This is a brief guide to the law in England and Wales.
Single Equality Bill (currently going through Parliament)
Based on Discrimination Law Review, this Bill attempts to replace all equality laws by a single duty. The Bill is controversial with some serious omissions.
The Coroners & Justice Bill clause 61 purported to remove religious defence from Act below but was amended by the House of Lords (Bishops) so that a defence of ‘Freedom of Speech’ is
The Criminal Justice and Immigration Act [2008]
This bill offers legal protection against incitement to hatred on grounds of sexual orientation. It covers serious acts of hatred directed towards lesbian and gay people including homophobic song lyrics, (available to buy in Britain, which encourage the torture and murder of gay people) and violently homophobic publications and websites, available to the general public. Has a religious defence after amendment by House of Lords
The Equality Act: Goods & Services (Sexual Orientation Regulations) [2007]
The Act makes discrimination against someone for their real or perceived sexual orientation illegal in the provision of goods, services and facilities. It very clearly defines discrimination and includes direct discrimination and indirect discrimination in its policy. Section 13 of the Sexual Orientation Regulations says that all students have an equal right to education, regardless of their real or perceived sexual orientation.
The Gender Equality Duty [2007]
Under the Gender Equality Duty or GED, all public authorities must demonstrate that they are promoting equality for women and men including Trans people. They must also show that they are working to eliminate sexual discrimination and harassment. You are protected under this law if you are experiencing sexual harassment or discrimination on the basis of your gender. The duty also notes that homophobia in a school setting restricts the implementation of this Duty.
Domestic Violence, Crime and Victims Act 2004
Following recent changes to the Family Law Act (as a result of the implementation of the Domestic Violence, Crime and Victims Act 2004) those who are experiencing violence or abuse from partners or former partners of the same sex as themselves are entitled to the same rights as people who are being abused within heterosexual relationships. You are also entitled to protection from other ‘related persons’, which includes family member
The Gender Recognition Act [2004]
The Gender Recognition Act provides Trans people with legal recognition for their acquired gender. In order to have your acquired gender legally recognized, you must go through a number of long steps and requirements and must be 18 to apply. This law only covers those who have obtained a certificate but can be helpful if you are thinking about gender reassignment or if you are a Trans parent/carer experiencing discrimination. Section 22 basically makes it illegal for public bodies to expose previous gender identities.
The Civil Partnership Act [2004]
This law allows lesbian and gay couples to effectively get married. It grants all the legal protections that marriage provides to straight couples. This includes next of kin status, automatic rights to inheritance and certain tax benefits. However, if one of you is on benefits they will lose their entitlement unless it is a ‘protected benefit’.
The Employment Equality (Sexual Orientation) Regulations 2003
This act makes it illegal to discriminate in employment because you are gay or lesbian. This relates to everything to do with employment including; promotion, pay etc
Criminal Justice Act 2003 section 146
This act contains a section (146) which allows judges to impose heavier sentences if it can be proved that the defendant who committed a crime did so because of hatred because of sexuality, race etc. However, there is a greater burden of evidence than is required for an arrest and the section does not relate to Trans people unless they are victims of hate crime because they are also lesbian or gay.
Sexual Offences Act 2003
This Act repeals the offence of gross indecency – only ever used against gay people. However, it specifically prohibits acts of a sexual nature in public toilets.
The Human Rights Act [1998]
The Human Rights Act outlines the rights of all people in the UK. In regards to homophobic, transphobic and sexist bullying, these rights include the right to respect for private and family life (Article 8), freedom from discrimination, (Article 14) and the right to education (The First Protocol, Article 2). The Human Rights Act is another policy that requires your school to respect and value all of its students.
The Sex Discrimination Act [1975]
Enacted in 1975, the Sex Discrimination Act makes sex discrimination unlawful in education and the provision of goods, facilities and services. This law is useful if you are being discriminated against because of your gender.
