Statutory Instrument | |
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Citation | SI 2008/1263 |
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Introduced by | Ruth Kelly |
Territorial extent | |
Dates | |
Made | 17 April 2007 |
Commencement | 30 April 2007 |
Other legislation | |
Made under | Equality Act 2006 |
Status: Revoked | |
Text of statute as originally enacted |
Part of a series on |
LGBT rights in the United Kingdom |
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The Equality Act (Sexual Orientation) Regulations 2007 was secondary legislation in the United Kingdom, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.
In 2010, these Regulations were written into the Equality Act 2010, meaning that they are no longer in force as a standalone piece of legislation. [1]
Provisions to outlaw discrimination on the grounds of religion or belief were already enshrined in the primary Equality Act 2006. However, the Labour Party had not originally wanted to prohibit discrimination against gays and lesbians. [2] The original Equality Bill, therefore, contained no clauses dealing with homophobic discrimination.
The legislation was made under powers granted by the Equality Act 2006. Sections 81 and 82 of the Equality Act gave the power to make regulations to the Secretary of State and the Office of the First Minister and Deputy First Minister of Northern Ireland, respectively. Regulations made under section 81 cover Great Britain (i.e., England and Wales and Scotland) whereas regulations made under section 82 extend to Northern Ireland.
As the Bill progressed through the House of Lords, amendments by the Lord Alli succeeded in forcing a Government concession; [3] the Labour MP Desmond Turner led a similar revolt in the Commons. [4]
However, it was by then too late to allow the new measures to be added substantively to the Bill. Instead, MPs and Peers agreed to delegate the drafting of regulations to a Government minister, which paved the way for a lengthy public consultation [5] [6] followed by months of Cabinet wrangling. [7] [8]
The text of the proposed regulations was first laid before Parliament on 7 March 2007. Some faith-based adoption agencies had stated that they would need to close if they were not given an opt-out from having to place children with homosexual couples, as that would be against their religious beliefs. In a statement released from 10 Downing Street on 29 January 2007, Tony Blair said he had considered their objections carefully, but in his view there was no place for discrimination. However, for existing adoption agencies there would be a transitional period, before the regulations come fully into force at the end of 2008. [9]
In the House of Commons, the regulations [10] were adopted by 309 votes to 99. [11] The votes against came mostly Conservatives, plus ten Labour Members (Joe Benton, Tom Clarke, Frank Cook, Jim Dobbin, David Drew, Peter Kilfoyle, Jim McGovern, Alan Meale, Geraldine Smith, and David Taylor), together with four Liberal Democrats (Alan Beith, Colin Breed, Tim Farron, and Bob Russell).
Twenty-nine Conservatives voted for the regulations (Desmond Swayne, James Duddridge, David Cameron, George Osborne, Crispin Blunt, Andrew Tyrie, Andrew Mackay, Nick Herbert, Hugo Swire, Francis Maude, Oliver Letwin, Patrick McLoughlin, Chris Grayling, Michael Gove, Andrew Mitchell, Alan Duncan, Michael Fabricant, Theresa Villiers, Graham Stuart, Andrew Lansley, Bill Wiggin, Peter Ainsworth, Robert Key, Tony Baldry, David Willetts, Nigel Evans, Jeremy Hunt, John Bercow and Eleanor Laing).
In the House of Lords, Peers approved the regulations by a majority of 46, [12] and the regulations came into force on 30 April 2007.
Guidance on the regulations was also issued by the Department for Communities and Local Government. [13]
Archbishop Vincent Nichols of Birmingham declared his opposition to the regulations, saying that they contradicted the Catholic Church's moral values. He supported efforts to have Catholic adoption agencies exempted from sexual orientation regulations, which were ultimately unsuccessful in a judgement given on 21 July 2010.[ citation needed ] Further to this, the House of Lords was still considering an exemption to the legislation that would let religious agencies abide by their belief-based proscriptions regarding the employment of active homosexuals.
The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 [14] were made on 8 November 2006 and laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000 [15] since the Northern Ireland Assembly was suspended. The regulations came into force on 1 January 2007.
Later in January 2007 there was an attempt to pass a motion to pray for an annulment of the regulations in the House of Lords. The resolution failed to pass by a margin of 199 to 68. [16]
In 2007, the Christian Institute (CI) and others sought a judicial review to overturn the Sexual Orientation Regulations in Northern Ireland. Mr Justice Weatherup rejected the CI's complaint, ruling that while a clause relating to harassment (a clause unique to the Northern Irish version of the Regulations) should be set aside, the remainder of the Regulations were to remain in force.
Desmond Stanley Turner is a British Labour Party politician who was the Member of Parliament (MP) for Brighton Kemptown from 1997 to 2010.
This is a list of notable events in the history of LGBT rights that took place in the year 2003.
The Christian Institute (CI) is a charity operating in the United Kingdom, promoting a conservative evangelical Christian viewpoint, founded on a belief in Biblical inerrancy. The CI is a registered charity. The group does not report numbers of staff, volunteers or members with only the former director, Colin Hart, listed as a representative. Hart died in March 2024, leaving the directorship vacant. According to the accounts and trustees annual report for the financial year ending 2017, the average head count of employees during the year was 48 (2016:46).
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 vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands. Those explicitly mentioned by the Equality Act 2006 include age; disability; sex; proposed, commenced or completed gender reassignment; race; religion or belief and sexual orientation. The changes it made were:
The Employment Equality Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.
The Equality Framework Directive2000/78/EC is an EU Directive, and a major part of EU labour law which aims to combat discrimination on grounds of disability, sexual orientation, religion or belief and age in the workplace. It accompanies the Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin and the Directive 2006/54/EC on equal treatment of men and women in matters of employment and occupation. It is implemented in the UK with the Equality Act 2010. Germany implemented the directive by creation of its General Act on Equal Treatment, Allgemeines Gleichbehandlungsgesetz (AGG).
Lesbian, gay, bisexual and transgender (LGBT) rights have evolved significantly in the past decades in the British Overseas Territory of Gibraltar. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The act specifically lists race, gender, sex, pregnancy, family responsibility or status, marital status, ethnic or social origin, HIV/AIDS status, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth as "prohibited grounds" for discrimination, but also contains criteria that courts may apply to determine which other characteristics are prohibited grounds. Employment discrimination is excluded from the ambit of the act because it is addressed by the Employment Equity Act, 1998. The act establishes the divisions of the High Court and designated Magistrates' Courts as "Equality Courts" to hear complaints of discrimination, hate speech and harassment.
The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Lesbian, gay, bisexual, and transgender (LGBT) people in Northern Ireland enjoy most of the same rights as non-LGBT people. However, the advancement of LGBT rights has traditionally been slower than the rest of the United Kingdom, with the region having lagged behind England, Scotland, and Wales. Northern Ireland was the last part of the United Kingdom where same-sex sexual activity was decriminalised, the last to implement a blood donation “monogamous no waiting period” policy system for men who have sex with men and, after intervention by the Parliament of the United Kingdom, the last to allow same-sex marriage. Compared to the neighbouring Republic of Ireland, all major LGBT rights milestones had been reached earlier in Northern Ireland, with the exception of same-sex marriage. Homosexuality was decriminalised in Northern Ireland a decade earlier and civil partnerships were introduced six years earlier.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Virginia enjoy the same rights as non-LGBT people. LGBT rights in the state are a recent occurrence with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.
The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.