UK Update: LGBT+ History Month takes place in the UK in February each year.

The first LGBT+ History Month in the UK was held in 2005 following the abolition of Section 28 (the ban on the “promotion of homosexuality” in schools). It is a time to reflect on the past and celebrate the progress that has been made in the LGBTQ+ community.

When we think of history, we tend to think of years and decades gone by. Nevertheless, history continues to be made every single day. We believe that this month provides the perfect opportunity to highlight some of the major legal milestones that have been made in the LGBTQ+ community in the last year alone.

Pardons for abolished same-sex crimes

The UK Government announced in January this year that anyone previously convicted or cautioned for homosexual activity in England and Wales under laws that have since been abolished will soon receive an automatic pardon. They will also be able to apply to have any such conviction “disregarded” i.e. wiped from their record entirely. The disregard scheme in England and Wales has existed since 2012 however this is currently limited to nine former offences. The planned extension of the pardon and disregard scheme will broaden its application to any repealed or abolished civilian or military offence imposed purely due to consensual same-sex sexual activity.

Scotland passed a similar scheme in 2018 which has been enshrined in legislation since 2019. The Isle of Man have confirmed that they will introduce automatic pardons later this year.

Bans on conversion therapy

In recent months, several countries have made moves towards criminalising the use of so-called “conversion therapy”; a coercive practice that seeks to change the sexual orientation or gender identity of LGBTQ+ people. Conversion therapy can take many forms ranging from prayer and talk therapy to exorcisms and physical violence. Many professional bodies have warned that these practices are ineffective and potentially harmful to the LGBTQ+ community.

Canadian MPs voted unanimously to ban conversion therapy in December 2021 and France passed a new law criminalising such practices in January this year. It looks like the UK will shortly follow suit as the Government plans to introduce a draft bill banning these practices in England and Wales in spring this year whilst Scotland has committed to introducing similar legislation by the end of 2023.

Gender identity

The past year has seen various positive changes in the law regarding transgender and non-binary people. The US changed their rules regarding gender identities on passports. The country issued its first gender neutral passport in October 2021 joining a growing list of countries already offering gender neutral passports including Canada, Germany, India and the Netherlands. US passport holders are also now able to self-select their gender without providing medical evidence; previously, people had to produce a medical certificate confirming their gender identity before this would be amended on their passport.

There are calls for the UK to enact legislation which recognises the fluidity of gender identity, with a petition to reform the Gender Recognition Act gaining over 137,000 signatures. The petition urges the Government to legally recognise non-binary identities and allow transgender people to self-identify without the need to provide medical evidence. The UK Government have introduced administrative changes to improve the existing process of obtaining a Gender Recognition Certificate. However, they believe that the current legislation strikes the correct balance between supporting people changing their legal sex and having sufficient “checks and balances in the system”. This response has been criticised by many for not going far enough.

Scotland appear to be more willing to embrace change in this area. A draft bill was introduced at the end of 2019 which aims to remove the medical requirements when seeking legal gender recognition and also introduce a simplified application process. However, proposed changes have been delayed due to the Covid-19 pandemic. More recently, the Equality and Human Rights Commission have written to the Scottish Government requesting that “more detailed consideration” be given to the reforms. There has been significant public backlash in response to the EHRC’s intervention with the Scottish Government confirming that they will take all views into account ahead of the introduction of the bill.

Blood donation

In the 1980s, as a result of the HIV/AIDS crisis, the UK Government introduced a blanket ban preventing gay and bisexual men from donating blood. As a result of LGBTQ+ activism, the ban was limited in 2011 to gay and bisexual men who had been sexually active in the last 12 months; this was later reduced to three months in 2017. More recently, the NHS led a steering group involving various organisations including Public Health England and the National AIDS Trust. Their recommendations were put forward to the UK Government which resulted in a significant relaxation of the rules in 2021. Consequentially, many gay and bisexual men have now been able to donate blood for the first time.

Extension of same-sex marriage

Both Chile and Switzerland introduced legislation allowing same-sex marriage in 2021. As a result, same-sex marriage is now legally recognised in 31 countries across the globe. However, same-sex marriage is still not permitted in over 80% of countries and so there is still a great deal of progress to be made.

The importance of LGBT+ History Month

LGBT+ History Month provides an opportunity to consider what the future holds for the LGBTQ+ community. While there has undoubtedly been progress made in the last year, there is still a long way to go and it is important not to lose sight of this. We must continue to learn from the past and maintain momentum to encourage positive change going forward.

By Erin Mundie, Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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