LGBT rights in British Columbia
LGBTQ rights in British Columbia | |
|---|---|
 | |
| Status | Legal since 1969; unequal age of consent for anal sex (regardless of gender) |
| Gender identity | Yes |
| Discrimination protections | Sexual Orientation and gender identity |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2003 |
| Adoption | Yes |
Lesbian, gay, bisexual, and transgender (LGBT) persons in British Columbia have most of the same rights and responsibilities as heterosexuals.
Laws Regarding Sexual Activity
All sodomy laws in Canada were repealed in 1969. The age of consent for consensual sodomy is 18 and the age of consent for other sexual acts is 16.
Recognition of Same-Sex Marriage
Same-sex marriage in British Columbia has been legal since July 8, 2003, two months after the British Columbia Court of Appeal ruled in a 3-0 decision that same-sex couples were entitled to marriage licenses under the Canadian Charter of Rights and Freedoms.
Adoption
Same-sex couples can jointly adopt in British Columbia.[1]
Discrimination Protection
Discrimination on the basis of sexual orientation is prohibited by the Human Rights Code[2]. While gender identity is not explicitly mentioned in the Human Rights Code, it is interpreted as being covered under sex.[3]
Hate Speech Laws
The Human Rights Code prohibits "any statement, publication, notice, sign, symbol, emblem or other representation" that could cause a person to be exposed to hatred or contempt because of sexual orientation or gender identity (called "sex" in the code).[2]
Gender Reassignment
British Columbia allows people to change their gender designation without any surgery, becoming the first province to remove the requirement. [4] The Medical Services Plan covers sex-reassignment surgery. [5]
Summary Table
| Right | Yes/No | Note |
|---|---|---|
| Same-sex sexual activity legal | 
|
Since 1969 |
| Equal age of consent | 
|
Unequal age of consent for anal sex (regardless of gender) |
| Anti-discrimination laws in employment |
|
|
| Anti-discrimination laws in the provision of goods and services |
|
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
|
| Same-sex marriages |
|
Since 2003 |
| Step-child adoption by same-sex couples |
|
|
| Joint adoption by same-sex couples |
|
|
| Right to change legal gender |
|
|
| Access to IVF for lesbians |
|
|
| Commercial surrogacy for gay male couples |
|
Since 2013 |
| MSM allowed to donate blood |
|
But after a 5-year deferral |
References
- ^ "Adoption Act". Government of British Columbia. 1973. Retrieved 21 November 2014.
- ^ a b "Human Rights Code". Government of British Columbia. 1973. Retrieved 21 November 2014.
- ^ "Personal Characteristics Protected Under The Human Rights Code" (PDF). B.C. Human Rights Tribunal. 15 July 2014. Retrieved 21 November 2014.
- ^ "Change Your Name, Address or Gender". Government of British Columbia. Retrieved 21 November 2014.
- ^ "Sex Reassignment Services in British Columbia: new Standards of Care" (PDF). British Columbia Ministry of Health. Retrieved 21 November 2014.