National

Consensual sex between same-sex persons aged sixteen (16) years is lawful in the United Kingdom (England, Scotland, Wales and Northern Ireland).

The Sexual Offences Act 2003 [L1.4] provides:

9. Sexual activity with a child

(1)A person aged 18 or over (A) commits an offence if –

(a) he intentionally touches another person (B),
(b) the touching is sexual, and
(c) either

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.

On 09 July 2008, Northern Ireland was brought into line with the rest of the UK after MPs approved legislation to reduce the age of consent in the province from 17 to 16. The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008, amended Section 9 of the Sexual Offences Act 2003 [L1.4], [R1.3].

Previously:

On 30 November 2000, the Blair Government invoked the rarely used Parliament Act for only the fourth time since World War One to force the Sexual Offences (Amendment) Bill [L1.2] through Parliament [R1.2].

The legislation reduces the gay age of consent in the United Kingdom from 18 to 16 and from 18 to 17 in Northern Ireland, conforming with the heterosexual age of consent. Previously, there was no statutory age of consent for lesbian sex.

The Bill also introduced a new offence where a person aged 18 or over has sexual intercourse or engages in any other sexual activity with or directed towards a person under that age, if the person aged 18 or over is in a position of trust in relation to the younger person in circumstances specified in the Bill.

The new law is understood to have come into force in January 2001.

Men who have sex with 17-year-olds must sign the register (of sex offenders) if they are convicted of consensual offences such as buggery or gross indecency, because legislation specifically refers to their partners being 18 or over, rather than over the age of consent [R1.1].

Courts & Tribunals

A decision by a Scottish court has had the effect of lowering the age of consent for males - but not females - in Scotland to 14 [R2.1].

The Scottish government says it will legislate to restore an equal age of consent of 16.

National

On 05 December 2005, the Civil Partnership Act came into force however, state pension rules apply differently to married men and women. When civil partnerships were introduced, it was decided to consider civil partners the same as 'married men' for state pension purposes, giving rise to an inequality as a widow is generally entitled to more of her late husband's state pension than a widower is to his late wife's [R1.1].

Courts & Tribunals

On 13 November 2012, gay couple John Walker and his partner won a landmark legal battle in the Employment Tribunal against Innospec after it refused to pay his partner of 19 years the equivalent of a widow's pension in the event of his death. The ruling over pension rights could see businesses landed with a £90 million bill [C2.3], [R2.2].

On 05 September 2011, a claim in the Employment Tribunal reportedly forced multi-national company Foster Wheeler Energy to rethink its policy and give employees' civil partners the same pension benefits as spouses. A hearing is due to take place in Reading Employment Tribunal in January 2012 to determine whether the original pension scheme rules unlawfully discriminated against the couple on grounds of their sexual orientation [R2.1]

National

In June 2012, the Child Support Agency (CSA), demanded that Mark Langridge start paying £26 ($41, €32) a week for two children he technically altruistically fathered over a decade ago, despite not being named on the birth certificates of the two children and playing no role in their upbringing [R1.11].

In April 2010, a Brighton lesbian couple who had a child through sperm donation became the first gay couple to both be named on their child's birth certificate under the Human Fertilisation and Embryology Act 2008 [R1.10].

On 06 April 2010, the law was changed making it easier for gay male couples to be recognised as the parents of children born to surrogate mothers by being able obtain a parental order making them legal parents of such children [R1.9]. Single people cannot gain full legal rights over their children born by surrogate mother – a problem which affects gay single men in particular [R1.8].

In October 2009, according to a survey carried out by Press Association, primary care trusts [PCTs] appear to be turning down lesbian couples for treatment on the grounds that funding is only available for those with fertility problems [R1.7].

From 06 April 2009, the Human Fertilisation and Embryology Act 2008 came into force enabling lesbian couples who are not in a civil partnership to share equal responsibility for a child born as a result of IVF rather than the birth-mother only. The right is automatic for those in civil partnerships however other couples must register their agreement to become joint parents in writing in a prescribed form to ensure they have legal protection if they separate [R1.6].

From 06 April 2009, lesbian couples will automatically have both their names added to the birth certificate of children conceived following fertility treatment. Consent must be registered before embryo transfer or insemination takes place [R1.5].

In October 2008, the Human Fertilisation and Embryology Bill was expected to be passed for a third and final time by the House of Commons, making it easier for lesbian couples to access NHS fertilisation services and ensure that a lesbian or gay couple can become the legal parents of their children [R1.4].

In May 2008, the House of Commons unexpectedly threw out proposals that would have required fertility clinics to consider a child's "need for a father" before providing treatment, enabling two-mother families [R1.3].

In 2007, it became unlawful to procure, test, process or distribute sperm without a licence from the Human Fertilisation and Embryology Authority [R3.3].

In 2007, only men who donate sperm anonymously, through licensed fertility clinics, are not considered the legal father of any resulting child under British law [R1.2].

Scotland

In November 2009, following legal action by one lesbian couple, the government set up an advisory group which was expected to recommend early next year that lesbians should be routinely allowed access to NHS fertility services [R1.1].

Courts & Tribunals

In July 2009, a lesbian couple were permitted to have their IVF treatment paid by the NHS [R2.2].

In February 2007, a local health authority backed down after they were taken to the Court of Session in Edinburgh for refusing fertility treatment to a lesbian couple and having reconsidered its position in light of other regulations, including the Human Fertilisation and Embryology Act 2008 and Equality Act (Sexual Orientation) regulations 2007 [R2.1].

Donor Services

In June 2002, a sperm donor service designed to help lesbians become parents was launched in the UK [R3.2] to match lesbian couples with sperm donors via an internet site.

The company estimated it would cost about £480 (AUD$1274) to conceive a child through the service, and donors were to be paid about £50-60 in expenses [R3.2] however, after initial financial success, the company entered liquidation in December 2004 with debts of more than £220,000 [R3.1].

Child Support Agency

In December 2007, the Child Support Agency was reported to have demanded a man financially support the child he helped a lesbian couple conceive despite guarantees that he would have no emotional or financial responsibility. One of the women alleged he had been actively involved in the child's upbringing for the past two years [R4.1].

Asylum, Refugees

On 05 February 2013, leading barrister S Chelvan, reportedly said in the 11th Stonewall lecture that refugees are put under increasing pressure to 'prove' their sexual orientation to government officials by resorting to film themselves having sex [R1.25].

On 15 October 2012, Olamiekan Ayelokun, a gay Nigerian asylum seeker who was living in Bradford was reported to have been deported from the UK, despite the risk of homophobic persecution in Nigeria [R1.24]. A judge at Bradford's Immigration Court ruled that he was not convinced about his sexuality and ordered his deportation by 06 October.

On 08 January 2012, in allowing an appeal on the facts, the Upper Tribunal (Immigration and Asylum Chamber) handed down an interesting determination in the case of LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) that focuses on the risk that gays and lesbians may face if returned to Zimbabwe as failed asylum seekers [C1.23], [R1.22].

In July 2011, Immigration Judges Gleeson and Spencer have ruled that a lesbian from Jamaica can stay in the UK because she risks persecution in her homeland, saying that any return to discreet living would be because of her fear of persecution rather than "by reason of social pressures" [R1.21].

On 07 March 2011, Earl Attlee in the House of Lords, confirmed that the UK will continue to regard Jamaica, Nigeria and Ghana as 'safe countries' to which to return sexual orientation applicants if they're refused, which will highly restrict their ability to appeal [ R1.20].

On 07 July 2010, the Supreme Court allowed an appeal granting asylum to HJ and HT, two men from the Cameroon and Iran who feared persecution in their countries for being gay, ruling it was unjust to make someone conceal his or her sexual orientation [R1.19].

On 16 June 2010, the British Government pledged to stop the deportation of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts them at proven risk of imprisonment, torture or execution [R1.18].

In June 2010, Fatine Young, 36, a Malaysian trans woman who was born male and entered into a civil partnership with British man Ian Young in June 2009, feared she would be arrested and jailed if returned to her home country, won her fight to stay in the UK [R1.17].

On 10 May 2010, the Supreme Court was to start a three-day hearing of two separate cases brought by gay men – one from Cameroon and the other from Iran – who are appealing against previous court decisions that they should not be granted asylum in the UK [R1.16].

In May 2009, A High Court judge ruled that removal of Ugandan gay asylum seeker John Bosco Nyombi had been "manifestly unlawful" as he had been forcibly deported while his case was still under review. He will now seek damages from the government [R1.15].

In February 2009, Pegah Emambakhsh, a gay Iranian woman, was granted refugee status after three years battling the UK's asylum system [R1.14].

In February 2009, the United Kingdom Border Agency (UKBA) said an asylum seeker from Iraq , who claims he will be in danger because he is gay, cannot be trusted as a reliable person as he has already been prosecuted for seeking to stay in the country illegally [R1.13].

In October 2008, a judge ruled that a lesbian woman from Uganda may remain in the UK [R1.12]. See also [R1.11].

In October 2008, Lin Homer, chief executive of the Borders and Immigration Agency (BIA), caused a furore amongst human rights groups after commenting that judges consider the "practical consequences" of sending gay asylum seekers back to their country of origin, and not that country’s social or legal views on homosexuality [R1.11].

In July 2008, the Asylum Immigration Tribunal, sitting in Glasgow told a gay asylum seeker that he should be safe in his homeland of Syria, provided he behaves "discreetly." The tribunal found that gays have no right of protection from international persecution [R1.10].

A Ugandan lesbian has moved one step closer to her goal for asylum in the UK after a senior immigration judge dismissed the previous tribunal as a 'mess' [R1.9].

Babakhan Badalov (Babi) from Azerbaijan has had his claim for asylum has was dismissed by the Home Office. Azerbaijan legalised homosexuality in 2000 [R1.8].

The plight of two Iranians, both of whom face possible execution if sent back to Iran, has generated public outcry in the UK. Medhi Kazemi (19) applied for asylum in Britain when he found out his ex-boyfriend in Iran had named him as a former lover prior to be executed [R1.7].

A gay Iranian man has finally been granted refuge in the UK after sewing his mouth and eyes shut, in an extreme protest at his original deportation [R1.6].

Quashing the findings of an Immigration Appeal Tribunal and referring the case to the new Asylum and Immigration Tribunal for a fresh decision, three appeal judges have ruled that as a gay, a gay Palestinian man would face persecution if he returned to his home in the Lebanon [R1.5].

A three-judge panel has ordered British immigration officials to review the cases of two gay Zimbabwe men who have apealed for asylum in the UK [R1.4].

Both men had appealed for asylum and been rejected because immigration officials said they would not be persecuted in their homeland for being homosexual.

The Home Office has rejected an application for asylum and ordered a young pianist in Britain to return to his native Zimbabwe despite his fears he will be persecuted because he is gay [R1.3].

Two gay Jamaican men have been granted asylum in the United Kingdom on the grounds that their lives are in danger because of "severe homophobia" in their home country [R1.2].

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men the United Kingdom [R1.1].

Immigration

In October 2008, the government announced new measures to stop those who want to spread extremism, hatred and violent messages from coming to the UK [R2.3].

In January 2006, the United Kingdom enacted legislation allowing a UK citizen to sponsor the residency application of their same-sex partner [R2.2].

In April 2003, new Immigration Rules came into force making many changes to the rules on marriage and unmarried partners including same-sex partners [R2.1].

National

On 14 January 2013, Home secretary Theresa May said a law which has been used to try to convict a student who said “woof” to a police dog, or called a police horse “gay” is to be changed, removing the word 'insulting' from Section 5 of the Public Order Act [R1.2].

On 20 April 2010, Christian street preacher Dale Mcalpine was arrested for saying homosexuality is a sin and charged with breaching section 5 of the Public Order Act by allegedly using threatening, abusive or insulting words or behaviour likely to cause harassment, alarm or distress. The case was dropped and he received £7,000 damages in compensation [R1.1]

Courts & Tribunals

On 22 March 2013, Mrs Justice Lang in the High Court ruled the banning of an advert from a Christian group saying 'Not Gay! Ex-Gay, Post-Gay and Proud. Get Over It!' was 'procedurally unfair, in breach of it's (Transport for London's) procedures and demonstrated a failure to consider the relevant issues', but was not unlawful as the ad would cause 'grave offence' to gay people, and would have increased 'the risk of prejudice and homophobic attacks' [C2.4], [R2.3].

In November 2012, High Court Judge Michael Briggs ruled Trafford Housing Trust had breached its contract with employee Adrian Smith in demoting him to an advisory role after saying on Facebook that "marriage is for men and women" and that same-sex marriage is "an equality too far." The demotion came with a 40% pay cut [C2.2], [R2.1].

Scotland

In March 2003, a deceased mother's Will provided that "In the event of my death … I wish for my daughter to reside permanently with my sister. I wish all access rights currently exercised by her father to be respected" [R1.1].

After three court hearings the girl was given interim residency with her lesbian aunt [R1.1].

Courts & Tribunals

On 31 January 2013, Mr Justice Baker ruled in a dispute involving two lesbian couples who were friends with two gay men, that men who donate sperm can apply to seek a role in the lives of their biological children under s.8 of the Children Act 1989 [C2.8], [R2.7].

On 15 March 2012, three Appeal Court judges reportedly ruled the gay father of a two-year-old boy being raised by lesbian parents had the right to have access to his child and should not be treated as a 'secondary' parent [C2.6], [R2.5].

In December 2010, Nottingham man Mark Hartill mounted a legal challenge to gain parental rights over a child he fathered with a lesbian couple, who advertised for a sperm donor to avoid the cost of formal hospital IVF treatment less than two years ago, despite an alleged verbal agreement not to want regular access [R2.4].

In late November 2010, Lady Justice Black, sitting with the Master of the Rolls, Lord Neuberger, and Lord Justice Patten as the Court of Appeal, unanimously rejected a biological mother's bid to overturn an order giving the father joint residency of the children, a boy aged ten and girl aged seven and refused to cut down on the 152 days-a-year the children spend with their father [R2.3].

Previously:

In November 2010, in the Court of Appeals, a woman and her civil partner sought to overturn rulings allowing the gay biological father a joint residency order over a boy of nine and girl of six born by artificial insemination [R2.2].

In January 2010, Lord Justice Ward granted a lesbian mother, who lost custody of her child even though she was "doing well" in her care, the right to appeal against the decision [R2.1].

England & Wales

From 31 January 2013, overseas gay unions are going to be recognized in UK law as civil partnerships. Gay couples from nations such as Ireland, Brazil, Portugal and Sweden will be able to have their legal status protected while residing in the UK [D1.21], [R1.20].

As at 25 January 2013, the key differences between civil unions and marriage are in regard to financial rights, separate not being equal, living abroad travel restrictions, transgender gender issues, forced outing, adultery and vows and the exclusion of opposite sex partners from civil unions [R1.19].

On 05 December 2011, the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011 come into force, lifting the ban on places of religious worship holding civil partnership ceremonies [R1.18].

On 17 September 2011, the Government announced a long-awaited consultation early next year on changing the law on same-sex civil unions to allow such couples to marry (before the next election in 2015) but ruled out opening civil partnerships to couples of the opposite sex [R1.17].

From 06 April 2011, anyone setting out to contest the terms of their separation in court will first be required to consider mediation, under a new protocol agreed with the Judiciary [L1.16], [R1.15].

In July 2010, the government was reportedly considering letting same-sex couples include religious elements in civil partnership ceremonies [R1.14].

On 06 April 2010, the Equality Act was approved by the House of Commons after being passed by the House of Lords 95–21 on 02 March 2010. The legislation removed the ban on civil partnership registrations in religious premises, affecting England and Wales. In Scotland and Northern Ireland it is a matter for the devolved administrations. Further legislation is needed to amend the approved premises regulations [R1.13].

On 02 March 2010, the House of Lords approved an amendment to the Equality Bill giving churches the option of hosting same-sex civil partnership ceremonies if they wish though it is not compulsory [R1.12].

On 25 February 2010, Foreign minister Chris Bryant said that the British Foreign Office was encouraging other countries in the EU to recognise civil partnerships performed in the UK [R1.11].

On 11 January 2010, Lord Waheed Alli tabled an amendment to the Equality Bill which would allow civil partnerships to be held in church. The amendment would give ministers of religion the option of presiding over the ceremonies, although it would not be compulsory [R1.10].

In January 2010, Ministers announced that British civil partnerships are recognised as equal to PACs, and reimbursements will be made to individuals who have made undue tax payments since August 2007 [R1.9].

On 29 April 2009, the French National Assembly approved of the measure to have foreign civil partnerships recognised in France as PACS. President Nicolas Sarkozy has 15 days to "promulgate" the measure into law after the Senate passed it last month [R1.8].

On 05 December 2005, legislation creating same-sex civil unions in the UK came into effect, enabling the first partnerships to be officially recognised by Christmas, after the 15-day waiting period has passed [L1.7], [R1.6].

See also:

• The Lesbian & Gay Foundation: Same Difference? 07 DEC 11
• Civil Partnership Fact Sheet SEP 05
• PinkNews.co.uk: A Guide to Dissolution of Civil Partnerships 22 OCT 08

Previously:

On 12 April 2004 (and in 2003, 2002), the Government flagged plans for legally recognised civil partnership under which gay men, lesbians and bisexuals would be granted many of the same rights as married couples [R1.5].

On 03 April 2003, Dame Elizabeth Butler-Sloss, England's most senior family judge, said that homosexual partnerships should be recognised by law and transsexuals should have the right to marry in an assumed gender [R1.4].

On 09 January 2002, a Civil Partnerships Bill was introduced to the House of Lords however, Liberal Democrat peer Lord Lester of Herne Hill announced that he would not proceed with his Private Member's Bill [R1.3]

In 2002 homosexual men and women were allowed to register the deaths of their partners under changes to the way births, deaths and marriages are recorded [R1.2]

In January 2001, a White Paper on registration for the 21st century proposed that homosexual men and women be allowed to register the deaths of their partners under changes to the way births, deaths and marriages are recorded [R1.1].

1A. Cities & Towns

In June 2003, Swansea was the first council in Wales to approve civil services for people of the same sex who want to get "married" [R1A.10].

In February 2003, Darlington, County Durham offered partnership registeration and commitment ceremonies for gay and lesbian couples [R1A.9].

On 26 September 2003, the Swindon Borough Council passed a proposal allowing same sex couples to register their relationships [R1A.8].

On 09 September 2003, Barnet Council voted unanimously to support civil partnership registers for committed gay and lesbian relationships in September 2003 [ R1A.7].

In December 2002, a couple applied to be taken off the Manchester Register and were given a three-month cooling-off period before the removal of their names from the list [R1A.6].

On 13 November 2002, the Birmingham City Council reportedly was set to introduce a civil commitment scheme, allowing both homosexual and heterosexual couples to take vows, sign a register and receive a certificate [R1.6] however, gay "weddings" celebrations were not be allowed at the Register Office [R1A.5].

In April 2002, the Manchester City Council also set up a similar system, with a private company given a licence to provide partnership ceremonies. The register was opened to everyone who lives, works or has connections with the city and ceremonies cost £97.50 [R1A.4].

On 21 January 2002, Liverpool was set to allow "gay weddings" at the Register Offices by year's end [R1A.3], [R1A.1].

In August 2001, prior to the introduction of the Civil Partnership Act, the Greater London Authority (GLA) established a London Partnerships Register for both gay and straight unmarried couples enabling them to register their relationship with the city starting September, provided that one of the partners lives in London, for a fee of £85 [R1A.2].

On 21 January 2001, Brighton and Hove were reported to be considering setting up a partnership register. Newcastle also developed similar proposals [R1A.1].

Scotland

On 05 December 2005, sames-sex couples could register a civil partnership, conferring on them the same rights as married couples, including – recognition for inheritance and succession to property, employment and pension benefits, social security and tax provisions, exemption from testifying in court against your partner, recognitions for immigration and nationality purposes, protection from domestic violence, recognition as the nearest relative, a duty to provide maintenance for your partner and any children [R2.3].

In 2003, the Scottish Executive planned to introduce a civil partnerships Bill, giving gay couples many of the same rights as married partners [R2.2].

In May 2002, Robin Harper, the Green MSP, won the backing of almost 20 MSPs in calling for the Scottish Executive to set up a national register of civic partnership which will allow gays, lesbians and unmarried couples protection under the law [R2.1].

Courts & Tribunals

On 29 March 2012, Lord Justice Thorpe in the Appeal Court affirmed that separating same-sex partners enjoy exactly the same “property” rights as heterosexual marriages under the law [R3.3].

From 06 April 2011, anyone setting out to contest the terms of their separation in court will first be required to consider mediation, under a new protocol agreed with the Judiciary [R3.2].

A High Court judge has declared that gay people have the same rights as heterosexuals and are to be treated as "nearest relatives" when their partners are sent for treatment under the Mental Health Act [R3.1].

The declaration extends the right to be consulted by social workers before they make an application for a patient to be admitted for hospital treatment and they must be informed of any admissions for assessment.

Nearest relatives can also take steps to discharge a patient from detention and make applications for admission for assessment.

Churches

On 11 February 2010, the Church of England General Synod approved giving the civil partners of deceased gay clergy equal pensions rights [R4.2].

In December 2004, gay Anglican priests were able to register their relationships under Britain's civil partnerships law in a proposal backed by the Archbishop of Canterbury, but were still barred from consummating their relationships under the plan, provisionally agreed at a meeting of Anglican bishops [R4.1].

Courts & Tribunals

On 05 November 2012, Sheriff K J McGowan ruled in the Dunfermline Court that whilst 'deeply regrettable' Mark Bennett had not defamed George Cowan when Bennett referred to him as a "gay painter" at weekly meetings of a business network and allegedly defaced his business cards [C1.2], [R1.1]

National

On 01 October 2010, the Equality Act came into force. The Act covers age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex (meaning gender) and sexual orientation. Under the act people are not allowed to discriminate, harass or victimise another person because they belong to a group that the Act protects, they are thought to belong to one of those groups or are associated with someone who does [R0.5].

Previously:

The Equality Bill imposes an equality duty upon public bodies, and private bodies that deliver a public function, requiring consideration of the needs of everyone who uses their services or works for them. It is expected to come into force in Autum 2010.

The new legislation will generally apply in Scotland and Wales as well as in England. The Socio-economic Duty applies to England and Wales only. In a number of areas the Bill provides powers to Scottish and Welsh Ministers.

One of these is the power for Scottish Ministers to impose specific public sector equality duties on Scottish bodies and for Welsh Ministers to do likewise for Welsh bodies [R0.4].

On 04 February 2010, it was reported that the British Government had caved in to pressure from the Pope and churches, abandoning changes that would have forced religious groups to abide by anti-discrimination laws [R0.3].

On 11 May 2009, the Bill passed its second reading in parliament and went to a parliamentary committee [R0.2].

In December 2008, the Equality Bill was formally announced in the Queen's Speech but it is a complex piece of legislation and may not be on the statute books before 2010. The Bill includes proposals for all public bodies to promote equality for gay and lesbian people [R0.1].

Employment

On 31 January 2012, the Employment Appeals Tribunal upheld that law firm Bivonas LLP discriminated against Lee Bennett in a memo falsely implying that he only selected gay barristers and said he should be sacked and agreed that the memo was "a professional slur of the utmost gravity" [C1.9], [R1.8].

On 2 December 2003, the anti-discrimination law was extended to cover discrimination in employment and training on grounds of sexual orientation (Employment Equality (Sexual Orientation) Regulations 2003 [R1.7], [R1.6].

The law makes discrimination based on sexual orientation unlawful, unless an employer can prove having a gay or lesbian member of staff would go against the company's religious beliefs [R1.5].

In June 2003, the Joint Committee on Statutory Instruments took the view that employment regulations forbidding workplace discrimination on the grounds of sexual orientation or religion contain "technical flaws" that may enable gay and lesbian employees to be discriminated against if homosexuality was in conflict with their employers' religious beliefs [R1.4].

Whilst an employee who has been with an employer for two years may have a basis to claim redress for unfair dismissal, in Saunders Case the Employment Appeal Agency held that employers may dismiss a person on the basis of their sexual orientation on the grounds of potential client prejudice.

Similarly, pay and conditions may be unequal for gay men and lesbians and gay and lesbian employees often cannot benefit from health insurance, the pension scheme, or cheap or free use of the employer's services or other fringe benefits because the employer will not recognise their partner.

In October 2008, a report from Citizens Advice revealed that up to 10% of employment tribunal compensation awards are not paid because of a "shameful flaw" in the law [R1.3].

In July 2003, Government rules allowing faith schools to refuse to have homosexual teachers on their staff were to be challenged in court. The National Union of Teachers (NUT) said it was to seek a judicial review of the regulations, which implement an EU directive, as it believed they broke both European law and the 1998 Human Rights Act [R1.2].

In November 2002, the word "homosexual" was reportedly to be dropped and replaced in anti-discrimination legislation as part of a government drive to promote equality in the workplace [R1.1].

Goods and Services

In March 2007 the House of Lords voted by 168 votes to 122 in support of new goods and services protections in Great Britain, making it unlawful to discrimination on the ground of sexual orientation in the provision of goods and services. The new regulations come into effect on 20 April 2007.

A new bill, intended to be an extension of the current duty on public authorities to actively promote equality into services like fostering, magistrates courts and health clinics, to make their services more accessible to lesbian, bisexual and gay people, will be formally announced in November's Queen's speech [R2.2].

Previously:

Legislation was introduced into UK Parliament making it illegal to ban gays and lesbians from clubs and hotels on the ground of sexual orientation [R2.1].

Insurance

In 2003, the Association of British Insurers was trying to prevent insurers from making assumptions about applicants' risk of HIV/Aids or sexuality as a result of their occupation [R3.2].

In 2002, discriminatory behaviour against a person disclosing his homosexuality in the provision of life insurance was reported [R3.1].

Police

In May 2009, the Independent Police Complaints Commission (IPCC) published new guidelines on dealing with allegations of discriminatory behaviour, including homophobia [R4.1].

Schools

In March 2009, the government announced that protection under the forthcoming Equality bill will be extended to trans pupils [R5.3].

In September 2008, new rules came into force that make it legal for voluntary controlled schools to reserve the headship for those of one belief only, and for voluntary aided schools to discriminate against non-teaching staff on the basis of their beliefs [R5.2].

In July 2003, the House of Lords voted 180-130 to abolish Section 28 of the Local Government Act, that banned councils from teaching or promoting homosexuality in schools [R5.1].

Courts & Tribunals

On 15 January 2013, in its judgment in Eweida and Others v. United Kingdom, the European Court of Human Rights affirmed that the right to act in accordance with one's religion may be limited in order to protect others from discrimination based on sexual orientation [C6.28], [R6.27].

On 18 October 2012, Recorder Claire Moulder in the Slough County Court found that Susanne Wilkinson had directly discriminated against Michael Black and John Mortgan in refusing them accommodation at the Swiss Bed and Breakfast in Cookham [C6.26], [R6.25].

On 04 April 2011, the discrimination tribunal in Glasgow awarded PC Tracey West £10,000 for being subjected to a "relentless series of homophobic conduct" by Sgt Michael Service for six months [R6.24].

On 28 January 2011, Mr Justice Mosteyn, presiding over the Court of Protection in Newcastle, ruled that a 41-year-old man with an IQ of just 48 and classified as having a mild to moderate learning disability, be barred from having sex with another man until he has a better grasp of the health implications of his act [C6.23], [R6.22].

On 18 January 2011, Judge Andrew Rutherford in the Bristol Crown Court ordered the Chymorvah Hotel near Penzance pay a gay couple £1,800 pounds (about $2,900) each in damages for refusing to accept their room booking in September 2010 [R6.21]. The case later went before the Court of Appeal [R6.20]. On 10 February 2012, the Court of Appeal upheld the ruling [R6.19]. On 14 August 2012, the guest house owners were granted permission to appeal to the Supreme Court [R6.18].

In January 2011, the Employment Appeal Tribunal ruled that Charles Lisboa, the appellant employee, was the subject of a constructive dismissal by Realpubs stating, "a policy of embracing diversity and welcoming inclusiveness is laudable; discriminating against gay customers and staff on grounds of their sexual orientation is not", and adding that it was "plainly and unarguably the case that gay customers were treated less favourably on the grounds of their sexual orientation" [C6.17], [R6.16].

On 29 September 2010, a gay woman forced to pay more child support than if she were in a heterosexual relationship was awarded £2,550 in damages and £15,275 in costs after the European Court of Human Rights ruled there was no justification for the discrimination [R6.15].

In April 2010, Lord Justice Laws in the High Court refused relationship counsellor Gary McFarlane's application for leave to appeal against his dismissal for refusing to provide relationship counselling to gay couples [R6.14].

On 15 December 2009, the Court of Appeal ruled that an Islington registrar who refused to carry out civil partnerships for gay couples had not been discrimination against (see also R6.9, 6.5, 6.4) [R6.13].

In September 2009, Royal Institute of Chartered Surveyors (RICS) reprimanded an estate agent for publicly outing a lesbian couple whose house the agent was selling [R6.12].

In April 2009, an employment tribunal heard allegations that an airline refused to hire male stewards because it would be assumed they were gay [R6.11].

In April 2009, in an employment tribunal in Bristol a lesbian couple who were harassed by colleagues over their sexuality were awarded £5,000 for hurt feelings [R6.10].

In December 2008, the employment appeal tribunal ruled that Islington council was not guilty of religious discrimination in the case of a Christian registrar who refused to perform civil partnerships because she claimed they conflicted with her religious beliefs (see also R6.5, R6.4) [R6.9].

In December 2008, an internal police tribunal found a police constable guilty of failing to comply with a lawful order over use of police computers and with failing to treat a colleague with respect and tolerance [R6.8].

In July 2008, a lesbian couple who were publicly 'outed' by staff at an estate agency won damages of £5,000 [R6.7].

In July 2008, a 25-year-old man who was teased and humiliated for being gay won a £37,000 payout from his employers, the Presbyterian Church of Wales for discrimination on the grounds of sexual orientation and sexual harassment [R6.6].

In July 2008, religious people could have the legal entitlement to discriminate on conscientious grounds against gay people after an employment tribunal ruled in favour of a Christian council worker [R6.5].

The London Borough of Islington has decided it will appeal against an employment tribunal ruling [R6.4].

In September 2007, in a case that was one of the first to come before a tribunal under sex discrimination legislation - extended in December 2003, the Employment Appeal Tribunal has ruled that claims of unfair dismissal and discrimination on the grounds of sexual orientation were "not well-founded" [R6.3].

In April 2004, Mr Justice Richards ruled that the unions claim that the anti-discrimination religious beliefs exemption clause would reduce the protective powers of the legislation, said that the exemption for religious employment can only be narrowly drawn [R6.2].

In October 2003, a new equality body that will tackle all forms of discrimination under one roof has caused controversy for gay rights groups. The new body will come into force in 2006 [R6.1].

England

On entering a civil partnership all Wills are generally immediately revoked. To ensure that the surviving partner is protected when the other one dies, make a new Will [L1.3], [R1.2].

Common-law relationships have no legal basis, no matter how long they have lasted which means if partners haven't made Wills, each partner's estate will pass to their own blood relatives under the Intestacy Rules. The surviving partner can only claim against the other partner's estate for maintenance, and they must have been living together throughout the two years before the death [R1.1].

Scotland

Cohabiting couples, whatever their sexual orientation, have the same property rights as married couples [R2.1].

Courts & Tribunals

In 2008, the ex-wife of director Ken Russell lost her High Court battle over the £2.3m estate of her mother's lesbian lover [R3.4].

In April 2008, in a 15-2 vote, European Court of Human Rights judges sitting in Strasbourg ruled two elderly British sisters cannot avoid inheritance tax when one of them dies and they are not the victims of discrimination. "The absence of such a legally-binding agreement between the applicants (the Burdens) rendered their relationship of co-habitation, despite its long duration, fundamentally different to that of a married or civil partnership couple" [R3.3].

In 2002, a Court of Appeal ruling gave same sex partners equal rights to heterosexuals to take over tenancies when their spouses die [R3.2]. In 2004, the House of Lords upheld the appeal [R3.1].

Foreign Instrumentalities

In August 2008, French authorities refused to recognise a UK civil partnership, resulting in the surviving partner being liable to pay 60% inheritance tax on property purchased together [R4.1].

National

On 08 December 2011, the Government released the Transgender Action Plan aimed at improving transgender equality. The plan includes a proposed increase in hate crime penalties [D1.10], [R1.9].

On 14 March 2011, new Ministry of Justice guidelines set out rights for transgender prisoners, including what they may wear and how prison staff should treat them [R1.8].

In February 2010, a trans woman reportedly was wrongly told it was illegal for her to use the female toilet in the Briar Dene pub, in Whitley Bay, North Tyneside [R1.7].

In April 2009, Women's Minister Harriet Harman announced that the new Equality Bill would extend discrimination protection to trans people [R1.6].

In March 2009, the government announced that protection under the forthcoming Equality bill will be extended to trans pupils [R1.5].

The Sex Discrimination Act 1975 protected trans people against discrimination in employment and this was extended to the provision of goods, facilities, services and premises through the Gender Directive in the Sex Discrimination Regulations 2008 [R1.5].

In July 2008, it was reported that the proposed Equality Bill would open the door to discrimination" against trans people [R1.4].

In 2004, the Gender Recognition Act allowed trans men and women to be legally and fully recognised in their new genders, but only if they divorce or have their marriages annulled [R1.3].

In July 2003, Parliamentary Secretary of the Lord Chancellor's Department Rosie Winterton announced that the UK Government is committed to enable transsexual people to marry in their acquired gender, while preserving other obligations entered into in the original gender [R1.2].

In July 2002, the Blair Labor Goverment set up a working group of officials to draw up proposals to give transsexuals the right to change their birth certificates [R1.1].

Scotland

On 18 July 2012, the Scottish Government reportedly released a new protocol under which treatment will be faster and more flexible, with guaranteed minimum standards of care. It will also be easier for trans people to approach gender clinics directly, be prescribed hormones and take charge of the direction of their treatment [D1A.2], [R1A.1].

Courts & Tribunals

On 06 March 2013, Chris Wilson, a transgender Scottish man, admitted to obtaining sexual intimacy by fraud in failing to tell two teenage girls his gender history and real age. Judge Lord Bannatyne will sentence Wilson in the Edinburgh High Court after the court obtains reports [R2.16].

In August 2012, Saralee Fisher, a trans woman (previously Stuart Fisher) had her sentence altered due to the now unsuitable nature of a community order imposed before gender reassignment. A community order, which included the requirement for Fisher to attend the groupwork program for men was replaced with a requirement to see a probation officer one on one, in place of previously order groupwork sessions [R2.15].

In June 2010, Lord Justice Aikens, giving the ruling of the three judges at the Appeal Court, said there was a total lack of legal framework in English law to recognise gender change and that barring transwoman Ms Timbrell from her pension was discrimination. The Court ruled that the Department for Work and Pensions must give her the backdated money from the age of 60 [R2.14].

In May 2010, Mr Justice Bean in the High Court dismissed the claim of a trans woman for a NHS-funded operation to augment her bust, which failed to develop properly following hormone treatment, finding that "that there was no duty in either public law or discrimination law to classify all treatment and procedures sought by transsexuals as high priority or core procedures" [R2.13].

In March 2010, transwoman Christine Timbrell was challenging in the Appeal Court a decision of the Department of Work and Pensions denying her a pension backdated to age 60 years [R2.12].

On 04 January 2010, it was reported that the Press Complaints Commission (PCC) ruled a Belfast newspaper article entitled 'Tranny worked in rape centre', was discriminatory and in breach of Clause 12 (Discrimination) of the Editors' Code of Practice [R2.11].

In October 2008, A transsexual who was hounded out of her job as a trucker after she began her transition from her former male gender has been awarded £20,000 damages by an Employment tribunal judge Dawn Shotter [R2.10]. See also [R2.8].

In May 2008, in an out of Court settlement, a 43-year old woman who claimed she suffered sexual discrimination and was unfairly dismissed from the British Army after transitioning has won a payout of £250,000 [R2.9].

In April 2008, a transwoman has won her claim for compensation for harassment against her, forcing her out of her trucking driving job [R2.8].

In December 2006, a tribunal awarded a transsexual £64,862 compensation, finding that she was forced to endure 'an atmosphere of intimidation and hostility' as an employee [R2.7].

In July 2002, the European Court of Human Rights in July 2002 found that the United Kingdom was in breach of the European Convention on Human Rights for failing to legally recognise transsexual Christine Goodwin as a woman, despite here having undergone gender reassignment [R2.6].

In June 2002, the High Court ruled that British law does not allow transsexuals' birth certificates to reflect their change in gender [R2.5].

In July 2001, the Court of Appeal refused to give legal recognition of a 20-year relationship between a male-to-female transsexual and a male as marriage [R2.4].

Three court of appeal judges upheld a ruling by the high court that the marriage is void on the ground that a transsexual cannot be legally recognized as a woman.

Judge Elizabeth Butler-Sloss said Elizabeth Bellinger is not entitled to recognition as a woman, adding that current U.K. law is unsatisfactory when it comes to this issue.

In April 2003, a final appeal to the House of Lords was also rejected [R2.3].

In 2001, In two cases involving the United Kingdom (Rees v. United Kingdom, Judgment No. 106 of 17.10.1986, and Cossey v. United Kingdom, No. 184 of 27.9.1990) the European Court of Human Rights declined to order the government to undertake a comprehensive change of identity papers for post-operative transsexuals [R2.2]. Cf. [R2.6].

In October 1999, in an out of Court settlement, a man who changed gender to become a woman has settled a case for sexual harassment against her employer. The award was the first of its type in Northern Ireland and coincides with the introduction of new gender re-assignment regulations which are part of sex discrimination legislation [R2.1].

Police

In January 2010, the National Trans Police Association (NTPA) which had been running for two years, would reportedly be recognised by the police service in March [R3.3].

In July 2003, police officers in London's Metropolitan Police preparing to undergo sex reassignment will be given 12 months paid leave, with 183 days at full pay, while they have the surgery [R3.2].

In February 2003, a transsexual has joined the Met in what is thought to be the first such recruitment by a British police force [R3.1].

See also notes under: MARRIAGE.

National

A. England & Wales

On 23 March 2010, a new criminal offence making threatening behaviour or materials intended to stir up hatred against people on grounds of their sexual orientation unlawful came into effect [R1A.3].

On 08 May 2008, incitement to hatred on the grounds of sexual orientation (in England and Wales) will become a criminal offence after the Criminal Justice and Immigration Bill passed its final stages in the House of Lords. It is expected to receive Royal Assent immediately [R1A.2].

In October 2003, violent homophobic attacks were classed as a hate crime in a new amendment to the Criminal Justice Bill [R1A.1].

Previously:

There was no hate crime law in England and Wales [R1A.3].

B. Scotland

On 24 March 2010, The Offences (Aggravation by Prejudice) (Scotland) Act 2009 became law in Scotland [R1B.5].

In June 2009, the Scottish Parliament passed The Offences (Aggravation by Prejudice) (Scotland) Act 2009 to protect gay, trans and disabled people from hate crime [R1B.4].

Scottish justice secretary Kenny MacAskill said that extending hate crime laws to protect LGBT people and the disabled will send out a "clear message" that such crimes cannot be tolerated. The Bill put forward by Green MSP Patrick Harvie that would mean courts must take into account motivation when sentencing. Racial and religious motives are already covered by the law [R1B.4].

The Act was expected to come into effect in March 2010 [R1B.3].

In September 2008, the Sentencing of Offences Aggravated by Prejudice (Scotland) Bill proposed by Patrick Harvie, a Scottish Green MSP, last year was expected to become law in 2009. The new legislation would allow Scotland's courts to impose tougher sentences for offences aggravated by the victim's disability, gender identity or sexual orientation [R1B.2].

In June 2008, legislators in Edinburgh in Scotland were accused of "playing politics" after weeks of delays to the Sentencing of Offences Aggravated by Prejudice (Scotland) Bill, a new hate crime bill that bring Scotland into line with England and Wales, where courts can impose tougher sentences for offences committed due to the victims disability or sexual orientation [R1B.1].

C. Northern Ireland

In October 2003, Northern Ireland Secretary Paul Murphy revealed that legislation would be introduced to enable judges in the province to bestow stiffer sentences on offenders who were motivated by prejudice based on any racial, religious or sexual orientation basis [R1C.1].

Courts & Tribunals

In December 2008, the Crown Prosecution Service released figures showing convictions for homophobic and transphobic crimes in the UK were on the rise [R2.1].

National

On 08 September 2011, the BBC reported that government ministers had agreed to allow men in England, Scotland, and Wales who have sex with men (MSM) to donate blood if they have not engaged in oral or anal sexual activity with or without a condom within the past 12 months, effective on 07 November [R1.3], [R1.2].

Previously

Both the Scottish Blood Transfusion Service and the National Blood Service (England and Wales) bar gay and bisexual men from donating blood for life [R1.1].

In January 2010 a gay man whose mother died from cancer called for a change in the law after he was reportedly prevented from donating blood to help her [R1.1].

Courts & Tribunals

On 22 March 2013, Mrs Justice Lang in the High Court ruled the banning of an advert from a Christian group saying 'Not Gay! Ex-Gay, Post-Gay and Proud. Get Over It!' was 'procedurally unfair, in breach of it's (Transport for London's) procedures and demonstrated a failure to consider the relevant issues', but was not unlawful as the ad would cause 'grave offence' to gay people, and would have increased 'the risk of prejudice and homophobic attacks' [C2.3], [R2.2].

In August 2011, in the first case of its kind, a man was reportedly jailed for 14 months for passing on genital herpes to his partner [R2.1].

Courts & Tribunals

In October 2003, a British jury convicted an HIV carrier on two counts of causing biological grievous bodily harm for knowingly infecting two lovers with the virus [R1.1].

National

In 1967 the government of Harold Wilson decriminalised homosexuality in England and Wales at age 21 years.

In 1980 and 1982 respectively, Scotland and Northern Ireland came into line. Jersey in 1990 [R1.10].

On 12 January 2013, Greater Manchester Police reportedly demanded a former soldier Stephen Close's DNA during a major swoop on 'serious' criminals – because he had a gay relationship in the army 30 years ago [R1.9].

From (01) October 2012, men with historic convictions for having consensual gay sex will be able to apply (pursuant to Part 5 Chapter 4 of the Protection of Freedoms Act, Sections 92-101) to have the convictions removed from official databases (in England and Wales only) [R1.8].

On 01 May 2012, the Protection of Freedoms Act received royal assent, allowing convictions for consensual gay sex under now-repealed laws to be expunged from citizens' records [R1.7].

On 12 March 2012, the Protection of Freedoms Bill completed its third reading in the House of Lords, meaning it would soon become law. Under the Bill convictions of 'loitering with intent', made under Section 4 of the Vagrancy Act 1824, would be erased from gay men's criminal records [R1.6].

In October 2011, the government was reported to have tabled amendments to the Protection of Freedoms Bill (introduced to the parliament in February 2011) to remove records of convictions of gay men convicted of now-legal sex acts [R1.5]. Chapter 4 requires an application to the Secretary of State for the conviction or caution to become a disregarded conviction or caution. If "disregarded", the Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution (Section 91).

In December 2010, Lynne Featherstone, the Liberal Democrat equalities minister, was expected to announce firm proposals for new legislation (Protection of Freedoms Bill) enabling men who have historic convictions for homosexual sex with a partner aged over 16 to have records of their crimes expunged [R1.4]. However, Sections 82–86 of the Protection of Freedoms Bill merely use the term disregard and the definition of "disregard" is problematic in that it does not require deletion [L1.4].

In November 2010, Theresa May, Minister for Women and Equalities, announced that those with convictions for consensual gay sex should soon be able to apply to have their records cleared [R1.3].

In 2003, the Government made a commitment that gay men who have been unfairly placed on the sex offenders' register for consensual acts will be "de-registered" [R1.2].

Currently, gay men cautioned or convicted of offences of gross indecency, where one participant is aged between 16 and 18, are made to register as a sex offender [R1.2].

In August 2001, the British Home Office offered a settlement of approximately $20,000 each to seven men convicted of violating a law that bans gay sex in private between more than two people [R1.1].

Courts & Tribunals

In April 2009, a court in Scotland fined a mother £250 for shouting homophobic abuse at her 16 year old son [R2.1].

National

In a change ordered by the EU, men and women will have just one year left to renew or buy new insurance according to their sex. Policies taken out from December 21, 2012 must be 'gender-neutral' and offered at the same price [R1.1]

National

The United Kingdom has no legislation permitting same-sex couples to marry.

The Matrimonial Causes Act 1973 stipulated, for the first time in British law, that marriage partners have to be male and female [R1.13].

On 05 December 2005, legislation to create same-sex civil unions in the UK became law.

See: CIVIL UNIONS, PARTNERS.

On 21 May 2013, the House of Commons passed the Marriage (Same Sex Couples) Bill at third reading 366 votes to 161. The Bill now goes to the House of Lords [R1.12].

On 20-21 May 2013, the House of Commons is expected to debate the Marriage (Same Sex Couples) Bill [R1.11].

On 26 February 2013, the Public Bills Committee passed Clause 1 of the Marriage (Same Sex Couples) Bill 13–4. Clause 1 extends marriage to same-sex couples. Each clause must be pased indivdually [L1.7], [R1.10].

On 05 February 2013, the House of Commons passed the Marriage (Same Sex Couples) Bill after the second reading in a 400–175 vote and the Bill now goes to the committee stage [R1.9].

As at 25 January 2013, the key differences between marriage and civil unions are in regard to financial rights, separate not being equal, living abroad travel restrictions, transgender gender issues, forced outing, adultery and vows and the exclusion of opposite sex partners from civil unions [R1.8].

On 24 January 2013, the Marriage (Same Sex Couples) Bill was introduced to the House of Commons, with a vote expected on 05 February [L1.7], [R1.6].

On 10 December 2012, the legal definition of consummation was reportedly dismissed by gay rights groups as irrelevant but seized on by church and Tory opponents to same-sex marriage. However, government officials reportedly have been unable to find any cases in which annulment on the grounds of non-consummation was used [R1.5].

On 15 March 2012, the 12-week consultation on how to lift the ban on gay couples marrying in a civil ceremony in England and Wales was launched by the government [D1.4], [R1.3].

On 17 September 2011, the Government announced a long-awaited consultation early next year on changing the law on same-sex civil unions to allow such couples to marry (before the next election in 2015) [R1.2].

In July 2009, the Quakers became the first mainstream religious group in Britain to officially sanction gay marriage [R1.1].

Scotland

On 12 December 2012, the Scottish Government released the consultation draft Marriage and Civil Partnership (Scotland) Bill [L1A.8], [R1A.7].

On 25 July 2012, the Scottish Government announced that in late 2012 it would introduce a draft bill permitting same-sex marriage, which if passed would allow marriage early in 2015 [R1A.6].

On 16 July 2012, the Scottish government ruled out a referendum on the proposed introduction of same-sex marriage. A decision on whether to bring forward a bill on same-sex marriage would be made before the end of July [R1A.5].

On 17 March 2010, a report from the Equality and Human Rights Commission (EHRC) [R1A.4] to the Scottish Government says that current law preventing same-sex marriage discriminates against gay people and is not supported by public polls [R1A.3].

In April 2010, the Scottish Government rejected marriage equality pleas from gay couples, claiming that current laws do not need to be reformed. The comments follows the passing of the controversial Equality Bill through Westminster, which will allow couples in England and Wales to have their civil partnership in religious venues [R1A.2].

In March 2009, the Public Petitions committee asked the Scottish Parliament to review the Marriage Act with regard to gay marriage [R1A.1].

Courts & Tribunals

A lesbian couple who were married while living in Canada in 2003 have filed an application in the High Court seeking a declaration that their marriage is valid in the UK [R2.2]. The case is expected to be heard in 2006.

A High Court judge said in June 2006 that he needed more time to consider the application of two lesbians to have their marriage in Canada recognised in Britain [R2.1].

Gender Identity

In England, Wales and Northern Ireland, the fact that an interim gender recognition certificate has been issued to either party to a marriage is a ground for that marriage being voidable [R3.1].

Proceedings for dissolution on this basis must be begun within six months of the issue of the interim certificate [Ibid].

In Scotland, on account of differences in marriage law, the grant of an interim certificate will provide a ground for divorce, rather than make the marriage voidable [Ibid].

See also: GENDER IDENTITY.

Scotland

Under Scottish law cohabiting same-sex couples do not have the right to claim damages for grief, distress, or sorrow and loss of financial support if their partner dies because of someone else's negligence [L1.1], [R1.1].

The Damages (Scotland) Act 1976, covers two kinds of loss - patrimonial and non-patrimonial. Patrimonial loss covers loss of financial support, while non-patrimonial involves intangible losses such as grief and distress.

The Scottish Law Commission has recommended that the law be amended.

Courts & Tribunals

In December 2009, Tina Lane whose civil partner Liz Austin died after her cancer was wrongly diagnosed, won an undisclosed amount in a landmark case for compensation against the Winchester and Eastleigh Healthcare NHS Trust and Salisbury NHS Foundation Trust.

The case is thought to be the first instance in which a civil partner has been awarded compensation for medical negligence [R2.1].

Policy

In February 2005, the Royal Navy became the first branch of the British Military to say it will welcome gay and lesbian personnel to stay in family quarters once they have registered their unions. Other branches of the Military are expected to follow the Navy's lead [R1.3].

The army revoked its ban on homosexuality in 2000 [R1.2].

In October 1999, the Defence Secretary announced that the blanket ban on homosexuals serving in the Armed Forces could be lifted within months [R1.1].

Benefits

Partners of any gay and lesbian service members killed during the war in Iraq will receive their military pensions and other benefits although under existing legislation, only the legal spouses of military personnel who die in active service are entitled to a Ministry of Defense pension [R2.1].

Under the new rules the government said that heterosexual couples and same sex partners will be offered full benefits when a loved one is killed in "conflict".

The government said that a pension will be awarded to partners where there was a "substantial relationship" and eligibility would be judged depending on a range of criteria from financial interdependence, children and shared commitments.

Courts & Tribunals

On 16 May 2011, the Central London Employment Tribunal dismissed as "groundless" allegations that Captain Karen Tait was the subject of sexual discrimination by Lieutenant Colonel Deborah Poneskis, her Commanding Officer, and finding her relationship with Sergeant Caroline Graham when deployed to Afghanistan was "inappropriate" [R3.9].

In November 2008, an employment tribunal in Leeds awarded Lance Bombardier Kerry Fletcher £187,000 in compensation for sex discrimination, victimisation and sexual harassment, finding that the MoD had paid "no more than lip service to the concepts of equal opportunities and the prevention of discrimination" [R3.8].

In October 2009, the employment appeal tribunal ruled that the amount for aggravated damages should be cut down to £8,000, while the £50,000 award for exemplary damages was removed entirely as the panel said it was "unsustainable" [R3.7].

In November 2008, the Ministry of Defence finalised all outstanding compensation claims to gay men and lesbians dismissed from the armed forces because of their sexual orientation [R3.6].

In May 2008, a 43-year old woman who claimed she suffered sexual discrimination and was unfairly dismissed from the British Army after transitioning has won an out of court payout of £250,000 [R3.5].

In October 2002, a former nurse in the Royal Army Medical Corps, was awarded a £78,000 payout after he was thrown out of the forces when he told bosses he was gay in 1982 [R3.4].

The decision will open the floodgates for hundreds of gay members of the forces who were sacked because of their sexuality to claim compensation.

In October 2002, the European Court of Human Rights has ordered Britain to pay compensation of about 590 000 euros, for non-pecuniary and pecuniary damage and for costs and expenses, to five people who were discharged from the army because they were homosexual [R3.3].

In October 1999, at least £4 million was put aside by Geoff Hoon, the then new Defence Secretary, to pay compensation to 60 homosexuals and lesbians suing the Government [R3.2].

On 27 September 1999, the European Court of Human Rights ruled that the right to respect for private and family life had been violated in the investigation by the service police concerning the homosexuality of the applicant and their subsequent discharge [R3.1].

National

In June 2012, the Child Support Agency (CSA), demanded that Mark Langridge start paying £26 ($41, €32) a week for two children he technically altruistically fathered over a decade ago, despite not being named on the birth certificates of the two children and playing no role in their upbringing [R1.3].

From 03 April 2011, Additional Paternity Leave Regulations 2010, fathers – including same sex partners and to adoptive parents – have the right to take the balance of up to six months' of the mother's paternity leave on top of the pre-existing two weeks "ordinary paternity leave" [R1.2].

From 5 December 2005, civil partners who are parents will be treated in the same way as married partners for Child Support. Also, parents who are living with a same-sex partner even when they have not formed a civil partnership will be treated in the same way as parents who live together with an opposite-sex partner, but are not married [R1.1].

A. England & Wales

The Adoption and Children Act 2002 allows gay couples to jointly apply for adoption for the first time [R1A.5].

Previously, only one partner could apply for adoption, leaving their partner with no legal rights or responsibilties. The same law extended eligibility to unmarried opposite-sex couples [R1A.5].

In January 2009, 50% of the Catholic adoption agencies that threatened to close if forced to work with gay couples reportedly had adopted the new equality law [R1A.4].

In July 2008, the Catholic Children’s Society of Arundel and Brighton, Portsmouth and Southwark decided to consider same-sex couples as potential parents however, the chief executive claimed that gay and lesbian couples "will not get very far" if they apply [R1A.3].

However, see Courts & Tribunals below.

In June 2008, the Catholic Children's Society in Westminster planned to ignore the equality laws, and continue only placing children with heterosexual couples or single people believing that by amending their by-laws to refer directly to married heterosexual couples, the agency claimed that it would avoid having to provide their services to gay and lesbian couples [R1A.2].

In February 2007, the British Prime Minister announced that the Catholic Church will not be exempt from new adoption laws in the UK on the basis of sexual orientation [R1A.1].

B. Scotland

As from 28 September 2009, gay couples are permitted to adopt children together [R1B.4].

In April 2009, Children's Minister, Adam Ingram, announced that the Scottish Government would introduce regulations to make it easier for gay couples to jointly adopt children [R1B.3].

In February 2009, a Scottish heroin addict's two children were to be adopted by a gay couple after social services ruled that their grandparents were unsuitable to look after them [R1B.2].

In April 2004 and again in June 2005, Scotland was thought likely to overhaul its adoption laws, with same-sex couples being given the right to adopt together for the first time [R1B.1].

Although lesbian and gay people are allowed to adopt children under Scottish law, they cannot do it as a couple or register their child with both parents.

It is thought the update is to bring Scotland in line with the rest of the mainland UK, where adoption by same-sex couples was made legal in 2003.

C. Northern Ireland

In June 2008, in the aftermath of a landmark House of Lords court case which paved the way for unmarried couples in Northern Ireland to adopt, legal experts said there should be no reason as to why gay couples cannot take advantage of the ruling [R2.15].

Courts & Tribunals

On 14 February 2013, Mrs Justice Theis DBE in the High Court granted a parental order, finding male Californian domestic partners, Polish born A and American B, formerly of the US and now domiciled in the UK, have a child C born to an Indian surrogate who carried an embroyo fertilised with B's sperm, transfering parental responsibility from the birth mother [C2.28], [R2.27].

On 05 March 2013, the Office of the Scottish Charity Regulator upheld the ruling that the St Margaret's Children and Family Care Society policy of excluding gay couples from their adoption system was unlawful discrimination. Subject to a right of appeal to the Scottish Charities Appeal Panel, non-compliance by 22 April could see the Society removed from the Scottish Charites Register [C2.26], [R2.25].

On 22 January 2013, the Office of the Scottish Charity Regulator finds the St Margaret's Children and Family Care Society is operating in breach of the Equality Act 2010: the criteria it applies to people who enquire about assessment as prospective adoptive parents discriminate unlawfully against same sex couples [C2.24], [R2.23].

On 02 November 2012, the Hon Mr Justice Sales in the Upper Tribunal affirmed the lower tribunal's decision, ruling the adoption agency Catholic Care cannot change its objects to exclude gay couples from using its adoption service [C2.22], [R2.21].

See also: [R2.18], [R2.3–2.12] below.

On 28 September 2012, Mr Justice Jonathan Baker granted a gay couple 'parental orders' after hearing that they had taken 'all reasonable steps' to find the anonymous commercial surrogate donor in India, who handed over the boys last year without giving her formal written consent. It is believed to be the first time that a court in England or Wales has made such an order without the consent of a birth mother [C2.20], [R2.19].

On 26 April 2011, the Charity Tribunal unanimously ruled that Catholic Care could not opt-out of equality laws and discriminate against gay couples in the placement of adoptees [R2.18].

See also [R2.3–2.12] below.

On 28 February 2011, the High Court affirmed a council's decision to bar a couple from fostering children because they oppose homosexuality [R2.17].

In October 2010, heterosexual couple Eunice and Owen Johns appealed a fostering ban Derby City Council imposed upon them for their views against homosexuality, believing those views to be in contravention of equality laws [R2.16].

In October 2010, the Catholic Care agency filed an appeal against the Charity Commission for England and Wales, who forbade them to turn away any same-sex couples approaching them with a view to becoming adoptive or foster parents [R2.15].

In August 2010, the Charity Commission ruled that Catholic Care (Leeds) could not amend its its charitable objectives to avoid equality legislation, which requires it not to discriminate, and thereby restrict its service to heterosexual couples [R2.3]. See also R2.12 et seq.

On 18 June 2010, High Court Justice Moylan ruled that a lesbian parent who was not in a civil partnership with her ex-girlfriend does not have to pay maintenance for their child [R2.13].

On 17 March 2010, High Court Justice Briggs allowed the appeal of the Leeds–based Catholic Care and ordered the Charity Commission to reconsider the adoption discrimination case [R2.12].

The appeal was based on Regulation 18 of the 2007 Sexual Orientation Regulations, which was designed to protect gay charities from litigation if they discriminated against straight people, allowing charities to discriminate if their aims are to serve people of a particular sexual orientation [R2.11].

In July 2009, the Charity Tribunal gave permission for the Catholic Care (Diocese of Leeds) adoption agency to appeal against a ruling which said it could not discriminate against gay couples. The case went to the High Court [R2.10].

In June 2009, a Catholic woman whose son was to be placed with a gay foster couple after she was unable to look after him was taking legal action over the case, alleging the child could be "encouraged" into a lifestyle which is against her beliefs [R2.9]. In July 2009, the Brighton and Hove council reportedly was reviewing the decision [R2.8] and the couple withdrew from the plan after negative media coverage [R2.7].

In May 2009, Catholic Care (Diocese of Leeds) argued before the Charity Commission tribunal that it should be allowed to continue rejecting same-sex couples as potential adoptive parents [R2.6].

In April 2009, one of the two Catholic adoption agencies which launched a legal challenge over gay adoption withdrew its case [R2.5].

In December 2008, the Charity Commission told two Roman Catholic-run adoption agencies (in Leeds) they cannot change the purpose for which they were created in order to avoid dealing with homosexual couples [R2.4].

In October 2008, the Charity Commission has ruled that a Roman Catholic-run adoption agency (in Westminster) cannot change the purpose for which it was created in order to avoid dealing with homosexual couples [R2.3].

In June 2008, in the aftermath of a landmark House of Lords court case which paved the way for unmarried couples in Northern Ireland to adopt, legal experts said there should be no reason as to why gay couples cannot take advantage of the ruling [R2.2].

In April 2005, the High Court ruled on appeal that the ex partner of the biological mother of two girls has shared parental responsibility for the girls and that her application for a joint residence order be granted [R2.1].

National

On 12 January 2013, Greater Manchester Police reportedly demanded a former soldier Stephen Close's DNA during a major swoop on 'serious' criminals – because he had a gay relationship in the army 30 years ago [R1.2].

In May 2010, the Labour ID Card system and related National Identity Register were to be abolished [R1.1].

Municipal

On 26 June 2012, for nearly three weeks, the names, addresses, relationship status, gender, ethnicity, and religion details of 2,376 residents was available online through the Freedom of Information request website WhatDoTheyKnow.com [R2.1].

National

In February 2013, Erimus Housing reportedly told Stephanie Elliott Lowther, 46, that they could not help with her request to move away from neighbours who subjected her to transphobic abuse as her gender identity was a "lifestyle choice" that she could opt out of. After registering a formal complaint, the company apologised and committed to carrying out diversity training for their staff [R1.4].

On 10 December 2009, the government announced that schools will be required to record all incidents of homophobic, racist and sexist bullying [R1.3].

In December 2003, legislation was introduced guarding victims of domestic violence and covering same sex couples [R1.2].

In July 2003, the Northamptonshire Police established a website in a bid to encourage gay people to report homophobic crime without fear of reprisals [R1.1].

Scotland

In September 2011, Law lecturer Brian Dempsey said that the definition of domestic abuse as an offence perpetrated by men against women does "serious damage" to gay and transgendered people suffering violence in the home [R2.1].

The official definition states: "Domestic abuse (as gender-based abuse), can be perpetrated by partners or ex partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate women [emphasis added] and are perpetrated against their will, including rape) and mental and emotional abuse …" [R2.1].

Courts & Tribunals

On 23 October 2013, District Judge Bodfan Jenkins at Cardiff Magistrates Court spoke of his frustration after he was forced to allow Jayne Collins, who had caused years of homophobic torment for her neighbours Helen Leach and Lauryn Bradley, to be given a suspended sentence after finding Collins guilty of harassment, public order offences and racially aggravated behaviour [R3.8].

In April 2011, Employment Tribunal chairman Jonathan Whittaker awarded female manager Louis Smith £12,300 in damages after she was groped and harassed by an unnamed gay stable-boy [R3.7].

On 09 December 2009, Birmingham County Court handed down an Anti-Social Behaviour Injunction to a council tenant and issued a 56 day possession order of his home following his having been both verbally and physically abusive towards residents. One resident was subjected to many accounts of homophobic abuse [R3.6].

In July 2009, an employment tribunal awarded a lesbian couple who were harassed by colleagues over their sexuality £22,000 in compensation [R3.5].

In February 2009, A gay airport employee, who was sexually harassed by a female colleague who had created an "offensive environment" for him by persistently making comments about his sexuality and inappropriate gestures, was awarded £62,525 in compensation [R3.4].

In December 2008, the Court of Appeal said that protection should be extended to victims of homophobic abuse at work, even when the perpetrators are aware that the victim is not gay, but the abuse is motivated by homophobia and associated stereotypes. The Court upheld the appeal of a 56-year-old married man who was repeatedly taunted at work about being gay because he lives in Brighton [R3.3].

In June 2006, advice from the Equal Opportunities Commission stated that even when an offensive email is not directly to the victim it can constitute sexual harassment. Staff who circulate lewd jokes by email or text message could land their employers with compensation claims [R3.2].

Abuse by disruptive pupils against a lesbian teacher in the early 1990s, was held not discriminatory under the Sex Discrimination Act 1995. The teacher could not invoke the Human Rights Act 1998 to claim compensation under the European Convention on Human Rights since that Act was not in force when the abuse took place [C3.1].

Court of Appeal: Before Lord Justice Henry, Lord Justice Judge and Lady Justice Hale - Judgment July 31, 2001 on appeal from dismissal of a claim for compensation for dismissal from employment by the Employment Appeal Tribunal (Mr Justice Burton, Mrs T. Marsland and Mr T. C. Thomas) (The Times April 19, 2000; (2000) ICR 920) [R3.1].