Date: Tue, 27 Dec 1994 19:30:22 +0100 (NFT) From: Bj|rn Skolander HOMOSEXUALS AND SOCIETY. A SWEDISH SAME-SEX REFORM REPORT (1984) In 1978 the Swedish Minister of Social Affairs, Rune Gustafsson, appointed a commission with the objective to investigate the social situation of homosexuals in Sweden. The commission published, and handed over its report (Homosexuella och samha"llet. Beta"nkande av utredningen om homosexuellas situation i samha"llet. SOU 1984:63. Socialdepartementet. Stockholm 1984) to the Minister of Social Affairs, Gertrud Sigurdsen, in 1984. This report is one of the most important political documents in the history of the Swedish Gay and Lesbian Rights Movement. The commission's conclusions resulted in an anti-discrimination law in 1987 (which, however, differs from the proposal of the commission), and a same-sex domestic partner law in 1988. Even if the attitudes to same-sex marriages during the time the commission was working (1978-1984) were not in favour of a law making same-sex marriages possible, it is without any doubt, that the commissions report has paved the way for the Registered Partnership Law which comes into force on January 1, 1995. The surveys, referred to as "our surveys", were mainly carried out by Per Arne Hakansson at the Department of Sociology at Lund university, and was later published as Hakansson's doctor's dissertation (Per Arne Hakansson. La"ngtan och livsform. Homosexuellas situation i ett heterosexuellt samha"lle. Lund 1987). The following English summery of the report (p. 271-280) was typed in by me for the benefit of those interested in and inspired by Scandinavian same-sex reforms. Bjorn Skolander Uppsala University bjorn.skolander@nordiska.uu.se **************************************************************************** SUMMARY: ******** GENERAL ASPECTS OUR SURVEYS CONCLUSION OF OUR SURVEYS OUR DIRECTIVES AND OUR OBJECTIVE FAMILY QUESTIONS DISCRIMINATION THE NEED FOR OTHER THAN LEGISLATIVE MEASURES MIDDLE SCHOOLS' INSTRUCTION ON LOVE AND MARRIAGE COLLEGE EDUCATION OTHER EDUCATION RESEARCH CULTURE INFORMATION HEALTH MATTERS SUPPORT FOR HOMOSEXUALS' ORGANISATIONS CONTINUING MEASURES SUMMARY ******* We note that the only certain difference between homosexuals and heterosexuals is that homosexuals are emotionally attracted to persons of the same sex. In the light of this background it is obvious that homosexuals should not be discriminated against. We propose measures in order to improve the homosexuals' situation. These are in brief as follows: # cohabitation between two persons of the same sex should in certain aspects be granted equal legal status with what current legislation terms cohabitation under forms resembling those of marriage, or any similar expression. # homosexuals are to be given equal status with other minority groups who through legislation are given particular protection against unfavourable legislation or discrimination. # improved education and information on homosexuals and homosexuality. GENERAL ASPECTS Many people wonder what homosexuality is. Our task has not been to answer this question, although we have undertaken a survey of the literature about the research available on this field. The literature reveals that there are many different theories on the causes of homosexuality, and that no one of them is essentially more tenable than any other. The only statement that today can be made with any certainty is that there is no other difference between homosexual and heterosexual persons than the fact that homosexuals experience an emotional attraction to persons of the same sex. In Sweden, society's view of homosexuality has become more open in recent years. This fact and homosexuals' own efforts have resulted in the situation for many homosexuals having become more tolerable in recent years. However, our surveys show that it is far from satisfactory. Many homosexuals find things difficult, and discovering one's homosexuality can be a shattering experience for a young person. Many find it difficult to accept their inclination, accept it and speak about it. Cohabition between two persons of the same sex is difficult to establish, and is not recognised as a natural state of affairs. Homosexuals often feel that they have to resort to secrecy about their relationships. In relation to the outside world, homosexual cohabitation is fraught with considerable complications. Those difficulties which homosexuals experience are not so much a result of their being homosexual as a function of the expectation on the part of society and the general public that one should live in a heterosexual fashion. To this can be added a view of homosexuality which is conditioned by lack of knowledge. Homosexuals usually describe this situation by saying that it is not they who are the problem but rather the attitudes and prejudices of those around them. OUR SURVEYS We have undertaken surveys with a view to clarifying the situation of homosexuals in our society. The surveys have been aimed at both the general public and homosexuals. That involving the general public, i.e. the heterosexual majority, gave rise to the following results. One person out of ten claims to know a homosexual. Approximately 60% of respondents claimed never to have met one. The prejudices that homosexuals have a particularly strong sexual drive and that they are particularly attracted towards children are not especially widely spread. On the other hand, around one half believe that there are homosexuals who possess specific external characteristics, in general those of the opposite sex. For many people the word homosexuality has connotations of sexual acts, but not of falling in love, love or solidarity. In response to a direct question as to whether homosexuals fall in love in more or less the same way as heterosexuals, more than half reply that they do not know. Over half answer no to the question whether they consider that two people of the same sex should be allowed to get married to one another, while around one fifth reply in the affirmative. On the other hand, just under half reply yes to the question whether homosexuals living together should be able to obtain loans in order to set up a home. Those who claim to find homosexuality repulsive and those who do not are divided into two approximately equally large groups. At the same time, it seems common to make a sharp distinction between homosexuality in itself and homosexuals. Homosexuality is viewed as a regrettable or tragic fate, and those affected by it are viewed with commiseration. 19% of respondents claim not to want a homosexual among their friends. 3% say they would demonstrate their disapproval if they found themselves with a homosexual workmate. In the survey of homosexuals, unlike that of the general public, it proved impossible to employ a representative sample. The objective was to elucidate the situation of homosexuals in greater detail, primarily from three aspects. The first relates to homosexuals' way of viewing their own homosexuality. The majority had their first recollection of homosexual feelings from the puberty, while there were others who did not recall anything until they had reached adult age. Initially, these feelings are often interpreted as, e.g. a need for friendship, but not as a longing for love and sexuality. If these feelings occur more clearly and are felt as sexual attraction, falling in love etc. they are intuitively interpreted as wrong or forbidden, even if one is not aware of homosexuality as a concept. In general, homosexuals have assumed for shorter or longer periods that they are like others, i.e. are heterosexual, and have instead thought that it was that they had difficulty in falling in love, finding the right partner, or achieving a satisfactory partnership. >From the point in time at which they recall having had their first homosexual feelings, an average of seven years elapses before they begin to consider themselves homosexual. In the case of nearly 10% this was more than fifteen years, and by that time many still saw their homosexuality as a negative characteristic of their own personality, whose impact on their way of life they wished to limit. Around half say that they had wished they were heterosexual after the time at which they begin to see themselves as homosexual. The second aspect of the homosexuals' situation dealt with in the survey related to their relationship with each other. Their difficulties in coming into contact with each other may be considerable as there are few contact networks, and they are of a kind which does not favour the establishmnet of more permanent relations. Half the respondents in the survey live in a homosexual pair relationship, and of the others the vast majority wish to live in a permanent relationship. The third aspect touched on homosexuals' relations to heterosexuals and thus also to the existence of discrimination. The survey shows that homosexuals are very much afraid to reveal their homosexuality to others, and do not disavow the heterosexuality which is always taken for granted. Instead, they adapt their way of life so that homosexual feelings and relations will remain concealed. As a consequence of this they restrict their relationships with heterosexuals, and keep them at a distance. Those who declare their homosexuality generally do so only to carefully selected people, for which reason it is unusual for them to encounter a hostile reaction. The most violent reaction often come from their nearest and dearest, i.e. parents and spouses. Many have encounted a positive response and interest, but it also seems to be usual that particularly the immediate reactions are hesitant, uncertain and embarrassed. The 1300 homosexuals who answered the poll report nearly 200 cases of discrimination at work. 30% of those who tried to rent a flat together with somebody of the same sex had been refused. CONCLUSION OF OUR SURVEYS Our surveys have led us to the conclusion that two factors are decisive in the social situation of homosexuals. The first is that the silence surrounding homosexuals and homosexuality is virtually total. Homosexuality is not a natural part of society; it is not present as a social and cultural institution. The second factor is that there exists a social prohibition or taboo on homosexuality, which is reinforced by the fact that it is viewed as pure sexuality, and also in that love is considered to be something which can only occur between a man and a woman. OUR DIRECTIVES AND OUR OBJECTIVE Our directives state that we are to propose measures which can clear away any residual discrimination against homosexuals. We stress that it is important to combat discrimination. We note, however, also that a significant cause of the homosexuals' situation is that homosexuality is not socially and culturally accepted. This means that homosexuals lack something, a lifestyle, with which to identify. Homosexuals also feel an uncertainty as to what would happen if they revealed themselves to the world around them. They dare not discount the risk of being ostracised and loosing their job, reputation and foothold in life. They thus conceal their homosexual feelings and relationships, which has major consequences for their way of life. One objective is for us to counteract discrimination and get society to openly accept and support homosexuals. Only if the "prohibition" against and silence on homosexuality disappears, will the homosexuals' situation become satisfactory. We can point to different means of improving the situation, namely legislation and information, as well as improved teaching about homosexuals and homosexuality, in order to fight discrimination. FAMILY QUESTIONS In the course of our work we often encountered questions such as whether homosexuals ought to have custody of children, and whether two people of the same sex ought to be allowed to adopt jointly. The background to these questions is probably that many people, some subconsciously, believe that contacts between homosexuals and children may cause injury to the latter. We maintain that there is no reason whatsoever for such an assumption, and that homosexuality in itself may never be seen negatively in matters relating to custody, where the prime consideration is the well-being of the child. As regards the question of a right to joint adoption, we judge the situation to be different, for adoption is, apart from its legal ramifications, a matter of actual and legal custody. Seen in this light, there are no impediments to a right of joint adoption by two persons of the same sex. We find, however, that there is a further aspect to the question of adoption. It has to do not with the right of homosexuals to adopt jointly, but with the rights of the prospective adoptive chield, in brief, it is the child's best interest which must be given priority. The situation is probably such that homosexual cohabitation is today not considered to be equally natural as that of heterosexuals, and we cannot disregard the fact that there may be a risk that adoptive children can come to regard themselves as deviant if they grow up in a homosexual family environment. The homosexual family must first be accepted as a natural part of society before two persons of the same sex should be allowed to adopt jointly. Another issue which we discuss is whether two persons of the same sex should be allowed to marry, or whether this relationship should be regulated in law by some other means. We find that the majority of cases of homosexual cohabitation involve the same ties and functions as in heterosexual cohabitation, and have therefore engaged in a detailed discussion as to whether those rules applying to spouses ought not to be extended to pairs of cohabiting homosexuals as well. We note, however, that present-day value judgements with the regard to marriage are so firmly rooted that it is hardly possible to speak of marriage between two individuals of the same sex, without defining marriage in a different way from that practised today. We find, however, that there are no obstacles in the way of already granting certain aspects of homosexual cohabitation the same legal status as is today accorded to that form of cohabitation between a man and a woman which in law is termed cohabitation under forms resembling those of marriage. DISCRIMINATION One demand which has often been made to us is that homosexuals should be given protection by the criminal law with regard to discrimination through the medium of a special law against discrimination, or by extending to homosexuals the same protection as that enjoyed by other minority groups in accordance with the provisions against incitement against ethnic minorities and unlawful discrimination contained in chap. 16 para. 8 and chap. 16 para. 9 of the Penal Code. We note that it is difficult to chart discrimination against homosexuals, even if there should be no doubt that certain forms of this occur. It is primarily homosexuals' fear of discrimination and their efforts to prevent it which have a considerable negative impact on their everyday life, well-being and relationships with others. We are of the opinion that such discrimination is best combatted by giving homosexuals the same protection as other vulnerable social groups, and not by the promulgation of a separate law against the discrimination of homosexuals. We therefore propose that homosexuals be included in the protection against discrimination which chap. 16 para. 8 of the Penal Code extends towards other groups, and that society's conviction that homosexuals should be treated in the same manner as all others be stressed in that chap. 2 para. 15 and para. 20 of the Instrument of Government be amended so that homosexuals are protected against unfavourable legislation. In view of the persecution of homosexuals in certain countries, demands have been voiced for what is termed political asylum for homosexuals on sexuals grounds. We discuss this question and find that current legislation in itself provides satisfactory guarantees that homosexuals, who are persecuted in their country of origin, are granted residence permits. Our opinion is that current legislation on the right of asylum also implies that there is scope for granting asylum to persecuted homosexuals. Since an opposite viewpoint has been adopted in practice, we propose a specific provision on the right to asylum for homosexuals who are being persecuted on account of their sexual proclivity. The surveys that we have had undertaken establish that there is no legal basis whatsoever for dismissing a homosexual employee or giving notice to quit to a homosexual tenant through invoking their sexual proclivity. It is possible, however, to refuse employment or accomodation by invoking their sexual proclivity, without legal sanctions, on the private labour market and within the non-commercially operated sector of the housing market (refers to sub- letting, private letting of rooms by individuals etc.) Such discrimination is not restricted to homosexuals, but also affects other vulnarable social groups. Our fundamental conviction is that homosexuals should be given the same protection against discrimination as others who belong to vulnarable groups. In the light of this we propose that the draft law against ethnic discrimination at work, which has been presented by the committee of enquiry on discrimination, should, in the event of enactment, also protect homosexuals from discrimination on the labour market. THE NEED FOR OTHER THAN LEGISLATIVE MEASURES Previous sections have dealt primarily with different legislative measures. In the case of many homosexual individuals it is the silence surrounding the situation of homosexuals which renders it more difficult for them to become aware of their feelings. We therefore point to the fact that it is only when homosexuality also exists as a social and cultural institution within society that one will be able to say that all discrimination of homosexuals has ceased. An all-embracing objective will be to strive to achieve a situation where everyday relations between homo- and heterosexuals will show the following two characteristics: # Openness. Heterosexuals view homosexuals as homosexuals and the latter do not conceal this fact. # A knowledge of somebody's homosexuality does not influence the way in which homosexuals are judged. In order to achieve this objective measures are required which are addressed to homo- and heterosexuals alike. This can be done by, e.g. giving heterosexuals a better knowledge of what homosexuality is and that homo- and heterosexuality are two parallel phenomena (i.e. homosexuality involves love, tenderness and a feeling of togetherness to the same degree as heterosexuality). This knowledge is to be imparted primarily through such means as education and information. At the same time measures must be taken in order to create a basic sense of security and feeling of value in homosexuals, so that they have the courage to openly declare themselves as such. This basic sense of security can be created above all in the homosexuals' organisations; hence it is important to lend support to their activities. MIDDLE SCHOOLS' INSTRUCTION ON LOVE AND MARRIAGE Given the right form, the teaching by schools of the subject of love and marriage will be capable not only of counterbalancing discrimination of homosexuals, but also of contributing towards society gradually coming to treat homosexuals in a more open and socially acceptable fashion. We have thus examined both the formal regulatory framework for this subject, and the way in which it is taught in practice. We thus find that current curricula lack any formulations of objectives that deal with the direction of such teaching, although there are general goals whose purpose is to induce the pupils to consider such problems of everyday living. These generally defined objectives do contain in themselves scope for the teachers to deal with such matters as measures to combat discrimination of homosexuals. Whether or not this actually takes place is, however, more dependent on the personal commitment of the individual teacher, which we consider to be unsatisfactory. We are therefore of the opinion that the National Swedish Board of Education must evolve suitable forms of more actively stimulating individuals schools and teachers to improve the way in which they teach their pupils about homosexuality. We also stress the valuable work of the County Education Committees in monitoring teaching, and consider it vital that this process should also be applied to matters involving the teaching regarding the subject of love and marriage, and thus also to the manner in which questions relating to homosexuality are handled. The schools must also be provided with better prerequisites for teaching about homosexuality in an adequate manner, since many teachers find difficulty in discussing matters relating to homosexuality with their pupils. One solution may be to revise the guidance issued by the National Board in this field, improving it by the addition of material describing how lessons on homosexuality should be arranged. Positive experiences in teaching the subject of love and marriage from different schools could also be put to good use. Another means of improving teaching is for the schools to allow members of homosexual organisations (e.g. RFSL) greater participation in their lessons than is presently the case. We also point out that current teaching materials contain considerable errors in their factual accounts. It is thus vital that educational publishers take account of such needs in future editions. We also propose that SIL, the National Swedish Institute for Information on Educational Aids, pay particular attention to such matters in its investigatory activities. COLLEGE EDUCATION We have examined a number of different educational courses at college level which are of major importance in the task of improving the situation of homosexuals. This may apply to education for professions which have a major role to play in modifying attitudes (e.g. the teaching profession) or those in which one may come into contact with homosexuals who require support and assistance (e.g. the medical and social welfare professions). A common feauture of all these educational courses is that the formulations of the objectives which steer the teaching content do not provide any direct guidance to the course boards when it come to education about homosexuality. There are however generally formulated statements about the importance of taking account of human beings and their needs in a broad sense. We have asked a large number of institutes of higher education about the extent to which they deal with questions of homosexuality on their courses. At the majority of these institutions this question is only dealt with if it is taken up by the students. We find such a situation very unsatisfactory, and the institutes of higher education must thus improve their teaching. A first step in this direction is, in our opinion, that the Office of Swedish Higher Eduction gathers together representatives from the institutes of higher education in order to discuss which measures can and ought to be implemented. We also propose that the course boards, in establishing local plans and curricula, also include homosexuality as a separate teaching topic. Also in respect of higher education, we consider the participation of homosexuals to be of vital importance. However, in the present situation such participation is relatively rare, for which reason the institutes of higher education ought to seek to alter this state of affairs. OTHER EDUCATION We have also taken up a number of other educational courses which have a bearing on the homosexuals' situation. This relates primarily to training courses for the police, professional officer corps and certain categories of central government staff. These training courses also require more extensive teaching about homosexuality and the situation of homosexuals. RESEARCH In present-day Sweden research into the situation of homosexuals is virtually non-existent. We thus consider it important that such research is strengthened, and that it should concentrate, in the first instance, on such areas of the subject as the homosexuals' situation, "homophobia" and homosexuals' history. Other issues may also prove interesting however, and here we point out that it should be possible to expand the investigation into the church's view of homosexuality undertaken by Holsten Fagerberg et alia. The knowledge which society would acquire from an increased commitment to research would also facilitate an understanding of homosexuality and the problems which homosexuals can encounter. Since we consider it vital to expand research into the situation of homosexuals, we propose that the Coordinating Board of the Swedish Research Council be charged with initiating research projects in these fields. The Board should also undertake measures to encourage research into homosexuality. CULTURE After a review of the most important forms of social support for different cultural activities, we found that items featuring homosexuality are very infrequent or totally absent. Such a state of affairs helps to maintain the silence surrounding homosexuality. We have thus considered proposing a special form of support for homosexuals' cultural manifestations, but rejected such an approach since it would conflict with those principles which now apply within the field of culture. Instead, we point to the cultural policy objectives laid down by the Swedish Parliament which include the fact such a policy must be evolved with regard to the experience and needs of neglected groups. It is thus a common responsibility for cultural organs which investigate, grant funds and play an active role to contribute towards a better fulfilment of goals in this respects. We lay particular emphasis on the major responsibility of the public libraries in the matter of adapting their activities so that they also take homosexual needs into account. INFORMATION In order to obtain a picture of how information about homosexuality is absorbed outside the school framework, we have examined the activities which are being undertaken by such bodies as the National Swedish Social Welfare Board, the County Councils, leisure centres and the various companies that belong to the Swedish Broadcasting Corporation. In the case of the activities undertaken by the National Swedish Social Welfare and the County Councils, these have been most frequently motivated from the perspective of abortion prevention, which sometimes results in the loss of an all-embracing holistic view of different forms of cohabitation. This applies to a large extent to the material which has been produced by the National Swedish Welfare Board, and we criticise it for having virtually neglected the situation of homosexuals in its information activities. We therefore propose that the Board be commissioned to elaborate a plan as to how its information can be improved with respect to the situation of homosexuals. In order to improve government information generally in matters which may touch on homosexuals, we also propose that central directives be issued in which government bodies and agencies are reminded of their obligation to pay attention to the situation of homosexuals as well, in relevant instances, int their information activities. The Swedish Broadcasting Corporation and its subsidiary companies are also important instruments for the improvement of the situation of homosexuals. We thus consider it urgent that the number of programmes with a homosexual content be raised. Such programmes are not of value solely to homosexuals but can also contribute towards breaking the silence surrounding homosexuality and should be the concern also of those who are not homosexuals. HEALTH MATTERS In recent years questions relating to the special health problems of male homosexuals have attracted attention. We have thus studied the illness pattern of homosexuals in some detail, but have also attempted to relate these questions to a holistic perspective and for this reason also relate the experiences of homosexuals, sometimes of a negative nature, in their contacts with the health services. We thus find that medical and nursing personnel, not least in primary care, must have such training and experience that they will be able to give homosexual patients fully acceptable care and correct treatment. It is important that needs for increased knowledge and understanding of homosexual matters are taken into account in the training of medical and nursing personnel. In some localities separate health care clinics have been established for homosexuals. In our opinion such a course of action should also be considered by other health authorities, if preconditions for this exist. SUPPORT FOR HOMOSEXUALS' ORGANISATIONS Homosexual organisations have a diverse and extensive range of activities, and these organisations play a major role not only for individual homosexuals, but also for their situation in society as a whole. In our opinion it would be a major step in the efforts to abolish discrimination of homosexuals if the activities of their organisations were given social support. We thus propose that special support be granted to organisations which operate on a nationwide basis. In the section relating to cost estimates we have assumed that this support should be in the region of 500,000 SEK. CONTINUING MEASURES Many of the measures which we have proposed are spread among different public authorities, and sometimes among several departments of the same agency. There is thus a risk that the requisite measures will be split, and not be as effective as we had assumed. We therefore propose that the National Swedish Board for Social Welfare be given overall responsibility for monitoring matters relating to the situation of homosexuals. This responsibility will also, however, include such tasks as normally fall outside the Board's jurisdiction, and in such cases questions of coordination can be solved by the other authorities involved designating special liaison officers. Better monitoring of questions relating to the situation of homosexuality is also needed within the Swedish Government Office, and here we also propose that a special official be allocated responsibility for keeping a close watch an any matters of relevance to homosexuals.