Duncan Roberts: There is no doubt that significant progress has been made in the grand duchy in terms of rights and acceptance of the LGBTIQ+ community. But has the current government done enough in terms of legislation?
Corinne Cahen: I think we have done a lot, and I could list everything that we have achieved. But subjectively, it is not enough to say that all is okay because you think it’s okay. I notice again and again that it is not like that for everyone. And we have to talk about living together and inclusion. There is a world out there that is full of preconceptions, where parents push away children when they come out… a world of machoism. That just doesn’t exist in my world. So, it’s good to learn of examples, to have these things shown to you.
We introduced civil partnerships, and then marriage for same-sex couples, and recently extended parental leave to them as well.
But you won’t change mentality through legislation. We have to look further to try to do that, and if we can’t change people, then we have to ensure that the next generation does not have that mentality.
Nicolas Van Elsué: I think we can second that by a mile. The last 20 years have seen a lot of progress: the most important, as the minister said, are the Pax and marriage reform, but also an adoption law and the plan national since 2018, and the anti-discrimination law introduced in 1997. And, in 2001, we had the first collaboration between Rosa Lëtzebuerg and the ministry to create the Cigale counselling centre. The prohibition of hate speech to include sexual orientation and gender identity was certainly another big step forward. These have all helped the community to have a bigger voice and a place to address their concerns in a more official way.
Coming out is a very, very loaded term
As you’ve hinted, despite legislation to end discrimination and initiatives to promote equality, many people, especially the young, still face challenges. What can be done to actively support young people in coming out?
NVE: Coming out is a very, very loaded term. Before you were coming out ‘into’ the scene. But it has now completely turned around, so now you are ‘coming out’ to everyone else. Also, for many people, it is a process that never stops. With every new person you encounter in your life, you have to make the balance: ‘will I talk about everything or not?’ Sometimes, the situation is not clear. So if you have allies, people showing that they won’t judge you, that they are open, that they just want to know you as a person… that changes so, so much.
In international companies, it’s a bit different because they already have more adapted inclusion and diversity policies that come from abroad. For example, there is an LGBTIQ group in HSBC, and ING openly advocates for the community. But in more local companies or government institutions, it becomes a choice or a risk if you are coming out that might affect your career options.
CC: I think the associations have to speak up about what they need. And we must help young people to feel comfortable in schools… I always say that we need ambassadors for LGBTIQ who are not part of the community. I think it’s important that politicians who are not directly affected should stand up and fight for LGBTIQ rights, not just Xavier Bettel, Marc Angel and Etienne Schneider… but that is valid for the rights of others as well. I don’t have to be a wheelchair user to campaign against pavements being too high.
There has been some criticism from Rosa Lëtzebuerg over the revision of the Constitution and, in particular, that Article 11 is too vague in places and that the text still promotes the dual gender model…
CC: There is still work to do. We dropped a few places in the Rainbow Index because we don’t meet some of the new criteria… the legal introduction of a third gender option. The justice ministry is working on this. The same with operating on intersex children automatically as soon as they are born. But we have to say, these are subjects that are not so easy to handle… changing the Constitution won’t change attitudes.
NVE: Whether it is a third or more gender options is not clear at the moment. We would like more transparency. It takes time, but that is a bit counterproductive because by the time the laws are finally adopted, they are no longer really up to date. We live in a dynamic world, and things change.
CC: I know, from my own experience as a minister, that legislation takes a very long time. There is an inter-ministerial group, led by the minister of justice, working on the third-gender text. And she [Sam Tanson] has promised that a project will be introduced before the end of this legislature.
I think it’s important that we manage to allow everyone to live freely.
NVE: For us, it is more of a wish that a real demand… but we know that there is a gender spectrum, and allowing people to define themselves is important for their identity. One size does not fit all. But we are concerned that we are missing an opportunity, and if the Constitution is passed, it will cement the dual gender model for at least another generation.
CC: But the Constitution reform has been going on for what, 15 or 20 years… I understand the need for the change, but if I were given the choice I would [prefer] that everything works in real life than in the Constitution text. I think it’s important that we manage to allow everyone to live freely.
NVE: That probably works for most people, but there will always be those cases where people need the support [of the Constitution].
Another reason Luxembourg lost marks in the Rainbow Index is the fact that there has been no explicit ban on conversion therapy in Luxembourg…
CC: We are not aware that any such therapy is happening in Luxembourg. It doesn’t seem to be an acute problem in Luxembourg.
NVE: This is the problem. Just because it is not being reported doesn’t mean it’s not happening. But, for example, France and Germany both have laws forbidding conversion therapy, and the fear is that people may travel from those countries to Luxembourg to practise it. We shouldn’t wait for something to happen to enact a law that could help prevent it. Young people living in more conservative families need that assurance of having a law on paper.
Van Elsué discusses at length LGBTIQ+ issues in Luxembourg in the latest episode of Delano's podcast Newsmakers including how how straightnormativity has crept in the community. Tune in on , and to find out more about the LGBTI+ community in Luxembourg and the answer to the question: is Luxembourg Pride a protest or a celebration.