LGBT rights in Jersey

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LGBT rights in Jersey
LocationJersey.png
Same-sex sexual activity legal? Legal since 1990, equal age of consent since 2006
Military service UK responsible for defence (Since 2000)
Discrimination protections Sexual orientation, gender reassignment and intersex status
Family rights
Recognition of
relationships
Civil partnership since 2012
Adoption Legal since 2012

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Jersey 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 1990. LGBT people have been given many more rights in the law, such as the right to enter into civil partnerships and the right to adopt children (2012) and very board anti-discrimination and legal protection on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only part of the UK that for the first time explicitly includes "intersex status" within the anti-discrimination law. Same-sex marriages from abroad is treated as a civil partnership within Jersey since 2012. However, same-sex marriage is not recognised. On 14 July 2015 the Chief Minister submitted a proposal to parliament. The States are asked to decide once again whether they agree, in principle, that same-sex couples should be allowed to marry. It was approved on 22 September 2015 on a vote of 37 to 4 with 1 abstention.[1][2] Legislation to bring the law into effect is scheduled to be introduced by January 2017.[3]

Law regarding same-sex sexual activity[edit]

Prior to 1990, same-sex sexual activity was a criminal offence. The age of consent has been equal since 2006.[4]

Gender identity/expression[edit]

Transsexual persons are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition (Jersey) Law 2010.[5]

Recognition of same-sex relationships[edit]

Jersey allows civil partnerships for same-sex couples. The bill for legalisation was signed by the Queen on 14 December 2011 and registered by the royal court on 6 January 2012. The law took effect on 2 April 2012.[6] It also allowed LGBT people to register their civil partnership in churches.[7]

In August 2009, it was announced by the Chief Minister of Jersey that a civil partnerships bill would be drafted and be due for introduction to the Jersey House in October 2009.[8]

On 20 October 2009, the States of Jersey voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[9][10] Legislation legalising civil partnerships was approved on 12 July 2011.[11] On 14 December 2011, the bill received royal assent and was registered by the royal court on 6 January 2012.[12] In March 2012, the government issued orders implementing the law.[13][14] Same-sex marriages from abroad is treated as a civil partnership within Jersey since 2012.

On 28 May 2014, the deputy Sam Mezec of Reform Jersey party submitted a proposition asking the Assembly of the States of Jersey to support, in principle, the legalisation of same-sex marriage, and to request the Chief Minister to prepare the necessary draft legislation to give effect to the proposal. It was debated by the Assembly on 8 July 2014,[15][16][17] though the legislature elected to delay a vote on its passage, passing an amendment for a detailed study to be concluded by 31 December 2014.[18] On 14 July 2015 the Chief Minister submitted a proposal to parliament. The States are asked to decide once again whether they agree, in principle, that same-sex couples should be allowed to marry. It was approved on 22 September 2015 on a vote of 37 to 4 with 1 abstention.[19][20] Legislation to bring the law into effect is scheduled to be introduced by January 2017.[21]

Adoption and family planning[edit]

Both joint and step adoption are legal since 2012, which are included in the civil partnership.[22]

Additionally, lesbian couples can get access to artificial insemination.

On 23 June 2015, the States of Jersey agreed to bring about changes in their adoption laws called the Adoption (Amendment No. 7) (Jersey) Law 2015,[23] to allow all unmarried couples and those not in civil partnerships full adoption rights. Previously, these kinds of couples were only allowed to foster children.[24] The law came into effect on October 16, 2015.[25]

Discrimination protections[edit]

On June 2, 2015, Jersey passed a regulation called the Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 protecting LGBT and intersex people from discrimination by 37 members voting in favour of the third reading of legislation, 1 abstention and 11 absences. The regulation went into effect on 1 September, 2015.[26][27]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 1990)
Equal age of consent Yes (Since 2006)
Anti-discrimination laws in employment Yes (Since 2015)
Anti-discrimination laws in the provision of goods and services Yes (Since 2015)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2015)
Same-sex marriages No (Pending; Same-sex marriage from abroad is treated as a civil partnership within Jersey since 2012)
Recognition of same-sex couples (e.g. civil partnerships) Yes (Since 2012)
Step-child adoption by same-sex couples Yes (Since 2012)
Joint adoption by same-sex couples No (Since 2012)
Gays and lesbians allowed to serve openly in the military Yes (Since 2000)
Right to change legal gender Yes (Since 2010)
Access to IVF for lesbians Yes (Since 2012)
MSMs allowed to donate blood No
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well)

See also[edit]

References[edit]

  1. ^ P.77/2015 Same-sex marriage, divorce and dissolution
  2. ^ Same-sex marriage, divorce and dissolution - paragraph (a)
  3. ^ Jersey States supports same-sex marriage
  4. ^ http://www.pinknews.co.uk/2006/07/05/jersey-politicians-vote-to-reduce-gay-age-of-consent/
  5. ^ GENDER RECOGNITION (JERSEY) LAW 2010
  6. ^ http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5chtm%5cLawFiles%5c2012%2fL-04-2012.htm
  7. ^ http://www.pinknews.co.uk/2012/07/31/united-reformed-church-could-be-first-on-jersey-to-host-civil-partnerships/
  8. ^ http://news.bbc.co.uk/local/jersey/hi/people_and_places/religion_and_ethics/newsid_8235000/8235824.stm
  9. ^ http://www.bbc.co.uk/news/world-europe-jersey-14126084
  10. ^ http://news.bbc.co.uk/2/hi/europe/jersey/8317139.stm
  11. ^ http://www.statesassembly.gov.je/Pages/Votes.aspx?VotingId=163
  12. ^ http://www.pinknews.co.uk/2012/01/13/jerseys-religious-civil-partnership-rules-approved/
  13. ^ Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012
  14. ^ Civil Partnership (Jersey) Law 2012
  15. ^ "CIVIL MARRIAGES: SAME SEX COUPLES" (PDF). States of Jersey. 28 May 2014. 
  16. ^ "Additional information for P.102/2014". States of Jersey. 28 May 2014. 
  17. ^ "Gay marriage proposition lodged by Reform Jersey". BBC. 28 May 2014. 
  18. ^ "Campaigners criticise same sex marriage law delay". BBC News. 8 July 2014. 
  19. ^ P.77/2015 Same-sex marriage, divorce and dissolution
  20. ^ Same-sex marriage, divorce and dissolution - paragraph (a)
  21. ^ Jersey States supports same-sex marriage
  22. ^ Adoption (Amendment No. 3) Rules 2012
  23. ^ Adoption (Amendment No. 7) (Jersey) Law 201-
  24. ^ Changes to law mean unmarried couples can adopt
  25. ^ [1]
  26. ^ Jersey passes law protecting LGBT and intersex people from discrimination
  27. ^ Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015