LGBT rights in the Isle of Man
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Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the
Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...
have evolved substantially since the early 2000s. Private and consensual acts of male
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to pe ...
on the island were decriminalised in 1992.
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
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 Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
recognition (2009), the right to enter into a
civil partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
(2011), the right to adopt children (2011) and the right to enter into a civil
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
(2016). While not part of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, the Isle of Man has also followed the UK's example in incorporating the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
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" within the world.


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)''. 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 Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
. Section 9 of the ''Sexual Offences Act 1992'' continues to apply the criminal law to some "unnatural offenses" between men. Sub-sections (1) and (4) make " buggery" and " gross indecency" between men offences if one or both of the parties is under sixteen and also if the acts are committed "elsewhere than in private." The meaning of this is defined in Section 10: not in private means 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."Paul Johnson
Homosexual Offenses and Human Rights in Isle of Man
jurist.org, accessed 14 January 2013


Pardon scheme law

In July 2021, the ''Sexual Offences and Obscene Publications Act 2021'' passed into law with
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
. The legislation went into legal effect formally a year later since July 1, 2022 by
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
. 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. 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 within in the Legislative Council upper house chamber. But it did pass the House of Keys lower house chamber.


Unqualified apology

The Isle of Man's Chief Minister
Howard Quayle Robert Howard Quayle is the former chief minister for the Isle of Man, between 4 October 2016. and 12 October 2021. He previously served as the minister for Health and Social Care, until the elections in September 2016. Early career 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. 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.


Recognition of same-sex relationships

Same-sex unions can be recognised through
civil partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s or
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. 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. A
civil partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
bill passed all stages of both the
House of Keys The House of Keys () is the directly elected lower house of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council. History The oldest known reference to the name is in a document of 1417, written in L ...
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. 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 Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
is legalised.


Same-sex marriage

On 9 June 2015, Chief Minister
Allan Bell Allan Robert Bell (born 20 June 1947) is a Manx politician who was the Chief Minister of the Isle of Man, having been elected to that position on 11 October 2011. He was an Independent Member of the House of Keys for Ramsey from 1984 to Sept ...
announced his intention to repeal the law barring
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
on the island. Following public consultation on the issue, a bill to legalise same-sex marriage in the Isle was introduced to
House of Keys The House of Keys () is the directly elected lower house of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council. History The oldest known reference to the name is in a document of 1417, written in L ...
on 2 February 2016. A public consultation and government response was concluded by 22 January 2016, and the bill passed its third reading in the House on 8 March by a vote of 17–3. 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. The House of Keys unanimously approved the amendments to the bill on 10 May, and
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
was granted on 19 July 2016. The law went into effect on 22 July 2016. 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. The first same-sex marriage to be performed on the island occurred on 30 July, between Luke Carine and Zak Tomlinson.


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.


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. At the time, LGBT reports from the Isle of Man stated that the island's Government was "falling behind". 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. A draft bill, based on the British ''Equality Act 2010'', would replace all existing anti-discrimination laws into one piece of legislation. Consultation on the bill ended in November 2014. In August 2015, the Government published its response to the consultation. The measure had its first reading in the 11-member Legislative Council on 8 March 2016. The bill passed its second reading by a vote of 6-3 on 22 March. 12 amendments to the bill were proposed within the clauses stage and all passed. The bill passed its third reading by a vote of 5-4 on 14 June 2016. The legislation was approved by the
House of Keys The House of Keys () is the directly elected lower house of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council. History The oldest known reference to the name is in a document of 1417, written in L ...
on 7 March 2017, with amendments. On 28 March, the Legislative Council concurred with the amendments. Royal assent was granted on 18 July 2017. The ''Equality Act 2017'' was phased in, with much of the law having come into force on 1 January 2019. The ''Equality Act 2017'' ( gv, Slattys Cormid 2017) 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. 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".


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".


Gender identity and expression

Transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
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)''.


Blood donation policy

In August 2022, it was reported by the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
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.


Summary table


See also

*
Politics of the Isle of Man The government of the Isle of Man is a parliamentary representative democracy. The Monarch of the United Kingdom is also the head of state of the Isle of Man, and generally referred to as "The King, Lord of Mann". Legislation of the Isle of Man ...
* Human rights in the Isle of Man *
Same-sex marriage in the Isle of Man Same-sex marriage in the Isle of Man has been legal since 22 July 2016. Legislation to open marriage to same-sex couples passed the House of Keys on 8 March 2016 and the Legislative Council on 26 April. It received royal assent on 13 July and ...
*
LGBT rights in the United Kingdom The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have varied over time. Prior to the formal introduction of Christianity in Britain in 597 AD, when Augustine of Ca ...
*
LGBT rights in Europe Lesbian, gay, bisexual, and transgender ( LGBT) rights are widely diverse in Europe per country. Nineteen out of the 33 countries that have legalised same-sex marriage worldwide are situated in Europe. A further eleven European countries have ...


References

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