Sexual orientation
Preventing discrimination on the grounds of
sexual orientation has been a key part of the Government’s agenda
over the past decade. Click here to view our fact sheet,
'Government Action on LBGT
rights'.
Key successes
The Government has:
- equalised the age of consent;
- given same sex couples an equal right to be
considered to adopt children;
- repealed Section 28 of the Local Authorities
Act, which forbade local councils from ‘promoting
homosexuality’;
- lifted the ban on lesbian, gay and bisexual
people serving in the armed forces;
- introduced civil partnerships;
- banned organisations from discriminating
against employees or customers because of their sexual
orientation.
Sexual orientation and the law
The Government Equalities Office is
responsible for two laws designed to tackle the practical barriers
and real, everyday problems faced by lesbian, gay and bisexual
people. One is the Civil
Partnership Act 2004, and the other is the Equality Act
(Sexual Orientation) Regulations 2007, which prevent businesses
and other organisations from discriminating against their
customers.
Civil partnership
Civil partnership is a legal relationship,
exclusively for same-sex couples and distinct from marriage, but
giving them very similar rights and responsibilities.
Civil partnership supports stable
relationships by providing a legal framework within which same-sex
couples may organise their joint lives, acknowledge their mutual
responsibilities and manage their financial arrangements.
By introducing civil partnership we removed a
lot of the practical barriers gay and lesbian couples faced in
their everyday lives – for instance not getting survivor pension
rights if they died.
Civil partnership was made legal by the Civil
Partnership Act 2004. Under ‘Related Links’ (to the right) you can
download a number of key documents associated with the Act.
Some same sex overseas relationships will
automatically be considered as civil partnerships in the UK. There
is a list of them at: Schedule 20.
Not all of these countries recognise British
civil partnerships in return, but we are working to increase the
number which do.
In 2005 we published a booklet about civil
partnership, including information about how to register a
civil partnership and how to end one. We are currently looking into
reprinting this as some of the website addresses and contact
information in the current one are out of date. However, the other
information in it is still correct.
You can find more information about how to
register a civil partnership at the website of the
General Register Office or at your local register office.
Discrimination against customers
It is illegal to discriminate on the grounds
of sexual orientation when providing goods, facilities or services,
in education, when selling or letting premises or when exercising
public functions. For instance, if a hotel does wedding receptions,
it must also do civil partnership receptions.
This kind of discrimination is made illegal by
the Equality Act (Sexual Orientation) Regulations 2007. For more
information about how the Regulations work in practice, please see
the Guidance
Document.
On the right there are links where you can
download a number of key documents associated with the Regulations,
including the consultation and
response, the text of the
Regulations themselves and an
explanatory memorandum.
The Equality and Human Rights Commission can
sometimes help people to pursue claims under the Equality Act
(Sexual Orientation) Regulations 2007. See their website for more
information.
Workplace discrimination
It is illegal for employers to discriminate
against their employees on the grounds of sexual orientation. For
instance, you can’t refuse someone a job because they are gay (or
because they are straight), or treat them less well than you would
treat an employee of a different sexual orientation. There are
exceptions for jobs where it is necessary to be of a particular
sexual orientation.
The laws making workplace discrimination
illegal are the Employment Equality (Sexual Orientation)
Regulations 2003. The Department for Business, Enterprise and
Regulatory Reform lead on these regulations.
If you feel you are being discriminated
against at work because of your sexual orientation, you can contact
the Equality and Human Rights Commission for further information
and perhaps help in pursuing your claim. Full contact details are
on their website.
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