Reykjavík Grapevine - 23.07.2004, Qupperneq 17

1869
The first comprehensive penal code came into effect in Iceland, based on a Danish
model. Among its provisions was the criminalisation of sexual intercourse between
two individuals of the same sex, irrespective of age or consent. Clause §178, which
covered sexual relations between two individuals of the same sex as well as inter-
course with animals, was worded as follows: “Unnatural forms of sexual intercourse
are punishable by a term in prison.”
1924
Following the adoption of the 1869 penal code, prison sentences were handed out
almost every year for indecent conduct, though after 1900 the number of convic-
tions fell. Published sources do not record the nature of these crimes against public
decency. However, it is recorded that in 1924 Guðmundur Sigurjónsson Hofdal was
sentenced by the Reykjavík District Court to eight months in prison for breach of
clause §178 of the penal code. Hofdal, a renowned sportsman and wrestling cham-
pion, who had taken part in the 1908 Olympics, freely admitted in court to having
had “carnal relations with other men” over the previous 15-18 years.
1940
The Althing abolished the provision in the law which ruled that sexual intercourse
between two individuals of the same sex, irrespective of age or consent, was a
criminal offence. The clause stipulating that “Unnatural forms of sexual intercourse
are punishable by a term in prison” now became a thing of the past. Iceland was only
the second Nordic country to decriminalise same-sex intercourse, irrespective of age
or consent.
1940
The Althing passed a new law (no. 19/1940) which specified age of consent in the
section on Public Decency. Extra-marital sexual intercourse between a man and a
woman was now legal if both parties were aged 16 or above. If the man was older
and the woman younger, it was judged a criminal act on the man’s part. The same
law stipulated a legal age of 18 for same-sex individuals, recommending up to three
years’ imprisonment for whichever individual was older.
1985
A proposed parliamentary resolution on the abolition of discrimination against ho-
mosexuals was placed before the Althing. The resolution proposed that a committee
should be set up to investigate the status of lesbians and gay men in Iceland and
make recommendations for reform of the law. The proposal was referred to general
committee after the first debate but never got any further.
1992
A proposal identical to that of 1985 was passed by the Althing in the spring of 1992.
On the basis of parliament’s approval, the prime minister appointed a committee in
the spring of 1993 to investigate the status of homosexuals in Iceland. The commit-
tee completed its task in the autumn of 1994 by producing an in-depth report which
provided the basis for subsequent legislation relating to homosexuals.
1992
The Althing passed a radical amendment (no. 40/1992) to the clauses in the section
on public decency in the penal code of 1940, now renamed Sexual Offenses. The
age of consent was now set at 14 - sexual intercourse between individuals of 14
and above was, in other words, legal as long as both parties consented. No distinc-
tion was now made between parties according to sex and all discrimination against
homosexuals relating to the age of consent was therefore eliminated.
1996
The Althing passed a law recognising the registered partnership between individuals
of the same sex (no. 87/1996). In the eyes of the law, registered partnership now had
equal status with heterosexual marriage, with the exception that neither adoption
nor in vitro fertilisation was permitted. Moreover, partnerships between same-sex
couples could only be registered by a civil registrar, not by a minister of the Lutheran
State Church of Iceland.
1996
The Althing passed amendments to clauses of the general penal code, relating to
discrimination on grounds of nationality, colour, race, religion or sex, adding the
words “on grounds of sexual orientation”. This made it illegal to refuse people goods
or services on account of their sexual orientation, or to attack a person or group of
people publicly with mockery, defamation, abuse or threats because of their sexual
orientation.
2000
The Althing passed an amendment permitting step-adoptions with the proviso that
the partners have previously had joint custody of the children. However, the legal
provision denying women in registered partnerships the right to in-vitro fertilisation
is still in force; so too is the provision denying a couple in a registered partnership
the right to adopt a child which is not related to either of them. In addition, the
partnership between same-sex couples can only be registered in a civil ceremony, not
in church.

2003
A resolution proposed that a committee should be set up to investigate and compare
the legal status of gay and straight couples and make recommendations for reform of
the law. Furthermore, proposed amendments to the law on registered partnership,
regarding adoption and in vitro fertilisation were added. The Althing passed the
resolution in March 2003.
© Thorvaldur Kristinsson 2003
Iceland: Homosexuality
and the Law