LGBT rights in the Isle of Man
|LGBT rights in the Isle of Man|
|Same-sex sexual activity legal?||Lawful since 1992, age of consent equal since 2006|
|Military service||UK military since 2000|
|Discrimination protections||Sexual orientation protections (see below)|
|Adoption||Possible since 2011|
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Isle of Man have become substantially more liberal since the early 1990s. Most acts of male homosexuality on the island ceased to be contrary to the law in 1992. LGBT people have been given many more rights in the law, such as an equal age of consent (2006), employment protection from discrimination (2006), gender recognition (2009), the right to enter into civil partnerships and the right to adopt children (2011). However same-sex marriage is not permitted, and some acts of male homosexuality remain a criminal offence.
While not part of the United Kingdom, the Isle of Man has followed the UK's example in incorporating the European Convention on Human Rights into its own laws by the Human Rights Act 2001.
Law regarding same-sex sexual activity
Prior to September 1992, same-sex sexual activity was a criminal offence. After decriminalization, the age of consent was set at 21, which at that time was the same age as in the United Kingdom; in 2001, the age of consent for male homosexuals was lowered to eighteen by the Criminal Justice Act 2001 (c.4). In 2006, by the Sexual Offences (Amendment) Act 2006 (c.3), the age of consent was lowered again to sixteen, becoming gender-neutral for all sexual conduct, regardless of gender and sexual orientation. However, the Isle of Man retains specific offences in its criminal law for some male homosexuality.
Section 9 of the Sexual Offences Act 1992 continues to apply the criminal law to some "unnatural offenses" between men. Sub-sections (1) and (4) make "buggery" and "gross indecency" between men offences if one or both of the parties is under sixteen and also if the acts are committed "elsewhere than in private." The meaning of this is defined in Section 10: not in private means that "more than two persons are present" or that the location is "any place to which the public have or are permitted to have access, whether on payment or otherwise."
Recognition of same-sex relationships
At present, same-sex marriage is prevented in the Isle of Man by the Marriage and Civil Registration (Amendment) Act 2011 (c. 3). However, civil partnerships can be entered into. The bill for legalisation passed all stages of both the House of keys and the Legislative Council and was signed into law on March 15, 2011. The Civil Partnership Act 2011 (c. 2) took effect on April 6, 2011 and is modelled on the civil partnership legislation of the United Kingdom, Ireland and Jersey.
Adoption and family planning
By the Civil Partnership Act 2011 (c. 2), same-sex couples in the Isle of Man have been allowed equal access to full joint or step adoption since April 6, 2011. This extends to Scotland, England, Wales, Jersey and Guernsey, but not to Northern Ireland.
Additionally, lesbian couples can get access to artificial insemination.
Under the Employment Act 2006 (c. 21), taking effect on 1 September 2006, the Isle of Man adopted legislation which made it unlawful to dismiss employees on the grounds of their sexual orientation. At the time, LGBT reports from the Isle of Man stated that the island's government was "falling behind", in line with European Human Rights decisions.
|Same-sex sexual activity||(since 1992)|
|Equal age of consent||(since 2006)|
|Anti-discrimination laws in employment only||(since 2006)|
|Anti-discrimination laws in the provision of goods and services||(since 2006)|
|Anti-discrimination laws in all other areas (including indirect discrimination)||(since 2006)|
|Recognition of same-sex couples as civil partnerships||(since 2011)|
|Adoption by same-sex couples||(since 2011)|
|Gays allowed to serve in the military||(under UK military since 2000)|
|Right to change legal gender||(since 2007)|
|Access to IVF for lesbians||(under UK Human Fertility Services Network since 2009)|
|Civil marriage for same sex couples||(banned since 2011)|
|Men who have sex with men (MSM) allowed to donate blood||(policy under review)|
- Politics of the Isle of Man
- LGBT rights in the United Kingdom
- LGBT rights in Europe
- Age of consent in Europe
- Isle of Man Legislation
- [dead link]
- Paul Johnson, Homosexual Offenses and Human Rights in Isle of Man at jurist.org, accessed 14 January 2013
- "civil mem" (PDF). Retrieved 20 January 2011.
- "Keys continues to support Civil Partnership Bill | Newsroom". Isleofman.com. 23 June 2010. Retrieved 20 January 2011.
- Published on Mon 21 Jun 09:09:47 BST 2010. "Civil Partnership Bill faces final hurdle - Isle of Man News". iomtoday. Retrieved 20 January 2011.
- Isle of Man gay couples get right to civil partnership
- "World | Europe | Isle of Man | Gay employment rights are adopted". BBC News. 30 November 2005. Retrieved 20 January 2011.
- "Isle of Man - LGBT". Gayinfo.org.im. Retrieved 20 January 2011.