LGBT rights in Estonia
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Lesbian, gay, bisexual, and transgender (LGBT) rights in Estonia have evolved significantly during the 21st century. Both male and female same-sex sexual activity are legal in
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
. Since 1 January 2016, same-sex couples may register their relationship as a cohabitation agreement, which gives them the same legal protections available to opposite-sex couples. A marriage equality bill was passed on 20 June 2023, which means that same-sex couples will be able to marry and jointly adopt. It will take effect on 1 January 2024. Estonia will also be the first and currently only Baltic country and former Soviet-occupied state to legalize same-sex marriage. Among the countries which after
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
were controlled by the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
, independent Estonia is now considered to be one of the most
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
when it comes to LGBT rights. Acceptance of LGBT people has grown significantly since the early 21st century, though there is a notable age gap, as younger people tend to be more tolerant and liberal, while older people tend to be more
socially conservative Social conservatism is a political philosophy and variety of conservatism which places emphasis on traditional power structures over social pluralism. Social conservatives organize in favor of duty, traditional values and social institution ...
. According to
ILGA-Europe ILGA-Europe is the European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association. It is an advocacy group promoting the interests of lesbian, gay, bisexual, trans and intersex (LGBTI) people, at the European level. I ...
's 2023 Rainbow Europe Index, Estonia ranks 25th among 49 countries in Europe on LGBT rights legislation. This is lower than the neighbouring countries of
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
or
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, but higher than the two neighbouring Baltic states of
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
and
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
, and significantly higher than
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. A 2023 opinion survey found that 75% of the Estonian population supported an
anti-discrimination law Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws ...
covering LGBT people, 53% supported
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
, whilst 71% supported
civil partnerships A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
for same-sex couples.


Laws regarding same-sex sexual activity

Estonia was relatively liberal and open during the first period of independence from the 1920s to the 1930s. Same-sex sexual activity between consenting males, which until 1917 had been illegal in the former
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. ...
, was formally legalised in the newly independent Republic of Estonia when the country's parliament approved changes in the criminal code in 1929. It came into force in 1935. Before the adoption of the new criminal law, the criminal and correctional penal code of Imperial Russia was observed. In 1940, Estonia was occupied and annexed by the Soviet Union, then by
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
in 1941, and ultimately re-occupied in 1944 by the Soviets. In Soviet-occupied Estonia, same-sex sexual activity between males was a
criminal offense In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
under paragraph 118 of the penal code. At least 67 court cases and 155 men convicted under the law are known. After Estonia restored its independence on 20 August 1991, it was made legal again on 1 June 1992. In 2002, the
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
was set at 14 years and equalized for both homosexual and heterosexual sex. In 2022, the age of consent was raised to 16 years.


Recognition of same-sex relationships


Cohabitation agreements

In March 2014, a parliamentary group began to work on a draft bill to regulate the legal status of cohabiting couples. The draft bill was submitted to the Parliament (
Riigikogu The Riigikogu (; from Estonian ''riigi-'', of the state, and ''kogu'', assembly) is the unicameral parliament of Estonia. In addition to approving legislation, the Parliament appoints high officials, including the Prime Minister and Chief Jus ...
) on 17 April 2014. On 22 May, the bill was backed by the Government. On 19 June 2014, the Parliament rejected a motion to kill the bill, in a 32–45 vote. The bill's second reading took place on 8 October where a motion to hold a referendum on the issue was defeated in a 35–42 vote and another motion to kill the bill was defeated in a 41–33 vote. The bill's final vote took place on 9 October, where it was passed 40–38. It was signed into law by President
Toomas Hendrik Ilves Toomas Hendrik Ilves (; born 26 December 1953) is an Estonian politician who served as the fourth president of Estonia from 2006 until 2016. Ilves worked as a diplomat and journalist, and he was the leader of the Social Democratic Party in the ...
that same day, becoming the ''Registered Partnership Act'', and took effect on 1 January 2016. The campaign against the law was led by the Christian conservative foundation For Family and Tradition ( et, SA Perekonna ja Traditsiooni Kaitseks). However, some implementing acts required for the law to enter into force were not passed at the time. On 26 November 2015, Parliament approved the first implementing acts on a vote of 42–41 with several abstentions. In February 2017, the Tallinn Administrative Court ordered the Estonian Government to pay monetary damages for failing to adopt the implementing acts. In September 2017, President
Kersti Kaljulaid Kersti Kaljulaid (; born 30 December 1969) is an Estonian politician who served as the fifth president of Estonia between 2016 and 2021. She was also the first and only female head of state of Estonia since the country declared independence in ...
criticised the Parliament for failing to accept the implementing acts. In April 2023, the incoming government pledged to adopt the implementing provisions for the Registered Partnership Act. With the changes to the Family Law Act on 20 June 2023, the implementing provisions for the Act were also fully implemented.


Same-sex marriages performed abroad or after sex reassignment

A same-sex marriage was recognised by a court in December 2016. The couple, two men who had originally married in
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
but now live in Estonia, had their marriage officially registered in late January 2017. Initially, a court in
Harju County Harju County ( et, Harju maakond or ''Harjumaa''), is one of the fifteen counties of Estonia. It is situated in Northern Estonia, on the southern coast of the Gulf of Finland, and borders Lääne-Viru County to the east, Järva County to the sou ...
refused to register their marriage, but the couple appealed the decision. In December, the Tallinn Circuit Court ruled that the marriage must be entered into the Estonian population register. In December 2021, the
Ministry of the Interior An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...
confirmed that transgender people can change their legal sex while remaining married. Changes made to the Family Law Act in July 2014 permitted them to petition the court to annul such a marriage, but the Ministry had no obligation to do so. If the spouses met the preconditions for entering into a marriage at the time of marriage, then it was not automatically an invalid marriage. By 2021, there were already several couples in Estonia whose marriage had turned into a same-sex marriage as a result of the sex reassignment of one spouse. A spokesman for the Ministry said, "during the last five or six years, significant changes have taken place in society, as a result of which it can no longer be said that the marriage of a same-sex couple is contrary to Estonian public order."


Marriage equality

On 8 April 2023, the incoming government of the Reform Party, Estonia 200 and the Social Democratic Party, formed following the March 2023 election, published a coalition agreement, including a promise to legalize same-sex marriage by changing the ''Family Law Act'' (
Estonian Estonian may refer to: * Something of, from, or related to Estonia, a country in the Baltic region in northern Europe * Estonians, people from Estonia, or of Estonian descent * Estonian language * Estonian cuisine * Estonian culture See also

...
: ''Perekonnaseadus'') to define marriage as between two adults. The government approved a draft same-sex marriage bill in May 2023 and sent it to the Riigikogu on May 15. It was approved at first reading on May 22, with a motion to kill the bill failing 27–53 and the bill moving on to the second reading. It passed the second reading 55–34 on 20 June, before being signed into law by president
Alar Karis Alar Karis (; born 26 March 1958) is an Estonian Molecular genetics, molecular geneticist, Developmental biology, developmental biologist, civil servant and politician who, since 11 October 2021, has served as the sixth President of Estonia. P ...
on 27 June. The bill will take effect 1 January 2024. It allows for same-sex couples to marry and jointly adopt. In response to the marriage equality bill being approved, the
Estonian Evangelical Lutheran Church The Estonian Evangelical Lutheran Church (EELC; Estonian: ''Eesti Evangeelne Luterlik Kirik'', abbreviated EELK) is a Lutheran church in Estonia. EELC is member of the Lutheran World Federation and belongs to the Community of Protestant Church ...
() has decided to stop registering any marriages, at least on a temporary basis. This decision was announced by archbishop
Urmas Viilma Urmas Viilma (born 13 August 1973) is an Estonian prelate and current archbishop of Tallinn and subsequently Primate of the Estonian Evangelical Lutheran Church. Biography Viilma was ordained a deacon on 2 May 1993 in St Michael's church in Ke ...
, head of the EELK, in July 2023. Minister of Social Protection Signe Riisalo said that the EELK and other churches were free to make their own decision. The church may forgo the right to register marriages once and for all, according to Viilma. Although marriage applications can no longer be submitted to clergy for marriages to be concluded from 2024, they can still be carried out at the civil registry office. In 2022, only six percent of marriages were registered by clergy, with the vast majority being registered by a local government official.


Adoption and family law

Single gay, lesbian and bisexual people may petition to adopt. Same-sex couples are allowed to foster. Same-sex couples can adopt jointly since 2024. Due to the Registered Partnership Act, couples are allowed to adopt stepchildren since 2016. In February 2017, the Tallinn Administrative Court allowed a lesbian woman to adopt her partner's children. There have been other cases of same-sex couples successfully adopting. Additionally, lesbian couples have access to
IVF In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) fr ...
.


Discrimination protections


Sexual orientation and gender identity

As an obligation for acceptance into the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, Estonia transposed an EU directive into its own laws banning discrimination based on sexual orientation in employment from 1 May 2004. The ''Equal Treatment Act'' ( et, Võrdse kohtlemise seadus), which entered into force on 1 January 2009, also prohibits discrimination on the basis of sexual orientation in employment, but not in the provision of goods and services.European Network of Legal Experts in the Non-Discrimination Field
Executive Summary: Estonia Country Report 2010
Since 2006, the ''Penal Code'' () has prohibited public incitement to hatred on the basis of sexual orientation. According to the Gender Equality and Equal Treatment Commissioner, the prohibition of discrimination on the grounds of sex and/or gender provided by the ''Gender Equality Act'' () since 1 May 2004 extends to transgender and
non-binary Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
individuals. According to the Act, direct discrimination based on sex () also means less favourable treatment of a person in connection with other circumstances related to gender (), as well as gender-based harassment and
sexual harassment Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
. An employer has no right to demand that an employee match a
gender stereotype A gender role, also known as a sex role, is a social role encompassing a range of behaviors and attitudes that are generally considered acceptable, appropriate, or desirable for a person based on that person's sex. Gender roles are usually cente ...
, such as a female employee wearing make-up, clothes, or jewelry that are generally considered to be feminine. This also applies to the
service sector The tertiary sector of the economy, generally known as the service sector, is the third of the three economic sectors in the three-sector model (also known as the economic cycle). The others are the primary sector (raw materials) and the second ...
. As such an employer cannot set barriers for a transgender employee in wearing clothes that match their gender identity. Thus a
transgender woman A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and som ...
may wear a dress in a work environment, and an employer cannot forbid them from doing so. If a person's
identity document An identity document (also called ID or colloquially as papers) is any documentation, document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID c ...
s or
diploma A diploma is a document awarded by an educational institution (such as a college or university) testifying the recipient has graduated by successfully completing their courses of studies. Historically, it has also referred to a charter or offici ...
do not match their appearance or gender identity, then they cannot be treated unfairly at a
job interview A job interview is an interview consisting of a conversation between a job applicant and a representative of an employer which is conducted to assess whether the applicant should be hired. Interviews are one of the most popularly used devices for ...
because of this. According to a series of interviews conducted with LGBT people in 2016, experiences in the workplace split mostly into two. On one hand, some have had no serious problems in their professional life. Their experiences have been more neutral or positive, such as a trans woman being backed by her superior when
coming out Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBT people's self-disclosure of their sexual orientation, romantic orientation, or gender identity. Framed and debated as a privacy issue, coming out of ...
. On the other hand, some emphasize their negative experiences or problems. Some feel the need to stay in the closet, because they fear a strong reaction from their colleague(s) or employer. Some report a situation at work where the topic is mutually avoided. Even in cases where LGBT people report having no troubles and an overall positive environment at work, they still recount having to navigate situations relating to their identity.


Hate speech

In June 2023, the government of Estonia approved a draft bill to explicitly ban hate speech based on both sexual orientation and gender identity. In the draft, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
has taken into consideration some of the substantive feedback received during the coordination round. The proposed legislation will be sent to the Riigikogu. According to the Estonian Human Rights Centre, incitement to hatred is already prohibited by paragraph 151 of the Penal Code, but using it in court is extraordinarily difficult due to the current wording. Only such activity which results in danger to the life, health or property of a person can be punished.


Gender identity and expression


History

A. Oinatski is said to be the first known openly transgender person in Estonia, during the
interwar period In the history of the 20th century, the interwar period lasted from 11 November 1918 to 1 September 1939 (20 years, 9 months, 21 days), the end of the World War I, First World War to the beginning of the World War II, Second World War. The in ...
. A journalist writing for the newspaper ''
Postimees ''Postimees'' () is an Estonian daily newspaper established on 5 June 1857, by Johann Voldemar Jannsen. In 1891, it became the first daily newspaper in Estonia. Its current editor-in-chief is Priit Hõbemägi. The paper has approximately 250 ...
'' in 1929 is confused on the point whether Oinatski is rather a young man in a dress trying to avoid
compulsory military service Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
, or a strange woman with entirely feminine speech and expression. In the same article, Oinatski describes themselves as a woman. They appeared under various pseudonyms. Many newspaper articles were written about them in the period from 1929 to 1934, mostly due to their various run-ins with the law, due to petty theft and fraud. This resulted in many stints in prison. Later they proceeded to return to living as a man at the end of the decade, and married. Gender reassignment was in essence already possible during the Soviet occupation, under regulation set out by the Ministry of Health of the USSR. This required a long stay in a
psychiatric hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...
, with no guarantee of success. Some applicants were simply sent back home after a period, others were given a diagnosis of
sluggish schizophrenia Sluggish schizophrenia or slow progressive schizophrenia (russian: вялотеку́щая шизофрени́я, translit=vyalotekushchaya shizofreniya) was a diagnostic category used in the Soviet Union to describe what was claimed to be a for ...
, few were able to actually transition. At least two Estonian
trans men A trans man is a man who was assigned female at birth. The label of transgender man is not always interchangeable with that of transsexual man, although the two labels are often used in this way. ''Transgender'' is an umbrella term that incl ...
are known to have done so in the late 1980s. Any surgical interventions were considered to be in bad taste by medical professionals, but were sometimes still performed. In the
Estonian SSR The Estonian SSR,, russian: Эстонская ССР officially the Estonian Soviet Socialist Republic,, russian: Эстонская Советская Социалистическая Республика was an ethnically based adminis ...
specifically, regulation dating from 1970 concerning "hermaphrodites" may have been the legal basis for transgender people to correct their legal data. On 6 April 1992, Kristel Regina became the first trans person in independent Estonia to legally correct her name and gender on her
birth certificate A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
. As a university student, she had previously requested and received information concerning transgender people from various university libraries in the West. She had then been meeting with doctors since 1990, who familiarised themselves with the research she had done. A medical expert committee was assembled to assess her case and allowed for gender reassignment. Changing legal data was viewed as a prerequisite to any
gender-affirming surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
, as it would have otherwise been considered
mutilation Mutilation or maiming (from the Latin: ''mutilus'') refers to severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunctional, or imper ...
. Such
surgery Surgery ''cheirourgikē'' (composed of χείρ, "hand", and ἔργον, "work"), via la, chirurgiae, meaning "hand work". is a medical specialty that uses operative manual and instrumental techniques on a person to investigate or treat a pat ...
was then also carried out afterwards, although the doctor who did so was later reprimanded. Her case received substantial coverage in the press. A tabloid newspaper said that she had been "born as a woman in the most unique way yet seen in Estonia", and congratulated her on finally receiving a feminine appearance to compliment her feminine being. Other articles provided a detailed background of her struggles. According to her, she first became aware of the possibility of gender reassignment after coming across an article in an
East German East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
magazine talking about
April Ashley April Ashley (29 April 1935 – 27 December 2021) was an English model. She was outed as a transgender woman by ''The Sunday People'' newspaper in 1961 and is one of the earliest British people known to have had sex reassignment surgery. Her ...
, in 1978. Other coverage was more lurid, prompting a columnist to chide the papers for sensationalising a person "suffering for nature's incomprehensible mistake", claiming that "a person being born a transsexual is in and of itself not anything sensational or especially unusual."


Current process

The process for gender reassignment was for the first time regulated by a decree of Minister of Social Affairs Tiiu Aro on 24 April 1997, on the ''Establishment of Mandatory Processes for Gender Reassignment'' (). Legal gender recognition is currently regulated by regulation concerning the ''Common Requirements for Medical Operations for Gender Reassignment'' (), in force since May 1999, and parts of the ''Vital Statistics Registration Act'' () which entered into force in January 2014. To begin the process of gender reassignment, a transgender person must submit an application to the
Ministry of Social Affairs A Ministry of Social Affairs or Department of Social Affairs is the common name for a government department found in Sovereign state, states where the government is divided into Ministry (government department), ministries or departments. While th ...
for the first appointment with the medical expert committee formed for this purpose. They will then receive a
ministerial decree A ministerial decree or ministerial order is a decree by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority ...
from the responsible Minister giving them permission to begin
hormone replacement therapy Hormone replacement therapy (HRT), also known as menopausal hormone therapy or postmenopausal hormone therapy, is a form of hormone therapy used to treat symptoms associated with female menopause. These symptoms can include hot flashes, vaginal ...
. Since February 2022, undergoing such therapy is no longer mandatory, neither is
genetic testing Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
. Surgical intervention is permitted one year after the issue of this directive, but has not been required since April 1997. There is also no requirement for
forced sterilization Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to Involuntary treatment, involuntarily Sterilization (medicine), sterilize a specific group of people. Sterilization removes a person's ca ...
. Minors have access to
puberty blocker Puberty blockers, also called puberty inhibitors or hormone blockers, are medicines used to postpone puberty in children. The most commonly used puberty blockers are gonadotropin-releasing hormone (GnRH) agonists, which suppress the production ...
s. Another application must be submitted to the Ministry for a second appointment with the committee in order for a person's legal data in the Population Register to be corrected. This generally takes place a year after the first appointment with the committee, not earlier. Changing one's
legal name A legal name is the name that identifies a person for legal, administrative and other official purposes. A person's legal birth name generally is the name of the person that was given for the purpose of registration of the birth and which then ap ...
may be possible before this, under the ''Names Act'' (). Afterwards, the decision of the committee together with a written application must be submitted to a county town local government (). The restoration of the gender at birth can be applied for in the same manner. Other data and vital statistics entries of the person are not changed.


Recent developments

A new committee was assembled in July 2021 by Minister of Health and Labour Tanel Kiik to replace the previous one in place since March 2000. It had disbanded itself in 2020, creating a situation where no medical or legal procedures were in practice accessible for people wanting to transition. The new committee relies on both
self-identification In the psychology of self, one's self-concept (also called self-construction, self-identity, self-perspective or self-structure) is a collection of beliefs about oneself. Generally, self-concept embodies the answer to the question ''"Who am I? ...
as well as a mental health diagnosis to make a judgement on whether a transition is appropriate. The stated goal of the committee is to help transgender people "function socially in accordance with their
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
", with them experiencing a state of both mental and physical well-being. In May 2023, Minister of Social Protection Signe Riisalo expressed an intent to amend the current process of legal gender recognition, saying that a person's right to change their legal data should be based on self-identification. This sentiment is also held by the chairman of the current medical expert committee, Dr. Kai Haldre. According to Minister of Health
Riina Sikkut Riina Sikkut (born 12 January 1983) is an Estonian politician. She serves as Minister of Economic Affairs and Infrastructure in the second cabinet of Prime Minister Kaja Kallas. She also served as Minister of Health and Labour in Jüri Ratas' ...
, the matter could be debated in the autumn at the earliest. According to Dr. Haldre and her colleagues, making the process less bureaucratic would free up resources for those who desire medical intervention. She states that non-binary people should be able to mark their gender correctly on
identity document An identity document (also called ID or colloquially as papers) is any documentation, document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID c ...
s, and countries that allow this have not seen any negative effects. In the period between 1999 and 2021, a total of 186 people have begun the process of gender reassignment: 91
trans women A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and so ...
, and 95
trans men A trans man is a man who was assigned female at birth. The label of transgender man is not always interchangeable with that of transsexual man, although the two labels are often used in this way. ''Transgender'' is an umbrella term that incl ...
. Since the medical expert committee reconvened in early 2022, it has seen around a hundred applicants.


Military service

Lesbian, gay, bisexual, and transgender people are allowed to serve openly in the military.


Living conditions


Community organization

Although male homosexuality was illegal until the end of the Soviet occupation in 1991, already in the 1980s, Kastani bar was popular among gay people during the nighttime. There was also at least one cruising area in both Tallinn and Tartu, though outside of these two cities, the gay scene was invisible. The first
gay bar A gay bar is a drinking establishment that caters to an exclusively or predominantly lesbian, gay, bisexual, and transgender (LGBT) clientele; the term ''gay'' is used as a broadly inclusive concept for LGBT communities. Gay bars once served as ...
in independent Estonia, Pika Kelder, was opened in April 1993, intended mainly for women. X-Baar is the oldest continuously operating LGBT bar and community space in both the
Baltic states The Baltic states, et, Balti riigid or the Baltic countries is a geopolitical term, which currently is used to group three countries: Estonia, Latvia, and Lithuania. All three countries are members of NATO, the European Union, the Eurozone, ...
and Estonia, and perhaps the most beloved. It opened on 14 June 1998 as a gay bar, before being bought by its late owner, Sirje Atso. Most recently, a
queer ''Queer'' is an umbrella term for people who are not heterosexual or cisgender. Originally meaning or , ''queer'' came to be used pejoratively against those with same-sex desires or relationships in the late 19th century. Beginning in the lat ...
community bar, Hungr, was opened in April 2023, in Tallinn, aiming to provide a modern, inclusive, and safe space for LGBT people and their friends. The first conference dedicated to sexual minorities took place in Tallinn in May 1990, leading to the founding of the Estonian Lesbian Union () on 13 October of the same year. One of the key organizers was Lilian Kotter, who had spoken at the conference. It was the first LGBT association in independent Estonia. It had a monthly
newsletter A newsletter is a printed or electronic report containing news concerning the activities of a business or an organization that is sent to its members, customers, employees or other subscribers. Newsletters generally contain one main topic of int ...
for members, and in December 1992, the Lesbian Union also set up a
helpline A helpline, or switchboard, is a telephone service which offers help to those who call. Many helpline services now offer more than telephone support - offering access to information, advice or customer service via telephone, email, web or SMS. ...
. While it also had the political ambition of trying to change the attitude of society towards sexual minorities, the main focus was on organizing the fledgling community through various events. These mainly catered to lesbian and
bisexual Bisexuality is a romantic or sexual attraction or behavior toward both males and females, or to more than one gender. It may also be defined to include romantic or sexual attraction to people regardless of their sex or gender identity, whi ...
women, transgender people were also accepted. The Lesbian Union was also the driving force behind opening the Pika Kelder bar. These visible activities were a major factor in people having the courage to come out of the closet. The Estonian Lesbian Union was also a role model for the first association for transgender people in Estonia, Gendy. It was founded on 8 August 1993 and provided a
support group In a support group, members provide each other with various types of help, usually nonprofessional and nonmaterial, for a particular shared, usually burdensome, characteristic. Members with the same issues can come together for sharing coping str ...
for trans individuals. Both organizations were tightly knit, as it was possible to contact Gendy through the Union, with them also distributing information about their activities. Gendy activists also answered questions relating to trans issues through their helpline, once a month. Gendy did not organize any events of its own. The first association specifically for
gay men Gay men are male homosexuals. Some bisexual and homoromantic men may also dually identify as gay, and a number of young gay men also identify as queer. Historically, gay men have been referred to by a number of different terms, including ' ...
was the Estonian Gay Union (), founded on 2 May 1992. The aim of the organization was to create opportunities for men to socialize between themselves, do
HIV/AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
prevention work, and perform outreach work on issues related to
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
. This was focused on spreading awareness and better educating the public about gay issues, dispelling negative stereotypes, as well as encouraging gay men to come out of the closet. The Gay Union also ran a helpline as well as community events, but did not open their own bar. AIDS prevention work included handing out free condoms as well as informational leaflets. The Estonian LGBT Association () is the main representative for LGBT citizens in the present day, having been founded in 2008 as the Estonian Gay Youth (). There also exists an organization specifically for trans and non-binary people, the Estonian Association for Transgender People (), having grown out of a podcast, founded in 2022.


Pride parades

Annual
Pride parade A pride parade (also known as pride march, pride event, or pride festival) is an outdoor event celebrating lesbian, gay, bisexual, transgender, and queer culture, queer (LGBTQ) social and self-acceptance, achievements, LGBT rights by country o ...
s had been organised in Tallinn since 2004. In an incident in 2007, some of the parade's participants were verbally and physically attacked by anti-gay protesters. After the 2007 violent anti-gay attacks, no Tallinn Pride parade took place until 2017. Some 1,800 people attended the event in 2017. The pride parade also received the backing of numerous foreign embassies, including the American, British, French, German, Latvian and Lithuanian embassies, among many others. In June 2011, Estonia hosted Baltic Pride. Key speakers at the event included Riho Rahuoja, the Deputy Secretary General for Social Policy at the Ministry of Social Affairs; Christian Veske, the Chief Specialist in the Ministry's Gender Equality Department; Kari Käsper, Project Manager of the "Diversity Enriches" campaign from the Estonian Human Rights Centre; Hanna Kannelmäe from the Estonian Gay Youth NGO; U.S. Ambassador to Estonia
Michael C. Polt Michael Christian Polt (born 1954) is an American diplomat. He served as the U.S. Ambassador to Estonia from 2009 to 2012 and as U.S. Ambassador to Serbia and Montenegro from 2004 to 2006 and its successor state Serbia from 2006 to 2007. Currentl ...
; British Ambassador to Estonia Peter Carter and British photographer Clare B. Dimyon, who exhibited "Proud of our Identity" at Tallinn's Solaris Centre on 31 March. "Proud of our Identity" comprises photographs of and by lesbian, gay, bisexual and transgender people taken at various Pride events throughout Europe, including photographs of Estonian LGBT people. Tallinn hosts Baltic Pride every three years, it most recently did so in 2023. 7000 people marched in the 2023 Baltic Pride parade. This included the speaker of the Riigikogu,
Lauri Hussar Lauri Hussar (born September 4, 1973) is an Estonian journalist. He was the editor-in-chief of ''Postimees'' 2016–2019. Since 15 October 2022 he is chairman of the party Estonia 200. Career Hussar studied theology at Tartu University from 199 ...
; the
Minister of Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
,
Margus Tsahkna Margus Tsahkna (born 13 April 1977) is an Estonian politician, one of the leaders of new liberal Estonia 200 party, former leader of the conservative Isamaa party, former Minister of Defence in Jüri Ratas' cabinet and Minister of Social Protectio ...
; Minister of Health, Riina Sikkut; Minister of Education and Research, Kristina Kallas; the Gender Equality and Equal Treatment Commissioner, Christian Veske; and representatives of
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
and multiple foreign embassies.


Social attitudes

Discrimination and prejudice against LGBT persons remain a significant problem in several parts of the Estonian society. In June 2006, Dutch Ambassador to Estonia Hans Glaubitz requested he be transferred to the Dutch consulate in Canada after he had reportedly been suffering from repeated homophobic and racial verbal abuse being hurled by some locals in Tallinn against his partner, an Afro-Cuban dancer Raúl García Lao. A statement subsequently released by the Estonian authorities stated that they "regretted the incidents very much". In February 2019, the LGBT association SevenBow, organizers of the Festheart LGBTI film festival, sued the
Rakvere Rakvere is a town in northern Estonia and the administrative centre of the Lääne-Viru ''maakond'' (county), 20 km south of the Gulf of Finland of the Baltic Sea. Rakvere is the 8th most populous urban area in Estonia. Rakvere has a tota ...
City Council for cutting their funding by 80%. The city's Cultural Affairs Committee initially endorsed the group's funding applications, but the City Council cut its funding to just a fifth of the applied sum. Lawyers argued that anti-gay views motivated the cutback. In May 2019, an administrative court ruled that the council's decision to provide less funding was unlawful. It ruled that the council had no justification to give a smaller grant to SevenBow. The court added that the council had also not raised an appropriate legal basis which would have allowed it to deviate from the decision drawn up by the Cultural Affairs Committee. On 11 June 2023, during a small speaking event organized by an association of gay Christians at the X-Baar, a visiting Finnish pastor and others were violently assaulted by a 25-year-old Estonian-speaking
Russian citizen Russian citizenship law details the conditions by which a person holds citizenship of Russia. The primary law governing citizenship requirements is the federal law "On Citizenship of the Russian Federation", which came into force on 1 July 2002. ...
in a
homophobic Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred or antipathy, m ...
hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
. The man yelled about God's wrath against homosexuals in Russian, punching the pastor in the face and stabbing a woman sitting next to him with a knife. The suspect was arrested by police at the scene after he was wrestled down by bar staff and spectators, and charged with a serious breach of public order. The man is previously known to police, as he had been fined for appearing in a public place on
Victory Day Victory Day is a commonly used name for public holidays in various countries, where it commemorates a nation's triumph over a hostile force in a war or the liberation of a country from hostile occupation. In many cases, multiple countries may ob ...
with prohibited insignia supporting Russia's invasion of Ukraine, for which he had been given a monetary fine. Minister of the Interior
Lauri Läänemets Lauri Läänemets (born 31 January 1983 in Tallinn) is an Estonian politician. He is currently Minister of Interior Affairs and was a member of XIV Riigikogu XIV Riigikogu is the fourteenth and current legislature of Estonian Parliament (Riig ...
confirmed that he can be deported from the country. He added that words have consequences when politicians or religious leaders "systematically belittle the rights and freedoms of a minority in their public speeches, sooner or later such thoughtless or, on the contrary, very well-thought-out opposing language can become a crime at the hands of some radicalized fanatics." On 14 July 2023, a Russian-speaking man who murdered a Jamaican trans woman whom he had met in a
Tallinn Old Town Tallinn Old Town ( et, Tallinna vanalinn) is the oldest part of Tallinn, Estonia. Old Town of Tallinn has managed to wholly preserve its structure of medieval and Hanseatic origin. Old Town represents an exceptionally intact 13th century city plan ...
bar in 2022 was sentenced to 12 years in jail. The judge gave the defendant a harsh sentence due to the severity of the crime, as she had been stabbed more than 34 times whilst trying to flee. The defense had argued for a lesser sentence, claiming that the attack was provoked by the victim. This was contradicted by the victim having to ask the man's friend to tell him that she was transgender, as the defendant does not speak any English. She also asked the defendant's friend whether the defendant was comfortable with intercourse a second time. The victim had fled from her native country in 2009 due to negative attitudes towards transgender people. She had been working as an escort, and was always open about her transgender identity and conscious about her safety.


Public opinion

According to a survey conducted in 2000, 50% of surveyed men and 63% of women agreed with the statement "Homosexuality among adults is a private affair of the people concerned with which officials of the law should in no way interfere"; 29% of men and 25% of women found it hard to say what their position was. A
Eurobarometer Eurobarometer is a series of public opinion surveys conducted regularly on behalf of the European Commission and other EU Institutions since 1973. These surveys address a wide variety of topical issues relating to the European Union throughout i ...
survey published in December 2006 showed that 21% of Estonians surveyed supported same-sex marriage and 14% supported the right of same-sex couples to adopt (EU-wide average: 44% and 33%, respectively). According to a
Eurobarometer Eurobarometer is a series of public opinion surveys conducted regularly on behalf of the European Commission and other EU Institutions since 1973. These surveys address a wide variety of topical issues relating to the European Union throughout i ...
survey published in 2008, only 13 percent of Estonians professed to have homosexual friends or acquaintances, compared to a 34 percent average in the EU. However, Estonians ranked higher than the European average in willingness to grant equal opportunities to sexual minorities. A poll conducted in June 2009 showed that 32% of Estonians believed that same-sex couples should have the same legal rights as opposite-sex couples. Support was 40% among young people, but only 6% among older people. A poll conducted in September 2012 found that 34% of Estonians supported same-sex marriage and 46% supported registered partnerships (in contrast to 60% and 45% that shared the opposing stance respectively). The poll found an ethnic divide: while 51% of ethnic Estonians supported registered partnerships, only 21% of ethnic Russians were of the same view. The same poll conducted in 2014 during the parliamentary debate on registered partnership revealed that the support dropped significantly with only 29% and 40% of respondents supporting same-sex marriage and registered partnership legislation respectively, and the level of opposition on both issues had increased to 64% and 54%. The 2015 Eurobarometer survey showed that 44% of Estonians supported gay, lesbian and bisexual people having the same equal rights as heterosexuals, while 45% were opposed. 40% of Estonians believed there is nothing wrong with homosexual relationships and 49% disagreed, while 31% of Estonians supported same-sex marriage and 58% were against it. A poll conducted between 28 March 2017 to 10 April 2017 found that, while support for same-sex registered partnership legislation was unchanged in three years (45% vs 46%), support for same-sex marriages had increased to 39% with 52% against (compared to 60% against in 2012 and 64% against in 2014). It also found that acceptance of homosexuality had increased from 34% in 2012 to 41% in 2017, with 52% against. At the same time, support for joint adoption rights remained unchanged with 66% opposing such legislation. A public opinion survey conducted in 2019 showed that 49% of Estonians supported same-sex registered partnerships and 39% opposed them. The 2019 Eurobarometer found that 41% of Estonians thought same-sex marriage should be allowed throughout Europe; 51% were against it. A public opinion survey conducted between 1 April 2021 to 18 April 2021 found that 53% of the respondents consider same-sex attraction completely or somewhat acceptable, 42% did not. 64% of respondents believed that someone who was born a man could identify as a woman (and vice versa), while 20% disagreed. 47% considered transgender people to be completely or somewhat acceptable, while 39% did not. In addition, 64% of respondents support or somewhat support the Registered Partnership Act, and 47% support same-sex marriages, with 46% against. A poll conducted in March 2023 by the Liberal Citizen Foundation () found that 44.9% of respondents were in favour of same-sex marriage (24.6% "fully" and 20.3% "somewhat") and 43.4% were against (29.3% "fully" and 14.1% "somewhat"). 11.7% did not answer. A poll conducted between 3 April 2023 and 12 April 2023 found that 56% of Estonians consider same-sex attraction completely or somewhat acceptable, 39% did not. 53% support same-sex marriage, with 39% opposed. 47% support adoption for married same-sex couples, with 44% opposed. 55% support a hate speech law, with 32% opposed. 71% support the Registered Partnership Act. 61% of respondents believed that someone who was born a man could identify as a woman (and vice versa), while 24% disagreed. 47% considered transgender people to be completely or somewhat acceptable, while 37% did not. A public opinion survey conducted between 18 May 2023 and 22 May 2023 found that 55% of Estonians (62% of ethnic Estonians and 41% of other nationalities) think that marriage equality provides all people with the same rights and responsibilities, without lessening the rights of anyone else. 37% do not agree with such a statement.


Summary table


See also

* Human rights in Estonia *
LGBT rights in Europe Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. Nineteen out of the 33 countries that have legalised same-sex marriage worldwide are situated in Europe. A further eleven European countries have leg ...
*
LGBT rights in the European Union LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have diff ...
* Same-sex marriage in Europe


References

{{DEFAULTSORT:Lgbt Rights in Estonia 1992 in law Sexuality in Estonia