Something is Rotten in Iceland

Eldur Smári Kristinsson of the Lesbian and Gay Alliance in Iceland faces prosecution for calling out trans ideology

Eldur Smári Kristinsson, a well-known Icelandic gay rights activist and writer, is facing a third round of criminal prosecution under Article 233(a) of the Icelandic Penal Code, a provision that prohibits publicly ridiculing, slandering, insulting, threatening, or inciting hatred against individuals on the basis of characteristics such as race, religion, sexual orientation, or gender identity.

The charges stem from a series of social media posts in which Kristinsson voiced concern about certain aspects of contemporary gender identity ideology, particularly its medicalisation and its potential consequences for children. Among the topics he addressed were the ethics of chemically inducing lactation in males, the safeguarding implications of self-identification policies, and what he sees as a growing tension between gender identity advocacy and child welfare. These views, while polarizing to some, fall within the bounds of legally protected speech in many democratic societies, particularly where robust free expression is considered a cornerstone of human rights.

The current case was reportedly initiated following a complaint by Samtökin '78, the National Queer Association of Iceland, which holds a position in Iceland similar to that of Stonewall in the United Kingdom. Critics of the prosecution argue that it represents a troubling use of hate speech laws to silence dissent within the LGBTQ+ community itself. They note that Kristinsson, a gay man, is being criminally sanctioned not for inciting violence or hatred, but for expressing legitimate concerns about policy and medical ethics.

Legal commentator Dennis Noel Kavanagh has described the case as a “war of attrition,” suggesting that the repeated prosecutions appear designed to wear down Kristinsson emotionally and financially. He argues that such a process would likely be rejected in jurisdictions with more clearly defined free speech protections and greater judicial safeguards against vexatious litigation.

In response, supporters of Kristinsson have launched a GoFundMe campaign to help cover his mounting legal costs. Many see his case as a bellwether for free expression in Iceland and an alarming example of what can happen when public debate on sensitive topics is policed through criminal law.

For those who believe in the importance of pluralism within LGBTQ+ activism, and the right to challenge prevailing orthodoxies without fear of criminal reprisal—Kristinsson’s case is a poignant and urgent reminder of how fragile those freedoms can be.

Eldur will be speaking at our 5th The Bigger Picture Conference in Albuquerque, New Mexico, on September 27-28, 2025.

See Eldur’s Speech from the Bigger Picture Conference

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