General Election 2010 - Background Notes

This page aims to give further background to our proposed questions to General Election candidates.

1. The Human Rights Act

The Human Rights Act has been very important in defending the equal rights of LGBT people. Will you undertake to keep it in force? Or if you propose to replace it, will you ensure that any new law will not undermine the rights already acquired by LGBT people, or lead to their unequal treatment?

Important benefits from the HRA include the decision by the European Court that lesbian and gay people should be allowed to serve in the Armed Forces [though strictly that was taken before the Act was passed.]

The Convention itself is part of the Act and our judges are required to take it into account when reaching decisions - though they cannot change any law they find breaks it; that is left to Parliament. They also take into account decisions by the Strasbourg Court on cases coming up in other countries.

The HR Act has had to be taken into account also in cases such as the legal challenge to the Employment Equality (Sexual Orientation) Regulations, though once again the main focus there was the wording of the EU Article 13 Directive (requiring exceptions or exemptions to be in pursuit of a "legitimate aim", "proportionate" etc). The recent Lords decision to strike out "proportionate" from the Equality Bill exceptions for religious organisations does not, in fact, change the requirement as this reposes in the Directive and the Convention.

2. Civil Partnerships

Do you agree that it is wrong and contrary to religious freedom to ban individual religious authorities (for instance Quakers, Liberal Judaism) from using their premises to register civil partnerships, just because other religious bodies won't do this?

By law, civil partnerships have to be in a non-religious building and avoid religious language. This is presumably to make them parallel with civil marriages. But a number of faith groups would like the ability to conduct civil partnerships, and why not? Obviously any faith group that didn't approve of civil partnerships would not be obliged to conduct them!

There is a real issue of religious freedom here. Faith groups are free to unite opposite sex couples in accordance with their own religion. But faith groups are not free to unite same sex couples, even if their religion would permit it.

3. Married Trans People

Married people wishing to change their gender have to dissolve their marriage before they can get a Gender Recognition Certificate. Will you undertake to remove this anomaly, which undermines the permanence of marriage and is offensive to those trans people who wish to remain married?

The Gender Recognition Act doesn't allow people who are currently married to obtain a GRC. But many trans people value their marriage and don't see why they should have to dissolve it (and perhaps replace it with a Civil Partnership). There are precedents for people changing their gender while still remaining married: for instance Roberta Cowell. Also in some cases, for instance pension entitlement, a couple who dissolve their marriage and then immediately form a civil partnership could be placed in a worse position than if their marriage had continued.

4. Asylum seekers

Will you support the human rights of persecuted gays and lesbians – for instance in Uganda – and the right of asylum for any LGBT person in justified fear of persecution?

LGBT people are suffering discrimination abuse, and legal persecution in a number of countries around the world. See also our Asylum leaflet (based on a speech by Peter Tatchell).

5. Equality in Goods and Services

Will you undertake not to block the negotiations now going on for a general new EU Directive to introduce equality EU-wide in the provision of goods and services?

The proposed new EU Directive would provide equality in the provision of goods and services, and could probably be adopted by qualified majority. It would strengthen rights for British LGBT living elsewhere in the EU. Our own law would probably not need to be changed, as the Sexual Orientation Regulations (now going into the Equality Bill) is expected to provide whatever the Directive might require.

6. Lesbian and Gay School Pupils

What steps will you take to ensure that all schools, including private schools and faith schools, will show respect for their lesbian and gay pupils and avoid condemning same-sex relationships?

It's important that all school pupils are taught in an atmospher that reflects diversity of all kinds, and discourages bullying and discrimination on grounds of sexual orientation or gender identity. Research shows that students learn significantly less well in conditions where they are "excluded", and absenteeism and early leaving among LGBT pupils are typical of those from marginalised groups.

7. LGBT Teachers

What steps will you take to ensure that LGBT teachers, of any subject, are not at risk from faith school authorities because their life style is condemned by the school’s religious ethos?

Teachers should have the same protection as all other workers from discrimination on the grounds of sexual orientation.

8. Public Services

Do you agree that services offered to the public, or on behalf of and paid for by the public, should not be withheld because of the religious beliefs of those involved in providing the services?

There have been a number of recent cases of people working for public bodies refusing to carry out their legal duties on the grounds of religion. A person should not be able to use their religion to get out of their legal obligation not to discriminate against LGBT people.

9. Treatment of Trans People

Will you seek to ensure that all transgendered and intersex people – not just those with Gender Recognition Certificates – are protected from discrimination and harassment?

The Equal Rights Act gives important protection for people who have obtained a Gender Recognition Certificate. But many trans people are not in a position to obtain a GRC, or are in the process of working towards one, and are in particular danger of harassment or discrimination. Also many groups of trans people, like the many different categories of intersex people, are not addressed by the Gender Recognition Act.