Abstract

This article seeks to explain changes in Dutch policies regarding the rights of homosexual immigrants. In the period 1945-1992 policies changed fundamentally. As this article will show, existing theories do not fully explain why policies regarding homosexual foreigners changed. The most striking aspect of the policy changes was the casualness with which decision were taken, and the long time that passed before the consequences of decisions sank in. Although the number of homosexual foreigners coming to the Netherlands was never large, their migration was always highly contested: response to their claims was a key part of how the nation defined itself, both now and in the past. This article shows how discussions about the right to refugee status for homosexual foreigners evolved from debates about the right of homosexual migrants to come within the framework of labour migration or family migration (right to live with your partner). Policies changed – this article argues - because this issue was not at the heart of policy fields (labour migration, family migration, refugee migration) but rather at the points where policy fields intersected, which made foreseeing consequences more difficult.

Highlights

  • When in 2001, Dutch authorities allowed homosexuals to marry, the Netherlands was the first country in the world to do so

  • This article shows how discussions about the right to refugee status for homosexual foreigners evolved from debates about the right of homosexual migrants to come within the framework of labour migration or family migration

  • This article analysed when and why Dutch policies regarding homosexual immigrants changed in the period 1945-1992

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Summary

Introduction

When in 2001, Dutch authorities allowed homosexuals to marry, the Netherlands was the first country in the world to do so. Since 1945, there have been important changes in Dutch immigrant policies towards homosexuals. The Mattachine Foundation tried to do that, seeking to influence policies via legal, medical, and psychiatric professionals It campaigned mostly for rights for those already in the US, rather than for more liberal immigration policies.[22] In 1952, the McCarran-Walter Act continued the exclusion of homosexuals, labelling them ‘psychopathic personalities’. Éric Fassin and Manuela Salcedo have paid attention to the construction of the category of ‘the homosexual’ in immigration poli­ cies, but without addressing actual policy changes.[25] Tracy Simmons and Carl Stychin focussed on recent changes regarding family migration, and the rights of homosexual migrants.[26] Saskia Bonjour and Sa­ rah van Walsum discussed changes in Dutch family migration policies and how this affected the immigration of homosexuals.[27] As will be discussed below, each of them provided different explanations for ­changes. Hofmeester (eds.), Handbook global history of work (Oldenbourg 2017) 443-478

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Conclusion
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