THEGAYUK

Tag: Legal

Read the latest news and analysis of legal issues surrounding the LGBT+ community. Browse THEGAYUK’s entire archive on news on legal issues.

  • Bermuda’s Supreme Court overturns ban on gay marriage

    Bermuda’s Supreme Court has overturned the ban on same-sex marriage.

    Cake, Gay Marriage, gay wedding
    CREDIT: © ivonnewierink Depositphotos

    In response to legal challenges, Bermuda’s Supreme Court has overturned a ban on gay marriage. Earlier this year, Bermuda became the first country in the world to repeal same-sex marriage.

    Speaking about the overturn, Human Rights campaigner, Peter Tatchell said, “Bermuda’s Supreme Court was right to rule that the repeal of same-sex marriage by the country’s parliament was unconstitutional.

    “Under Bermuda’s constitution and its international treaty obligations the state is duty-bound to guarantee equal treatment and non-discrimination to all its citizens.

    “This ruling will encourage and empower legal challenges to criminalisation and marriage inequality across the Caribbean, many of which are bound to succeed. It is indicative of the unstoppable global trend towards LGBT+ equal human rights.”

    Rights won and loss

    In 2017 Bermuda legalised gay marriage after a couple won the right to marry on the island after a Supreme court challenge found that not allowing gay couples to wed would be discrimination.

    The couple used the British Overseas Territory of Bermuda’s Human Rights Act to argue their case. They said that not allowing them to marry constituted as discrimination on the basis of their sexuality, something that the act expressly forbids.

    2016 Referendum

    In 2016 Bermuda held a non-binding referendum on the issue of same-sex marriage and were asked two questions:

    “Are you in favour of same-sex marriage in Bermuda?” and “Are you in favour of same-sex civil unions in Bermuda?”

    Both votes were lost by 69 percent and 63 percent respectively with just 46.89 percent of the electorate turning out to vote on the issue. The low turn out makes the referendum invalid according to The Royal Gazette.

     

  • Want to watch porn in the UK? You might need to ask your newsagent

    The Conservatives are forging ahead with a new law that means that if you want to watch porn on the internet, you will have to prove you are over the age of 18.

    The new system will allow people to buy an anonymous pass to watch porn in the UK.

    Plans are being made to make “porn passes” available at local newsagents, which will allow people in the UK who want to watch porn to bypass inputting personal data which proves their age to various porn sites, according to The Independent. It is a way in which people can access porn anonymously once the new law comes into force.

    The law means that you have to prove you are over the age of 18 before you can access porn sites in the UK and is part of the Digital Economy Act. The rules will apply to any website or platform which offers porn on a “commercial basis”.

    Advocates for the new rules hope that the measures will protect children from online porn.

    “PORN PASS”

    How do you feel about giving over your details to prove your age?

    Buying a “porn pass” means that you will have to hand over personal information to your local newsagent, who will be able to issue you with an anonymous pass, which will allow you access to adult sites in the UK.

    A spokesman for the Department of Culture, Media and Sport, which is responsible for the new legislation, said, “We are in the process of implementing some of the strictest data protection laws in the world.

    “A wide variety of online age verification solutions exist, or are in development, and they will have to abide by these high standards. We expect data security to be a high priority in the BBFC’s guidance on age verification arrangements.”

    In December 2014, pornography produced in the UK was subject to strict rules under the David Cameron’s Tory government. The types of scenes which studios could film were severely restricted with an amendment to the 2003 Communications Act.

    Some of the activities banned by the Conservative government could overtly affect the porn consumption of gay men in the UK – including those who watch BDSM, rimming (facesitting) and fisting.

    Thoughts?

     

     

  • Anti-gay laws are ‘wrong’, British PM tells Commonwealth

    British Prime Minister Theresa May on Tuesday told former colonies anti-gay laws once imposed by her country “were wrong then, and they are wrong now”. The premier raised discriminatory legislation affecting same-sex couples, women and girls, in an address to Commonwealth leaders in London. (more…)

  • Mother argues boys need protection against “male genital mutilation”

    ‘He has been mutilated and suffered permanent damage.’

    Mother argues boys need protection against "male genital mutilation"
    Mother argues boys need protection against “male genital mutilation”

    A mother is suing a doctor after her baby son was circumcised, allegedly without her permission. The 26-year-old mother is planning to sue the doctor after her son, was left in pain, bleeding and unable to wear a nappy.

    The boy was reportedly taken to the doctor, by his paternal grandmother.

    The baby’s parents are separated and the father is not named on the boy’s birth certificate, but was allowed visitations to his son. In 2013 the Nottinghamshire mother left her baby with its father during the Eid festival, and allegedly his mother took the boy to be circumcised, according to The Sunday Times.

    Male genital mutilation “an unnecessary assault”

    If the boy’s mother is successful, campaigners say that it could open the floodgates to other victims of “male genital mutilation”, who claim that the circumcision procedure was done without their permission as children, before they could decide whether they wanted the operation or not.

    The mother claims that her son, neither can be named for legal reasons, was left in pain saying that her son was “mutilated and suffered permanent damage.”

    The mother made a complaint to the police and also to the General Medical Council in 2013, when the operation took place, however, the police found there was “insufficient evidence” for a successful prosecution. The mother’s lawyer, Saimo Chahal QC, is seeking to “Crown Prosecution Service’s decision last November not to prosecute”.

    Chahal QC said, ‘This mother clearly did not consent to her son undergoing the circumcision procedure, which could constitute a criminal offence.

    ‘While some people with religious beliefs see circumcision as normal, there are others who see it as an unnecessary assault which can be physically and psychologically harmful.’

    It is currently illegal to perform female genital mutilation. There are no such laws in place for males.

  • ‘Gay Tests’ for Refugees in Europe Should Be Banned: EU

    A top European court has rejected a decision to reject an African asylum seeker after he failed a test designed to prove whether he was gay. The Nigerian, whose name has not been disclosed, applied for refugee status in Hungary during the 2015 migrant crisis, when hundreds of thousands of refugees and migrants made their way to Europe from the Middle East and Africa. (more…)

  • Isn’t it time UK law considered gay sex equal to straight sex?

    For those who continue to call same-sex marriage “marriage equality,” you might be interested to know that the UK government doesn’t consider your sexual activity equal.

    So when same-sex marriage came into law, it didn’t automatically spell marriage equality – it’s one of the reasons why THEGAYUK.com doesn’t use the term.

    One of those things that stopped us from fully embracing the marriage equality slogan was that in UK law gay sex and straight sex are not equal.

    How do we know this? Well, straight couples can get divorced because of adultery. Gay couples cannot. Effectively treating same-sex sexual relations differently from heterosexual sexual relations.

    Adultery is defined by UK law “voluntary sexual relations between an individual who is married and someone who is not the individual’s spouse”, but it only counts if the person is of the opposite sex. A spouse cannot commit adultery if the person they are cheating with is the same sex.

    Grounds for divorce, in this case, would have to be petitioned under “unreasonable behaviour”.

    This is also true of civil partnerships. Speaking to THEGAYUK.com last year, Andrew Smith, Associate Solicitor for Blacks Solicitors’ Family Law team told us,

    “…the definition of adultery is sexual intercourse with someone of the opposite sex outside marriage. Instead, civil partners have to use ‘unfaithfulness’ as one of a number of examples of Unreasonable Behaviour.”

    “Where is the equality?”

    Jodene Murphy is petitioning the UK government for change. Writing on the petition Murphy explains, “When the UK Government welcomed same-sex marriage and updated the Marriage Act accordingly, they neglected to sufficiently update the divorce law. We are now living in a country where same-sex couples cannot divorce under the grounds of adultery. Where is the equality? Equal rights for all.”

    The petition needs to garner over 10,000 signatures in order for the government to answer. At 100,000 signatures, the petition will be considered for debate in Parliament.

  • India’s top court to review gay sex ban

    India’s Supreme Court on Monday announced a review of a hugely controversial ban on gay sex, saying no one should have to live in fear because of their sexuality. The court said it would take up a legal challenge by five high-profile Indians who said the colonial-era law created an atmosphere of intimidation. (more…)

  • BLOOD: Waiting time for gay and bi men to donate reduced

    The wait time before gay and bisexual men can legally give blood has been reduced from 12 months.

    The UK now has one of the most progressive blood donation policies, concerning donations from gay and bisexual men, in the world. From today, gay and bi men will no longer have to abstain from sex for 12 months before they can donate blood. The new wait period is three months. Despite this, critics are still calling on the Government to go further.

    In July the Government announced that it would be reducing the deferral period for gay men and other groups from 12 months to three, which means the UK now has one of the world’s most progressive deferral-based blood donation policies.

    However, this still means that men, who are in long-term, committed relationships with other men, are still unable to donate blood.

    Fundamental Shift

    Blood equality campaigners, FreedomToDonate, has long argued that a 12 month deferral period is unjustifiable in light of today’s scientific and medical capabilities.

    The campaign’s founder, Ethan Spibey, who has a particularly personal reason to welcome today’s new policy, said, “Today marks a fundamental shift in blood donation policy recognising the contribution gay men and other groups make. For me, this was always about being able to repay the donors who saved my grandad’s life.

    “As the new guidelines come into effect, this step change really does mean that the UK is leading the way in deferral-based blood donation models and and has a role to play in moving towards a safe and truly fair blood donation policy for all.

    “I couldn’t be prouder of the FreedomToDonate team and our supporters, who working together have achieved something which will help more people than ever who are in need of blood.”

    Stewart McDonald MP, who co-chairs the APPG on Blood Donation which undertook an Inquiry into blood donation policy said, “It’s fantastic that these guidelines have now come into effect which the APPG on Blood Donation recommended throughout the course of its Inquiry. It means more people than ever will be able to take the life-saving act of donating blood.”

    Who can’t donate blood in the UK?

    The following demographics are not permitted to donate blood in the UK.

    • Gay and bisexual men who have had sex in the last months
    • Women who have had sex with a man who has had sex with another man in the previous three months
    • Sex workers
    • Somone who has had sex for money or drugs
    • Someone who has had sex with a “high risk” partner
    • Those who over 25 stone in the weight
    • Those under seven stone in weight
    • Those who are over 70 years old
    • People on antibiotics
    • People who are pregnant
    • Those who have travelled from or through certain countries 

  • Did you know it’s illegal to dance in most of NYC’s Bars?

    Legal ballet to end New York prohibition on dancing

    Due to licensing this article must be read on our website

    Dancing is technically illegal in thousands of bars, clubs and restaurants in the city that never sleeps, but New York campaigners are finally in sight of getting the law overturned. The “cabaret law,” passed in 1926, requires public spaces that sell food and drink to acquire near impossible-to-obtain permits to authorize dancing indoors. (more…)

  • Man who touched another man’s hip in Dubai sentenced to 3 months in Prison

    The man who brushed up against another man in a Dubai bar, in an attempt to protect against drink spillage has been sentenced to 3 months in Dubai.

    Jamie Harron from Stirling in central Scotland has today been imprisoned for 3 months following the complaints that Mr Harron had touched another man’s hip at a bar in Dubai.

    In fighting his case, Mr Harron has lost his job and spent in excess of £30,000 on his legal defence.

    Jamie was in Dubai, with a friend, on a two-day stopover from Afghanistan, where he worked as an electrician.  Mr Harron claimed that he was trying to ensure that a drink he was holding did not spill on himself or others. He touched the other man’s hip in order to avoid an impact. He was arrested for public indecency and his passport was seized but authorities. In fighting his case, Jamie has spent in excess of £30,000 in legal fees. He has spent all of his savings and spent £12,000 on credit cards.

    According to Detained In Dubai, leading experts in Middle Eastern Law, Mr Harron has yet to be sentenced for two other charges stemming from the case; that of consuming alcohol, and for allegedly making a rude gesture against Mr Tabaza.

    He was previously sentenced to 30 days in prison for failing to appear at a court hearing the date of which he had not been notified of in advance.

    Life in tatters

    He has already spent several months stranded in the UAE over this case, lost his job, and is in danger of losing his home as he struggles to pay legal expenses.

    Radha Stirling, CEO of Detained in Dubai, commented, “Now Jamie has been sentenced to 3 months; there is no telling whether a judgment on appeal will be better or worse. He has already suffered tremendously as a result of these allegations, and now faces the likelihood of incarceration. His family was unable to visit him during this critical time because they faced a very real risk of imprisonment themselves under the UAE’s cybercrime laws which forbid criticism of the government.

    “At this point, Jamie will definitely be pursuing civil action against his accusers when he does eventually return home, as it appears that he will not be able to find justice in the UAE.”

    Mr Harron, she said, is understandably distraught.

    “He is angry, disappointed, and dreads what may happen next. He feels betrayed and exploited by the system, which did not investigate the reports of key witnesses in his defence and led him to believe that the case would be dropped. He can’t understand why a company like Neuman & Esser came out so publicly to repeat the defamatory allegations of Mr Tabaza, and he is intent on pursuing further legal action.”

    Though the German company that employs Mr Tabaza, Neuman & Esser, claims that Tabaza sought to dismiss the case in August, Detained In Dubai says there is no documentation to support this, and Mr Tabaza has never appeared in court to request a dismissal.

    A spokeswoman for the Foreign Office said, “We have been in contact with a British man following his arrest in Dubai in July. We are providing consular assistance.”

  • Parents of man detained in Dubai over touching a man’s hip, speak out of their worry for him

    The parents of Jamie Harron, the Scotsman arrested in Dubai for accidentally touching another man’s hip while trying to avoid bumping into him in a crowded bar, have spoken out. They tell of their fears for Jamie, and how the pressure has affected their close family.

    Jamie’s father Graham, a caterer, and his mother Patricia are beside themselves with worry. Patricia cannot sleep. “I’m up all night worrying about what is going to happen to Jamie in court on Sunday,” she says. “There’s no chance of sleep.”

    Jamie was in Dubai, with a friend, on a two-day stopover from Afghanistan, where he worked as an electrician.

    Jamie, says he was trying to ensure that a drink he was holding did not spill on himself or others. He touched the other man’s hip in order to avoid an impact.

    He was arrested for public indecency and his passport was seized but authorities. In fighting his case, Jamie has spent in excess of £30,000 in legal fees. He has spent all of his savings and spent £12,000 on credit cards.

    Radha Stirling, CEO of Detained In Dubai, the NGO representing Jamie and his family is in constant communication with the worried couple.

    Graham stresses that he is very grateful for all the support from the press and the people of the UK.

    He says, “Patricia and I have not been able to relax for a moment. We never dreamed we would have to face something like this. I wanted him to tell his story to the press but he really did not think it would be necessary. We can’t believe that this nightmare has gone on for three months. Jamie is a good boy. He has never been a problem and never in trouble. We are a very close family and it is killing us to think of him spending even 3 nights in jail, let alone 3 years.”

    The Embassy is doing nothing

    Graham continues, “The UK embassy has not done anything to help and seem to think it is absolutely fine for British nationals to be abused in this way. People have to stop visiting that country. Since Jamie was arrested, I have researched and found that this is more common than any of us think. It is unacceptable the FCO actually promotes the UAE to British tourists.”

    “We are so worried about what may happen tomorrow at the hearing. We have been told to expect he will be taken into custody. We feel helpless.”

    “Questions need to be answered as to why there is no advice about these incidents on the UK FCO website,” Graham insists, “and where are the embassy staff who should be offering emotional and practical support to both Jamie in the UAE and his family back home in Stirling?”

    Graham and Patricia spoke of their family’s finances which are now in tatters, Jamie has been forced to pay over £10,000 for a solicitor and run up huge credit card debts which he is going to have trouble repaying, now that he has lost his job. Loving parents Graham and Patricia have also stretched their own finances to breaking point to help their son.

    Horrible dream

    Jamie adds, “the whole thing is like a horrible dream and I just don’t know when it is going to end. I thought it would be over by now but it feels like it will never be. I am lucky I have friends to stay with but this has broken me, financially and emotionally. I am in debt because of the legal fees and won’t even be able to afford to appeal the case if it doesn’t go in my favour”.

    Radha Stirling adds in a statement, “Jamie’s local MP, Stephen Kerr, contacted me today to ask whether he should intervene and we have requested he do so. This case has been brought to the attention of the UAE government who we hope will intervene and stop the injustice. More and more British nationals have written Dubai off as a possible holiday destination in light of several recent high profile arrests and we are inundated with more stories of legal abuse. We are hoping to work with the UAE government to make improvements to make the country safer for tourists, expats and investors.

    We are all anxiously awaiting to see whether Jamie is jailed tomorrow for previously not turning up to a court hearing that neither he, nor his lawyer, were advised of”.