LGBTQ rights in the Isle of Man
LGBTQ rights in the Isle of Man | |
|---|---|
 Location of the Isle of Man (red) in the British Isles (red & grey) | |
| Status | Legal since 1992, age of consent equal since 2006 |
| Gender identity | Right to change legal gender since 2009 |
| Military | UK responsible for defence |
| Discrimination protections | Sexual orientation and "gender reassignment" protections (see below) |
| Family rights | |
| Recognition of relationships | Civil partnerships since 2011; Same-sex marriage since 2016 |
| Adoption | Full adoption rights since 2011 |
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Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
While not part of the United Kingdom, the Isle of Man has also followed the UK's example in incorporating the European Convention on Human Rights into its own laws through the Human Rights Act 2001. In January 2023, it was reported that the Isle of Man "is the most LGBTQ legislative policy friendly place" in the world.[1]
Law regarding same-sex sexual activity
Prior to September 1992, same-sex sexual activity was a criminal offence. After decriminalisation, 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).[2] 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.[3][4][5]
Until 2021, Section 9 of the Sexual Offences Act 1992 continued to apply the criminal law to some "unnatural offenses" between men. Sub-sections (1) and (4) made "buggery" and "gross indecency" between men offences if one or both of the parties is under sixteen and also if the acts were committed "elsewhere than in private." The meaning of this was defined in Section 10: not in private meant 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."[6][7] In 2021, the "more than two persons are present" specification was deleted, and the language prohibiting "indecent exposure" and "sexual activity in a public place" was made gender-neutral.[8]
Pardon scheme law
In July 2021, the Sexual Offences and Obscene Publications Act 2021 passed into law with royal assent. The legislation went into legal effect formally a year later since July 1, 2022 by proclamation.[9][10][11][12][13] This law will pardon historical gay sex offences committed prior to 1992 and is explicitly based on the UK's Alan Turing law of 2017.[14][15] However it is unclear if any information as to the Isle of Man, that "a ban on sexual orientation and gender identity conversion therapy" was passed into law - as an amendment added to the very extensive sexual offences bill in the Legislative Council upper house chamber. But it did pass the House of Keys lower house chamber.[16]
Unqualified apology
The Isle of Man's Chief Minister Howard Quayle has issued an "unqualified apology" to gay men convicted of same-sex offences under previous Manx laws. He made the comments as a bill, which will see men convicted of consensual homosexual offences pardoned, had its final reading in the House of Keys. Mr Quayle said he could not erase "past injustice" but hoped new legislation would "start to heal some of the pain". Gay rights campaigner Alan Shea said it was a "great day for the Isle of Man". "The families that have lost children have just received an apology. Maybe now we can all heal, but parents will never forget their children," he said. Homosexual acts were decriminalised on the Isle of Man in 1992, 25 years later than in England and Wales, and 12 years after Scotland.[17] In August 2022, on the 30th anniversary of homosexuality being decriminalised the police commissioner on the Isle of Man - also formally apologised for enforcement of the anti-gay laws up until 1992.[18]
Recognition of same-sex relationships
Same-sex unions can be recognised through civil partnerships or marriage. The Isle of Man Parliament legalised civil partnerships in April 2011 and same-sex marriages in July 2016.
Civil partnerships
Since 2011, same-sex couples have been provided with civil partnerships.[19] A civil partnership bill passed all stages of both the House of Keys and the Legislative Council and was signed into law on 15 March 2011. The Civil Partnership Act 2011 (c. 2) took effect on 6 April 2011.[20][21][22][23] It was decided in 2014 that same-sex marriages from England, Wales and Scotland as well as other relationships performed abroad would be treated as civil partnerships on the island, until same-sex marriage is legalised.[24]
Same-sex marriage
On 9 June 2015, Chief Minister Allan Bell announced his intention to repeal the law barring same-sex marriage on the island.[25] Following public consultation on the issue, a bill to legalise same-sex marriage in the Isle was introduced to House of Keys on 2 February 2016.[26] A public consultation and government response was concluded by 22 January 2016,[27] and the bill passed its third reading in the House on 8 March by a vote of 17–3.[28][29] Following a number of technical amendments at the clauses stage, the bill passed its third reading in the Legislative Council on 26 April 2016 by a vote of 6–3.[30][31] The House of Keys unanimously approved the amendments to the bill on 10 May,[32] and royal assent was granted on 19 July 2016.[33] The law went into effect on 22 July 2016.[34][35] Lee Clarke-Vorster has been noted in Hansard as main campaigner for the same-sex marriage bill.
The first same-sex marriage to be registered on the Isle of Man was that of Marc and Alan Steffan-Cowell, who converted their civil partnership into a marriage on 25 July 2016.[36] The first same-sex marriage to be performed on the island occurred on 30 July, between Luke Carine and Zak Tomlinson.[37]
Since November 2023, certain churches have applied for marriage licences so they can legally perform same-sex marriage on the Isle of Man.[38]
Adoption and family planning
By the Civil Partnership Act 2011 (c. 2), same-sex couples in the Isle of Man have been granted equal access to full joint or stepchild adoption since 6 April 2011.
Additionally, lesbian couples have access to artificial insemination. In August 2023, "community consultation" commenced to legally recognise same-sex couples as parents - just like the UK implemented since 2008. Currently on the Isle of Man same-sex couples are not recognised as parents on birth certificates from IVF and surrogacy, despite IVF access being available. No laws on the Isle of Man acknowledge surrogacy.[39][40]
Discrimination protections
Under the Employment Act 2006 (c. 21), which took 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.[41][42] At the time, LGBT reports from the Isle of Man stated that the island's Government was "falling behind".[43]
In 2013, after a highly publicised case on the island involving a lesbian couple who were not allowed to rent a house by a church leader, Chief Minister Alan Bell announced that legislation to outlaw all forms of discrimination in goods and services would be introduced.[44] A draft bill, based on the British Equality Act 2010, would replace all existing anti-discrimination laws into one piece of legislation.[45] Consultation on the bill ended in November 2014.[46] In August 2015, the Government published its response to the consultation.[47] The measure had its first reading in the 11-member Legislative Council on 8 March 2016.[48] The bill passed its second reading by a vote of 6-3 on 22 March.[49] 12 amendments to the bill were proposed within the clauses stage and all passed.[50][51][52] The bill passed its third reading by a vote of 5-4 on 14 June 2016.[53] The legislation was approved by the House of Keys on 7 March 2017, with amendments.[54] On 28 March, the Legislative Council concurred with the amendments.[55] Royal assent was granted on 18 July 2017.[56] The Equality Act 2017 was phased in, with much of the law having come into force on 1 January 2019.[57][58]
The Equality Act 2017 (Template:Lang-gv) lists age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation as protected characteristics and grounds of non-discrimination.[58] Sexual orientation is defined as "a person's inherent romantic or sexual attraction towards persons of the same sex, persons of the opposite sex, or persons of either sex". In addition, "not being romantically or sexually attracted to persons of either sex is also a sexual orientation".[58]
Hate crime legislation
In July 2022, community consultation progressed that would soon introduce a hate crime bill within the Isle of Man - that explicitly includes "sexual orientation, marital or civil partnership status and gender reassignment".[59]
Gender identity and expression
Transgender persons are allowed to change their legal gender and to have their new gender recognised as a result of the Gender Recognition Act 2009 (c.11).[60][61]
Blood donation policy
In August 2022, it was reported by the BBC that the Isle of Man government would formally reform the blood donation policy by introducing a bill, that would legally allow monogamous gay and bi men to donate blood - to be inline with the UK by early 2023. A review of blood donation policies was conducted back in 2014 on the Isle of Man, however no action was taken.[62][63] Since 1 June, 2023 monogamous gay and bi men can donate blood - non-monogamous individuals who have anal sex regardless of sexuality are banned from donating blood for periods of three months after their last sexual contact.[64]
Summary table
| Same-sex sexual activity legal |  (Since 1992)
|
| Equal age of consent (16) | (Since 2006)
|
| Gay sex criminal offences expungement or pardon scheme | (Since 2022)[12][15]
|
| Anti-discrimination laws in employment | (Since 2006)
|
| Anti-discrimination laws in the provision of goods and services | (Since 2019)[58]
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2019)
|
| Anti-discrimination laws concerning gender identity | (Since 2019 - Equality Act 2017 refers to "gender reassignment" and "transgender person")[58]
|
| Recognition of same-sex couples | (Since 2011)
|
| Same-sex marriages | (Since 2016)
|
| Stepchild adoption by same-sex couples | (Since 2011)
|
| Joint adoption by same-sex couples | (Since 2011)
|
| LGBT people allowed to serve openly in the military | (Since 2000)
|
| Right to change legal gender | (Since 2009)
|
| Access to IVF for lesbian couples | (Since 2009)
|
| Commercial surrogacy for gay male couples |  (Banned for heterosexual couples as well)
|
| MSMs allowed to donate blood | (Since 2023)[64][65]
|
See also
- Politics of the Isle of Man
- Human rights in the Isle of Man
- Same-sex marriage in the Isle of Man
- LGBT rights in the United Kingdom
- LGBT rights in Europe
References
- ^ "Isle of Man deemed to be the most LGBTQ+ friendly place in the world". Isle of Man. 30 December 2022.
- ^ "CRIMINAL JUSTICE ACT 2001" (PDF).
- ^ "SEXUAL OFFENCES (AMENDMENT) ACT 2006" (PDF).
- ^ "GAY SEX AGE LOWERED TO 16". Archived from the original on 6 June 2014. Retrieved 5 June 2014.
- ^ "Gay sex at 16 legal, Man". 14 August 2006.
- ^ "SEXUAL OFFENCES ACT 1992" (PDF).
- ^ Paul Johnson, Homosexual Offenses and Human Rights in Isle of Man, jurist.org, accessed 14 January 2013
- ^ "Current Legislation".
- ^ "Isle of Man finally pardons queer men cruelly convicted under anti-gay sex laws". 30 June 2022.
- ^ "Isle of Man: Convicted gay men to be pardoned in June". BBC News. 10 February 2022.
- ^ "Isle of Man to pardon men convicted for homosexual acts". TheGuardian.com. 11 February 2022.
- ^ a b "Isle of Man Legislation - Bills by Year". www.legislation.gov.im.
- ^ "Public views sought on new Sexual Offences Bill". Isle of Man Government. 10 December 2018.
- ^ "'A pardon is the logical end-line for gay rights debate'". Manx Radio. 10 January 2019.
- ^ a b "Gay convictions can be cleared under new bill". Manx Radio. 23 October 2019.
- ^ "'Conversion therapy' to be banned | iomtoday.co.im". 10 January 2020.
- ^ "Chief Minister apologises for Manx anti-gay laws". BBC News. 28 January 2020.
- ^ "Gay rights campaigner welcomes Isle of Man police apology". TheGuardian.com. 9 August 2022.
- ^ "civil mem" (PDF). Archived from the original (PDF) on 7 June 2011. Retrieved 20 January 2011.
- ^ "Keys continues to support Civil Partnership Bill | Newsroom". Isleofman.com. 23 June 2010. Retrieved 20 January 2011.
- ^ "Civil Partnership Bill faces final hurdle - Isle of Man News". iomtoday. Archived from the original on 26 June 2010. Retrieved 20 January 2011.
- ^ "Civil partnership bill signed". BBC News. 15 March 2011.
- ^ "CIVIL PARTNERSHIP ACT 2011" (PDF).
- ^ "Same-sex marriages to be treated as civil partnerships in Isle of Man". IOM Today. 24 June 2014. Archived from the original on 10 March 2016.
- ^ "Chief Minister looks to legalise same-sex marriage". 3FM. 9 June 2015. Archived from the original on 9 July 2015. Retrieved 12 March 2016.
- ^ "Isle of Man to hold consultation on same-sex marriage proposals". ITV. 2 October 2015. Archived from the original on 3 December 2015. Retrieved 2 October 2015.
- ^ "Response to the consultation on the draft Marriage (Same Sex Couples) Bill" (PDF). Isle of Man Government Cabinet Office. 22 January 2016. Archived from the original (PDF) on 30 January 2016. Retrieved 12 March 2016.
- ^ "08 Mar 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 10 March 2016. Retrieved 12 March 2016.
- ^ Perraudin, Frances (9 March 2016). "Isle of Man equal marriage law more progressive than UK, says Peter Tatchell". The Guardian. Archived from the original on 10 March 2016. Retrieved 12 March 2016.
- ^ "Isle of Man same-sex marriage bill approved". BBC. 26 April 2016. Archived from the original on 28 April 2016. Retrieved 28 April 2016.
- ^ Duffy, Nick (26 April 2016). "Isle of Man finally passes same-sex marriage". PinkNews. Archived from the original on 27 April 2016. Retrieved 28 April 2016.
- ^ "10 May 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 12 May 2016. Retrieved 12 May 2016.
- ^ "From Friday same-sex couples will be able to get married in the Isle of Man". IOMToday. 19 July 2016. Archived from the original on 19 July 2016. Retrieved 19 July 2016.
- ^ "Same-sex marriage comes into force on Isle of Man - Premier Christian News | Headlines, Breaking News, Comment & Analysis". premierchristian.news.
- ^ "Same sex marriage legal from today". Manx Radio.
- ^ "First same-sex marriage conversion on Isle of Man 'huge milestone'". BBC News. 28 July 2016. Archived from the original on 29 July 2016.
- ^ "Three cheers for the gay marriage that ended the Isle of Man's dark history of bigotry". The Guardian. 31 July 2016.
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- ^ [2]
- ^ [3]
- ^ "EMPLOYMENT ACT 2006" (PDF).
- ^ "Gay employment rights are adopted". BBC News. 30 November 2005. Retrieved 20 January 2011.
- ^ "Isle of Man - LGBT". Gayinfo.org.im. Archived from the original on 21 July 2011. Retrieved 20 January 2011.
- ^ "Legislation to outlaw homophobic discrimination in Isle of Man to be". The Independent. 14 May 2013.
- ^ "New equality legislation pending in Isle of Man". International Law Office. 15 January 2015.
- ^ "Cabinet Office of the Isle of Man Government - Citizen Space". consult.gov.im.
- ^ "Response to the consultation on the draft Equality Bill" (PDF). Archived from the original (PDF) on 10 May 2017. Retrieved 3 March 2016.
- ^ "08 Mar 2016 Legislative Council Hansard" (PDF).
- ^ "22 Mar 2016 Legislative Council Hansard" (PDF).
- ^ "26 Apr 2016 Legislative Council Hansard" (PDF).
- ^ "03 May 2016 Legislative Council Hansard" (PDF).
- ^ "10 May 2016 Legislative Council Hansard" (PDF).
- ^ "14 Jun 2016 Legislative Council Hansard" (PDF).
- ^ "07 Mar 2017 House of Keys Hansard" (PDF).
- ^ "28 Mar 2017 Legislative Council Hansard" (PDF).
- ^ "18 Jul 2017 Tynwald Court Hansard" (PDF).
- ^ "Equality law is passed at last". www.iomtoday.co.im. 21 July 2017.
- ^ a b c d e "Equality Act 2017" (PDF).
- ^ "Hate crime law is in on the way | iomtoday.co.im". 12 July 2022.
- ^ "GENDER RECOGNITION ACT 2009" (PDF).
- ^ "Gender recognition bill to provide protection to Isle of Man trans residents". 30 April 2009.
- ^ "Isle of Man to update blood donation rules for gay men". BBC News. 16 August 2022.
- ^ "Manx actor Joe Locke calls for gay men blood donation U-turn". BBC News. 15 August 2022.
- ^ a b "Rule change to allow gay men to give blood". Manx Radio.
- ^ "MSM (Men who have Sex with Men) and donating blood" (PDF).