LGBT rights in Guernsey

LGBTQ rights in Guernsey

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 October 1, 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
Part of a series on

LGBT rights
in the United Kingdom
By location

United Kingdom

|  |  Scotland

|

|  Northern Ireland

Crown dependencies

|  |  Guernsey

|

|  Jersey
|  Isle of Man

Overseas Territories

|  |  Anguilla

|

|  Akrotiri and Dhekelia
|  Bermuda
|  British Virgin Islands
|  Cayman Islands
|  Falkland Islands
|  Gibraltar
|  Montserrat
|  Pitcairn Islands
|  Saint Helena, Ascension and
Tristan da Cunha
|  Turks and Caicos Islands

Same-sex marriage by territory

|  |  United Kingdom

|

|  Scotland
|  Northern Ireland
|  Guernsey
|  Jersey
|  Isle of Man
|  Akrotiri and Dhekelia
|  Bermuda
|  British Antarctic Territory
|  British Indian Ocean Territory
|  Cayman Islands
|  Falkland Islands
|  Gibraltar
|  Pitcairn Islands
|  Saint Helena, Ascension and
Tristan da Cunha
|  South Georgia and the
South Sandwich Islands

Policy aspects

Sexual orientation

* Adoption
* Age of consent
* Blood donation
* Christian nation
* Civil partnership
* History of violence
* HIV/AIDS
* Military policy
* Same-sex marriage

Gender identity, sex and intersex

* Transgender rights
* Intersex rights
* NHS Gender Identity Development Service
* Gender Recognition Panel

Legislation

Criminality

* Buggery Act 1533
* Offences Against the Person Act 1828
* Offences Against the Person Act 1861
* Labouchere Amendment
* Wolfenden report
* Sexual Offences Act 1967
* Criminal Justice (Scotland) Act 1980
* Homosexual Offences Order 1982
* Section 28
* Criminal Justice and Public Order Act 1994
* Sexual Offences (Amendment) Act 2000
* Sexual Offences Act 2003
* Policing and Crime Act 2017
* Alan Turing law
* Merchant Shipping (Homosexual Conduct) Act 2017
* Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

Protection and recognition

* Public Order Act 1986
* Sex Discrimination (Gender Reassignment) Regulations 1999
* Adoption and Children Act 2002
* Employment Equality (Sexual Orientation) Regulations 2003
* Civil Partnership Act 2004
* Gender Recognition Act 2004
* Equality Act 2006
* Equality Act (Sexual Orientation) Regulations 2007
* Criminal Justice and Immigration Act 2008
* Human Fertilisation and Embryology Act 2008
* Equality Act 2010
* Marriage (Same Sex Couples) Act 2013
* Marriage and Civil Partnership (Scotland) Act 2014
* Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
* Northern Ireland (Executive Formation etc) Act 2019

Litigation

* Corbett v Corbett (1969)
* X v United Kingdom (1978)
* Dudgeon v United Kingdom (1981)
* R v Brown (1993)
* Sutherland v United Kingdom (1994)
* Smith and Grady v United Kingdom (1999)
* Goodwin & I v United Kingdom (2002)
* HJ and HT v Home Secretary (2010)
* National AIDS Trust v NHS Service Commissioning Board (2016)
* Bell v Tavistock (2021)
* AB v CD and others (2021)

Culture

By city

* Brighton
* Cardiff
* London
* Liverpool
* Leeds
* Manchester

Gay villages

* Birmingham Gay Village
* The Calls
* Canal Street (Manchester)
* Old Compton Street
* Pride Quarter, Liverpool
* Vauxhall

Gay male

* Polari
* Saunas
* Cruising

Organisations

LGBT advocacy & support

* Stonewall
* Hall–Carpenter Archives
* Black Gay Men's Advisory Group
* Akt
* Naz and Matt Foundation
* FFLAG
* LGBT Foundation
* LGBT Network
* Outright Scotland
* Switchboard (UK)
* NUS LGBT
* LGBT+ Liberal Democrats
* LGBT+ Conservatives
* LGBT+ Labour
* Labour Campaign for Trans Rights
* Mermaids
* Press for Change
* The Gender Trust

Pride events

* BiCon (UK)
* Big Gay Out
* Birmingham Pride
* Bourne Free
* Brighton Pride
* Bristol Pride
* Doncaster Pride
* GFest – gayWise LGBT Arts Festival
* Glasgay! Festival
* Homotopia (Liverpool)
* Leeds Pride
* Leicester Pride
* LGBT History Month
* BFI Flare: London LGBT Film Festival
* Manchester Pride
* Mr Gay UK
* Mr Gay Wales
* Northern Pride
* Nottinghamshire Pride
* Pride Cymru
* Pride Glasgow
* Pride in Hull
* Pride in Liverpool
* Pride in London
* Pride Scotia
* Reading Pride
* Swansea Pride
* Worthing Pride

Former groups

* OutRage!
* Campaign for Homosexual Equality
* Homosexual Law Reform Society
* Gay Liberation Front
* Gay Rights Working Party
* Order of Chaeronea

History

Topics

* Timeline
* List of politicians
* First LGBT officeholders
* Violence against LGBT people
* HIV/AIDS crisis
* Death penalty

Timeline

|  342|  MSM activity made illegal

|

1533|  Death penalty introduced for MSM activity
1543|  Buggery Act extended to Wales
1828 |  Offences Against the Person Act 1828
1835|  James Pratt and John Smith executed
1861|  Death penalty for buggery abolished
1885|  Labouchere Amendment introduced
1889|  Cleveland Street scandal
1895|  Oscar Wilde found guilty of gross indecency
1912|  The Cave of the Golden Calf opens
1921|  Plans to make lesbian activity illegal defeated
1936|  Mark Weston transitions
1952|  John Nott-Bower begins crackdown
1954|  Pitt-Rivers, Montagu, Wildeblood imprisoned
1954|  Alan Turing commits suicide
1957|  Wolfenden report released
1967|  MSM activity made legal (England & Wales)
1972|  First British Gay Pride Rally
1976|  Jeremy Thorpe resigns as Liberal leader
1981|  MSM activity made legal (Scotland)
1981|  First case of AIDS reported in the UK
1982|  MSM activity made legal (NI)
1983|  Gay men barred from donating blood
1984|  Chris Smith elected as first openly gay MP
1987|  Operation Spanner begins
1988|  Section 28 comes into force
1989|  Stonewall UK forms
1994|  Age of consent for MSM becomes 18
1997|  Angela Eagle becomes first openly lesbian MP
1998|  Bolton 7 found guilty
1998|  Lord Alli becomes first openly gay Lord
1999|  Admiral Duncan bombing
2000|  Gay men allowed in HM Armed Forces
2001|  Age of consent equalised to 16
2001|  MSM activity involving multiple men legal
2002|  Same sex couples granted equal rights to adopt
2003|  Section 28 repealed
2004|  Civil partnerships introduced
2004|  Gender Recognition Act 2004
2006|  Discrimination made illegal
2008|  Equalised access to IVF for lesbian couples
2008|  Incitement to homophobic hatred made a crime
2009|  Public apology to Alan Turing
2010|  Equality Act 2010
2011|  Gay men allowed to donate blood (1 yr deferral)
2013|  Nikki Sinclaire becomes first openly trans MEP
2013|  Marriage (Same Sex Couples) Act 2013
2014|  First same-sex marriages take place
2016|  MSM activity not grounds for military discharge
2017|  Turing law implemented
2017|  Blood donation deferral 3 months (excl. NI)
2019|  MPs legislate for gay marriage in NI
2020|  Gay marriage legal across UK, incl. NI
2020|  Blood donation deferral 3 months (incl. NI)
2021|  Blood donation deferral equalised

* LGBTQ portal
* UK portal

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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.

## Law regarding same-sex sexual activity

[edit]

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

[edit]

Main article: Same-sex marriage in Guernsey

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

[edit]

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

[edit]

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 October 1, 2023.[29]

## Adoption and parenting

[edit]

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

[edit]

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

[edit]

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

[edit]

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

[edit]

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)

## See also

[edit]

* LGBTQ portal

* Politics of Guernsey
* LGBT rights in Jersey
* LGBT rights in the United Kingdom

## References

[edit]

1. ^ a b "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. ^ a b c "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 teh 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. ^ a b "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. ^ a b "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. ^ a b 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. ^ a b "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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LGBT rights in Europe

Sovereign states|

* Albania
* Andorra
* Armenia
* Austria
* Azerbaijan
* Belarus
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* Cyprus
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States with limited
recognition|

* Abkhazia
* Kosovo
* Northern Cyprus
* South Ossetia
* Transnistria

Dependencies and
other entities|

* Åland
* Faroe Islands
* Gibraltar
* Guernsey
* Isle of Man
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Other entities|

* European Union
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*[MSM]: Men who have sex with men
*[NI]: Northern Ireland
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