LGBT rights in Jersey

Not to be confused with LGBT rights in New Jersey.

LGBT rights in Jersey

Jersey

Status| Legal since 1990, equal age of consent since 2006
Gender identity| Right to change legal gender since 2010
Military| UK responsible for defence
Discrimination protections| Sexual orientation, gender reassignment and intersex status
Family rights
Recognition of relationships| Civil partnerships since 2012;
Same-sex marriage since 2018
Adoption| Full adoption rights since 2012
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

* LGBT portal
* UK portal

* v
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* e

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBT people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

The status of LGBT rights is similar to that of the United Kingdom and the other two Crown dependencies (the Isle of Man and Guernsey). Societal acceptance of homosexuality and same-sex relationships is high. Jersey organised its first public LGBT event in July 2014, when hundreds of participants gathered in Saint Helier to call for the legalisation of same-sex marriage.[1]

## Law regarding same-sex sexual activity

[edit]

Prior to 1990, same-sex sexual activity was a criminal offence. The age of consent was lowered from 21 to 18 in 1995, exactly one year after the United Kingdom lowered the age of consent to 18.[2] The age of consent has been equal at 16 since 2006.[3]

### Pardon scheme

[edit]

In May 2024, it was formally announced that a pardon scheme would be established to remove gay sex sexual offences (prior to 1990) in regarding to Jersey - on an individuals criminal record.[4] A similar pardon scheme known as the “Alan Turing Law” was implemented in the UK by legislation.

## Recognition of same-sex relationships

[edit]

Main article: Same-sex marriage in Jersey

Jersey allows same-sex couples to enter into civil partnerships or marriages.

### Civil partnerships

[edit]

On 20 October 2009, the States of Jersey (Parliament) voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[5][6] Legislation allowing for civil partnerships was approved on 12 July 2011.[7] The bill was signed by Queen Elizabeth II on 14 December 2011 and registered by the royal court on 6 January 2012.[8] The law took effect on 2 April 2012.[9][10][11] It also allows same-sex couples to register their civil partnership in churches, if the church in question chooses to do so.[12]

In March 2022, a bill passed the States of Jersey that allows heterosexual couples to enter civil partnerships - not just same-sex couples. It is expected to go into effect from January 1, 2023.[13]

### Marriage

[edit]

The States made an in-principle agreement to legalise same-sex marriage on 22 September 2015, voting 37–4.[14][15] Legislation to bring the law into effect was introduced in October 2017.[16] Though delayed on several occasions, the same-sex marriage legislation was approved by the States on 1 February 2018, by a vote of 43–1.[17] The bill received royal assent 23 May 2018, and went into effect on 1 July 2018.[18] The first couple married shortly thereafter, on 9 July.[19]

## Adoption and parenting

[edit]

Both joint and stepchild adoption have been legal since 2012, when the civil partnership law came into effect.[20]

Additionally, lesbian couples can access artificial insemination.

On 23 June 2015, the States of Jersey agreed to bring about changes in their adoption laws, called the Adoption (Amendment No. 7) (Jersey) Law 2015,[21] to grant unmarried couples full adoption rights. Previously, only married couples and couples in civil partnerships were allowed to apply to adopt children.[22] The law came into effect on 16 October 2015.[23]

### Parentage legislation introduction

[edit]

In December 2023, legislation was introduced to formally recognize children of same-sex couples by parentage from IVF and surrogacy to the Jersey Assembly - a legal first for the Channel Islands.[24] The legislation would meet compliance and obligations based on the United Nations Convention on the Rights of the Child. Also it is unclear whether the legislation would pass and go into effect.[citation needed]

## Discrimination protections

[edit]

On 2 June 2015, Jersey passed the Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015, protecting LGBT and intersex people from discrimination. The legislation was approved on third reading by 37 members voting in favour, 1 abstention and 11 absences, and went into effect on 1 September 2015.[25][26]

## Gender identity and expression

[edit]

See also: Legal aspects of transsexualism

Transgender people are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition (Jersey) Law 2010.[27]

Additionally, transgender people are fully protected through anti-discrimination laws.[25]

## Blood donation

[edit]

Gay and bisexual men have been allowed to donate blood, provided they haven't had sex in a year, since 2011.[28] In March 2019, it was confirmed that the 12 month criterion is under review, following the introduction of more advanced blood testing technology.[29] In December 2019, it was revealed that this review would not take place until 2021 at the earliest.[30]

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.[31]

## Local charities working for LGBT rights

[edit]

Liberate is the only organisation in the Channel Islands that represents the local LGBT community and other minority groups. It was established in Guernsey in February 2014 and in Jersey in August 2014. The Jersey branch lobbied to ensure that intersex people were included in Jersey's Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 and campaigning to legalise same-sex marriage.[32]

## Summary table

[edit]

Same-sex sexual activity legal  |  (Since 1990)

|

Equal age of consent (16)  |  (Since 2006)
Anti-discrimination laws in employment  |  (Since 2015)
Anti-discrimination laws in the provision of goods and services  |  (Since 2015)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)  |  (Since 2015)
Anti-discrimination laws covering gender identity in all areas  |  (Since 2015)
Discrimination based on intersex status prohibited  |  (Since 2015)
Same-sex marriages  |  (Since 2018)
Recognition of same-sex couples (e.g. civil partnerships)  |  (Since 2012)
Stepchild adoption by same-sex couples  |  (Since 2012)
Joint adoption by same-sex couples  |  (Since 2012)
LGBT people allowed to serve openly in the military  |  (Since 2000)
Right to change legal gender  |  (Since 2010)
Access to IVF for lesbians  |  (Since 2012)
Commercial surrogacy for gay male couples  |  (Banned for heterosexual couples as well)
MSMs allowed to donate blood  | / (12 month deferral period since 2011)

## See also

[edit]

* LGBT portal

* Politics of Jersey
* LGBT rights in Guernsey
* LGBT rights in the United Kingdom
* LGBT rights in Europe
* Age of consent in Europe

## References

[edit]

1. ^ "Jersey holds first gay rights rally". BBC News. 12 July 2014.
2. ^ "SEXUAL OFFENCES (AMENDMENT) (JERSEY) LAW 1995". www.jerseylaw.je.
3. ^ "Jersey Politicians vote to reduce gay age of consent". 5 July 2006.
4. ^ "'Turing's Law' pardon considered in Jersey for gay convictions".
5. ^ "States backs civil partnerships". BBC News. 12 July 2011.
6. ^ "New rights for homosexual couples". 20 October 2009 - via news.bbc.co.uk.
7. ^ Vote for Draft Civil Partnership (Jersey) Law 201- Third Reading
8. ^ "Jersey's religious civil partnership rules near implementation". 13 January 2012.
9. ^ "Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012". Archived from the original on 3 March 2016. Retrieved 21 February 2020.
10. ^ "CIVIL PARTNERSHIP (JERSEY) LAW 2012". www.jerseylaw.je. Archived from the original on 6 September 2015.
11. ^ "Jersey Law | CIVIL PARTNERSHIP (JERSEY) LAW 2012". Archived from the original on 6 September 2015. Retrieved 14 September 2012.
12. ^ "United Reformed Church could be first on Jersey to host civil partnerships". 31 July 2012.
13. ^ "Jersey approves civil partnership law for all genders". BBC News. 3 March 2022.
14. ^ P.77/2015 Same-sex marriage, divorce and dissolution
15. ^ Same-sex marriage, divorce and dissolution – paragraph (a)
16. ^ "States supports same-sex marriage". BBC News. 22 September 2015.
17. ^ "Equal marriage legislation passed by Jersey politicians". February 2018. Retrieved 1 February 2018.
18. ^ "Jersey to introduce same-sex marriage from 1 July". BBC News. 27 June 2018. Retrieved 27 June 2018.
19. ^ Heath, Ian (10 July 2018). "History is made Jersey as first same-sex wedding takes place". www.jerseyeveningpost.com.
20. ^ "Adoption (Amendment No. 3) Rules 2012". Archived from the original on 3 March 2016. Retrieved 21 February 2020.
21. ^ "Adoption (Amendment No. 7) (Jersey) Law 201-". Archived from the original on 23 September 2015. Retrieved 21 February 2020.
22. ^ "Changes to law mean unmarried couples can now adopt". ITV News.
23. ^ "Adoption (Jersey) Law 1961". www.jerseylaw.je.
24. ^ https://www.jerseylaw.je/laws/pending/Pages/ChildrenandCivilStatus(Amendments)Law202-_ADOPTED.aspx [bare URL]
25. ^ a b "Jersey passes law protecting LGBT and intersex people from discrimination". 2 June 2015.
26. ^ "Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015". Archived from the original on 4 March 2016. Retrieved 24 September 2015.
27. ^ "GENDER RECOGNITION (JERSEY) LAW 2010". Archived from the original on 4 March 2016. Retrieved 24 September 2015.
28. ^ "End of gay blood ban is welcomed". BBC News. 20 September 2011.
29. ^ "New tech to prompt review of gay blood donor exclusion". Bailiwick Express. Retrieved 6 July 2019.
30. ^ "Review of year-long gay blood donor ban pushed back". Bailiwick Express. Retrieved 13 January 2020.
31. ^ "Channel Islands to follow UK rules on blood donations from gay men". 29 June 2021.
32. ^ "About". Liberate. 13 January 2017. Retrieved 1 February 2019.

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LGBT rights in Europe

Sovereign states|

* Albania
* Andorra
* Armenia
* Austria
* Azerbaijan
* Belarus
* Belgium
* Bosnia and Herzegovina
* Bulgaria
* Croatia
* Cyprus
* Czech Republic
* Denmark
* Estonia
* Finland
* France
* Georgia
* Germany
* Greece
* Hungary
* Iceland
* Ireland
*   * Italy
* Kazakhstan
* Latvia
* Liechtenstein
* Lithuania
* Luxembourg
* Malta
* Moldova
* Monaco
* Montenegro
* Netherlands
* North Macedonia
* Norway
* Poland
* Portugal
* Romania
* Russia
* San Marino
* Serbia
* Slovakia
* Slovenia
* Spain
* Sweden
* Switzerland
* Turkey
* Ukraine
* United Kingdom
* Vatican City

States with limited
recognition|

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

Dependencies and
other entities|

* Åland
* Faroe Islands
* Gibraltar
* Guernsey
* Isle of Man
* Jersey
* Svalbard

Other entities|

* European Union

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