LGBT rights in the Isle of Man

LGBT rights in the Isle of Man

Location of the  Isle of Man  (red)

in the British Isles  (red & grey)

Same-sex sexual activity legal? Legal since 1992, age of consent equal since 2006
Military service UK military since 2000
Discrimination protections Sexual orientation protections (see below)
Family rights
Recognition of
relationships		 Civil partnerships since 2011
Adoption Full adoption rights since 2011

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Isle of Man have become substantially more liberal since the early 1990s. Most acts of male homosexuality on the island ceased to be contrary to the law in 1992. LGBT people have been given many more rights in the law, such as an equal age of consent (2006), employment protection from discrimination (2006), gender recognition (2009), the right to enter into civil partnerships and the right to adopt children (2011). Same-sex marriage is not yet permitted, but is expected to become legal in June or July 2016 when the Same-Sex Marriage Bill receives royal assent from Queen Elizabeth II.

While not part of the United Kingdom, the Isle of Man has also followed the UK's example in incorporating the European Convention on Human Rights into its own laws through the Human Rights Act 2001.

Law regarding same-sex sexual activity

Prior to September 1992, same-sex sexual activity was a criminal offence. After decriminalisation, the age of consent was set at 21, which at that time was the same age as in the United Kingdom; in 2001, the age of consent for male homosexuals was lowered to eighteen by the Criminal Justice Act 2001 (c.4)[1] In 2006, by the Sexual Offences (Amendment) Act 2006 (c.3), the age of consent was lowered again to sixteen, becoming gender-neutral for all sexual conduct, regardless of gender and sexual orientation.[2][3][4] However, the Isle of Man retains specific offences in its criminal law for some male homosexuality.[5]

Section 9 of the Sexual Offences Act 1992 continues to apply the criminal law to some "unnatural offenses" between men. Sub-sections (1) and (4) make "buggery" and "gross indecency" between men offences if one or both of the parties is under sixteen and also if the acts are committed "elsewhere than in private." The meaning of this is defined in Section 10: not in private means that "more than two persons are present" or that the location is "any place to which the public have or are permitted to have access, whether on payment or otherwise."[5][6]

Gender identity/expression

Transsexual persons are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition Act 2009 (c.11).[7][8]

Civil partnerships

Since 2011, same-sex couples are provided with civil partnerships.[9] The Civil Partnership Bill 2011 passed all stages of both the House of keys and the Legislative Council and was signed into law on 15 March 2011. The Civil Partnership Act 2011 (c. 2) took effect on 6 April 2011.[10][11][12][13] It was decided in 2014 that same-sex marriages from England, Wales and Scotland as well as other relationships performed abroad will be treated as civil partnerships on the island.[14]

Same-sex marriage

At present, same-sex marriage is prevented in the Isle of Man by the Marriage and Civil Registration (Amendment) Act 2011 (c. 3).[15] On 9 June 2015, Chief Minister Alan Bell announced his intention to repeal the law barring same-sex marriage on the island.[16] On 15 October 2015, the public consultation process on a proposal to allow same-sex marriage began and lasted until 13 November.[17]

The first reading on a bill to introduce same-sex marriage happened on 2 February 2016.[18] The Marriage (Same-Sex Couples) Bill, which would later be renamed the Marriage and Civil Partnership (Amendment) Bill passed its final reading in the House of Keys by a vote of 17-3 on 9 March 2016 and passed its final reading in the Legislative Council by a vote of 6-3 on 26 April 2016.[19][20] The bill allows same-sex couples to marry and also allows opposite-sex couples to have a civil partnership. The bill now awaits Royal Assent before going into effect, likely in June or July of 2016.

Adoption and family planning

By the Civil Partnership Act 2011 (c. 2), same-sex couples in the Isle of Man have been allowed equal access to full joint or step adoption since 6 April 2011.

Additionally, lesbian couples can get access to artificial insemination.

Discrimination protections

Under the Employment Act 2006 (c. 21), taking effect on 1 September 2006, the Isle of Man adopted legislation which made it unlawful to dismiss employees on the grounds of their sexual orientation.[21][22] At the time, LGBT reports from the Isle of Man stated that the island's government was "falling behind", in line with European Human Rights decisions.[23]

In 2013, after a highly publicised case on the island involving a lesbian couple who were not allowed to rent a house by a church leader, Chief Minister Alan Bell announced that legislation to outlaw all forms of discrimination in goods and services would be introduced.[24] The draft of the Equality Bill 2015 is based on the English Equality Act 2010 and would replace all existing anti-discrimination laws into one piece of legislation.[25] Consultation on the Bill ended in November 2014.[26] In August 2015, the government published the response to the consultation.[27] The measure had its first reading in the 11 member Legislative Council on 8 March 2016.[28]

Summary table

Same-sex sexual activity legal (Since 1992)
Equal age of consent (Since 2006)
Anti-discrimination laws in employment (Since 2006)
Anti-discrimination laws in the provision of goods and services (Pending)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Recognition of same-sex couples (Since 2011)
Same-sex marriages (Pending; Same-sex marriage from abroad is treated as civil partnerships since 2014)
Step-child adoption by same-sex couples (Since 2011)
Joint adoption by same-sex couples (Since 2011)
Gays and lesbians allowed to serve openly in the military (Since 2000)
Right to change legal gender (Since 2007)
Commercial surrogacy for gay male couples
Access to IVF for lesbians (Since 2009)
MSMs allowed to donate blood

See also

References

  1. ↑ CRIMINAL JUSTICE ACT 2001
  2. ↑ SEXUAL OFFENCES (AMENDMENT) ACT 2006
  3. ↑ GAY SEX AGE LOWERED TO 16
  4. ↑ Gay sex at 16 legal, Man
  5. 1 2 Paul Johnson, Homosexual Offenses and Human Rights in Isle of Man, jurist.org, accessed 14 January 2013
  6. ↑ SEXUAL OFFENCES ACT 1992
  7. ↑ GENDER RECOGNITION ACT 2009
  8. ↑ Gender recognition bill to provide protection to Isle of Man trans residents
  9. ↑ "civil mem" (PDF). Retrieved 20 January 2011.
  10. ↑ "Keys continues to support Civil Partnership Bill | Newsroom". Isleofman.com. 23 June 2010. Retrieved 20 January 2011.
  11. ↑ "Civil Partnership Bill faces final hurdle - Isle of Man News". iomtoday. Retrieved 20 January 2011.
  12. ↑ Isle of Man gay couples get right to civil partnership
  13. ↑ CIVIL PARTNERSHIP ACT 2011
  14. ↑ "Same-sex marriages to be treated as civil partnerships in Isle of Man". IOM Today. 24 June 2014.
  15. ↑ MARRIAGE AND CIVIL REGISTRATION (AMENDMENT) ACT 2011
  16. ↑ Chief Minister looks to legalise same-sex marriage
  17. ↑
  18. ↑ Free vote for politicians on same sex marriage
  19. ↑ "08 Mar 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 10 March 2016. Retrieved 12 March 2016.
  20. ↑ "Isle of Man same-sex marriage bill approved". BBC. 26 April 2016.
  21. ↑ EMPLOYMENT ACT 2006
  22. ↑ "Gay employment rights are adopted". BBC News. 30 November 2005. Retrieved 20 January 2011.
  23. ↑ "Isle of Man - LGBT". Gayinfo.org.im. Retrieved 20 January 2011.
  24. ↑ Legislation to outlaw homophobic discrimination in Isle of Man to be accelerated after lesbian couple prevented from renting a house
  25. ↑ New equality legislation pending in Isle of Man
  26. ↑ Consultation Detail
  27. ↑ Response to the consultation on the draft Equality Bill
  28. ↑ 08 Mar 2016 Legislative Council Order Paper
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