Suvarna Garge (Editor)

LGBT rights in Guernsey

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Military service
  
UK military since 2000

Adoption
  
Legal since 2016

Discrimination protections
  
Yes, since 2004

LGBT rights in Guernsey

Same-sex sexual activity legal?
  
Legal since 1983, age of consent equal since 2012

Recognition of relationships
  
UK civil partnerships recognized for succession purposes since April 2012; Same-sex marriage from mid-2017 (does not apply within Sark and Alderney)

Lesbian, gay, bisexuals, and transgender (LGBT) persons in Guernsey may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity for both men and women is legal in Guernsey, and same-sex marriage has been legal since December 2016. The same-sex marriage laws do not apply in Sark and Alderney. However, Alderney does recognize same-sex marriages from abroad for certain purposes (i.e. inheritance).

Contents

Law regarding same-sex sexual activity

Prior to 1983, same-sex sexual activity was illegal; after decriminalisation, the age of consent was set at 21 (in line with the UK at that time). In 2000, the age of consent for male same-sex sexual acts was lowered to 18. In 2010, the States of Guernsey backed, in principle, the proposal to equalise the age of consent at 16. The legislation to this effect was approved in 2011 and took effect on 5 November 2012. However, Guernsey retains male homosexual specific offences in its criminal law.

Recognition of same-sex relationships

Guernsey has recognised civil partnerships performed in the United Kingdom and other relationships treated as such by the UK law for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012. A proposal to abolish state-sanctioned marriages in favour of a Union Civile (for both opposite-sex and same-sex couples) was rejected by the States in favour of a same-sex marriage law in December 2015.

In February 2016, a working group, which consists of Chief Minister Jonathan Le Tocq and Deputies Elis Bebb and Chris Green, was established in order to prepare a draft bill. A bill was approved by the States, in a 33-5 vote, on 21 September and received Royal Assent on 14 December 2016.

The marriage legislation is expected to go into effect from mid-2017. The same-sex marriage laws do not apply in Sark and Alderney. However, Alderney does recognize same-sex marriages from abroad for certain purposes (i.e. inheritance).

Discrimination protections

Discrimination based on sexual orientation and gender reassignment is banned since 2004.

Adoption and parenting

Lesbian couples can have access to IVF and artificial insemination.

In May 2015, Guernsey's Chief Minister announced that a review of the 1960 Adoption Law which bars unmarried couples from jointly adopting was scheduled for 24 June 2015. The Chief Minister hopes to extend full adoption rights to couples in overseas civil partnerships and those who have lived together for some time. On 24 June 2015, the States of Guernsey agreed by a vote of 38 to 2 to bring about changes to its adoption law and recognise civil partnerships and other foreign unions.

Local LGBT charities and organisations

Liberate is the only organisation in the Channel Islands that represents the local LGBT community. It was established in February 2014 with the aim to "include, inform and support the local LGBTQ community", as well as to reform discriminatory laws in the Bailiwick.

References

LGBT rights in Guernsey Wikipedia