This is a new section that we have added to help you find out about UK gay law and rights for LGBT people.
We are not experts on this subject, but are building this section to help you find out your rights. So please
bear with us as we build this section.
If you know about any issues that we have not yet included or information that is wrong or out of date please let us know.
Section 28
On 17th November 2003 Clause 28 was abolished in England and Wales. It had already been abolished in Scotland in
2002.
It is unfortunate that there has not been much publicity about this, and many teachers are often not aware
that it has been repealed. Organisations such as
Unison
and LGBT teachers group Queericulum
queericulum@hotmail.com are campaigning to raise awarenses.
Age of Consent
- Heterosexuals - 16
- Lesbians - 16
- Gay men - 16
In 1967, when gay sex was partially decriminalised, the age of consent for gay men was set at 21 compared to
16 for heterosexual people and lesbians. The unequal age of consent signalled society's disapproval of
homosexuality. Gay sex was still seen as immoral, dangerous and to be discouraged.
Unfortunately at the time of writing (February 2006) the age of consent in the Channel Islands and Isle of
Man is still 18. Jersey is currently being taken to the European Court of Human Rights, in a move which reflects
the case taken against the UK government which forced the change of the law in Britain. It is also hoped that the
Male Rape
This is now a criminal offence. Until 1994 male rape was not recognised as an offence. Rape could only be
committed by a man against a woman. Male rape is not solely defined as penetrative anal sex but can equally
apply to oral sex as well.
Employment Rights
Since December 2005 all workers have the legal protection from discrimination on the grounds of their sexual
orientation. The laws prevent employers refusing to employ people because of their sexual orientation and also
protect workers from both direct abuse from colleagues and general homophobic comments.
Employers will have to ensure that benefits given to opposite-sex partners can also be claimed by same-sex
partners, and have been updated to ensure that couples with a Civil Partnership have the same rights as married
heterosexual couples.
Convenor of Unison's South EastLGBT Group, Simon Kedgley, said "Unison is delighted the EU has forced the
UK government to pass these new laws which will offer real protection to vulnerable workers. All employers should
now be informing their staff that such discrimination is not acceptable in the 21st Century". Further information
and links are available on the
Unison website.
Transgender workers are protected from discrimination at work by the Sex Discrimination (Gender Reassignment) Regulations 1999
HIV positive workers have new protection against discrimination with the Disability Discrimination Act 2005 -
they can now have legal protection from discrimination from the moment they are diagnosed, as opposed to when they start
showing symptoms (which was the only protection previously).
Unfortunately LARGER (Lesbian & Gay Employment Rights), an independent organisation helping lesbians and
gay men who are experiencing problems at work or whilst looking for work, have now ceased to exist, however a lot
Next of Kin
At the moment the law, when losing your same sex partner is an ass. The only way round this is to either engage in
a civil partnership to become the next of kin, or to ensure that you make a will, we all need to get round to but,
sadly, many of us never get round to getting it sorted.
The law as it stands.
Tax Consequences of Civil Partnerships
As from 5 December 2005, it will isbe possible for same-sex couples to register their relationships and create a
civil partnership. The Civil Partnership Act 2004 is designed to give civil partners the same rights and
responsibilities as married couples. Whether it will also bring the same amount of joy presently experienced by
married couples in areas such as having the in-laws come to stay remains to be seen.
New Taxation Law.
Adoption
Same-sex couples are now able to adopt following regulations finalised by parliament. Previously only one of a
same-sex couple were able to adopt leading to strange situations where partners had to lie and say they were
single.
Goods and Services
It now looks as it the government is to make it illegal to discriminate on grounds of sexual orientation in the
provision of goods and services. There had been some confusion as to whether this would be in included in the
Equality Bill, although it has now been confirmed that the regulations will be put in place by October 2006.
Civil Partnerships Approved Venues
Approved Venues, a time for change
On the 5th December 2005 the Civil Partnership came into force allowing gay couples across the UK legal rights when
sealing their relationship.
Despite extensive responses to the consultation from Gino Meriano and his company Pink Weddings. The DTI overruled
true equality and opted for "Lazy" equality.
This is how
The current position regarding the licensing of approved premises for Civil Partnerships covers both Marriage and
Civil Partnership, however, the venue CAN choose to offer Marriages OR Civil Partnerships OR both. Hence allowing venues
to choose through prejudice and hide behind their licence.
Under the Registrar General's guidance to Authorities for the approval of premises as venues for Marriages under
section 26(1)(bb) of the Marriage Act 1949 and Civil Partnerships under 6 (3a)(a) of the Civil Partnership Act 2004.
Under the Types of premises - section 8
The premises will be approved for the solemnisation of marriages and the registration of civil partnerships and
must be regularly available to the public for use for one or the other. The holder of an approval may decide that the
premises are only available for marriages or for civil partnerships and not for both. If a person is aggrieved by
approved premises not being available for both, he or she should be advised that this cannot be enforced under marriage
and civil partnership legislation. The authority has no powers to intervene and it is a matter that the person will have
to pursue with the holder of the approval.
Ensuring true equality
At present the Regulations prevent local authorities from refusing to licence a venue which provides weddings but
refuses to offer Civil Partnership ceremonies. We seek a change in this law.
Any venue that currently holds a licence or wishes to apply MUST provide the service of Marriage and Civil
Partnerships in order for a licence to be granted.
Gino Meriano, Campaigner and Founder of Pink Weddings said "Quick and decisive action should be taken to make
this important change. Approved venues have this opt out option which undermines the intent of the Equality Act. If this
continues the Government and local authorities will allow discrimination a massive loophole in the retail and goods sector.
I call upon Ruth Kelly to take action now and show how effective she can be as our Diversity Minister by championing
this change without letting here personal or religious prejudice interfere".
Pink Weddings Ltd
Celebrating 5 years of gay wedding planning and campaigning for same-sex couples
www.pinkweddings.eu
Press enquiries call Gino Meriano 07971 277609