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FACTSHEET
Lesbian, Gay, Bisexual and
Transgender Equality
From equalising the age of consent to ending discrimination on the grounds of sexual
orientation when adopting, introducing gender reassignment protection and civil
partnerships and repealing Section 28, the Government is proud to be taking this
country forward to a fair and equal society for Lesbian, Gay, Bisexual and Transgender
people (LGB and T).
We’re breaking through the barriers of discrimination, prejudice, homophobia and transphobia.
We’ve legislated to provide survivor benefits and pension rights for same-sex couples, lifted the
ban on lesbians and gay men serving in the armed forces, and we are working hard to tackle
homophobia and transphobia in schools. The Government is building on this progress with our
tough new Equality Bill, which will provide further protection for LGB and T people.
These protections place us as a world leader for LGB and T equality, creating a fair society
with equal chances for everyone – for families, for our communities, at work and in everyday
life. But there is more still to do and the Government will continue to stay vigilant, fighting
homophobia and transphobia.
What the Government has done for LGB and T people
For families
New measures introduced include:
✓✓ The Adoption and Children Act 2002 made it possible for same sex couples to
adopt children.
✓✓ The Civil Partnership Act 2004 means almost 35,000 same sex couples have been
able to formally celebrate and register their relationship, gaining vital protection where
previously they had none – for instance in survivor benefits and pension rights.
✓✓ The Human Fertilisation and Embryology Act 2008 made it easier for lesbian couples to
access IVF and ensured that same sex couples can both be recognised as the legal
parents of their children in the same way as heterosexual people.
✓✓ The UK worked with the French Government to ensure that couples in a UK civil
partnership will receive the same legal recognition in France as couples in a
French Pacte Civil de Solidaritè. This means that couples living in France will no longer
be required to have their UK civil partnership dissolved in order to receive equal rights
in France.
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FACTSHEET
For our communities
LGB and T people have the right to feel and be safe in our communities. Homophobia and
transphobia must not be allowed to destroy lives. That is why:
✓✓ In 1998, we repealed Section 28 of the Local Government Act 1988, allowing teachers
to deal more effectively with homophobic bullying in schools and local authorities to
provide services targeted at LGB communities.
✓✓ Section 146 of the Criminal Justice Act 2003 came into effect in April 2005, meaning
courts in England and Wales can impose tougher sentences for offences motivated or
aggravated by the victim’s sexual orientation.
✓✓ In 2007 we published guidance on addressing homophobic bullying in schools,
marking a big step forward to eradicating homophobic bullying. This guidance provided
teachers and governors with the information they need to stamp this out.
✓✓ In 2009 the Government issued new guidance on addressing sexist, sexual and
transphobic bullying in schools, to help tackle transphobic bullying.
✓✓ The 2009 Cross-Government Action Plan set out how the Government is going to meet
the challenges of hate crime, including homophobic and transphobic hate crime.
This was the first time that all Government action to tackle hate crime has been brought
together in one place. The Plan aims to increase victims’ confidence in the justice system
and to encourage more people to report these crimes.
✓✓ In 2010, as part of its anti-bullying work, the Government supported Stonewall’s
production of an interactive film for schools to use to help challenge
homophobic bullying.
✓✓ An offence of stirring up hatred on the grounds of sexual orientation was
introduced in the Criminal Justice and Immigration Act 2008. This offence will come into
force in spring 2010 and will help to tackle homophobic extremism.
✓✓ In 2010, the Government made it a priority to increase diversity in political and public
life. The Speaker’s Conference, a cross party group of MPs, has been looking at the underrepresentation of certain groups in Parliament. In response to this, the Government is
commissioning research to look at the barriers LGB and T people face when they seek
public office or to participate in civic society, for example by becoming a school governor
or magistrate.
At work
A workplace free from homophobia or transphobia is more productive for the employer and
safer and fairer for employees. That’s why we’ve developed protection for LGB and T people
at work, including:
✓✓ In 1999 we made it unlawful for employers to discriminate against transsexual
employees.
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FACTSHEET
✓✓ In 2000, we lifted the ban on lesbians and gay men serving in the armed forces.
✓✓ The Employment Equality (Sexual Orientation) Regulations 2003 meant that people could
no longer be denied a job or training or discriminated or harassed at work
because of their sexual orientation.
✓✓ During LGBT History Month 2010, the Government Equalities Office celebrated the
contribution that workplaces have played towards LGB and T equality. The
Government is building on this by conducting research into the barriers faced by employers
to becoming LGB and T friendly workplaces.
And in everyday life
✓✓ In 2004, we introduced the Gender Recognition Act which meant that people could have
their true gender identity legally recognised.
✓✓ The Equality Act (Sexual Orientation) Regulations 2007 means that businesses and
other organisations are not allowed to discriminate against gay, lesbian or
bisexual people. This means, for example, it is illegal to refuse to serve someone in
a pub because they are gay. In 2008, the Government extended similar protection to
transsexual people.
✓✓ We will continue supporting LGBT History Month. In 2009 the Prime Minister hosted
the first LGB and T reception at Downing Street and will be hosting the second event in
February 2010.
✓✓ Same sex relationships are still illegal in over 70 countries, and in several they are punishable
by death. In 2008 the UK signed a UN Declaration demanding an end to legal punishment
for being gay, lesbian or bisexual. The UK will continue to work for LGB and T rights
across the world, challenging homophobia and transphobia wherever it occurs.
The Equality Bill
These changes have made a huge impact on the lives of lesbian, gay, bisexual and transgender
people, and on our society. But there is still more to do.
The Equality Bill will strengthen and streamline existing equalities legislation and support our
wider work to promote equality:
✓✓ The Bill places an Equality Duty on public bodies, which will mean they need to think
about the needs of LGB and T customers and employees before designing their services for
the community. This could mean:
• a health centre running a promotional campaign to encourage more lesbians to attend
clinics for cervical smear tests;
• a local authority-run housing association mediating to resolve a neighbour dispute in
which a couple are being subjected to homophobic abuse;
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FACTSHEET
• a school working with parents and governors to improve their anti-bullying programme,
aimed at tackling homophobia and transphobia;
• a police force taking action by holding meetings with their local LGB and T communities
to help address hate crime in their neighbourhood;
• a public transport provider holding staff training sessions to ensure their drivers
understand what they can do to help transgender people travel safely.
✓✓ The Bill removes the insurance exception which allowed insurers to treat people
differently on grounds of sexual orientation in some circumstances.
✓✓ The Bill also removes the ‘medical supervision’ requirement in the definition of
gender reassignment.
✓✓ The Bill changes the definition of direct discrimination so those who are
discriminated against because they are perceived to be LGB or T will be protected from
discrimination. People who are discriminated against because of their association with LGB
and T people will also be protected.
✓✓ The Bill bans indirect discrimination because of gender reassignment. This will
make a policy or practice unlawful if it has an unfair impact on transsexual people. For
example, a college which has a policy not to amend an educational certificate if a person
changes their name and gender.
✓✓ The Bill also makes it unlawful to discriminate because of gender reassignment
when exercising a public function. This means, for example, that it will be unlawful for
the police to discriminate against transsexual people when investigating a crime.
✓✓ The Government amended the Bill to provide new protection from discrimination
for transsexual pupils in schools.
✓✓ The Bill outlaws dual discrimination, allowing people to bring a claim if they have been
unlawfully discriminated against because of a combination of two protected characteristics
– for example their sexual orientation and sex, or their sexual orientation and disability.
This means that lesbians or gay disabled people will have the protection they need against
discrimination.
More information
For more information on the work of the Government Equalities Office visit:
www.equalities.gov.uk
Alternatively, contact our general enquiries line on 030 3444 0000
or email: [email protected]
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