LGBTQ rights in Guernsey

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LGBTQ rights in Guernsey
Europe-Guernsey.svg
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

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.

Contents

Law regarding same-sex sexual activity

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]

Recognition of same-sex relationships

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]

Religious same-sex marriages

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]

Discrimination protections

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]

Adoption and parenting

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]

Gender identity and expression

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]

Blood donation

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]

Local LGBT charities and organisations

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]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1984)
Equal age of consent (16) Yes check.svg (Since 2012)
Anti-discrimination laws in employment only Yes check.svg (Since 2004, for gender identity; since 2023 for sexual orientation)
Anti-discrimination laws in the provision of goods and services X mark.svg (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) Yes check.svg (In some areas, e.g. child welfare proceedings)
Same-sex marriage Yes check.svg (Since 2017 in Guernsey, 2018 in Alderney, and 2020 in Sark) [44] [3]
Recognition of same-sex couples Yes check.svg (Since 2012 in Guernsey, 2016 in Alderney, and 2020 in Sark) [44]
Stepchild adoption by same-sex couples Yes check.svg (Since 2017)
Joint adoption by same-sex couples Yes check.svg (Since 2017)
LGBTQ persons allowed to serve openly in the military Yes check.svg (UK responsible for defence)
Right to change legal gender Yes check.svg (Since 2007)
Access to IVF for lesbian couples Yes check.svg (Since 2009)
Commercial surrogacy for gay male couples X mark.svg (Banned for heterosexual couples as well)
MSMs allowed to donate blood Yes check.svg / X mark.svg (1 year deferral period)

See also

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References

  1. 1 2 "Politicians unanimously approve Guernsey's new anti-discrimination law". itv News. 30 September 2022. Retrieved 11 August 2023.
  2. ↑ Reid-Smith, Tris (13 March 2020). "A British court ruling may change laws for LGBT+ people around the world". Gay Star News.
  3. 1 2 3 "Orders Approved and Business Transacted at the Privy Council Held by the Queen at Buckingham Palace on 11th March 2020" (PDF).
  4. ↑ "The Sexual Offences (Bailiwick of Guernsey) Law, 1983".
  5. ↑ Rue du Gouffre, Forest (20 March 2012). "Sexual Offences (Amendment) (Guernsey) Law, 2000". www.guernseylegalresources.gg.
  6. ↑ "In the States of the Island of Guernsey on the 25th Day of March, 2010".
  7. ↑ "Guernsey gay age of consent lowered to 16". BBC News. 25 March 2010.
  8. ↑ "Billet D'État No. I, 2011".
  9. ↑ "Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011". www.guernseylegalresources.gg. 30 October 2012.
  10. 1 2 "Homosexual Offenses and Human Rights in Guernsey". www.jurist.org. 29 November 2012.
  11. ↑ "Inheritance (Guernsey) Law, 2011". 20 March 2012 – via www.guernseylegalresources.gg.
  12. ↑ King's Road, St Peter Port (29 March 2012). "Inheritance (Guernsey) Law 2011 (Commencement) Ordinance, 2012". www.guernseylegalresources.gg.
  13. ↑ "Practical Law UK Signon". signon.thomsonreuters.com.
  14. 1 2 "Same-sex marriage gets Guernsey States approval". BBC News. 10 December 2015.
  15. ↑ "Big, gay wedding bells in Guernsey next year". ITV.com. 21 September 2016. Archived from the original on 25 September 2016. Retrieved 26 September 2016.
  16. ↑ "The Same-Sex Marriage (Guernsey) Law, 2016 (Commencement) Ordinance, 2017". Guernsey Legal Resources. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  17. ↑ "Alderney votes to legalise same-sex marriage". ITV.com. 19 October 2017. Archived from the original on 19 October 2017. Retrieved 20 October 2017.
  18. ↑ "Orders Approved and Business Transacted at the Privy Council Held by the Queen at Buckingham Palace on 13th December 2017" (PDF).
  19. ↑ "Same-sex marriage legalised in Alderney". ITV.com. 13 June 2018. Archived from the original on 13 June 2018. Retrieved 13 June 2018.
  20. ↑ "Billet d'Etat 13 June 2018". States of Alderney. Archived from the original on 6 June 2018. Retrieved 6 June 2018.
  21. ↑ "The Same-Sex Marriage (Alderney) Law, 2017 (Commencement) Ordinance, 2018". States of Alderney. Archived from the original on 6 June 2018. Retrieved 6 June 2018.
  22. ↑ "Sark becomes last British Isle to allow same-sex marriage - BBC News". BBC News. 18 December 2019. Archived from the original on 18 December 2019. Retrieved 29 April 2020.
  23. ↑ "Resolutions of the Easter Meeting of Chief Pleas held on 22nd April 2020" (PDF). Archived (PDF) from the original on 24 April 2020.
  24. ↑ "Sark church says 'I do' to same-sex marriage ceremonies". 6 January 2022.
  25. ↑ "Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004". 20 March 2012 – via www.guernseylegalresources.gg.
  26. ↑ "Sex Discrimination (Employment) (Guernsey) Ordinance, 2005". 20 March 2012.
  27. ↑ "Children (Guernsey and Alderney) Law, 2008". 20 March 2012 – via www.guernseylegalresources.gg.
  28. ↑ Rue du Gouffre, Forest (21 July 2016). "Children (Sark) Law, 2016". www.guernseylegalresources.gg.
  29. ↑ "Key Points for Employers from Guernsey's New Discrimination Legislation".
  30. 1 2 Jones, Ellie (12 May 2014). "LGBTQ History: Travel back in time with our comprehensive timeline". Liberate. Retrieved 9 May 2021.
  31. ↑ "2015 June 24 Billet XI". Archived from the original on 24 September 2015.
  32. ↑ "Adoption law changes proposed to make all couples equal". www.guernseypress.com. 15 May 2015.
  33. ↑ "Billet D'Etat 24 June 2015". pp. 1170–1177.
  34. ↑ "Guernsey follows Jersey in new adoption rules". ITV.com. 24 June 2015. Archived from the original on 26 June 2015.
  35. ↑ "Guernsey law change allows same-sex couples to adopt". BBC News. 24 June 2015.
  36. ↑ "Policy Council Review of Adoption Law". 24 June 2015. Retrieved 9 May 2021.
  37. ↑ "Population Management (Guernsey) Law, 2016". Guernsey Legal Resources. Retrieved 9 May 2021.
  38. ↑ "Quick guide to Population Management Law". States of Guernsey Population Management. March 2018. Retrieved 9 May 2021.
  39. ↑ "Adoption". The Royal Court of Guernsey. 28 June 2011. Retrieved 9 May 2021.
  40. ↑ "Guernsey Law Reports 2007–08 GLR 161". Guernsey Legal Resources. 3 December 2017. Archived from the original on 17 July 2010. Retrieved 9 May 2021.
  41. ↑ "Guernsey to follow relaxation of UK blood donor rules". BBC News. 23 September 2011. Retrieved 9 May 2021.
  42. ↑ "Channel Islands to follow UK rules on blood donations from gay men | ITV News Channel". Itv.com. Retrieved 14 August 2022.
  43. ↑ "Homepage". Liberate - Guernsey's first LGBTQ Community. Retrieved 9 May 2021.
  44. 1 2 "Michaelmas Meeting of the Chief Pleas to be held on Wednesday 2nd October 2019 at 10.00 am in the Assembly room" (PDF). Island of Sark Government. Archived from the original (PDF) on 11 September 2019. Retrieved 9 May 2021.
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