Laws

UNITED KINGDOM

See also: [Guernsey] [Isle of Man] [Jersey] [Northern Ireland] [Scotland]

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Annuities, Pensions
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Bullying
Censorship
Civil Unions
Custody of Children
Defamation
Discrimination
Estates, Wills
Fostering Children
Free Speech
Gender Identity
Harassment
Hate Crimes
Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance, Succession
Insurance
In Vitro Fertilisation (IVF)
Marriage
Medical Negligence
Military
Parenting
Partners
Pensions, Annuities
Privacy
Property
Sodomy
Surrogacy
Tenancy
Transgender, Transsexual
Violence
Wrongful Death
See also: PinningtonLaw: The Non-Lawyers Guide to Legal Terms (Accessed 03 NOV 14)
Stonewall: Your Welcome! A guide for gay visitors to Britain PDF 2.04MB, 26 JUN 12
The Lesbian & Gay Foundation: A Guide to your rights PDF 1.88MB, 08 MAY 07

Please read the Disclaimer

Age of Consent Legislation/Cases/References
1.

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].

L1.4 Legislation.gov.uk: Sexual Offences Act 2003 (Accessed 11 February 2013)
R1.3 PinkNews.co.uk: Change to Age of Consent Given Parliamentary Approval 05 JUN 08
L1.2 Sexual Offences (Amendment) Bill
Sexual Offences (Amendment) Bill
Explanatory Notes
R1.2 The Advocate: United Kingdom Lowers Gay Age of Consent 01 DEC 00
R1.1 The Guardian: Discriminatory Consent Laws Label Gay Men Paedophiles 27 JAN 03
Annuities, Pensions, Superannuation Legislation/Cases/References
1.

National

On 28 October 2015, it was reported that m2f transgender Sandra MacDougall transitioned in 2000, before the 2004 Gender Recognition Act. She started receiving her pension last November, after passing the current female pension age of 63 however, in the absence of evidence in the form of a Gender Recognition Certificate, the Department of Work and Pensions has deemed her a man, denying the pension until she is 65 years old. A Gender Recognition Certificate requires a £140 fee, opinions from two medical professionals, 'proof' of living in their gender for two years and convincing a Gender Recognition Panel that their change is permanent [R1.2].

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].

2.

Courts & Tribunals

On 10 August 2016, the Supreme Court was divided as to whether M2F transgender MB was entitled to a pension as a woman at age 60. MB was denied the penion because she did not have a full gender recognition certificate, an official document she could not obtain because she remained married to a woman, same-sex marriage not being lawful at the time. The Court has referred the question to the European Court of Justice as to whether the acquired gender of a married transsexual person not being recognised for the purpose of determining the qualifying age for a state pension was compatible with Directive 79/7/EEC [C2.12], [R2.11].

On 09 August 2016, it was reported that John Walker had lodged an appeal in the Supreme Court against the dismissal by the Court of Appeal of his claim to allow equal pension death benefits from the Innospec Pension Fund to accrue to his husband. A hearing is expected in November [R2.10].

On 06 October 2015, the Court of Appeal dismissed the appeal of John Walker, who retired from Innospec on 31 March 2003, lived with his partner and now husband from September 2003 and registered their civil partnership on 23 January 2006. The Court ruled that his pension accrued before civil partnerships were recognised in law on 05 December 2005 and therefore, were Mr Walker to die, the Innospec pension fund was not obliged to pay his surviving partner the full opposite-sex entitlement of about £41,000 a year and would only pay about 1% of that amount, as the legislation was not retroactive [C2.9], [R2.8].

On 31 July 2014, Lord Justice Maurice Kay in the Court of Appeal, London ruled that post-operative m2f transgender MB was not entitled to receive the female state pension at the age of 60 because her marriage was not annulled. In April 2005 transgender people acquired the right to apply for a full gender recognition certificate under the 2004 Gender Recognition Act, but at that time a certificate could not be issued to a married person who did not have their marriage annulled on the basis of their gender change, to avoid the law recognising a marriage between two people of the same sex when such a marriage was not then otherwise permissible [C2.7], [R2.6].

On 18 February 2014, Mr Justice Langstaff in the Employment Appeal Tribunal ruled that the UK Equality Act 2010 includes an exemption that allows companies, if they wish, to pay out less in survivor benefits to those in civil partnerships compared to married couples, limiting the amount of survivor's pension owed to the civil partner of one of its members to the benefits accrued since 05 December 2005, the date at which civil partnerships came into law [C2.5], [R2.4].

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]

R1.2 PinkNews: Elderly trans woman blocked from claiming pension because the law sees her as a man 28 OCT 15
R1.1 PinkNews: 'Married man' rule for gay pensioners addressed in marriage consultation 20 MAR 12
Courts & Tribunals
C2.12 Judgment: MB v. Department for Work and Pensions [2016] UKSC 53 PDF 184.78kb 10 AUG 16
R2.11 ReutersUK: Stumped by transgender pension case, British top court seeks EU help 10 AUG 16
R2.10 CityWire: Same sex couple set to appeal landmark pension case in Supreme Court 09 AUG 16
C2.9 Judgment: Dermond O'Brien and Ministry of Justice v. Mr John P D Walker and Innospec & Ors [2015] EWCA Civ 1000 RTF 175kb 06 OCT 15
R2.8 BBCnews: Gay couple lose court fight for equal pension rights 06 OCT 15
C2.7 Judgment: MB -v- Secretary of State for Work and Pensions [2014] EWCA Civ 1112, 31 JUL 14
R2.6 PinkNews: Court tells trans woman: You can’t have a female pension 31 JUL 14
C2.5 Judgment: Innospec Ltd & Ors. v. Mr J Walker UKEAT/0232/13/LA, 18 FEB 14
R2.4 DailyMailOnline: Setback for same-sex partners as ruling means pension payouts on death can be smaller than those given to straight married couples 24 FEB 14
C2.3 Judgment: J Walker v. Innospec Ltd & Ors 2411316/2011, [2013] EqLR 72 PDF 3.03MB, 23 NOV 12
R2.2 Daily Mail: Same-sex pension ruling to cost £90m after former cavalry officer wins landmark legal battle 23 DEC 12
R2.1 MoneyMarketing: Liberty secures pension benefits for civil partner 05 SEP 11
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
See also: [CHILDREN] [PARENTING]
1.

National

On 24 February 2015, the House of Lords approved the Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015, that will make the UK the first country to approve a law to allow babies to be created from the DNA of three people. Under the new rules, IVF (In-Vitro Fertilisation) clinics will be able to replace an egg's defective mitochondrial DNA with healthy DNA from a female donor's egg with effect from 20 October 2015 [L1.13], [R1.12].

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 within 6 months of the birth, 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 IVF 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].

2.

Courts & Tribunals

On 01 July 2016, it was reported that Ms Justice Russell in the High Court declared a gay couple who paid three different surrogate mothers £40,000 to have three babies in six months the legal parents of their children, whilst finding their conduct in attempting to mislead the Court regarding payments was reprehensible. The Judge heard evidence from the children's court-appointed guardian who praised the couple's excellent parenting [R2.9].

On 30 June 2016, Ms Justice Russell in the High Court ruled it was in the best interests of the baby child Z - conceived in Cyprus by the implanting of a frozen embryo stored from a previous procedure and provided by the biological father A, the same-sex partner of B, after making contact through a FaceBook surrogacy site - should remain with his surrogate mother. The circumstances of ''surrogacy agreement'' were controversial. As there was some agreement as to naming, it was ordered that the child should have A's surname [C2.8], [R2.7].

On 20 May 2016, Judge Sir James Munby, president of the Family Division of the High Court, made a "declaration of incompatibility" in a ruling in favour of the father of Z, his biological son who was carried to birth by a surrogate mother. The ruling found that section 54 of the Human Fertilisation and Embryology Act 2008 is incompatible with Article 14 European Convention on Human Rights taken in conjunction with Article 8 insofar as it prevents the father from obtaining a parental order on the sole ground of his status as a single person as opposed to being part of a couple [C2.6], [R2.5].

On 13 February 2015, Mrs Justice Theis in the Family Court granted the application of biological father Kyle Casson to legally adopt his son Miles although he's the infant's brother in the eyes of the law. The child was conceived via IVF after an anonymous donor egg was fertilized with sperm from Kyle whose mother was the gestational surrogate [C2.4], [R2.3].

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].

3.

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].

4.

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].

L1.13 Regulation: Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 PDF 65.34kb (Accessed 25 FEB 15)
R1.12 PinkNews: Britain becomes first country to approve three-person babies 24 FEB 15
R1.11 GayStarNews: Gay sperm donor told to pay for 'his' daughters 29 OCT 12
R1.10 PinkNews.co.uk: Lesbian couple are first to jointly sign birth certificate 19 APR 10
R1.9 PinkNews.co.uk: Law change helps gay dads of surrogate children 29 MAR 10
Manchester Evening News: Gay couple seeking surrogate … 02 FEB 11
R1.8 PinkNews: India [to] ban[s] gay couples from surrogacy 25 FEB 11
R1.7 PinkNews.co.uk: Lesbians still being denied fertility treatment 05 OCT 09
R1.6 PinkNews.co.uk: Lesbian parents now permitted to be named on birth certificates 01 SEP 09
PinkNews.co.uk: Parental rights for lesbian couples 'are not automatic' 08 JUN 09
R1.5 PinkNews.co.uk: Lesbian couples undergoing IVF now permitted to put both names on birth certificates 06 APR 09
PinkNews.co.uk: What the new IVF parenthood laws mean for lesbians: Analysis 02 MAR 09
R1.4 The Sunday Age: Two Mums Legal 04 NOV 07
PinkNews.co.uk: ANALYSIS: New Law Will Give Lesbians Equal Access to Fertility Treatment 22 OCT 08
R1.3 The Age: British Vote Marks Parenthood Victory for Gays 22 MAY 08
R1.2 MCV: Sperm Donor Denies Financial Responsibility 13 DEC 07
2. Courts & Tribunals
R2.9 PinkNews: Gay couple who 'bought' three babies in six months declared legal parents 01 JUL 16
C2.8 Judgment: Re Z (surrogacy agreements) (Child arrangement orders) [2016] EWFC 34 HTML 30 JUN 16
R2.7 Mirror: Judge rules surrogate mother could give baby a better home than gay couple 01 JUL 16
C2.6 Judgment: In the Matter of Z (A Child) (No 2) [2016] EWHC 1191 (Fam) HTML 20 MAY 16
R2.5 MatlockMercury: Surrogacy legislation discriminates against single people, judge rules UK (E&W) 23 MAY 16
C2.4 Judgment: B v C (Surrogacy - Adoption) [2015] EWFC 17 PDF 331.68kb 13 FEB 15
R2.3 GayStarNews: Woman in the UK becomes surrogate mother for gay son 07 FEB 15
R2.2 PinkNews.co.uk: Lesbian couple win right to have IVF on the NHS 21 JUL 09
R2.1 PinkNews.co.uk: Lesbian Couple's Victory Over NHS Fertility Treatment 27 FEB 09
R3.3 The Age: Lesbian Sperm-Donor Service Launched in UK 23 JUN 02
R3.2 Associated Press: Sperm Website 'Overwhelmed' 27 JUN 02
R3.1 PinkNews.co.uk: Sperm Bank Man Gets 16 Months for Fraud 09 APR 08
R4.1 MCV: Sperm Donor Denies Financial Responsibility 13 DEC 07
Asylum, Immigration, Refugees Legislation/Cases/References
1.

Asylum, Refugees

On 18 January 2016, it was reported that after a three and a half year battle, bisexual Jamaican Orashia Edwards, 33, was granted refugee status and the right to stay in the UK on the grounds of his sexuality. Authorities had claimed he was heterosexual and had just been ''experimenting'' with men [R1.27].

On 17 November 2015, it was reported that the Home Office notified 35-year-old Ugandan-born Robert Kityo his asylum application was denied: 'It is not accepted that you are a homosexual and an openly gay man'. Kituo said a warrant had been issued for his arrest if he returned to Uganda. The Home Office is believed to be taking a further look at his case [R1.26].

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].

2.

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].

3.

Courts & Tribunals

On 22 February 2017, the Supreme Court rejected an appeal by five families that the 2012 rules - stipulating that Britons must earn more than £18,600 ($23,140) before a husband or wife from outside the European Economic Area (EEA) can settle in the UK - breached their human right to a family life, finding the minimum income requirement was ''acceptable in principle'' [C3.6], [R3.5].

On 12 May 2016, the Court of Appeal delivered judgment in the context of immigration and human rights law and same-sex migrant couples, who have entered into a civil partnership, or marriage, and are challenging removal on the basis that the country of origin provides no legal recognition or protection of their relationship. The Court held that the Appellants cannot resist removal to India as this would not be a flagrant denial or violation of their right to a family life and/or would be proportionate on the basis of the United Kingdom's right to immigration control and a lack of evidence that the couple will suffer violence on returm [C3.4], [R3.3].

On 18 November 2015, the Supreme Court ruled the UK's spouse visa rules for nationals outside the European Union requiring visa applicants to learn a basic level of English and pass a test at an approved centre before being allowed to enter the country, was not 'unreasonable, disproportionate and discriminatory'. The Court indicated that the way the scheme operated might be unlawful and asked lawyers to present further arguments, also suggesting that exemptions may be made in cases where it was impractical to apply the rule [C3.2], [R3.1].

1. Asylum, Refugees
R1.27 PinkNews: Bisexual Jamaican man wins right to stay in the UK after deportation battle 18 JAN 16
R1.26 Kaleidoscot: Home Office denies asylum to gay man that ‘failed to prove’ sexuality 17 NOV 15
R1.25 GayStarNews: Asylum seekers making sex videos to prove they are gay 04 FEB 13
R1.24 PinkNews: Gay asylum seeker loses deportation fight 15 OCT 12
C1.23 UNHCR: LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) PDF 236.06kb, 08 JAN 12
R1.22 New Zimbabwe: UK court rules on asylum for Zimbabwe homosexuals 30 JAN 12
R1.21 PinkPaper: Immigration judges grant Jamaican lesbian UK residency 06 JUL 11
R1.20 LGBT Asylum News: UK Government denies appeal rights to refused gay asylum seekers from Jamaica, Nigeria and Ghana 11 MAR 11
R1.19 The Advocate: Supreme Court rule gay asylum seekers can't be deported to persecution 07 JUL 10
R1.18 UK Gay News: End to Deportation of Gay Asylum Seekers as British Government Unveils Its Gay and Transgender Rights Agenda 16 JUN 10
HM Government: Working for Lesbian Gay Bisexual and Transgender Equality PDF 278.58kb JUN 10
R1.17 PinkNews: Malaysian trans woman wins asylum in UK 28 JUL 10
R1.16 Guardian: UK policy on gay and lesbian asylum seekers challenged in supreme court 09 MAY 10
R1.15 PinkNews.co.uk: Gay asylum seeker John Bosco Nyombi wins right to stay in UK 01 JUN 09
R1.14 PinkNews.co.uk: Iranian Lesbian Granted Asylum in the UK 12 FEB 09
R1.13 PinkNews.co.uk: UK Set to Deport Gay Man Back to Iraq 05 FEB 09
R1.12 PinkNews.co.uk: Ugandan Lesbian Granted Asylum in UK 20 OCT 08
R1.11 PinkNews.co.uk: Ban On Gays in Home Countries Not Enough to Claim Asylum, Says Immigration Boss 13 OCT 08
R1.10 PinkNews.co.uk: Gays Have No Legal Protection from International Persecution says Tribunal 06 JUL 08
R1.9 PinkNews.co.uk: Hope for Ugandan Lesbian's Asylum Appeal 04 JUL 08
R1.8 PinkNews.co.uk: Gay Artist Faces Deportation After Asylum Claim is Rejected 15 JUN 08
R1.7 MCV: Iranians Fight Deportation 13 MAR 08
R1.6 MCV: Extreme Protest 26 JUL 07
R1.5 Manchester Evening News: Muslim Gay Wins Asylum Appeal 20 JUL 05
R1.4 Gay.com U.K.: British Judges Order Review Of Two Gay Zimbabwe Men 10 JUL 02
R1.3 365Gay.com: Britain denies asylum for gay pianist 06 JAN 03
R1.2 The Advocate: U.K. Grants Asylum to Gay Jamaicans 15 OCT 02
R1.1 Beirut Daily Star: For Some Young Lebanese Staying Means 'Life Will be Over' 12 OCT 01
2. Immigration
R2.3 PinkNews.co.uk: Gay Hate Preachers Will Be Refused Entry to UK Under New Rules 28 OCT 08
R2.2 The Sunday Age: UK Opens Its Arms to Homosexual Migrants 08 JAN 06
R2.1 Gay.com UK: New Immigration Rules Make Major Changes to the Rules on Marriage and Unmarried Partners 08 APR 03
3. Courts & Tribunals
C3.6 Judgment: R (on the application of MM (Lebanon)) (Appellant) v Secretary of State for the Home Department (Respondent) et al [2017] UKSC 10 PDF 353.46kb 22 FEB 17
R3.5 BBCnews: Income rules for foreign spouses upheld 22 FEB 17
C3.4 Judgment: SB and CB v. Secretary of State for the Home Department [2016] EWCA Civ 451 HTML 12 MAY 16
R3.3 No5Chambers: Court Of Appeal Dismisses Married Lesbian Couple’s Appeal Challenging Removal To India On Human Rights Grounds 12 MAY 16
C3.2 Judgment: R (on the application of Ali) (Appellant) v. Secretary of State for the Home Department (Respondent), R (on the application of Bibi) (Appellant) v. Secretary of State for the Home Department (Respondent) 2015] UKSC 68 PDF 311.29kb 18 NOV 15
R3.1 TheNewIndianExpress: UK Court Rules Immigrant Spouses Must Speak English 18 NOV 15
Censorship, Free Speech Legislation/Cases/References
See also: [DEFAMATION]
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]

2.

Wales

On 09 February 2016, it was reported that gay hook-up app Squirt.org posters - promoting 'Non-stop hookups' - were removed after Twitter users branded them 'inappropriate' and 'disgusting' and complained to Cardiff Bus and Cardiff City Council [R2.1].

3.

Courts & Tribunals

On 30 July 2014, Mrs Justice Lang in the High Court, Queen's Bench Division ruled that the decision to ban an 'ex-gay' bus advert had been made solely by Transport for London, albeit after the Mayor’s office had given its views, and that she believed he “was not motivated by an improper purpose, namely, to advance his Mayoral election campaign” [C3.8], [R3.7].

On 27 January 2014, the Court of Appeal upheld Transport for London's original decision and right not to run “ex-gay” adverts by the Core Issues Trust. However, the Master of the Rolls, Lord Dyson, ruled that a judicial investigation was needed to consider whether Mayor Mr Johnson had acted “for an improper purpose” [C3.6], [R3.5].

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' [C3.4], [R3.3].

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 [C3.2], [R3.1].

R1.2 The Telegraph: Law which made it illegal to call a police horse 'gay' is to be changed 14 JAN 13
R1.1 Peter Tatchell: Christian homophobes should not be criminalised 23 DEC 10
R2.1 GayStarNew: Squirt adverts removed from Cardiff bus shelters 09 FEB 16
C3.8 Judgment: Core Issues Trust v. Transport for London [2013] EWHC 651 (Admin) 30 JUL 14
R3.7 PinkNews: High Court judge favours Mayor and TFL in ruling on ‘ex-gay’ bus advert ban 30 JUL 14
C3.6 Judgment: The Queen on the application of Core Issues Trust v. Transport for London & Anor. [2014] EWCA Civ 34, 27 JAN 14
R3.5 PinkNews: Transport for London 'welcomes' court ruling in favour of anti-gay bus advert ban 27 JAN 14
C3.4 Judgment: Core Issue Trust v. Transport for London [2013] EWHC 651 PDF 506.09kb 22 MAR 13
R3.3 GayStarNews: Gay 'cure' London bus advert ban ruled 'not illegal' 23 MAR 13
C3.2 Judgment: Adrian Smith v. Trafford Housing Trust [2012] EWHC 3221 (Ch) PDF 251.29kb, 16 NOV 12
R3.1 The Advocate: Man Wins Case Against Employer Who Demoted Him for Facebook Comments 16 NOV 12
Children: Access, Custody, Visitation Legislation/Cases/References
See also: [PARENTING]
1.

Courts & Tribunals

On 30 January 2017, Mr Justice Peter Jackson in the Family Court sitting in Manchester refused the application of the M2F transgender father for visitation to his five children who are living within the Charedi community in Manchester, reaching 'the unwelcome conclusion that the likelihood of the children and their mother being marginalised or excluded by the ultra-Orthodox community is so real, and the consequences so great, that this one factor, despite its many disadvantages, must prevail over the many advantages of contact.' There would be indirect contact four times a year for each child, perhaps coinciding with their birthdays, and with Pesach, Sukkot and Hanukkah [C1.26], [R1.25].

On 30 June 2016, Ms Justice Russell in the High Court ruled it was in the best interests of the baby child Z - conceived in Cyprus by the implanting of a frozen embryo stored from a previous procedure and provided by the biological father A, the same-sex partner of B, after making contact through a FaceBook surrogacy site - should remain with his surrogate mother. The circumstances of ''surrogacy agreement'' were controversial. As there was some agreement as to naming, it was ordered that the child should have A's surname [C1.24], [R1.23].

On 27 May 2016, Mr Justice Keenan in the High Court of Justice (Family Division), ruled that two men in their mid-20s (one the brother of the mother) would not be able to care for three children taken from the care of their mother ''sufficiently well to promote and enhance their welfare and development'' and that the children should instead be placed for adoption [C1.22], [R1.21].

On 03 February 2016, in what is believed to be the first case of a child being taken abroad by a parent previously in a same sex relationship, the Supreme Court has ruled 3-2 that the daughter B of the same sex couple was ''habitually resident'' in the UK when her biological mother took her abroad to Pakistan and the Court had jurisdiction to make rulings on B's welfare (including whether B should return to England occasionally or permanently to spend time with the mother's former partner) and should now do so [C1.20], [R1.19].

On 13 November 2015, Mrs Justice Theis in the Family Court ruled that biological father JK of a toddler X should not be able to visit her, with indirect contact once a year meeting X's current welfare needs to have information about her biological father. HS and KS are civil partners and X's legal parents. By agreement the terms of which were disputed, HS gave birth to X following artificial insemination using JK's sperm donation [C1.18], [R1.17].

On 14 October 2015, Mr Justice Cobb in the Family Division of the High Court ordered that it is in the best interests of a 14-year-old girl who was born as a result of donor fertilisation to have a “limited form of relationship” with her biological father and his civil partner [C1.16], [R1.15].

On 06 August 2015, the Court of Appeal (Civil Division) dismissed the appeal of the non-biological civil partner of the birth mother of the child B [quaere "P"] (conceived by anonymous donor in April 2008 and now removed from the UK by the birth mother to Pakistan), declining to exercise inherent jurisdiction, the child being found no longer habitually resident in the UK. The non-biological partner's real objective being to have the child made a ward of the court and returned to the UK, "a devious entry to the court by the back door". The case is on appeal to the Supreme Court [R1.14]. [C1.13].

On 02 May 2014, Justice Peter Jackson at the Royal Courts of Justice, found that Ms L was instrumental in artificially inseminating her then partner Ms C by syringe with anonymous donor sperm and that she subsequently provided loving care of the child G after the birth. C later removed the child to Ireland. The Court declared that at the date of G's removal from England on 3 January 2014 family life within the meaning of Article 8 of the European Convention on Human Rights existed between G and Ms L., opening the way for L to seek joint residency of the child [C1.12], [R1.11].

On 30 April 2015, the judgment of Ms Justice Russell was published, ruling that it was in the best interests of the child M should live with same-sex couple, biological father H and his partner B as parents and not S, the surrogate mother who is to have supervised contact with M for as long as necessary. There was a dispute as to what was actually agreed between the parties [C1.10], [R1.9].

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 [C1.8], [R1.7].


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 [C1.6], [R1.5].


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 [R1.4].


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 [R1.3].

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 [R1.2].


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 [R1.1].

C1.26 Judgment: J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4 PDF 766.74kb 30 JAN 17
R1.25 FamilyLawWeek: J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4 01 FEB 17
C1.24 Judgment: Re Z (surrogacy agreements) (Child arrangement orders) [2016] EWFC 34 HTML 30 JUN 16
R1.23 Mirror: Judge rules surrogate mother could give baby a better home than gay couple 01 JUL 16
C1.22 Judgment: Birmingham City Council v. LC (1), X (2), A, T, W and H (3-6) (By their children's guardian), EH (7), G (8), K (9) [2016] EWHC 1278 (Fam) HTML 27 MAY 16
R1.21 DaventryExpress: Judge rules placing three children with two men not 'realistic option' 27 MAY 16
C1.20 Judgment: In the Matter of B (A child) [2016] UKSC 4 PDF 307.35kb 03 FEB 16
R1.19 StoweFamilyLaw: Supreme Court: child of same sex couple habitually resident in the UK 03 FEB 16
C1.18 Judgment: JK -and- HS and KS -and- X By Her Children's Guardian [2015] EWFC 84 13NOV 15
R1.17 MarilynStowe: Biological father 'cannot visit child' 17 NOV 15
C1.16 Judgment: Re A and C (Contact) (No 4) [2015] EWHC 2839 (Fam) 231kb 14 OCT 15
R1.15 TheTelegraph: Girl must stay in touch with two 'fathers' after 'extraordinary' High Court case 15 OCT 15
R1.14 TheGuardian: Estranged lesbian couple's fight over child goes to supreme court 09 DEC 15
C1.13 Court of Appeal Judgment: Re B (A Child) (Habitual Residence) (Inherent Jurisdication) [2015] EWCA Civ 886 RTF 124kb 06 AUG 15
C1.12 Judgment: Judgment: Ms L and Ms C [2014] EWFC 1280, RTF 173.0kb, 02 MAY 14
R1.11 PinkNews: UK: Lesbian wins landmark baby battle with ex-partner 07 MAY 14
C1.10 Judgment: H v S (Surrogacy Agreement) [2015] EWFC 36, 30 APR 15
R1.09 BBCnews: Gay couple wins High Court battle over baby girl 06 MAY 15
C1.8 BaiLII: S v. D & E [2013] EWHC 134 (Fam) 31 JAN 13
R1.7 PinkNews: High Court rules in favour of gay male couple in parental dispute with lesbian couples 01 FEB 13
C1.6 Family Law Week: A v B and C [2012] EWCA Civ 285, 14 MAR 12
R1.5 GayStarNews: Gay father wins right to see son raised by lesbian couple 15 MAR 12
R1.4 PinkPaper: Man battles lesbian couple for access to child he fathered 10 DEC 10
R1.3 GayNZ: Gay dad wins fight to spend time with kids 02 DEC 10
R1.2 The Independent: Gay man and woman in court battle over children 08 NOV 10
R1.1 PinkPaper.com: Lesbian mother wins right to appeal against custody ruling 28 JAN 09
Civil Unions, Partners Legislation/Cases/Documents/References
See also: [ESTATES] [MARRIAGE]
1.

England & Wales

On 28 May 2016, the UK Foreign Office minister Hugo Swire was reported to have confirmed: ''We have now made available to staff new guidance to enable them to issue an official information note that confirms that the UK authorities, including British consulates, will normally view a spouse or civil partner as next-of-kin where the relationship is a same-sex one as much as for opposite-sex couples''. The letter could be used to identify the couple's status as next-of-kin to police and airport officials, or hospital staff and even funeral directors in worst-case scenarios [R1.26].

On 11 January 2015, it was reported that under the Marriage (Same Sex Couples) Act in England and Wales, and the Marriage and Civil Partnership (Scotland) Act in Scotland, unless in a civil partnership registered in Scotland, couples in civil partnerships entered into elsewhere must convert to a marriage in the country in which it was first registered. This means that those who entered a civil partnership in England or Wales must convert it in England or Wales and as Northern Ireland does not allow same-sex marriages, couples who entered a civil partnership there are prevented from converting to marriage in Northern Ireland [R1.25].

On 18 November 2014, the House of Lords passed regulations with effective from 10 December, for converting civil partnerships to marriage, including the option of a conversion ceremony in a church, synagogue, meeting house and other venues [R1.24].

On 03 July 2014, Culture Secretary and Minister for Equalities Sajid Javid announced in the Commons that couples who entered into civil partnerships before 29 March 2014 will face no additional costs in converting their union to a marriage - providing it is done within 12 months from 10 December 2014 the £45 fee will be waived [R1.23].

On 26 June 2014, culture secretary Sajid Javid announced 10 December 2014 as the date that gay couples in civil partnerships will be allowed to convert their partnerships into marriage. Civil partnerships will remain an open option for same-sex couples only [R1.22].

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:

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].

2.

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" [R2.10].

In February 2003, Darlington, County Durham offered partnership registeration and commitment ceremonies for gay and lesbian couples [R2.9].

On 26 September 2003, the Swindon Borough Council passed a proposal allowing same sex couples to register their relationships [R2.8].

On 09 September 2003, Barnet Council voted unanimously to support civil partnership registers for committed gay and lesbian relationships in September 2003 [ R2.7].

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 [R2.6].

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 [R2.6] however, gay "weddings" celebrations were not be allowed at the Register Office [R2.5].

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 [R2.4].

On 21 January 2002, Liverpool was set to allow "gay weddings" at the Register Offices by year's end [R2.3], [R2.1].

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 [R2.2].

On 21 January 2001, Brighton and Hove were reported to be considering setting up a partnership register. Newcastle also developed similar proposals [R2.1].

3.

Courts & Tribunals

On 29 January 2016, Mrs Justice Andrews dismissed the Steinfeld and Keidan case seeking to extend civil partnerships to opposite sex couples, finding the definition of a civil partnership in the Civil Partnership Act 2004 as ''a relationship between two people of the same sex when they register as civil partners of each other'', was not in contravention of Article 14 of the European Convention on Human Rights [C3.5], [R3.4].

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.

4.

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].

England & Wales
R1.26 UK will offer next-of-kin letters for same-sex couples travelling overseas 28 MAY 16
R1.25 PinkNews: Scotland: Same-sex couple banned from marrying 11 JAN 15
R1.24 PinkNews: House of Lords approves civil partnership conversion regulations in time for Christmas 18 NOV 14
R1.23 PinkNews: Fee to be waived for couples converting a civil partnership to a marriage 03 JUL 14
R1.22 GayStarNews: UK civil partnerships will stay, but straights are still banned 26 JUN 14
D1.21 Legislation UK: The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (Accessed 10 DEC 12
R1.20 GayStarNews: Foreign gay unions to be recognized as UK civil partnerships 07 DEC 12
R1.19 GayStarNews: The seven ways civil partnership isn't the same as marriage 25 JAN 13
R1.18 The Washington Post: As church-based civil unions kick in, Church of England says no 06 DEC 11
R1.17 The Independent: Hope for new law to allow gay marriage 17 SEP 11
L1.16 Jordans FamilyLaw.co.uk: Family Proceedings Rules: Practice Direction 3a – Pre-application protocol for mediation information and assessment PDF 40.43kb, 14 FEB 11
R1.15 Ministry of Justice: More separating couples to be spared court battles 23 FEB 11
R1.14 365Gay.com: UK considers religious gay union ceremonies 03 JUL 10
R1.13 Home Office: New Push for LGB and T equality will allow civil partnerships in religious buildings 17 FEB 11
R1.12 PinkNews: Lords back religious civil partnerships for gay couples 03 MAR 10
R1.11 PinkNews.co.uk: Push to recognise British civil partnerships across Europe 25 FEB 10
R1.10 PinkNews.co.uk: Religious civil partnerships amendment tabled in Lords 11 JAN 09
R1.9 Ukgaynews.org.uk: MEP Celebrates Victory in Equal Tax Rights for British Gay Couples Living in France 03 FEB 10
R1.8 PinkNews.co.uk: French National Assembly approves recognising foreign civil partnerships 29 APR 09
L1.7 Office of Public Sector Information: Civil Partnership Act 2004 PDF 1764kb
R1.6 The Guardian: Britain to Allow Same-Sex Civil Unions 21 FEB 05
MCV: British Military Welcomes Gay Unions 25 FEB 05
R1.5 The Guardian: Gay Couples to Get No-hitch Partnerships 12 APR 04
The Guardian: Bill Giving New Rights to Gay Couples to be Unveiled 24 NOV 03
The Independent: Tories Get Free Vote on Gay-partnership Rights 01 JUL 03
The Independent: Radical Bill Will Give Gay Couples Equal Legal Rights 18 JUN 03
BBC News UK: Gay Couples 'To Get Equal Rights' 06 DEC 02
New Statesman: Gay Marriage Laws: Unfair to Everybody! 16 DEC 02
R1.4 The Daily Telegraph: Judge Calls for Law to Recognise Gay Partnerships 04 APR 03
R1.3 Gay.com UK: Civil Partnership Bill Unveiled 09 JAN 02
R1.2 Rainbow Network: Civil Partnership Bill Dropped 12 FEB 02
R1.1 Times of London: Gay Partners Will Be Able to Register Deaths 28 JAN 02
Cities & Towns
R2.10 BBC News: Go-ahead for Same-sex 'Marriages' 24 OCT 02
ICWales: Swansea Leads the Way for Same Sex 'Marriage' 28 JUN 03
R2.9 Gay.com UK: Darlington Becomes Latest Council to Offer Gay 'Weddings' 12 FEB 03
R2.8 Gay.com UK: Victory for Swindon's Same Sex Couples 26 SEP 03
R2.7 Edgeware Times: Councillors back gay 'marriage' plan 10 SEP 03
R2.6 Ananova: Gay Couple 'Married' at Register Office Seeks Divorce 10 DEC 02
R2.5 icBirmingham.co.uk: City to Offer Gay Marriage Service 13 NOV 02
R2.4 BBC News: Gay 'Wedding' Couple Call for Change 20 APR 02
R2.3 icBirmingham.co.uk: Wedding Ban Blow to Gays 05 JUN 03
R2.2 Gay.com / PlanetOut.com Network: London Advances Gay Rights 28 JUN 01
BBC Online News: 'Gay Marriage' on Way for London 06 AUG 01
R2.1 icLiverpool: Liverpool All Set for 'Gay Weddings' 21 JAN 02
Courts & Tribunals
C3.5 Judgment: Rebecca Hannah Steinfeld and Charles Robin Keidan v. The Secretary of State for Education [2016] EWHC 128 (Admin) PDF 124.93kb 29 JAN 16
R3.4 TheJewishChronicle: High Court rejects couple's challenge to civil partnership law 29 JAN 16
R3.3 GayStarNews: Gay banker and West End star in £1.4million divorce 29 MAR 12
R3.2 Ministry of Justice: More separating couples to be spared court battles 23 FEB 11
R3.1 Ananova: Lesbian in High Court Bid Over 'Nearest Relative' Rights 22 OCT 02
Churches
R4.2 PinkNews.co.uk: Church of England approves pension rights for gay civil partners 12 FEB 10
R4.1 Ananova: Anglicans: Civil Unions But No Sex 02 JUN 05
Defamation, Insult, Libel, Slander Legislation/Cases/References
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]

C1.2 Opinion: George Cowan v. Mark Bennett A218/11, 05 NOV 12
R1.1 GayStarNews: 'Gay painter' jibe not defamation rules Scottish court 07 NOV 12
Discrimination Legislation/Cases/References
0.

National

On 13 January 2017, Merchant Shipping (Homosexual Conduct) Bill 2016-17 was introduced in the House of Commins to repeal Sections 146(4) and 147(3) of the Criminal Justice and Public Order Act that allow for the dismissal of a seafarer on a merchant navy vessel for an act of homosexuality [R0.6].

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].

1.

Employment

From 30 June 2014, every employee has the statutory right to request flexible working after 26 weeks employment service. "Flexible working" can describe for example homeworking, or a type of contract, such as a temporary contract. Other common variations include: part time working, flexitime, job sharing and shift work [R1.10].

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].

2.

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].

3.

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].

4.

Police

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

5.

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].

6.

Courts & Tribunals

On 07 December 2016, Judge Jennifer Eady in the Employment Appeal Tribunal dismissed the claim of The Reverend Canon J C Pemberton alleging discrimination on the basis of sexual orientation when his licence to work was withdrawn by The Right Reverend Richard Inwood after Pemberton he married his long-term, same-sex partner, finding that it was the Claimant's lack of ''good standing'' within the Church of England as a result of his marriage that underpinned the Respondent’s decision. The Judge would consider the matter suitable for permission to be given to appeal to the Court of Appeal, should such an application be made [C6.40], [R3.69].

On 26 October 2015, the Employment Tribunal ruled that The Right Reverend Richard Inwood, the Acting Bishop of Southwell and Nottingham did not discriminate against The Reverend Canon Jeremy C Pemberton when refusing him a licence and authorisation required to take up a position at the Sherwood Forest Hospitals NHS Trust as a consequence of his having married his partner Laurence Cunnington in 2014, contrary to the doctrine of the church. Nor did the Bishop Inwood commit an act of harassment [C6.38], [R6.37].

On 29 October 2015, BBCnews reported that 'Tim' was awarded £7,500 damages in the Southend County Court for 'non-verbal' discrimination under the Equality Act. Peter Edwards of Taylor Edwards in Shoeburyness blew a sarcastic kiss at Tim when he left the shop and later made mocking gestures when Tim was passing the shop and Mr Edwards was on a cigarette break [R6.36].

On 31 August 2014, it was reported that an employment tribunal had found in favour of Margaret Jones, a Christian senior deputy registrar at the Bedford register office, who was let go after she refused to perform same-sex weddings. She left the job before actually refusing any same-sex couples [R6.35].

On 27 November 2013, the Supreme Court unanimously dismissed an appeal by Peter and Hazelmary Bull that their right to express their religious beliefs had been breached when they refused gay couple Martyn Hall and Steven Preddy a double-bedded room booking at their B&B in September 2008, saying that although the Bulls' rights under the European convention on human rights to manifest their religion were at issue it was justifiable and proportionate to limit them in order to protect the rights of others [C6.34], [R6.33].

On 09 July 2013, Susanne Wilkinson lost her appeal against a ruling that she unlawfully discriminated against Michael Black, 64, and John Morgan, 59, when she declined to give them a double room. Master of the Rolls, Lord Justice Dyson granted permission to appeal to the Supreme Court [C6.32], [R6.31]. See also [C6.26], [R6.25].

On 28 May 2013, a Grand Chamber panel of five judges of the European Court of Human Rights decided to reject the requests pending before it to refer ten cases to the Grand Chamber including Eweida and Others v. the United Kingdom, therefore the 15 January 2013 judgment affirming 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 stands [D6.30], [R6.29].

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 Reading County Court found that Susanne Wilkinson had directly discriminated against Michael Black and John Morgan 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].

National
R0.6 Metro: UK's 'last anti-gay law' to be scrapped 23 JAN 17
R0.5 PinkNews: Equality Act comes into force 01 OCT 10
R0.4 PinkNews.co.uk: New bill aims to entrench gay rights in all aspects of public life: Analysis 27 APR 09
R0.3 The Age: UK Labour caves in after papal pressure 04 FEB 10
The Guardian: Equality: a two way street 04 FEB 10
R0.2 PinkNews.co.uk: Equality Bill passes second reading in House of Commons 12 MAY 09
R0.1 PinkNews.co.uk: New Legislation Will Instruct Public Bodies to Promote Gay Equality 26 JUN 08
Employment
R1.10 ACAS: The right to request flexible working (Accessed 03 NOV 14)
C1.9 Employment Tribunal: Bivonas LLP & Ors and L Bennett UKEAT/0254/11/JOJ Word 89.5kb, 31 JAN 12
R1.8 PinkPaper: Lawyer wins gay discrimination case against law firm 03 FEB 12
R1.7 Gay.com UK: Welsh Trade Union Help Employers Understand Gay Equality Laws 13 JAN 03
R1.6 Gay.com UK: Anti-discrimination Laws Welcomed, but Warnings Continue Over Faults 01 DEC 03
R1.5 Gay.com UK: Unions Lose Court Case Over Discrimination Laws 26 APR 04
R1.4 Gay.com UK: 'Technical Flaws' in Gay Employment Regulations 11 JUN 03
R1.3 PinkNews.co.uk: Employers Exploit Legal Loophole to Avoid Paying Employment Tribunal Awards 20 OCT 08
R1.2 BBC News: Gay Teacher Rules Challenged 21 JUL 03
R1.1 Gay.com UK: New Equality Law Will Drop Word "Homosexual 25 NOV 02
Goods & Services
R2.2 PinkNews.co.uk: New Bill Will Promote Gay Equality 10 JUN 08
R2.1 MCV: UK Expands Civil Rights Laws for Gays 18 NOV 05
Insurance
R3.2 The Guardian: Insurers Issue New Rules on Gays 23 SEP 03
R3.1 The Guardian: Penalised for Gay 'Lifestyle' 23 NOV 02
Police
R4.1 PinkNews.co.uk: Police complaints body publishes new guidelines on homophobia 19 MAY 09
Schools
R5.3 PinkNews.co.uk: Trans children 'will be protected under Equality bill' 10 MAR 09
R5.2 PinkNews.co.uk: New Rules Allow Religious Schools to Discriminate 02 SEP 08
R5.1 GayLawNet®: House of Lords Votes to Repeal Section 28 11 JUL 03
Courts & Tribunals
C6.40 Judgment: The Reverend Canon JC Pemberton v. The Right Reverend Richard Inwood No. UKEAT/0072/16/BA Word 242kb 07 DEC 16
R6.39 TheGuardian: Hospital chaplain loses same-sex wedding discrimination appeal 08 DEC 16
C6.38 Reserved Judgment: The Reverend Canon J C Pemberton v. The Right Reverence Richard Inwood, (Acting) Bishop of Southwell and Nottingham No. 2600962/2014 PDF 2.65MB 28 OCT 15
R6.37 GayTimes: Employment tribunal says gay chaplain wasn’t discriminated against 04 NOV 15
R6.36 BBCnews: Southend gay man wins damages over homophobic gestures 29 OCT 15
R6.35 PinkNews: Registrar dismissed for refusing to perform same-sex weddings wins employment tribunal 31 AUG 14
C6.34 Judgment: Bull & Anor v Hall & Anor [2013] UKSC 73 PDF 110.57kb, 27 NOV 13
R6.33 The Guardian: Christian guesthouse owners lose appeal over right to bar gay couples 27 NOV 13
C6.32 Judgment: Michael Black and John Morgan v. Susanne Wilkinson [2013] EWCA Civ 820 PDF 109.79kb, 09JUL 13
R6.31 The Telegraph: Christian B&B owner ordered to compensate gay couple takes fight to Supreme Court 09 JUL 13
D6.30 ECtHR: Ten requests for referral to the Grand Chamber rejected PDF 175.74kb 28 FEB13
R6.29 GayStarNews: Christians who refused to work with gays lose final court case 28 MAY 13
C6.28 ECHR: Judgment: Case of Eweida and Others v. The United Kingdom PDF 502.79kb, 15 JAN 13
R6.27 ILGA-Europe: ICJ, ILGA-Europe and FIDH welcome European Court judgment against sexual orientation discrimination 15 JAN 13
C6.26 Judgment: Michael Black & John Morgan v. Susanne Wilkinson PDF 734.95kb, 18 OCT 12
R6.25 GayStarNews: Gay couple win lawsuit against B&B which refused them 18 OCT 12
R6.24 PinkNews: Lesbian PC wins discrimination case 04 APR 11
C6.23 BAILII: D Borough Council -and- AB [2011] EWHC 101 (COP), Case No: COP11724583, 28 JAN 11
R6.22 PinkNews: Disabled man banned from having sex with male partner 08 FEB 11
R6.21 365 Gay.com: Hotel owners fined for refusing gay couple a room 18 JAN 11
R6.20 BBC News: Christian hoteliers appeal against ban on gay couple 25 JAN 11
R6.19 PinkNews: Christian hoteliers lose gay room ban appeal 10 FEB 12
R6.18 PinkNews: Christian B&B couple take same-sex bed ban to highest UK court 14 AUG 12
C6.17 Bailii: Lisboa v. Realpubs Ltd & Ors [2011] UKEAT 0224_10_1101 11 JAN 11
R6.16 PinkNews: Gay man wins constructive dismissal case against 'London's oldest gay pub' 13 JAN 11
R6.15 PinkPaper.com: Lesbian mum wins child maintenance battle 29 SEP 10
R6.14 The Lesbian & Gay Foundation: Counsellor loses gay discrimination appeal 29 APR 10
R6.13 PinkNews.co.uk: Christian registrar Lillian Ladele loses civil partnerships appeal 15 DEC 09
R6.12 PinkNews.co.uk: Estate agents reprimanded for 'outing' lesbian couple 21 SEP 09
R6.11 PinkNews.co.uk: Airline 'refused to hire male air stewards in case they were gay' 15 APR 09
R6.10 PinkNews.co.uk: Lesbian couple win sex discrimination claim 08 APR 09
R6.9 PinkNews.co.uk: Christian Registrar Loses Employment Tribunal Appeal Over Civil Partnerships 19 DEC 08
R6.8 MCV: Cop Fired Over Anti-Gay Emails 04 DEC 08
R6.7 PinkNews.co.uk: Lesbian Couple Win Compensation After Estate Agent Outing 28 JUL 08
R6.6 PinkNews.co.uk: Gay Man Wins £37,000 Discrimination Case Against Church 15 JUL 08
R6.5 PinkNews.co.uk: Employment Tribunal Has "Legitimised Homophobia" 10 JUL 08
PinkNews.co.uk: Stonewall: There Should Be No Discrimination Among Marriage Registrars 10 JUL 08
R6.4 PinkNews.co.uk: Islington to Appeal Against Civil Partnership Ruling 16 JUL
The Employment Tribunals: Miss L Ladele v London Borough of Islington 30 MAY 08
R6.3 Personneltoday.com: Gay Former Banker Loses Tribunal Claim Against HSBC for Mishandling Misconduct Investigation 18 SEP 07
R6.2 Gay.com UK: Unions Lose Court Case Over Discrimination Laws 26 APR 04
R6.1 Gay.com UK: New Equality Body Divides Rights Groups 30 OCT 03
See also: Equality and Human Rights Commission

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Estates, Inheritance, Money, Property Succession Legislation/Cases/References
1.

England & Wales

On 27 February 2017, an article in ThisIsMoney by Rachel Rickard Straus canvasses issues surrounding property and money matters affecting unmarried partners and strategies for minimising future difficulties [R1.8].

On 13 September 2015, The Independent writer Joan Smith discussed the inequality of the law affecting siblings and friends in non-sexual and cohabiting partnerships and the inheritance tax exemption for married couples and civil partnerships [R1.7].

On 09 April 2015, this sponsored article discusses the disposition of the property of partners in the breakup of their marriage or civil partnership and protection strategies [R1.6], [R1.5].

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 [L1.4], [R1.3].

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 [R1.2].


On 07 August 2008, French authorities reportedly refused to recognise a UK civil partnership, resulting in the surviving partner being liable to pay 60% inheritance tax on property purchased together [R1.1].

2.

Courts & Tribunals

On 14 October 2016, Lord Justice Elias, Lord Justice Kitchin and Lady Justice King in the Court of Appeal ruled Ms Helen Roocroft's previously unsuccessful claim that her ex-partner hid her £6m fortune and should be reconsidered by the High Court. The misinformation led Roocroft to accept a 'paltry' £162,000 payout at the end of her 19-year relationship with the entrepreneur, who died intestate in 2013. The judgment confirms that same-sex couples have the same rights under family law as heterosexual couples [C2.10], [R2.9].

On 27 June 2016, it was reported that Judge Hodge in the High Court had approved an extension of the definition of spouse in the substantial Pemberton family trust to give any civil partner or spouse of a descendant in a same sex marriage the same rights as heterosexual spouses [R2.8].

On 27July 2015, the Court of Appeal found that the Will of Melita Jackson should have made reasonable financial provision for her only (estranged) daughter Iliot instead of the whole Estate valued at £486,000 essentially going to three nominated charities and set aside the award of lower courts substituting an award of £143,000, the sum required for the appellant to purchase the property where she and her husband currently live, plus reasonable expenses of acquisition together with up to £20,000 in cash to provide her with a small immediate amount of additional income. Legal experts fear the ruling will now make it easier for family members to challenge wills [C2.7], [R2.6].


On 23 March 2015, Lady Justice Black was reported to have granted Helen Roocroft permission to appeal against the Estate of her former partner, the late property developer and entrepreneur Carol Ann Ainscow, it being alleged that Ms Ainscow misrepresented the extent of her wealth during court proceedings brought in connection with the dissolution of their civil partnership, causing Ms Roocroft to accept a significantly lower settlement than she was entitled to. The hearing was listed for 05 July 2016 [R2.5].


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 [R2.4].


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" [R2.3].


In 2002, a Court of Appeal ruling gave same sex partners equal rights to heterosexuals to take over tenancies when their spouses die [R2.2]. In 2004, the House of Lords upheld the appeal [R2.1].

R1.8 ThisIsMoney: What you NEED to know about money if you're not married to your partner - and why it makes financial sense to get hitched 27 FEB 17
R1.7 TheIndependent: Inheritance tax: Why are people in civil partnerships and married couples exempt, but not siblings or friends? 13 SEP 15
R1.6 GayStarNews (Sponsored): Divorce or dissolution: what happens to your property if your relationship ends? 09 MAY 15
R1.5 GayLawNet: Divorce, Separation and Marriage, Civil Unions, Partners: Domestic, Registered
L1.4 Civil Partnership Act 2004 Section 71 Schedule 4 (Accessed 05 MAR 13)
R1.3 PinkNews: Those in civil partnerships need to be aware of what happens to wills 04 MAR 13
R1.2 Norwich Evening News: Yarmouth man’s homelessness fear due to lack of Will 21 OCT11
R1.1 PinkNews.co.uk: Man Forced to Sell Flat After French Refuse to Recognise Civil Partnership 07 AUG 08
2. Courts & Tribunals
C2.10 Judgment: Roocroft v. Ball (Representing the Estate of Ainscow, dec'd) [2016] EWCA Civ 1009 HTML 14 OCT 16
R2.9 BBCnews: Woman who says partner hid true fortune wins court battle 14 OCT 16
R2.8 IBB solicitors: Future Gay Partners of Descendants to be Given the Same Rights as Heterosexual Spouses 27 JUL 16
C2.7 Judgment: Iliot and Mitson et al. [2015] EWCA Civ 797 PDF 106.75kb, 27 JUL 15
R2.6 ThisIsMoney: How to leave money to who YOU want with a cast-iron Will after landmark court ruling 02 AUG
R2.5 dwf: Former civil partner granted permission to appeal financial settlement 23 MAR 15
R2.4 PinkNews.co.uk: Woman's Claim on Estate of Mother's Lesbian Partner Rejected 15 JUL 08
R2.3 PinkNews.co.uk: Euro Court: Sisters Can Not Have the Same Tax Benefits as Civil Partners 29 APR 08
R2.2 BBC News: Tenancy Ruling Endorses Gay Rights 05 NOV 02
R2.1 MCV: Gay Man Inherits Tenancy Rights 02 JUL 04
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Documents/Cases/References
1.

National

On 01 June 2016, it was reported that a review of the Sexual Offences Act 2003 by lawyers and academics suggests that even kissing may be considered sexual assault and penetrative sex - with a willing partner - can be counted as rape if the partner claims they didn't know about a trans person's gender. This because when deceived about the nature of the sex act you are about to engage in, you are incapable of informed consent. [R1.11].

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].

2.

Courts & Tribunals

On 04 November 2016, Mr Justice Keenan upheld the award of £4,750 damages to P, a 17-year-old f2m transgender estranged from his adoptive parents. P's privacy order was breached when a local authority employee disclosed personal information about P, including his forename and transgender status, to third parties who are friends of P's adoptive parents resulting in P's mental health being very severely compromised [C2.28], [C2.27], [R2.26].

On 21 October 2016, Mr Justice Hayden in the High Court ordered that the child J be removed from his mother's care following concerns that she was forcing him to live ''life entirely as a girl'', saying ''I consider that [the mother] has caused significant emotional harm to [her son] in her active determination that he should be a girl'' [C2.25], [R2.24].

On 10 August 2016, the Supreme Court was divided as to whether M2F transgender MB was entitled to a pension as a woman at age 60. MB was denied the penion because she did not have a full gender recognition certificate, an official document she could not obtain because she remained married to a woman, same-sex marriage not being lawful at the time. The Court has referred the question to the European Court of Justice as to whether the acquired gender of a married transsexual person not being recognised for the purpose of determining the qualifying age for a state pension was compatible with Directive 79/7/EEC [C2.23], [R2.22].

On 26 August 2015, Justice Michael Keehan in the High Court Family Division granted 16-year-old f2m transgender teen PD's request that he be completely removed from the lives of his adoptive parents. PD alleged that parents continued to call him by his previous name which caused him 'great annoyance and distress' [C2.21], [R2.20].

On 30 October 2015, the three-judge Bristol Crown Court rejected m2F transgender Tara Hudson's appeal against her sentence to 12 weeks in the HMP Bristol men's prison for head-butting a bar manager, but judges urged the prison service to consider moving her from to a womens facility. Hudson has lived as a woman all her adult life and is believed to have now been moved to an all-women prison [R2.19].

On 20 April 2015, Mr Justice Higginbottom in the Administrative Court in Birmingham denied the application of m2f transgender JK finding that the UK's birth registration scheme, which requires that the woman, JK, be recorded as the father is lawful and justified and did not unlawfully interfere with her Article 8 right, as well as her children's, under the European Convention on Human Rights (ECHR) to keep her transexuality a private matter [C2.18], [R2.17].


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].

3.

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
R1.11 GayStarNews: Trans people face jail for rape if they have sex without sharing their gender history 01 JUN 16
D1.10 Home Office: Advancing transgender equality: a plan for action PDF 260.32kb, 08 DEC 11
R1.9 The Advocate: UK Announces Plan to Advance Trans Rights 08 DEC 11
R1.8 PinkNews: New guidelines state rights for transgender prisoners 07 MAR 11
R1.7 PinkNews.co.uk: Trans woman told it was 'illegal' for her to use women's toilets 01 FEB 10
R1.6 PinkNews.co.uk: Equality Bill to extend powers against discrimination 02 APR 09
R1.5 PinkNews.co.uk: Trans children 'will be protected under Equality bill' 10 MAR 09
R1.4 PinkNews.co.uk: Lib Dems Claim Equality Bill Contains "Blatant Prejudice" Against Trans People 31 JUL 08
R1.3 PinkNews.co.uk: Trans woman fighting for pension rights 05 JAN 10
R1.2 The Guardian: Transsexuals Win Right to Marry 06 JUL 03
Melbourne Community Voice: Transsexual Rights 03 JAN 02
R1.1 Queensland Pride: "UK Trannie Wins Landmark Case" No. 154, 19 JUL 02 page 5

See also: Government Equalities Office:

Courts & Tribunals
C2.28 Judgment: P v. A Local Authority [2016] EWHC 2779 (Fam) HTML 04 NOV 16
C2.27 Judgment: PD v. SD, JD, X County Council [2014] EWHC 4013 (Fam) HTML 26 AUG 16
R2.26 PinkNews: Trans teen wins payout after authorities told estranged parents of his identity 19 DEC 16
C2.25 Judgment: Re J (a minor) HTML [2016] EWHC 2430 (Fam) 21 OCT 16
R2.24 TheTelegraph 21 October 2016 Boy, 7, removed from mother's care following concerns she was forcing him to live life as a girl, court hears 21 OCT 16
C2.23 Judgment: MB v. Department for Work and Pensions [2016] UKSC 53 PDF 184.78kb 10 AUG 16
R2.22 ReutersUK: Stumped by transgender pension case, British top court seeks EU help 10 AUG 16
C2.21 Judgment: PD -and- SD, JD, X County Council [2015] EWHC 4103 (Fam) 26 AUG 15
R2.20 GayStarNews: Judge allows transgender teen to cut off contact from nonaccepting parents 10 MAR 16
R2.19 LGBTQnation: Transgender woman locked in men’s prison loses legal appeal 30 OCT 15
C2.18 Judgment: The Quen on the application of JK v. The Registrar General for England and Wales[2015] EWHC 990 (Admin) RTF 20 APR 15
R2.17 ScottishLegalNews: England: Transsexual fails in attempt to have birth certificate changed to hide original gender 21 APR 15
R2.16 GayStarNews: Man 'guilty' of fraud for not telling girlfriend he was trans UK 07 MAR 13
R2.15 PinkNews: In a legal first, a trans woman who was convicted of public indecency has her sentence altered 02 SEP 12
R2.14 PinkNews: Trans woman wins right to backdated pension 22 JUN 10
R2.13 PinkNews: Trans woman refused NHS breast operation 25 MAY 10
R2.12 PinkNews.co.uk: Trans woman fighting for pension rights 05 JAN 10
R2.11 PinkNews.co.uk: Trans woman wins complaint against newspaper for 'tranny' headline 04 JAN 09
R2.10 PinkNews.co.uk: Trans Trucker Awarded £20,000 by Employment Tribunal 21 OCT 08
R2.9 PinkNews.co.uk: Army Settles Out of Court With Trans Soldier 27 MAY 08
R2.8 MCV News: Trans Trucker Wins At Employment Tribunal 04 APR 08
R2.7 MCV News: Win for Trans Woman 21 DEC 06
R2.6 Sydney Star Express: Europe Upholds Rights 18 JUL 02
R2.5 Associated Press: Transsexual Fails to Persuade Authorities to Amend Birth Certificate 20 JUN 02
R2.4 The Advocate: British Transsexual Loses Landmark Marriage Case 19 JUL 01
R2.3 News Telegraph: Lords Reject Appeal over Transsexual Marriage 11 APR 03
R2.2 IGLHRC: Act Now to Defend Transgender Rights in Proposed Law 07 DEC 01
R2.1 BBC OnLine: Transsexual Settles Harassment Case 17 OCT 99
Police
R3.3 PinkNews.co.uk: National Trans Police Association criticised over state funding 27 JAN 10
R3.2 365Gay.com: London Police To Give TG Workers Paid Year Off For Transition 21 JUL 03
R3.1 London Evening Standard: Met recruits first transsexual 18 FEB 03
Hate Crimes Legislation/Cases/References
See also: [GENDER IDENTITY]
1.

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 [R1.3].

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 [R1.2].

In October 2003, violent homophobic attacks were classed as a hate crime in a new amendment to the Criminal Justice Bill [R1.1].

Previously:

There was no hate crime law in England and Wales [R1.3].

2.

Courts & Tribunals

On 21 August 2015, it was reported that Recorder Maria Lamb in the Swindon Crown Court sentenced Daniel Edwards and Kristofer Wagner to two years and ten months and one year and eight months respectively after they admitted blackmailing a man they met and exchanged pictures with on Grindr then threatened to forward the pictures to the man's wife. The victim handed over £1,500 to the men [R2.2].

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].

R1A.3 UK Gay News: New Criminal Gay Hatred Law Effective from Today in UK 23 MAR 10
R1A.2 PinkNews.co.uk: Gay Hate Crime Bill Passed by Parliament 08 MAY 08
R1A.1 365Gay.com: Homophobia to be Hate Crime for First Time 31 OCT 03
R2.2 BBCnews: Couple jailed over Grindr blackmail 21 AUG 15
R2.1 MCV: Hate Crime Convictions Rise in the UK 18 DEC 08
See
also:
Stonewall: Blow the Whistle on Gay Hate PDF 869.53kb, 31 MAR 2010
Health, Medical Legislation/Cases/References
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].

2.

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].

R1.3 The Advocate: UK to Lift Lifetime Ban on Gay Blood Donors 08 SEP 11
R1.2 GiveBlood: Why we ask men who have sex with men not to give blood SEP 11
R1.1 PinkNews.co.uk: Gay son prevented from donating blood to dying mother 04 JAN 10
C2.3 Judgment: Core Issue Trust v. Transport for London [2013] EWHC 651 PDF 506.09kb 22 MAR 13
R2.2 GayStarNews: Gay 'cure' London bus advert ban ruled 'not illegal' 23 MAR 13
R2.1 The Lesbian & Gay Foundation: Criminal conviction for herpes transmission 18 AUG 11
HIV Aids Legislation/Cases/References
See also: [HEALTH, MEDICAL]
1.

National

On 06 April 2014, the selling of self-testing kits for HIV (also called HIV home-testing) became legal in the UK. No kits that have been approved that meet European standards are available for sale yet. It's likely that the first kit will be available by late 2014 or early 2015. Until now it was illegal in the UK to do an HIV test at home and read the result yourself. HIV-postal test kits required a sample saliva or blood from a finger-prick, be sent to a laboratory for testing, with results given by text message or a phone call from a healthcare worker [R1.1].

2.

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 [R2.1].

R1.1 PinkNews: UK: Campaigners welcome legislation of HIV self-testing kits 07 APR 14
R2.1 MX News: Man Convicted for Passing on HIV 15 OCT 03
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
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 [R1.17].


On 24 March 2017, the House of Commons unanimously passed the ''Merchant Shipping (Homosexual Conduct) Bill''. The Bill removes a reference in maritime shipping law that includes ''homosexual acts'' as grounds for dismissal from the crew of merchant ships, though the provisions are already rendered unenforceable by existing equality law - making the repeal a largely symbolic measure. The Bill now proceeds to the House of Lords [R1.16].

On 31 January 2017, the Policing and Crime Act 2017 received Royal Assent (see R1.14 below) [R1.15].

On 11 January 2017, the House of Commons passed amendments to the Policing and Crime Bill. When the new law receives Royal Assent, men living with gay sex offences will receive a pardon when they apply to have their convictions overturned, while a posthumous pardon will be issued to men who are deceased [R1.14].

On 21 October 2016, a rival private member's 'Turing' bill presented by SNP MP John Nicolson [the Sexual Offences (Pardons etc) Bill 2016-17)] that would have automatically pardoned all men living with UK cautions or convictions for same-sex offences committed before the law was changed was "talked out" and will not now go ahead [R1.13].

On 20 October 2016, Justice Minister Sam Gyimah announced that gay and bisexual men convicted of now-abolished sexual offences in England and Wales are to receive posthumous pardons and thousands of living men convicted over consensual same-sex relationships will also be eligible for the pardon (when the amendments to the Policing and Crime Bill HL Bill 55 are passed and come into effect) [L1.12], [R1.11].

On 29 June 2016, John Glen's Merchant Shipping (Homosexual Conduct) Bill 2016-17 was introduced. The Bill would repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994. Section 146(4) makes a homosexual act a ground for discharging a member of Her Majesty's armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship. Section 147(3) applies the same to Northern Ireland. The private member's bill is not expected to become law [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].

2.

Courts & Tribunals

On 12 October 2016, it was reported that Mr Justice King, Lady Justice Hallett and Mr Justice Dove in the Court of Appeals quashed the 12 November 2015 conviction and goaling of 25-year-old Gayle Dawn Newland for duping a fellow student into having lesbian sex with her by pretending to be a man. The Court released her on bail pending a re-trial [R2.3].

On 12 October 2016, it was reported that Mr Justice King, Lady Justice Hallett and Mr Justice Dove in the Court of Appeals unanimously dismissed 24-year-old Jennifer Staines' appeal against her jail sentence of three years and three months for impersonating a man in order to have sex with teenage girls [R2.2].

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

R1.17 ILGA: State-Sponsored Homophobia Note 125 PDF 382.87kb, MAY 2008
R1.16 PinkNews: MPs unanimously pass bill to repeal one of the UK’s last anti-gay laws 24 MAR 17
R1.15 Gov.uk: Policing and Crime Bill receives Royal Assent 31 JAN 17 (Accessed 01 FEB 17)
R1.14 PinkNews: Government issues apology for historical anti-gay laws as Parliament gives green light to pardons law 11 JAN 17
R1.13 BBCnews: 'Turing Bill' for gay pardons fails in Parliament 21 OCT 16
L1.12 Bill: Police and Crime Bill HL Bill 55 PDF 129.63kb 19 OCT 16
R1.11 Ministry of Justice Press Release: Minister unveils plans to pardon thousands under 'Turing’s Law' 20 OCT 16
R1.10 Lloyd'sList: MP seeks end to gay sex sack threat for UK flag seafarers 06 JUL 16
R1.9 Manchester Evening News: Former Salford soldier jailed over gay affair 30 years ago involved in DNA police row 12 JAN 13
R1.8 PinkNews: Historic gay sex convictions will be able to be deleted from October 02 SEP 12
R1.7 The Advocate: U.K. Gay Sex 'Offenders' to Get Clean Slate 03 MAY 12
R1.6 GayStarNews: Lords pass bill erasing archaic anti-gay convictions 13 MAR 12
R1.5 Pink News: Government moves to wipe gay sex convictions 03 OCT 11
L1.4 United Kingdom Parliament: Protection of Freedoms Bill PDF 594.82kb, 10 FEB 11
R1.4 The Telegraph: Men with historic gay sex convictions to have 'crimes' expunged 25 DEC 10
R1.3 QueerUK: Theresa May says those convicted of consensual gay sex could have records cleared 17 NOV 10
R1.2 Gay.com: Government agrees to remove gay men from sex offenders' register" 10 JUN 03
R1.1 Sydney Xpress News: Group Sex case May Settle 02 AUG 01
2. Courts & Tribunals
R2.3 PinkNews: Court quashes conviction of woman accused of 'duping friend into lesbian sex' with male persona 12 OCT 16
R2.2 LancashireEveningPost: Preston woman’s sentence for posing as a man ''not excessive'' say judges 12 OCT 16
R2.1 PinkNews.co.uk: Mum fined for homophobic abuse of her son 22 APR 09
Insurance Legislation/Cases/References
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]

R1.1 This is Money: Last year for sex discrimination over insurance as EU order will send women's premiums rocketing 17 DEC 11
Marriage Legislation/Cases/Documents/References
1.

National

On 17 January 2017, it was reported that if your same-sex spouse has had sex with someone else, it is NOT a ground for divorce. Gov.uk states: ''It doesn't count as adultery if they had sex with someone of the same sex. This includes if you're in a same-sex marriage'' [D1.35], [R1.34].

On 10 July 2016, it was reported that the United Reformed Church voted 240-21 to permit same-sex weddings in its churches. Individual churches are not required to follow the new directive. Those who wish to participate can register, which means the first same-sex ceremonies can occur as early as this autumn [R1.33].

On 28 May 2016, the UK Foreign Office minister Hugo Swire was reported to have confirmed: ''We have now made available to staff new guidance to enable them to issue an official information note that confirms that the UK authorities, including British consulates, will normally view a spouse or civil partner as next-of-kin where the relationship is a same-sex one as much as for opposite-sex couples''. The letter could be used to identify the couple's status as next-of-kin to police and airport officials, or hospital staff and even funeral directors in worst-case scenarios [R1.32].

On 22 January 2016, it was reported that the Government has closed a loophole so when a British national in a same-sex marriage travels to Australia, Ireland, New Zealand, Canada, or South Africa, their spouse will be recognised on their death certificate. The discrepancy was highlighted when David Bulmer-Rizzi from Houghton, died in hospital in South Australia following a fall and his widow Marco was told their marriage would not be acknowledged on the certificate as the union wasn't recognised by authorities in South Australia [R1.31].

On 03 June 2015, the 'Consular Marriage and Marriages under Foreign Law Order 2014' comes into force enabling same sex marriages to take place at British Consulates 24 countries where it is not possible for British nationals to have such a marriage under local law and where the local authorities have given permission for the missions to conduct consular marriages of same sex couples [R1.30].

On 11 January 2015, it was reported that under the Marriage (Same Sex Couples) Act in England and Wales, and the Marriage and Civil Partnership (Scotland) Act in Scotland, unless in a civil partnership registered in Scotland, couples in civil partnerships entered into elsewhere must convert to a marriage in the country in which it was first registered. This means that those who entered a civil partnership in England or Wales must convert it in England or Wales and as Northern Ireland does not allow same-sex marriages, couples who entered a civil partnership there are prevented from converting to marriage in Northern Ireland [R1.29].

On 18 November 2014, the House of Lords passed regulations with effective from 10 December, for converting civil partnerships to marriage, including the option of a conversion ceremony in a church, synagogue, meeting house and other venues and also allowing a previously married transgender person to remain married [R1.28].

On 26 June 2014, culture secretary Sajid Javid announced 10 December 2014 as the date that gay couples in civil partnerships will be allowed to convert their partnerships into marriage. Civil partnerships will remain an open option for same-sex couples only. Married transgender people will be able to change their legal gender without ending their marriage, provided their partner agrees [R1.27].

On 08 June 2014, the local government was reported to have banned the British Consulate in Hong Kong from performing same-sex marriages, despite permission in mainland China. Consulates in Australia, Azerbaijan, Bolivia, Cambodia, Chile, China, Colombia, Costa Rica, Dominican Republic, Estonia, Hungary, Japan, Kosovo, Latvia, Mongolia, Montenegro, Nicaragua, Peru, Philippines, Russia, San Marino, Serbia, and Vietnam can marry same-sex couples [R1.26].

On 09 January 2014, the Government Equalities Office confirmed that “same sex couples who married abroad under foreign law and are currently treated as civil partners will instead be recognised as being married in England and Wales from 13 March 2014.”. “The Registrar General can allow a marriage to take place without the normal 15-day notice period where one of the couple is seriously ill and is not expected to recover, and in other urgent cases such as where a person is due to be deployed overseas in the armed forces. Such marriages of same sex couples will be possible from Thursday, 13 March 2014 [D1.25], [R1.24].

On 10 December 2013, Equalities Minister Maria Miller reportedly announced that couples wishing to marry in England and Wales and giving formal notice of their intention by 13 March, will be able to marry from 29 March 2014 [R1.23].

On 30 October 2013, the Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 brought into force on 30 October 2013 certain provisions of the Marriage (Same Sex Couples) Act 2013 (c. 30) ("the Act") for the purpose of making subordinate legislation [D1.22], [R1.21].

On 20 July 2013, PinkNews.co.uk answered some questions sent in by many readers across the UK and the world relating to the Marriage (Same Sex Couples) Act becoming law on 17 July [R1.20].

On 17 July 2013, the Marriage (Same Sex Couples) Act 2013 received Royal Assent. Same-sex couples in England and Wales will be able to marry in the summer of 2014 [R1.19].

The Marriage (Same Sex Couples) Act has become law but six discriminatory aspects remain:

  1. the explicit banning of churches from performing religious same-sex marriages even if they wish to;
  2. the requirements and costs of registering premises for the conduct of religious same-sex marriages;
  3. the grounds for the annulment differ;
  4. pension inheritance rights are fewer on death of a same-sex marriage spouse;
  5. the ban on opposite-sex civil partnerships is not repealed; and (6) there is no restoration of the marriages of trans people that were annulled as a precondition for them securing a gender recognition certificate [R1.18].

Previously:

The United Kingdom had 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 [R1.17].

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

See: CIVIL UNIONS, PARTNERS.


On 16 July 2013, the House of Commons approved the final changes to the Marriage (Same Sex Couples) Bill legalizing same-sex marriage in England and Wales which will become law upon receiving royal assent [R1.16].

On 15 July 2013, The House of Lords passed the Marriage (Same Sex Couples) Bill at third reading. The bill will return to the Commons for a short debate on government amendments. It is set to become law by the end of the week, with the first weddings in 2014 [R1.15].

On 10 July 2013, the Marriage (Same Sex Couples) Bill cleared the House of Lords report stage scrutiny and will now move to third reading, the final stage in the Lords, on 15 July 2013 [R1.14].

On 04 June 2013, the House of Lords rejected 390-148 an effort to defeat the “Marriage (Same Sex Couples) Bill” bill during its second reading, sending the legislation to a committee and report stage, before it returns to the House of Lords for a final vote [R1.13].

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].

2.

Courts & Tribunals

On 22 February 2017, the Supreme Court rejected an appeal by five families that the 2012 rules - stipulating that Britons must earn more than £18,600 ($23,140) before a husband or wife from outside the European Economic Area (EEA) can settle in the UK - breached their human right to a family life, finding the minimum income requirement was ''acceptable in principle'' [C2.4], [R2.3].

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].

3.

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.

D1.35 Gov.uk: Get a Divorce Get a Divorce: HTML 14 DEC 16
R1.34 Metro: Adultery is not grounds for divorce in gay & lesbian relationships, according to UK law 20 JAN 17
R1.33 GayStarNews: United Reformed Church endorses same-sex marriage ceremonies 10 JUL 16
R1.32 UK will offer next-of-kin letters for same-sex couples travelling overseas 28 MAY 16
R1.31 SunderlandEcho: Victory in husband’s campaign for same-sex marriage to be recognised on death certificates abroad after loss of Houghton man 22 JAN 15
R1.30 Foreign & Commonwealth Office: Same sex couples will now be able to marry at British Consulates in 24 countries 05 MAY 15
R1.29 PinkNews: Scotland: Same-sex couple banned from marrying 11 JAN 15
R1.28 PinkNews: House of Lords approves civil partnership conversion regulations in time for Christmas 18 NOV 14
R1.27 GayStarNews: UK civil partnerships will stay, but straights are still banned 26 JUN 14
R1.26 PinkNews: British consulate banned from performing same-sex marriages 08 JUN 1`4
D1.25 Government Equalities Office: Married Same Sex Couples: A Fact Sheet PDF 113.37kb, 09 JAN 14
R1.24 PinkNews: First English and Welsh same-sex marriages will happen and be recognised sooner than thought 25 JAN 14
R1.23 BBC News UK: Same-sex weddings to begin in March UK 10 DEC 13
D1.22 Order: The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 2013 No. 2789 (C110) PDF 19.87kb, 30 OCT 13
R1.21 FamilyLaw.uk.co: The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 07 NOV 13
R1.20 PinkNews: FAQ: Why will same-sex marriage be legal only in England and Wales? And other questions 20 JUL 13
R1.19 TPM: Britain Legalizes Gay Marriage With Queen’s Approval 17 JUL 12
R1.18 Peter Tatchell: Same-sex marriage law is not full equality 17 JUL 13
R1.17 New Statesman: Gay Marriage Laws: Unfair to Everybody! 16 DEC 02
R1.16 GayStarNews: Lower house of Parliament approves bill legalizing gay marriage in England and Wales 17 JUL 13
R1.15 BBC News: Gay marriage: Peers approve legislation 15 JUL 13
R1.14 BBC News: Same sex marriage bill passes report stage 11 JUL 13
R1.13 The Advocate: U.K. House of Lords Gives Initial OK to Marriage Equality by 242 Votes 04 JUN 13
R1.12 BBC News: Same sex marriage bill clears Commons 21 MAY 13
R1.11 GayStarNews: Date set for next debate on gay marriage in England and Wales 09 MAY 13
R1.10 PinkNews: First clause of equal marriage bill passes Committee stage in UK Parliament 26 FEB 13
R1.9 GayStarNews: House of Commons votes for same-sex marriage 05 FEB 13
R1.8 GayStarNews: The seven ways civil partnership isn't the same as marriage 25 JAN 13
L1.7 Parliament.uk: Marriage (Same Sex Couples) Bill PDF 266.46kb, 24 JAN 13
Parliament.uk: Progress of the Bill (Accessed 27 JAN 13)
R1.6 PinkNews: Same-sex marriage bill introduced in House of Commons 24 JAN 13
R1.5 Opponents of gay marriage focus on tricky definition of consummation 10 DEC 12
D1.4 Home Office: Equal Civil Marriage: a consultation PDF 326.08kb, 15 MAR 12
Home Office: Impact Assessment PDF 390.36kb, 09 JAN 12
R1.3 PinkNews: Government publishes proposals and opens consultation on same sex marriage 15 MAR 12
R1.2 The Independent: Hope for new law to allow gay marriage 17 SEP 11
R1.1 PinkNews.co.uk: Quakers agree to hold gay marriages 31 JUL 09
2. Courts & Tribunals
C2.4 Judgment: R (on the application of MM (Lebanon)) (Appellant) v Secretary of State for the Home Department (Respondent) et al [2017] UKSC 10 PDF 353.46kb 22 FEB 17
R2.3 BBCnews: Income rules for foreign spouses upheld 22 FEB 17
R2.2 BBC News: Lesbian Couple's High Court Test 12 AUG 05
R2.1 The Sunday Telegraph: Judge Needs More Time on Lesbian Marriage Case 11 JUN 06
R3.1 PinkNews.co.uk: German Court Rules Forced Divorces for Trans People Unconstitutional 24 JUL 08

See also: SA Law: Divorce Questions (Accessed 28 JAN 15)
Medical Negligence, Wrongful Death Legislation/Cases/References
See also: [HEALTH, MEDICAL]
1.

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 [R1.1].

R1.1 PinkNews.co.uk: Lesbian wins 'substantial' payout for partner's death 07 DEC 09
Military Legislation/Cases/References
1.

National

Although it is nearly 16 years since the "ban" on gay men and lesbians serving in the armed forces was lifted - following judgments by the European Court of Human Rights in Lustig-Prean and Beckett v the United Kingdom and Smith and Grady v the United Kingdom in 1999 - Parliament has never repealed sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994 which continue to make provision for a "homosexual act" constituting a ground for discharging a member of Her Majesty's armed forces from the service [R1.4].

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].

2.

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.

3.

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].

R1.4 ECHRSexualOrientationBlog: UK Parliament Poised to Repeal Final Discriminatory Law Relating to Homosexuality and the Armed Forces 07 JAN 16
R1.3 MCV: British Military Welcomes Gay Unions 25 FEB 05
R1.2 Evening Chronicle: Gay Ex-soldier's Sacking Payout 26 OCT 02
R1.1 The Times: Ban on Homosexuals in Forces to Go Next Year 15 OCT 99
R2.1 Gay.com UK: MOD Offers Gay Widow Pensions 15 SEP 03
365Gay.com: British Military To Cover GLBT Families Affected By War 21 MAR 03
R3.9 PinkPaper: Lesbian army captain loses employment tribunal case 16 MAY 11
R3.8 PinkNews.co.uk: Lesbian soldier wins MoD harassment payout 27 NOV 08
R3.7 PinkNews.co.uk: Lesbian soldier who suffered harassment has damages claim slashed 14 OCT 09
R3.6 MCV: UK Military Pays Out Claims 13 NOV 08
R3.5 PinkNews.co.uk: Army Settles Out of Court With Trans Soldier 27 MAY 08
R3.4 Evening Chronicle: Gay Ex-soldier's Sacking Payout 26 OCT 02
R3.3 Cape Times: UK to Pay Damages to Sacked Gay Soldiers 23 OCT 02
R3.2 Electronic Telegraph: £4m Payout for Gays Sacked from Services 17 OCT 99
R3.1 European Court of Human Rights: Grady v. The United Kingdom, Lustig-Prean & Beckett v. The United Kingdom and Smith 27 SEP 99
Teletext UK: Gays Ban Breach of Human Rights 27 SEP 99
Parenting, Adoption, Fostering Legislation/Cases/References
1.

England & Wales

The Adoption and Children Act 2002 allows gay couples to jointly apply for adoption for the first time [R1.10].

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 [R1.10].


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 [R1.9].

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" [R1.8].

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 within 6 months of the birth, making them legal parents of such children [R1.7]. Single people cannot gain full legal rights over their children born by surrogate mother – a problem which affects gay single men in particular [R1.6].

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 [R1.5].

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 [R1.4].


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 [R1.3].

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 [R1.2].


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 [R1.1].

2.

Courts & Tribunals

On 21 October 2016, Mr Justice Hayden in the High Court ordered that the child J be removed from his mother's care following concerns that she was forcing him to live ''life entirely as a girl'', saying ''I consider that [the mother] has caused significant emotional harm to [her son] in her active determination that he should be a girl'' [C2.47], [R2.46].

On 01 July 2016, it was reported that Ms Justice Russell in the High Court declared a gay couple who paid three different surrogate mothers £40,000 to have three babies in six months the legal parents of their children, whilst finding their conduct in attempting to mislead the Court regarding payments was reprehensible. The Judge heard evidence from the children's court-appointed guardian who praised the couple's excellent parenting [R2.45].

On 30 June 2016, Ms Justice Russell in the High Court ruled it was in the best interests of the baby child Z - conceived in Cyprus by the implanting of a frozen embryo stored from a previous procedure and provided by the biological father A, the same-sex partner of B, after making contact through a FaceBook surrogacy site - should remain with his surrogate mother. The circumstances of ''surrogacy agreement'' were controversial. As there was some agreement as to naming, it was ordered that the child should have A's surname [C2.44], [R2.43].

On 27 May 2016, Mr Justice Keenan in the High Court of Justice (Family Division), ruled that two men in their mid-20s (one the brother of the mother) would not be able to care for three children taken from the care of their mother ''sufficiently well to promote and enhance their welfare and development'' and that the children should instead be placed for adoption [C2.42], [R2.41].

On 20 May 2016, Judge Sir James Munby, president of the Family Division of the High Court, made a "declaration of incompatibility" in a ruling in favour of the father of Z, his biological son who was carried to birth by a surrogate mother. The ruling found that section 54 of the Human Fertilisation and Embryology Act 2008 is incompatible with Article 14 European Convention on Human Rights taken in conjunction with Article 8 insofar as it prevents the father from obtaining a parental order on the sole ground of his status as a single person as opposed to being part of a couple [C2.40], [R2.39].

On 30 April 2015, the judgment of Ms Justice Russell was published, ruling that it was in the best interests of the child M should live with same-sex couple, biological father H and his partner B as parents and not S, the surrogate mother who is to have supervised contact with M for as long as necessary. There was a dispute as to what was actually agreed between the parties [C2.38], [R2.37].

On 20 April 2015, Mr Justice Higginbottom in the Administrative Court in Birmingham denied the application of m2f transgender JK finding that the UK's birth registration scheme, which requires that the woman, JK, be recorded as the father is lawful and justified and did not unlawfully interfere with her Article 8 right, as well as her children's, under the European Convention on Human Rights (ECHR) to keep her transexuality a private matter [C2.36], [R2.35].

On 13 February 2015, Mrs Justice Theis in the Family Court granted the application of biological father Kyle Casson to legally adopt his son Miles although he's the infant's brother in the eyes of the law. The child was conceived via IVF after an anonymous donor egg was fertilized with sperm from Kyle whose mother was the gestational surrogate [C2.34], [R2.33].

On 03 October 2014, Sir James Munby in the High Court of Justice, Family Division, described the law with regard to the birth of a child by surrogacy requiring an application for a parenting order within six month's of a child's birth as 'nonsensical' and said that in some cases commissioning parents may be able to apply to sort out their parenthood late [C2.32] [R2.31].

On 23 May 2014, Judge Sir James Munby in the Family Division of the High Court ruled a same-sex couple could adopt a Roma couple's two sons, finding that the parents' views, whether religious, cultural, secular or social, are entitled to respect but cannot be determinative. The needs of the children outweighed the adoption's impact on their Roma identity [C2.30], [R2.29].

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].

R1.10 Gay.com UK: Cambridgeshire Lesbian Couple Are First to Jointly Adopt 11 NOV 03
R1.9 GayStarNews: Gay sperm donor told to pay for 'his' daughters 29 OCT 12
R1.8 InsideHousing: Paternity test 18 MAR 11
R1.7 PinkNews.co.uk: Law change helps gay dads of surrogate children 29 MAR 10
Manchester Evening News: Gay couple seeking surrogate … 02 FEB 11
R1.6 PinkNews: India [to] ban[s] gay couples from surrogacy 25 FEB 11
R1.5 Department of Trade & Industry Fact Sheet: Civil Partership SEP 05
R1.4 PinkNews.co.uk: Catholic Agencies Turn On Gay Adoption Rights As Exemption Period Runs Out 02 JAN 09
R1.3 PinkNews.co.uk: Catholic Adoption Agency Agrees to Comply With the Law 30 JUL 08
R1.2 PinkNews.co.uk: Roman Catholic Adoption Agency to Discriminate Against Homosexuals Through Legal Loophole 16 JUN 08
R1.1 Gay.com UK: Church Forced to Toe Line 01 FEB 07
Courts & Tribunals
C2.47 Judgment: Re J (a minor) HTML [2016] EWHC 2430 (Fam) 21 OCT 16
R2.46 TheTelegraph 21 October 2016 Boy, 7, removed from mother's care following concerns she was forcing him to live life as a girl, court hears 21 OCT 16
R2.45 PinkNews: Gay couple who 'bought' three babies in six months declared legal parents 01 JUL 16
C2.44 Judgment: Re Z (surrogacy agreements) (Child arrangement orders) [2016] EWFC 34 HTML 30 JUN 16
R2.43 Mirror: Judge rules surrogate mother could give baby a better home than gay couple 01 JUL 16
C2.42 Judgment: Birmingham City Council v. LC (1), X (2), A, T, W and H (3-6) (By their children's guardian), EH (7), G (8), K (9) [2016] EWHC 1278 (Fam) HTML 27 MAY 16
R2.41 DaventryExpress: Judge rules placing three children with two men not 'realistic option' 27 MAY 16
C2.40 Judgment: In the Matter of Z (A Child) (No 2) [2016] EWHC 1191 (Fam) HTML 20 MAY 16
R2.39 MatlockMercury: Surrogacy legislation discriminates against single people, judge rules UK (E&W) 23 MAY 16
C2.38 Judgment: H v S (Surrogacy Agreement) [2015] EWFC 36, 30 APR 15
R2.37 BBCnews: Gay couple wins High Court battle over baby girl 06 MAY 15
C2.36 Judgment: The Quen on the application of JK v. The Registrar General for England and Wales[2015] EWHC 990 (Admin) RTF 20 APR 15
R2.35 ScottishLegalNews: England: Transsexual fails in attempt to have birth certificate changed to hide original gender 21 APR 15
C2.34 Judgment: B v C (Surrogacy - Adoption) [2015] EWFC 17 PDF 331.68kb 13 FEB 15
R2.33 GayStarNews: Woman in the UK becomes surrogate mother for gay son 07 FEB 15
C2.32 Judgment: Re X (A Child) (Surrogacy: Time limit) [2004] EWHC 3155 (Fam) PDF 241.72kn, 03 OCT 14
R2.31 GayStarNews: Becoming legal parents after surrogacy - it may not be too late 21 DEC 14
C2.30 Judgment: In the Matter of J and S (Children) [2014] EWFC 4 PDF 80.83kb, 23 MAY 14
R2.29 BBC News: Same-sex couple can adopt Roma boys, court rules 23 MAY 14
C2.28 Judgment: A & B v. SA [2013] EWHC 426 (Fam) Word 73.0kb, 14 FEB 13
R2.27 Marilyn Stowe Blog: High Court grants parental order to US same sex couple 14 MAR 13
C2.26 OCSR Report: St Margaret’s Children and Family Care Society PDF 325kb, 05 MAR 13
R2.25 PinkNews: Ruling upheld that Scottish Catholic charity must accept adoption applications from gay couples 06 MAR 13
C2.24 OSCR: St Margaret's Children and Family Care Society: Scottish charity number SC028551 PDF 181.70kb, 22 JAN 13
R2.23 EveningTGimes: Adoption agency 'is discriminating' 24 JAN 13
C2.22 Decision: Catholic Care (Diocese of Leeds) v. Charity Commission for England and Wales FTC/52/2011 PDF 233.01kb, 02 NOV 12
R2.21 The Third Sector: Adoption agency cannot change its objects to exclude gay couples, tribunal rules 02 NOV 12
C2.20 BAILII: D and L (Surrogacy) [2012] EWHC 2631 (Fam) 28 SEP 12
R2.19 Mail Online: Gay couple win right to be parents of twin boys in legal first after Indian surrogate mother vanished before giving consent 02 OCT 12
R2.18 CatholicCulture.org: English Catholic agency loses appeal on same-sex adoptions 26 APR 11
R2.17 PinkNews: Court upholds foster ban on couple who oppose homosexuality 28 FEB 11
R2.16 PinkPaper: Christian foster couple in gay row 30 OCT 10
R2.15 PinkNews: Catholic adoption agency fights to retain right to discriminate against same-sex couples 07 OCT 10
R2.14 PinkNews.co.uk: Catholic adoption agency barred from refusing gay couples 19 AUG 10
R2.13 PinkNews: Judge rules lesbian parent cannot be forced to pay child maintenance 18 JUN 10
R2.12 PinkNews.co.uk: Catholic adoption agency wins right to appeal gay parents case 17 MAR 10
R2.11 PinkNews.co.uk: Gay protection loophole allowed Catholic adoption appeal 18 MAR 10
R2.10 PinkNews.co.uk: Catholic adoption agency allowed to appeal over gay parents 08 JUL 09
R2.9 PinkNews.co.uk: Woman launches legal battle after son is placed with gay foster parents 08 JUN 09
R2.8 PinkNews.co.uk: Brighton council halts gay foster case 07 JUL 09
R2.7 PinkNews.co.uk: Gay couple 'backed out of foster plans after negative media coverage' 07 JUL 09
R2.6 PinkNews.co.uk: Catholic adoption agency continues to fight to bar gay couples 14 MAY 09
R2.5 PinkNews.co.uk: Catholic charity withdraws case over gay adoption 28 APR 09
R2.4 PinkNews.co.uk: Time Runs Out for Catholic Adoption Agencies Over Gay Couples 02 DEC 08
R2.3 PinkNews.co.uk: Catholic Adoption Agency's Plan to Discriminate Rejected 20 OCT 08
C2.2A BaiLII: In re P and others (AP) (Appellants) (Northern Ireland) [2008] UKHL 38, 18 JUN 08
R2.2 PinkNews.co.uk: Gay Couples Could Adopt in Northern Ireland After Legal Ruling 26 JUN 08
R2.1 MCV: Lesbian Ex Wins Parental Rights 22 APR 05
See also: Stonewall: A guide for gay dads PDF 1.21MB, 18 OCT 10
Privacy Legislation/Cases/References
See also: [DISCRIMINATION]
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].

2.

County

On 29 October 2016, it was reported that a survey of residents about opening hours and the way the recycling centres are laid out, Suffolk County Council also asked (not demanded) householders to voluntarily detail their age, race, religion, sexual orientation and disabilities - including whether they have HIV. Out of an adult (18+) population of 576,907, a postal survey of a sample of 11,200 was undertaken and 2,841 (25.4%) surveys were actually completed [D2.2], [R2.1].

3.

Cities & Towns

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 [R3.1].

4.

Courts & Tribunals

On 04 November 2016, Mr Justice Keenan upheld the award of £4,750 damages to P, a 17-year-old f2m transgender estranged from his adoptive parents. P's privacy order was breached when a local authority employee disclosed personal information about P, including his forename and transgender status, to third parties who are friends of P's adoptive parents resulting in P's mental health being very severely compromised [C4.3], [C4.2], [R4.1].

R1.2 Manchester Evening News: Former Salford soldier jailed over gay affair 30 years ago involved in DNA police row 12 JAN 13
R1.1 QueerUK: ID cards: gone 13 MAY 10
D2.2 Survey Results: Residents Survey 2016 PDF 143.78kb 23 JUN 16
R2.1 DailyMail: Council demands to know if you are straight, gay, lesbian or transgender - before it does your recycling
R3.1 PinkNews: Islington Council publishes sexual orientation of 2,400 residents 27 JUL 12
C4.3 Judgment: P v. A Local Authority [2016] EWHC 2779 (Fam) HTML 04 NOV 16
C4.2 Judgment: PD v. SD, JD, X County Council [2014] EWHC 4013 (Fam) HTML 26 AUG 16
R4.1 PinkNews: Trans teen wins payout after authorities told estranged parents of his identity 19 DEC 16
Landlord, Tenant, Tenancy Legislation/Cases/References
1.

National

On 27 December 2015, Barristers David Peachey and Charles Irvine discussed your rights as a renter and retaliatory evictions [R1.1]

R1.1 TheGayUK: LEGAL CLINIC: Renters - What Are Your Rights 27 DEC 15
Violence, Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [HATE CRIME]
1.

National

On 29 December 2015, the coming into force of the Serious Crime Act 2015 means that those who subject spouses, partners and family members to psychological and emotional torment but stop short of violence and include a pattern of threats, humiliation and intimidation and makes offenders liable for up to five years imprisonment [D1.6], [R1.5].

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].

2.

Courts & Tribunals

On 27 March 2015, Judge Shamim Qureshi found Creech St Michael Michael Overd guilty of “bullying and berating” the public while giving sermons using a loudspeaker in Taunton town centre last year, quoting a verse from Leviticus at gay Christian Darren Chambers, during one of his sermons. Overd was fined fined £200 for offence, a victim surcharge of £20, £930 court costs and compensation to his victim of £250, in default 45 days goal [C2.10], [R2.9].


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 [R2.8].


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 [R2.7].


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 [R2.6].


In July 2009, an employment tribunal awarded a lesbian couple who were harassed by colleagues over their sexuality £22,000 in compensation [R2.5].


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 [R2.4].


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 [R2.3].


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 [R2.2].


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 [C2.1].

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) [R2.1].

D1.6 HomeOfficeGuidance: Controlling or Coercive Behavior in an Intimate or Family Relationship PDF 296.21kb, 04 DEC 15
R1.5 BBCnews: New domestic abuse law comes into force 29 DEC 15
R1.4 PinkNews: Housing association refuse to relocate trans woman away from phobic neighbours and say it is 'lifestyle choice' 01 FEB 13
R1.3 PinkNews.co.uk: Schools to record all homophobic, sexist and racist bullying 10 DEC 09
R1.2 Gay.com UK: New Domestic Violence Legislation Set to Cover Same Sex Couples 02 DEC 03
R1.1 Gay.com UK: Stamp Out Homophobia 22 JUL 03
2. Courts & Tribunals
C2.10 Case (unpublished): R v. Michael Overd No. U20150201, 23 MAR 15
R2.9 SomersetCountyGazette: Taunton street preacher Michael Overd found guilty of homophobic sermon 27 MAR 15
R2.8 PinkNews: Wales: Judge’s anger at light sentence for anti-gay neighbour 23 OCT 12
R2.7 PinkNews: Gay stable-boy sexually harassed female manager 18 APR 11
R2.6 PinkPaper.com: Council tenant evicted for homophobic bullying 14 DEC 09
R2.5 PinkNews.co.uk: Lesbian couple win £22,000 over sexual harassment at work 07 JUL 09
R2.4 PinkNews.co.uk: Gay Airport Guard Awarded Compensation in Sexual Harassment Case 19 FEB 09
R2.3 PinkNews.co.uk: Straight Man Wins "Landmark" Homophobic Harassment Case 22 DEC 08
R2.2 The Sunday Telegraph: Left-out Feeling 11 JUN 06
C2.1 Pearce v Governing Body of Mayfield School
R2.1 London Times: Court of Appeal: Pearce v Governing Body of Mayfield School 09 OCT 01

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