LGBTQ rights in Guernsey | |
---|---|
Status | Legal since 1983, age of consent equal since 2012 |
Gender identity | Transgender people can legally change gender since 2007 |
Military | UK responsible for defence |
Discrimination protections | Protections for gender identity ("gender reassignment") since 2005. Protections for sexual orientation effective from 1 October 2023. [1] |
Family rights | |
Recognition of relationships | Same-sex marriage in Guernsey since 2017; in Alderney since 2018; and Sark since 2020 [2] [3] |
Adoption | Full adoption rights since 2017 |
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Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Guernsey have improved significantly in the past decades. Same-sex sexual activity for both men and women is legal in Guernsey. Same-sex marriage has been legal since 2 May 2017 in Guernsey, and since 14 June 2018 in its dependency, Alderney. Legislation approving the legalisation of same-sex marriage in its other dependency, Sark was given royal assent on 11 March 2020. [3] Guernsey is the only part of the British Isles to have never enacted civil partnership legislation, though civil partnerships performed in the United Kingdom were recognised for succession purposes. Since April 2017, same-sex couples can adopt in the entire Bailiwick. Discrimination based on sexual orientation and gender identity has been banned since 2004. Transgender people have been able to legally change gender since 2007.
Prior to 1983, same-sex sexual activity was illegal; after decriminalisation, the age of consent was set at 21 (in line with the UK at that time). [4] In 2000, the age of consent for male same-sex sexual acts was lowered to 18. [5] In 2010, the States of Guernsey backed, in principle, a proposal to equalise the age of consent at 16. [6] [7] Legislation to this effect was approved in 2011 and took effect on 5 November 2012. [8] [9] [10] However, Guernsey retains some specific male homosexual offences in its criminal law, including a ban on homosexual sexual acts not conducted in private. [10]
Guernsey has recognised civil partnerships performed in the United Kingdom and other relationships treated as such by UK law for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012. [11] [12] [13] A proposal to abolish state-sanctioned marriages in favour of a Union Civile (for both opposite-sex and same-sex couples) was rejected by the States in favour of a same-sex marriage law in December 2015. [14]
In December 2015, the States of Guernsey approved a motion to legalise same-sex marriage by a vote of 37–7. [14] A bill legalising same-sex marriage was drafted and formally approved by the States on 21 September 2016. [15] It received royal assent later that year and went into effect on 2 May 2017. [16]
The law did not apply to Alderney and Sark. Alderney previously recognised same-sex marriages from abroad for certain purposes (i.e. inheritance). On 18 October 2017, the States of Alderney voted 9-0 in favour of same-sex marriage. [17] The law received royal assent 13 December 2017, [18] and went into effect on 14 June 2018. [19] [20] [21]
In December 2019 the Chief Pleas of Sark passed a bill legalising same-sex marriage. [22] Royal assent was granted in March 2020 and the law came into effect on 23 April 2020. [23]
In January 2022, the Methodist church of Sark allow for the recognition and practice of same-sex marriage effective immediately with a motion passed at an annual conference. Both the Anglican church and the Catholic church are legally prohibited and banned from both Sark law and Canon law regarding same-sex marriage. [24]
In 2004 a law was passed that would allow the States of Guernsey to pass Ordinances on the topic of discrimination, including sexual orientation and gender identity. [25] In 2005 was used to ban discrimination based on gender identity, as part of the Sex Discrimination (Employment) (Guernsey) Ordinance, 2005. [26] As of 2020, however, no equivalent Ordinance has been passed to specifically outlaw discrimination on the basis of sexual orientation.[ citation needed ]
Anti-discrimination protections that cover sexual orientation and gender identity have existed in child welfare proceedings in Guernsey and Alderney since 2008 [27] and in Sark since 2016. [28]
In September 2022, the Guernsey lawmaking body passed an extensive anti-discrimination bill into law voted unanimously (33-0) - to explicitly include "sexual orientation". All amendments were rejected regarding exemptions for small businesses with 5 employees or less and religious affiliations. [1] The legislation will formally go into effect from 1 October 2023. [29]
Lesbian couples can access IVF and artificial insemination since 2009. [30]
In May 2015, Guernsey's Chief Minister announced that a review of the Adoption (Guernsey) Law, 1960 which barred unmarried couples from jointly adopting was scheduled for 24 June 2015. [31] The Chief Minister hoped to extend full adoption rights to couples in overseas civil partnerships and unmarried couples who have lived together for some time. [32] [33] On 24 June 2015, the States of Guernsey agreed by a vote of 38 to 2 to bring about changes to its adoption law. [34] [35] [36]
Since April 2017, same-sex couples can jointly adopt in Guernsey. The Population Management (Guernsey) Law, 2016, which took effect on 3 April, contains provisions allowing same-sex couples who are married, in a civil partnership or in a "subsisting relationship akin to marriage or civil partnership" to adopt. [37] [38] The law only applies to the island of Guernsey. However, adoption applications from Alderney and Sark are dealt with in Guernsey courts, as such same-sex adoption is legal in the entire Bailiwick. [39]
Since 2007, transgender people can legally change their gender on their birth certificates. However, Guernsey law only allows a new birth certificate to be issued, it does not amend or remove records from existing birth certificates. [30] [40]
Gay and bisexual men have been allowed to donate blood, provided they haven't had sex in a year, since 2011. [41]
In June 2021, it is proposed that the Channel Islands will be implementing the "UK-model on risk based assessments" of blood donation. It is not clear on when the policy goes into effect yet. [42]
Liberate is the only organisation in the Channel Islands that represents the local LGBT community. It was established in February 2014 with the aim to "include, inform and support the local LGBTQ community", as well as to reform discriminatory laws in the Bailiwick. [43]
Same-sex sexual activity legal | (Since 1984) |
Equal age of consent (16) | (Since 2012) |
Anti-discrimination laws in employment only | (Since 2004, for gender identity; since 2023 for sexual orientation) |
Anti-discrimination laws in the provision of goods and services | (Powers to outlaw this have existed since 2004 but have not been used) |
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (In some areas, e.g. child welfare proceedings) |
Same-sex marriage | (Since 2017 in Guernsey, 2018 in Alderney, and 2020 in Sark) [44] [3] |
Recognition of same-sex couples | (Since 2012 in Guernsey, 2016 in Alderney, and 2020 in Sark) [44] |
Stepchild adoption by same-sex couples | (Since 2017) |
Joint adoption by same-sex couples | (Since 2017) |
LGBTQ persons allowed to serve openly in the military | (UK responsible for defence) |
Right to change legal gender | (Since 2007) |
Access to IVF for lesbian couples | (Since 2009) |
Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well) |
MSMs allowed to donate blood | / (1 year deferral period) |
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) 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.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Iceland rank among the highest in the world. Icelandic culture is generally tolerant towards homosexuality and transgender individuals, and Reykjavík has a visible LGBT community. Iceland ranked first on the Equaldex Equality Index in 2023, and second after Malta according to ILGA-Europe's 2024 LGBT rights ranking, indicating it is one of the safest nations for LGBT people in Europe. Conversion therapy in Iceland has been illegal since 2023.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.
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. LGBTQ 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).
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.
Same-sex marriage has been legal in Jersey since 1 July 2018. The States Assembly passed a bill allowing same-sex couples to marry on 1 February 2018. Royal assent was granted on 23 May 2018, and the law took effect on 1 July. Jersey followed the other Crown Dependencies of the United Kingdom in legalising same-sex marriage, after the Isle of Man in 2016 and Guernsey in 2017.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bermuda, a British Overseas Territory, face legal challenges not experienced by non-LGBT residents. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being homophobic and intolerant. Since 2013, the Human Rights Act has prohibited discrimination on the basis of sexual orientation.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Michigan enjoy the same rights as non-LGBTQ people. Michigan in June 2024 was ranked "the most welcoming U.S. state for LGBT individuals". Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.
The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBTQ people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria, New South Wales and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of Akrotiri and Dhekelia enjoy most of the same rights as non-LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in the British Overseas Territory of the Pitcairn Islands enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on sexual orientation is constitutionally outlawed and same-sex marriage has been legal since 14 May 2015.
Same-sex marriage is legal in all parts of the Bailiwick of Guernsey, a Crown Dependency of the United Kingdom. Legislation to open marriage to same-sex couples in Guernsey was passed by the States of Guernsey on 21 September 2016, and took effect on 2 May 2017. Same-sex marriage laws took effect in Alderney on 14 June 2018, and Sark on 23 April 2020.
This is a list of notable events in the history of LGBT rights that took place in the year 2016.
This is a list of notable events in the history of LGBT rights that took place in the year 2017.
This is a list of notable events in LGBT rights that took place in the 2010s.
This is a list of notable events in the history of LGBT rights that took place in the year 2020.