Sexuality
Recent Developments in Equality and Diversity Legislation
The legislation concerning sexuality covers discrimination in two areas: sexual orientation and transsexualism (also known as trans-gender or intersex).
Sexual Orientation
The term sexual orientation refers to an individual's orientation towards persons of the same sex, persons of the opposite sex, or persons of the same sex or opposite sex. The term does not just refer to lesbian, gay or bisexual people; heterosexual people are also included.
Sexual Orientation Guidance - ECU, Dec 2004
In 1967, when gay male sexuality was legalized in the UK, the “age of consent” for gay men was set at 21 years (gay women were not subject to legislation). In 1994 it was proposed that the age of consent should be equalised with that for heterosexual people and reduced to 16 years. After three unsuccessful attempts, a universal age of consent was achieved in 2001.
The Employment Equality (Sexual Orientation) Regulations (Dec 2003) provided protection against discrimination for all staff and students on grounds of their sexual orientation. The aim is to ensure privacy, respect and equality for all in employment. The regulations do not refer to sexual preference, they only refer to the sexual orientations listed above, hence the law does not apply to sado-masochism or pedophilia, for example.
The Regulations require institutions to employ/recruit staff and students on the same terms as heterosexual people and prompt institutions to consider the ways in which their structures or policies may, inadvertently or consciously, discriminate against members of staff or students on the grounds of their occupational requirement for people of a particular sexual orientation, but such cases are rare.
The Employment Rights Act 2002 and other legislation provided for lesbians and gay men and bisexual people to have the same parental leave entitlements as heterosexual people (i.e. where the person has assumed parental responsibility for a child by partnership with the biological parent or fostering/adopting).
The Civil Partnership Act came into effect in December 2005, enabling two non-related, unmarried adults of the same sex to register a civil partnership. A civil partnership it is only available to same sex couples and is not the same as marriage, though many of the rights conferred through civil partnership are the same as those conferred by marriage. To enter into a civil partnership, couples will need to register their intentions. If there is a breakdown of the relationship there will be a court-based dissolution process, which is similar to divorce.
Employees who are civil partners are entitled to the same employment and pension benefits that are provided to married employees, for example, flexible working, statutory paternity pay, paternity and adoption leave or time off before or after marriage/registration. The Gender-EqualityBill.pdf 2006 permitted regulations to be drawn up prohibiting discrimination on grounds of sexual orientation on the provision of goods, facilities and services.
