2007/2008 Edition Ending Homophobia, Empowering People www.lgf.org.uk Reg. Charity No. 1070904 A GUIDE TO YOUR RIGHTS FOR LESBIAN, GAY & BISEXUAL PEOPLE In association with Ending Homophobia, Empowering People www.lgf.org.uk A GUIDE TO YOUR RIGHTS... Over the last ten years there have been many changes in legislation that affect lesbian, gay and bisexual people. These range from an equal age of consent, to civil partnerships; and more recently, equality in the provision of goods and services. The Lesbian & Gay Foundation (LGF) have been working with O’Neill Patient solicitors, and Amicus the Union, to produce this information resource to enable lesbian, gay and bisexual people to have up-to-date information about their legal and civil rights. However, as the law has changed over the last decade it will continue to do so. The information contained in this resource is a summary of the law at the time of publication (May 2007). Both LGF and O’Neill Patient would recommend taking legal advice if you have a matter that needs dealing with urgently. 02 INSIDE Paul Martin, The Lesbian & Gay Foundation 4 Les Patient, O’Neill Patient Solicitors 5 Ten Years of Progress 6 Sexual Orientation Regulations 8 Disability 11 Age of Consent 13 Section 28 14 Comission for Equality & Human Rights 17 Hate Crimes 18 Sexual Offences Act 20 The Law & Cruising 23 Employment Act 24 Anti-Discrimination Law 26 Armed Forces 28 Faith Exemptions 29 Adoption 30 Cohabitation 32 Civil Partnership 33 Where There’s a Will … 34 Criminal Injuries 35 Immigration 36 LGB Rights Around the World 38 Education Rights 40 Housing-Younger LGB’s 42 Housing-Older LGB’s 43 LGF Housing Drop-In 44 Police Advice Surgery 45 Criminalisation of HIV 46 Useful Contacts 47 References 52 03 Ending Homophobia, Empowering People www.lgf.org.uk PAUL MARTIN Chief Executive The Lesbian & Gay Foundation “The Lesbian and Gay Foundation believes in a fair and equal society where all lesbian, gay and bisexual people can achieve their full potential. This information guide provides the first important steps towards informing you, the lesbian, gay and bisexual community of the North West of your legal and civil rights. Discrimination against lesbian, gay and bisexual people is a breach of our fundamental human right to equal treatment and respect for individual dignity. For too long it has been acceptable to deny us these basic rights and discriminate against us because we have been perceived as somehow less deserving than other people in society. Well no more! The detailed information contained within this guide provides you with the basic tools to begin the process of challenging prejudice and discrimination committed against you because of your sexual orientation. The guide also provides you with contact details for you to gain further support when you act upon unequal treatment. But act you must. I would like to thank the people responsible for producing this guide, and in particular I would like to express my deep thanks to O’Neill Patient Solicitors, for their continuing support and commitment in ‘Ending Homophobia and Empowering People.’“ 04 LES PATIENT Senior Partner O’Neill Patient Solicitors “It is generally thought that between 5% and 7% of the population are lesbian and gay, and whilst there are no firm figures for bisexual men and women, it does mean that there are a lot of us out there. We have made steady progress over the last ten years in our journey to be treated as equal to other members in our society and I want to dedicate my contribution to this guide, to those of us that just want to get on with their lives without prejudice, hate or discrimination. I recently had the pleasure in committing to my same sex partner Andrew in our civil partnership ceremony and I cannot begin to tell you how good that felt, to be recognised as a regular bloke who wanted to show some commitment to his partner of 15 years. I am delighted to be able to contribute to this resource by The Lesbian and Gay Foundation who I have nothing but admiration for in their support for lesbian, gay and bisexual people in the North West and beyond. Long may they continue!” 05 TEN YEARS OF PROGRESS... Milestones on the road to full legal rights for LGB people. Labour wins General Election. Stephen Twigg and Ben Bradshaw, both openly gay, become 1997 MPs. Chris Smith becomes the first openly gay Cabinet Minister as National Heritage Secretary. Labour MP Angela Eagle becomes the first MP to come out as a lesbian. The Government recognises same sex partners for immigration purposes. The House of Commons votes for the age of consent for gay males to be 16, but this was 1998 later defeated in the Lords. Immigration policy changed so that gay couples only needed to fill a two year rather than a 1999 four year probationary period. The Law Society proposes that unmarried couples, including same sex partners, should be recognised in law. Rail companies legally recognise same sex couples for travel subsidy. The House of Lords rules that same sex partners should have the right to succeed a tenancy. 2000 The Government lifts the ban on lesbians and gay men serving in the armed forces. 2001 The age of consent is reduced to 16. 06 Equal rights are granted for same sex couples applying for adoption. However, it not implemented until 2005. 2002 Repeal of Section 28 Employment Equality (Sexual Orientation) Regulations come into effect, giving lesbian gay 2003 and bisexual people equal rights in the workplace. The Sexual Offences Act abolishes the crime of buggery and gross indecency. 2004 The first Civil Partnerships take effect from 21 December. Section 146 of the Criminal Justices Act 2003 implemented, empowering courts to impose 2005 tougher sentences for offences aggravated or motivated by the victim’s sexual orientation. The Equality Act 2006 establishes Commission for Equality and Human Rights and makes discrimination against lesbians, gay men and bisexuals in the provision of goods and legal services illegal. 2006 The implementation of the Equality Act (Sexual Orientation)2007. 2007 07 THE EQUALITY ACT (SEXUAL ORIENTATION) REGULATIONS 2007 The House of Lords voted on 21 March 2007 to introduce new regulations, to protect individuals discriminated against on the grounds of their sexual orientation. In short, the regulations will make it unlawful to discriminate against, (amongst others), lesbian gay and bisexual people in the provision of services, ranging from healthcare and education through to restaurants and hotels. For example the regulations mean it will be illegal to be refused a double room if you are a gay couple, refused a gift service for a gay commitment ceremony or refused admission to a school based on the parent’s sexual orientation. The regulations are complementary to existing regulations beyond the scope of this guide, as protection in this area is already afforded to people because of sex, disability, faith or race. The Regulations will extend to England, Scotland and Wales from 30th April 2007. Catholic Adoption agencies have until December 2008 to comply with the regulations. After this time the regulations will cease to be exempt to them. 08 PAUL MARTIN Chief Executive, The Lesbian & Gay Foundation “In the last decade we have been gradually achieving more equal rights and a fairer access to goods and services has been a long time coming. It is vital that we inform each other on what these rights mean and how we can begin to use them in a way that will make a difference to all of our lives for the better. We still have some way to go in our quest to achieve full equality (in law and in life) but the more we feel confident about challenging areas in life where we are treated differently or unfairly, the more we can fight prejudice and discrimination in all its forms.’’ BEN SUMMERSKILL Chief Executive, Stonewall “We are delighted that Peers have supported equality for Lesbian and Gay people so decisively. The campaign to oppose these much needed protections reached appalling depths with small children of six, seven and eight being coerced into waving anti gay placards. It has been a stark reminder of how much prejudice still exists in Britain and is further evidence of the need for these protections.’’ LORD CHRIS SMITH First openly gay MP, and former Cabinet Minister “This is another historic milestone on the long road to end discrimination against lesbian, gay and bisexual people.” 10 DISABILITY Lesbian, gay and bisexual people suffer in the same way that heterosexual people suffer, because of their disablement. It seems incredible in a minority group such as lesbian, gay and bisexual people, that they often themselves discriminate against other minority groups, where negative views lead to people having no support network or social life because of their disability. The Disability Discrimination Act 1995 was passed to introduce legislation to end this discrimination. It protects disabled people in areas such as employment, the provision of goods and services, facilities, and the selling, letting or managing of land or premises. Educational establishments are required to provide information for disabled people and the Government can set minimum standards to assist disabled people to use public transport. The development of the legislation is ongoing. Education premises, shop premises, work premises and places of worship are required to adapt to allow access to disabled people in order that disabled people can live their lives without being forced to rely on others. 11 16 THE AGE OF CONSENT In 1967 when gay (male) sex was partly decriminalised, the age of consent for gay men was set at 21, whilst for heterosexuals it was 16.