Lesbian, Gay, Bisexual and Transgender Equality

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Lesbian, Gay, Bisexual and Transgender Equality From equalising the age of consent to ending discrimination on the grounds of sexual orientation when adopting, introducing gender reassignment protection and civil partnerships and repealing Section 28, the Government is proud to be taking this country forward to a fair and equal society for Lesbian, Gay, Bisexual and Transgender people (LGB and T). We’re breaking through the barriers of discrimination, prejudice, homophobia and transphobia. We’ve legislated to provide survivor benefits and pension rights for same-sex couples, lifted the ban on lesbians and gay men serving in the armed forces, and we are working hard to tackle homophobia and transphobia in schools. The Government is building on this progress with our tough new Equality Bill, which will provide further protection for LGB and T people. These protections place us as a world leader for LGB and T equality, creating a fair society with equal chances for everyone – for families, for our communities, at work and in everyday life. But there is more still to do and the Government will continue to stay vigilant, fighting homophobia and transphobia.

What the Government has done for LGB and T people For families New measures introduced include: ✓✓ The Adoption and Children Act 2002 made it possible for same sex couples to adopt children. ✓✓ The Civil Partnership Act 2004 means almost 35,000 same sex couples have been able to formally celebrate and register their relationship, gaining vital protection where previously they had none – for instance in survivor benefits and pension rights. ✓✓ The Human Fertilisation and Embryology Act 2008 made it easier for lesbian couples to access IVF and ensured that same sex couples can both be recognised as the legal parents of their children in the same way as heterosexual people. ✓✓ The UK worked with the French Government to ensure that couples in a UK civil partnership will receive the same legal recognition in France as couples in a French Pacte Civil de Solidaritè. This means that couples living in France will no longer be required to have their UK civil partnership dissolved in order to receive equal rights in France. . FACTSHEET

For our communities LGB and T people have the right to feel and be safe in our communities. Homophobia and transphobia must not be allowed to destroy lives. That is why: ✓✓ In 1998, we repealed Section 28 of the Local Government Act 1988, allowing teachers to deal more effectively with homophobic bullying in schools and local authorities to provide services targeted at LGB communities. ✓✓ Section 146 of the Criminal Justice Act 2003 came into effect in April 2005, meaning courts in England and Wales can impose tougher sentences for offences motivated or aggravated by the victim’s sexual orientation. ✓✓ In 2007 we published guidance on addressing homophobic bullying in schools, marking a big step forward to eradicating homophobic bullying. This guidance provided teachers and governors with the information they need to stamp this out. ✓✓ In 2009 the Government issued new guidance on addressing sexist, sexual and transphobic bullying in schools, to help tackle transphobic bullying. ✓✓ The 2009 Cross-Government Action Plan set out how the Government is going to meet the challenges of hate crime, including homophobic and transphobic hate crime. This was the first time that all Government action to tackle hate crime has been brought together in one place. The Plan aims to increase victims’ confidence in the justice system and to encourage more people to report these crimes. ✓✓ In 2010, as part of its anti-bullying work, the Government supported Stonewall’s production of an interactive film for schools to use to help challenge homophobic bullying. ✓✓ An offence ofstirring up hatred on the grounds of sexual orientation was introduced in the Criminal Justice and Immigration Act 2008. This offence will come into force in spring 2010 and will help to tackle homophobic extremism. ✓✓ In 2010, the Government made it a priority to increase diversity in political and public life. The Speaker’s Conference, a cross party group of MPs, has been looking at the under- representation of certain groups in Parliament. In response to this, the Government is commissioning research to look at the barriers LGB and T people face when they seek public office or to participate in civic society, for example by becoming a school governor or magistrate. At work A workplace free from homophobia or transphobia is more productive for the employer and safer and fairer for employees. That’s why we’ve developed protection for LGB and T people at work, including: ✓✓ In 1999 we made it unlawful for employers to discriminate against transsexual employees. . FACTSHEET FACTSHEET

✓✓ In 2000, we lifted the ban on lesbians and gay men serving in the armed forces. ✓✓ The Employment Equality (Sexual Orientation) Regulations 2003 meant that people could no longer be denied a job or training or discriminated or harassed at work because of their sexual orientation. ✓✓ During LGBT History Month 2010, the Government Equalities Office celebrated the contribution that workplaces have played towards LGB and T equality. The Government is building on this by conducting research into the barriers faced by employers to becoming LGB and T friendly workplaces.

And in everyday life ✓✓ In 2004, we introduced the Gender Recognition Act which meant that people could have their true gender identity legally recognised. ✓✓ The Equality Act (Sexual Orientation) Regulations 2007 means that businesses and other organisations are not allowed to discriminate against gay, lesbian or bisexual people. This means, for example, it is illegal to refuse to serve someone in a pub because they are gay. In 2008, the Government extended similar protection to transsexual people. ✓✓ We will continue supporting LGBT History Month. In 2009 the Prime Minister hosted the first LGB and T reception at Downing Street and will be hosting the second event in February 2010. ✓✓ Same sex relationships are still illegal in over 70 countries, and in several they are punishable by death. In 2008 the UK signed a UN Declaration demanding an end to legal punishment for being gay, lesbian or bisexual. The UK will continue to work for LGB and T rights across the world, challenging homophobia and transphobia wherever it occurs.

The Equality Bill These changes have made a huge impact on the lives of lesbian, gay, bisexual and transgender people, and on our society. But there is still more to do. The Equality Bill will strengthen and streamline existing equalities legislation and support our wider work to promote equality: ✓✓ The Bill places an Equality Duty on public bodies, which will mean they need to think about the needs of LGB and T customers and employees before designing their services for the community. This could mean: • a health centre running a promotional campaign to encourage more lesbians to attend clinics for cervical smear tests; • a local authority-run housing association mediating to resolve a neighbour dispute in which a couple are being subjected to homophobic abuse; . FACTSHEET

• a school working with parents and governors to improve their anti-bullying programme, aimed at tackling homophobia and transphobia; • a police force taking action by holding meetings with their local LGB and T communities to help address hate crime in their neighbourhood; • a public transport provider holding staff training sessions to ensure their drivers understand what they can do to help transgender people travel safely.

✓✓ The Bill removes the insurance exception which allowed insurers to treat people differently on grounds of sexual orientation in some circumstances. ✓✓ The Bill also removes the ‘medical supervision’ requirement in the definition of gender reassignment. ✓✓ The Bill changes the definition of direct discrimination so those who are discriminated against because they are perceived to be LGB or T will be protected from discrimination. People who are discriminated against because of their association with LGB and T people will also be protected. ✓✓ The Bill bans indirect discrimination because of gender reassignment. This will make a policy or practice unlawful if it has an unfair impact on transsexual people. For example, a college which has a policy not to amend an educational certificate if a person changes their name and gender. ✓✓ The Bill also makes it unlawful to discriminate because of gender reassignment when exercising a public function. This means, for example, that it will be unlawful for the police to discriminate against transsexual people when investigating a crime. ✓✓ The Government amended the Bill to provide new protection from discrimination for transsexual pupils in schools. ✓✓ The Bill outlaws dual discrimination, allowing people to bring a claim if they have been unlawfully discriminated against because of a combination of two protected characteristics – for example their sexual orientation and sex, or their sexual orientation and disability. This means that lesbians or gay disabled people will have the protection they need against discrimination.

More information For more information on the work of the Government Equalities Office visit: www.equalities.gov.uk Alternatively, contact our general enquiries line on 030 3444 0000 or email: [email protected]