LGBT rights in Guernsey
StatusLegal since 1992, age of consent equal since 2006
MilitaryUK military since 2000
Discrimination protectionsSexual orientation protections (see below)
Family rights
AdoptionLegal since 2011

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Guensey over the past couple of years have become more liberal after years of lobbying, LGBT people have made progress in getting legal recognition (such as an equal age of consent and employment protection from discrimination in 2006, gender recognition in 2009 and both civil partnerships and the adoption of children in 2011), however same-sex marriage is not legal. Male homosexuality has been legal since 1992 on Guernsey.

Law regarding same-sex sexual activity

Prior to September 1992, Same-sex sexual activity was illegal, then after decriminalization, the age of consent was set at 21 (in line with the UK at that time); then in 2001, the age of consent for male homosexual acts was lowered to 18 under the Criminal Justice Act 2001 (c.4). In 2006 under the Sexual Offences (Amendment) Act 2006 (c.3), the age of consent was lowered to 16, became gender-neutral for all sexual conduct; regardless of gender and/or sexual orientation.

Gender identity/expression

Transsexual persons are allowed to change their legal gender and to have their new gender recognised under the Gender Recognition Act 2009 (c.11).[1]

Recognition of same-sex relationships

Today, civil marriage for same sex couples is banned under the Marriage and Civil Registration (Amendment) Act 2011 (c.3). Nor is there any provision for civil partnerships (in the same way as civil partnerships is recognised in the United Kingdom, Ireland, the Isle of Man, and Jersey).

Adoption and family planning

Under the Civil Partnership Act 2011 (c.2), same-sex couples in Guernsey since April 6, 2011 are allowed equal access to full joint or step adoption in the same way as adoption for same sex couples is recognised in the United Kingdom - including England, Wales, Scotland, Jersey and the Isle of Man, but not Northern Ireland.

Discrimination protections

Under the Employment Act 2006 (c.21), Guernsey adopted legislation that outlawed the dismissal of employees on the grounds of their sexual orientation and became effective from 1 September 2006.

Summary table

Same-sex sexual activity Yes (since 1992)
Equal age of consent Yes (since 2006)
Anti-discrimination laws in employment only Yes (since 2006)
Anti-discrimination laws in the provision of goods and services Yes (since 2006)
Anti-discrimination laws in all other areas (including indirect discrimination) Yes (since 2006)
Recognition of same-sex couples as civil partnerships Yes (since 2011)
Adoption by same-sex couples Yes (since 2011)
Gays allowed to serve in the military Yes (under UK military since 2000)
Right to change legal gender Yes (since 2007)
Access to IVF for lesbians Yes (under UK Human Fertility Services Network since 2009)
Civil marriage for same sex couples No (banned since 2011)
Men who have sex with men (MSM) allowed to donate blood No (policy under review)

See also

References