LGBTQ rights in Jersey
LGBTQ rights in Jersey | |
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| Status | Legal since 1990, equal age of consent since 2006 |
| Gender identity | Right to change legal gender since 2010 |
| Military | UK responsible for defence |
| Discrimination protections | Sexual orientation, gender reassignment and intersex status |
| Family rights | |
| Recognition of relationships | Civil partnerships since 2012; Same-sex marriage since 2018 |
| Adoption | Full adoption rights since 2012 |
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Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.
The status of LGBT rights is similar to that of the United Kingdom and the other two Crown dependencies (the Isle of Man and Guernsey). Societal acceptance of homosexuality and same-sex relationships is high. Jersey organised its first public LGBT event in July 2014, when hundreds of participants gathered in Saint Helier to call for the legalisation of same-sex marriage.[1]
Law regarding same-sex sexual activity
[edit]Prior to 1990, same-sex sexual activity was a criminal offence. The age of consent was lowered from 21 to 18 in 1995, exactly one year after the United Kingdom lowered the age of consent to 18.[2] The age of consent has been equal at 16 since 2006.[3]
Pardon scheme
[edit]In May 2024, it was formally announced that a pardon scheme would be established to remove gay sex sexual offences (prior to 1990) in regarding to Jersey - on an individuals criminal record.[4] A similar pardon scheme known as the “Alan Turing Law” was implemented in the UK by legislation.
Recognition of same-sex relationships
[edit]Jersey allows same-sex couples to enter into civil partnerships or marriages.
Civil partnerships
[edit]On 20 October 2009, the States of Jersey (Parliament) voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[5][6] Legislation allowing for civil partnerships was approved on 12 July 2011.[7] The bill was signed by Queen Elizabeth II on 14 December 2011 and registered by the royal court on 6 January 2012.[8] The law took effect on 2 April 2012.[9][10][11] It also allows same-sex couples to register their civil partnership in churches, if the church in question chooses to do so.[12]
In March 2022, a bill passed the States of Jersey that allows heterosexual couples to enter civil partnerships - not just same-sex couples. It is expected to go into effect from January 1, 2023.[13]
Marriage
[edit]The States made an in-principle agreement to legalise same-sex marriage on 22 September 2015, voting 37–4.[14][15] Legislation to bring the law into effect was introduced in October 2017.[16] Though delayed on several occasions, the same-sex marriage legislation was approved by the States on 1 February 2018, by a vote of 43–1.[17] The bill received royal assent 23 May 2018, and went into effect on 1 July 2018.[18] The first couple married shortly thereafter, on 9 July.[19]
Adoption and parenting
[edit]Both joint and stepchild adoption have been legal since 2012, when the civil partnership law came into effect.[20]
Additionally, lesbian couples can access 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,[21] to grant unmarried couples full adoption rights. Previously, only married couples and couples in civil partnerships were allowed to apply to adopt children.[22] The law came into effect on 16 October 2015.[23]
Parentage legislation introduction
[edit]In December 2023, legislation was introduced to formally recognize children of same-sex couples by parentage from IVF and surrogacy to the Jersey Assembly - a legal first for the Channel Islands.[24] The legislation would meet compliance and obligations based on the United Nations Convention on the Rights of the Child. Also it is unclear whether the legislation would pass and go into effect.[citation needed]
Discrimination protections
[edit]On 2 June 2015, Jersey passed the Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015, protecting LGBT and intersex people from discrimination. The legislation was approved on third reading by 37 members voting in favour, 1 abstention and 11 absences, and went into effect on 1 September 2015.[25][26]
Gender identity and expression
[edit]Transgender people are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition (Jersey) Law 2010.[27]
Additionally, transgender people are fully protected through anti-discrimination laws.[25]
Blood donation
[edit]Gay and bisexual men have been allowed to donate blood, provided they haven't had sex in a year, since 2011.[28] In March 2019, it was confirmed that the 12 month criterion is under review, following the introduction of more advanced blood testing technology.[29] In December 2019, it was revealed that this review would not take place until 2021 at the earliest.[30]
In June 2021, it is proposed that the Channel Islands will be implementing the "UK-model on risk based assessments" of blood donation. It is not clear on when the policy goes into effect yet.[31]
Local charities working for LGBT rights
[edit]Liberate is the only organisation in the Channel Islands that represents the local LGBT community and other minority groups. It was established in Guernsey in February 2014 and in Jersey in August 2014. The Jersey branch lobbied to ensure that intersex people were included in Jersey's Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 and campaigning to legalise same-sex marriage.[32]
Summary table
[edit]| Same-sex sexual activity legal |  (Since 1990)
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| Equal age of consent (16) | (Since 2006)
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| Anti-discrimination laws in employment | (Since 2015)
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| Anti-discrimination laws in the provision of goods and services | (Since 2015)
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| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2015)
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| Anti-discrimination laws covering gender identity in all areas | (Since 2015)
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| Discrimination based on intersex status prohibited | (Since 2015)
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| Same-sex marriages | (Since 2018)
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| Recognition of same-sex couples (e.g. civil partnerships) | (Since 2012)
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| Stepchild adoption by same-sex couples | (Since 2012)
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| Joint adoption by same-sex couples | (Since 2012)
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| LGBT people allowed to serve openly in the military | (Since 2000)
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| Right to change legal gender | (Since 2010)
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| Access to IVF for lesbians | (Since 2012)
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| Commercial surrogacy for gay male couples |  (Banned for heterosexual couples as well)
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| MSMs allowed to donate blood | / (12 month deferral period since 2011)
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See also
[edit]- Politics of Jersey
- LGBT rights in Guernsey
- LGBT rights in the United Kingdom
- LGBT rights in Europe
- Age of consent in Europe
References
[edit]- ^ "Jersey holds first gay rights rally". BBC News. 12 July 2014.
- ^ "SEXUAL OFFENCES (AMENDMENT) (JERSEY) LAW 1995". www.jerseylaw.je.
- ^ "Jersey Politicians vote to reduce gay age of consent". 5 July 2006.
- ^ "'Turing's Law' pardon considered in Jersey for gay convictions".
- ^ "States backs civil partnerships". BBC News. 12 July 2011.
- ^ "New rights for homosexual couples". 20 October 2009 – via news.bbc.co.uk.
- ^ Vote for Draft Civil Partnership (Jersey) Law 201- Third Reading
- ^ "Jersey's religious civil partnership rules near implementation". 13 January 2012.
- ^ "Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012". Archived from the original on 3 March 2016. Retrieved 21 February 2020.
- ^ "CIVIL PARTNERSHIP (JERSEY) LAW 2012". www.jerseylaw.je. Archived from the original on 6 September 2015.
- ^ "Jersey Law | CIVIL PARTNERSHIP (JERSEY) LAW 2012". Archived from the original on 6 September 2015. Retrieved 14 September 2012.
- ^ "United Reformed Church could be first on Jersey to host civil partnerships". 31 July 2012.
- ^ "Jersey approves civil partnership law for all genders". BBC News. 3 March 2022.
- ^ P.77/2015 Same-sex marriage, divorce and dissolution
- ^ Same-sex marriage, divorce and dissolution – paragraph (a)
- ^ "States supports same-sex marriage". BBC News. 22 September 2015.
- ^ "Equal marriage legislation passed by Jersey politicians". February 2018. Retrieved 1 February 2018.
- ^ "Jersey to introduce same-sex marriage from 1 July". BBC News. 27 June 2018. Retrieved 27 June 2018.
- ^ Heath, Ian (10 July 2018). "History is made Jersey as first same-sex wedding takes place". www.jerseyeveningpost.com.
- ^ "Adoption (Amendment No. 3) Rules 2012". Archived from the original on 3 March 2016. Retrieved 21 February 2020.
- ^ "Adoption (Amendment No. 7) (Jersey) Law 201-". Archived from the original on 23 September 2015. Retrieved 21 February 2020.
- ^ "Changes to law mean unmarried couples can now adopt". ITV News.
- ^ "Adoption (Jersey) Law 1961". www.jerseylaw.je.
- ^ https://www.jerseylaw.je/laws/pending/Pages/ChildrenandCivilStatus(Amendments)Law202-_ADOPTED.aspx [bare URL]
- ^ a b "Jersey passes law protecting LGBT and intersex people from discrimination". 2 June 2015.
- ^ "Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015". Archived from the original on 4 March 2016. Retrieved 24 September 2015.
- ^ "GENDER RECOGNITION (JERSEY) LAW 2010". Archived from the original on 4 March 2016. Retrieved 24 September 2015.
- ^ "End of gay blood ban is welcomed". BBC News. 20 September 2011.
- ^ "New tech to prompt review of gay blood donor exclusion". Bailiwick Express. Retrieved 6 July 2019.
- ^ "Review of year-long gay blood donor ban pushed back". Bailiwick Express. Retrieved 13 January 2020.
- ^ "Channel Islands to follow UK rules on blood donations from gay men". 29 June 2021.
- ^ "About". Liberate. 13 January 2017. Retrieved 1 February 2019.