LGBT rights in Guernsey

LGBT rights in Guernsey

Same-sex sexual activity legal? Legal since 1983, age of consent equal since 2012
Military service UK military since 2000
Discrimination protections Yes, since 2004
Family rights
Adoption No

Lesbian, gay, bisexuals, and transgender (LGBT) persons in Guernsey may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity for both men and women is legal in Guernsey, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.

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).[1] In 2000, the age of consent for male same-sex sexual acts was lowered to 18.[2] In 2010, the States of Guernsey backed, in principle, the proposal to equalise the age of consent at 16.[3][4] The legislation to this effect was approved in 2011 and took effect on 5 November 2012.[5][6][7] However, Guernsey retains male homosexual specific offences in its criminal law.[7]

Recognition of same-sex relationships

Guernsey has recognised civil partnerships performed in the United Kingdom and other relationships treated as such by the UK law for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012.[8][9][10] 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.[11] Implementation of such a law is likely to begin in early 2017.

Discrimination protections

Discrimination based on sexual orientation and gender reassignment is banned since 2004.[12]

Adoption and parenting

Although same-sex couples can't legally adopt, lesbian couples can have access to IVF and artificial insemination.

In May 2015, Guernsey's Chief Minister announced that a review of the 1960 Adoption Law which bars unmarried couples from jointly adopting was scheduled for 24 June 2015.[13] The Chief Minister hopes to extend full adoption rights to couples in overseas civil partnerships and those who have lived together for some time.[14][15] On 24 June 2015, the States of Guernsey agreed to bring about changes to its adoption law and recognise civil partnerships and other foreign unions.[16][17]

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.[18]

Summary table

Same-sex sexual activity legal (Since 1984)
Equal age of consent (Since 2012)
Anti-discrimination laws in employment only (Since 2004)
Anti-discrimination laws in the provision of goods and services (Since 2004)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage (Proposed)
Recognition of same-sex couples / (Inheritance and other matters respecting interests in property)
(Proposed)
Step-child adoption by same-sex couples (Pending)
Joint adoption by same-sex couples (Pending)
Gays and lesbians allowed to serve openly in the military (UK responsible for defence)
Right to change legal gender (Since 2007)
Access to IVF for lesbians (Since 2009)
MSMs allowed to donate blood
Commercial surrogacy for gay male couples (Banned for heterosexual couples as well)

See also

References

  1. ↑ The Sexual Offences (Bailiwick of Guernsey) Law, 1983
  2. ↑ The Sexual Offences (Amendment) (Guernsey) Law, 2000
  3. ↑ IN THE STATES OF THE ISLAND OF GUERNSEY ON THE 25th DAY OF MARCH, 2010
  4. ↑ "Guernsey gay age of consent lowered to 16". BBC News. 25 March 2010.
  5. ↑ BILLET D’ÉTAT No. I, 2011
  6. ↑ The Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
  7. 1 2 Homosexual Offenses and Human Rights in Guernsey
  8. ↑ The Inheritance (Guernsey) Law, 2011
  9. ↑ The Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012
  10. ↑ Private client law in Guernsey: overview
  11. ↑ "Same-sex marriage gets Guernsey States approval". BBC News. 10 December 2015.
  12. ↑ The Prevention of Discrimination (Enabling Provisions (Bailiwick of Guernsey) Law, 2004
  13. ↑ 2015 June 24 Billet XI
  14. ↑ Adoption law changes proposed to make all couples equal
  15. ↑ Billet D'Etat 24 June 2015: Pages 25-32
  16. ↑ Guernsey follows Jersey in new adoption rules
  17. ↑ Guernsey law change allows same-sex couples to adopt
  18. ↑ Channel Island LGBT Charity, Liberate
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