Today we look back at a history of Queer laws in the UK and how individuals’ personal struggles and legal battles have shaped different areas of legislation and policy.
Early Laws (1500-1800)
Law
Description
Buggery Act 1533
Same-sex sexual activity was characterised as “sinful” and, under the law was outlawed and punishable by death. The Act defined buggery as an unnatural sexual act against the will of God and Man
Section 15 of the Offences against the Person act 1828
Simplified the regulation – Buggery remains an offence punishable by death.
27 November 1835
James Pratt and John Smith were hanged outside Newgate Prison in London for having sexual relations.
Section 61 of Offences against the Person Behave 1868
This section abolished the nominal death penalty for buggery, and provided instead that a person convicted of this was liable to be kept in penal servitude for life or for any term not less than ten years.
LGBTQ+ and the Military
Criminal Justice and Universal Order Act 1994
The age at which homosexual acts were lawful was reduced from 21 years to 18. Parts allowed the dismissal of a seafarer from a merchant navy vess
Your privacy is important to us. We want to be sure you perceive how and why we use your data. View our Privacy Statement for more details. This also includes information on how we use cookies. Accept
Criminalisation:
Criminalises LGBT people
Criminalises sexual action between males
Criminalises sexual outing between females
Imposes the death penalty
Maximum punishment:
Death penalty
More info
Criminalisation:
Criminalises LGBT people
Criminalises sexual outing between males
Maximum punishment:
Life imprisonment
More info
Criminalisation:
Criminalises LGBT people
Criminalises sexual activity between males
Criminalises sexual activity between females
Criminalises the gender expression of transitioned people
Imposes the death penalty
Maximum punishment:
Death by stoning
More info
Criminalisation:
Criminalises LGBT people
Criminalises sexual task between males
Criminalises sexual task between females
Criminalises the gender expression of trans people
Maintains discriminatory age of consent
Maximum punishment:
Eight years imprisonment and 100 lashes
More info
Criminalisation:
Criminalises LGBT people
Criminalises sexual activity
Unlike children, gays and lesbians do not have a particular section in the Bill of Rights devoted to their rights. Rather, the relevant part of section 9 of the Constitution, entitled "Equality", states that:
"(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social start, colour, sexual orientation, age, disability, religion, conscience, belief, tradition, language and birth."
Gays and lesbians are protected by the inclusion of sexual orientation as one of the listed grounds on which unfair discrimination may not take place.
The listing of specific cases in section 9(3) does not mean, however, that to be considered unconstitutional, discrimination would have to be based on one of the grounds mentioned.
Gay rights might enjoy protection even in the absence of the specific reference to sexual orientation. But their explicit mentioning gives our Bill of Rights a distinct place in the world: South Africa was the first country to enshrine gay rights in its Constitution and, in so doing, provide its citizens with constitutional protection from discrimination on the
Repeal of "Don't Question, Don't Tell"
The discriminatory "Don't Ask, Don't Tell" ban on gay and lesbian service members is officially in the dustbin of history. For 17 years, the law prohibited qualified gay, lesbian and bisexual Americans from serving in the armed forces and sent a communication that discrimination was acceptable.
The Introduction of “Don’t Demand, Don’t Tell”
In 1994, the U.S. adopted “Don’t Inquire, Don’t Tell” as the official federal policy on military service by female homosexual, gay and bisexual individuals. The rule was discrimination in its purest build and prevented service members from being openly gay without threat of creature discharged. DADT was based on the false assumption that the presence of LGBTQ+ individuals in any branch of the military would undermine the ability of people to haul out their duties. Over the course of the policy’s life, thousands of brave service members were discharged simply for who they were and whom they loved.
Ensuring Justice for Service Members Everywhere
HRC made repealing DADT a top priority — and public sentiment showed the evolving perceptions of Gay people serving openly in the military. By
LGBTQ Rights
Know your rights Back to Know Your Rights main page
The legal landscape for LGBTQ people is constantly evolving. If you think you have been discriminated against and would like our assistance, please visit our Report LGBTQ and HIV Discrimination Page and we can help you figure out whether you are protected under federal or articulate laws.
Can an employer discriminate against me because of my sexual orientation or gender identity?
Your rights
Employers with 15 or more employees are prohibited by Title VII of the 1964 Civil Rights Act from discriminating on the basis of sex, and the U.S. Supreme Court held in 2020 (Bostock v. Clayton County), that firing someone on the basis of sexual orientation and gender identity is sex discrimination. In addition, many states and cities hold laws banning this kind of discrimination, and some of those laws utilize to smaller employers.
If you believe that your rights contain been violated
If you think that you have experienced discrimination at work, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), or with your state human rights enforcement agency where applicable. Try