
According to the LGTBI+ State 2023 study by the LGTBI+ State Federation, more than 280,000 LGBTI people have been attacked because of their sexual orientation in the last five years. This figure contrasts with official data, which estimates that there were 1,551 hate crimes against this group in the last five years. This can be explained by the fact that, as the Federation points out, only 20% of crimes are reported, so there are many experiences of LGBTIQ+ people that do not appear in the official data.
Therefore, we must not let our guard down and continue to promote policies that favour the labour and social inclusion of LGBT+ people, with incentives for companies that adopt inclusive policies and programmes to support transgender people in their search for employment.
