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.

  • Poppers To Be Made Illegal From April

    The UK government has voted to ban Poppers and other “legal highs” in law that is due to come into force in April.

    The new law which is due to be enacted on April 1st, will mean that if you sell or offer Poppers to anyone you could land up in jail for up to 7 years.

    A last ditch effort was made to exempt alkyl nitrites (poppers) from the Psychoactive Substances bill, however it failed 309 votes to 228.

    Speaking about the new law and the way in which it is written Lord Paddick told THEGAYUK:

    “it’s any substance that changes your mental state like making you feel happy.

    “So suppliers of air fresher for example and potentially florists could be arrested because the scent given off by roses makes people feel romantic, makes them feel better.

    Last week Conservative MP Mike Freer shared a document from the Advisory Committee of the Misuse of Drugs which said that poppers were “not seen to be capable of having harmful effects sufficient to constitute a societal problem.”

    In 2013 two men were found to have alkyl nitrites in their system after they died, however their deaths were not linked to their usage of poppers.

    In 2013 there were 8,416 alcohol-related deaths in the UK.

  • Columbia Lifts Gay Couple Adoption Ban

    Columbian gay couples are now legally allowed to adopt children, thanks to a historic ruling in which adoption agencies are no longer allowed to discriminate on the basis of sexuality.

    A historic ruling in Columbia now means that same-sex couples are allowed to adopt children in a 6-2 vote.

    The constitutional court lifted the ban so adoption agencies are no longer allowed to discriminate against gay couples. Couples are now able to adopt children that are unrelated to them. Before the ban’s lift, same-sex couples could only adopt if the child or children was one of the couple’s own children.

    Same-sex unions were made legal in Columbia in 2013, however full same-sex marriage is still illegal.

    According to the BBC the chief justice of the Constitutional Court, Maria Victoria Calle Correa said that excluding gay couples,

    “limits children’s right to a family,

    “A person’s sexual orientation or gender are not in and of themselves indicative of a lack of moral, physical or mental suitability to adopt.”

  • Man Successfully Sues “Homophobic” Service Provider Who “Outed” Him

    An Essex man has successfully sued a service provider who consistently “outed” him and used hounding “homophobic” gestures to taunt the victim.

    (more…)

  • How The Equality Act Is Costing Gay Couples Billions And Refusing Pension Rights

    News that the Court of Appeal has refused the application of a gay man for his husband to be treated in the same manner upon his death as a surviving heterosexual spouse has underlined that the principal of equality does not extend to every area of the law.

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  • LEGAL CLINIC: Can I Get Fired For What I Say On Facebook/Twitter/Reddit?

    LEGAL CLINIC: Can I Get Fired For What I Say On Facebook/Twitter/Reddit?

    LEGAL CLINIC: Don’t Get Sacked Over Social Media

    Simon / Pixabay

    If you are on social media, then you may be aware of the controversy surrounding Facebook’s new ‘authenticity’ policy, which requires users to use their legal identity rather than a pseudonym.

    This policy has been met with resistance from LGBT groups who are concerned they may be ‘outed’ to any member of the public. Further, it means employers, clients and customers can see what you did this weekend.

    Zee Hussain, Employment Partner at Colemans-ctts (a trading style of Simpson Millar), provides an overview of your rights and provides guidance to ensure your professional and private lives remain separate.

    Be aware of how to manage your settings.

    On most social media platforms, you can choose what information can be displayed to the public, which extends to photographs, status updates and personal information. Facebook will allow you to put friends into groups with differing levels of privacy. Check the privacy policies concerned and adjust accordingly.

    Know your own rights.

    Whilst it is not unlawful for employers to search your social media profile, it is unlawful for them to discriminate against you due to a protected characteristic, such as your sexuality, gender, race, religion or disability. Therefore, if it is clear from your profile that you have a same-sex partner and the employer uses this as a reason to reject your job application, then this may mean you can make a claim under the Equality Act 2010.

    Employers that conduct searches can use external agencies to ensure they do not fall foul of the law. You are entitled to request a copy of any information that may be held on you under the Data Protection Act 1996.

    Make sure you know your employers social media policy.

    Different employers have a different approach to social media. Some will allow you to access your social media during worktime, some won’t. There may well be guidelines you are expected to follow to ensure your employers, and your own reputation, remain in tact.

    Don’t name and shame your clients.

    In the case of Preece –v- JS Wetherspoons, Ms Preece was a manager of a pub and had to bar an elderly and abusive couple one evening. She then went onto name and shame the couple and their antics to her Facebook friends, which unfortunately included the couple’s daughter. The tribunal found that the employer was justified in dismissing Ms Preece despite her many years of service.

    Watch your (virtual) mouth.

    Even years later, ranting on about how unreasonable your boss has been, how you are sick of your job, or even that you are hungover at work can come back to haunt you. In British Waterways Board v Smith, Mr Smith had posted numerous status updates which made derogatory comments about his work and indicated he had been enjoying a cheeky beer whilst on standby. Whilst there were no immediate consequences, Mr Smith was dismissed following an investigation some two years later.

    Unwanted conduct = harassment.

    Adding colleagues to your social media network is becoming the norm, and the office is increasingly a place where romantic partners meet. However, flirty text messages and risqué snapchat messages are not always welcome. Likewise, those off-colour jokes don’t sit well with everyone.

    Harassment is where unwanted conduct, whether of a sexual nature or related to a protected characteristic, creates a working environment that that is offensive, hostile, humiliating or intimidating to work in. Therefore, your employer can take disciplinary action against you (or a colleague) in this situation. If you are receiving messages from a colleague, then do turn to your employer for help if you are made to feel uncomfortable.

    Don’t be this girl.

    A few years ago a facebook post from a girl known as Lindsay went viral for all the wrong reasons. Lindsay had posted a status which said,

    “My boss is a total pervvy *****, always making me do **** stuff to **** me off!”

    Her boss got the final word by replying directly to the status:

    “Firstly, don’t flatter yourself. Secondly, you’ve worked here 5 months and didn’t you work out that I’m gay? Thirdly, that ‘**** stuff’ is called your ‘job’, you know, what I pay you to do. But the fact that you seem to be able to **** up the simplest of tasks might contribute to how you feel about it.

    “And lastly, you also seem to have forgotten that you have 2 weeks left on your 6 month trial period. Don’t bother coming in tomorrow.

    “I’ll pop your P45 in the post and you can come in whenever you like to pick up any stuff you’ve left here. And yes, I’m serious.”

    If there is one thing that will have hurt Lindsay more than receiving her P45, is the fact that the whole world seemed to enjoy her boss getting his own back.

    Social Media is a public forum, and in the click of a button, a comment or picture can be shared with thousands of users. We would recommend acting accordingly.

    It remains to be said that using social media as a means of communicating is clearly now a way of life. Posting messages may now be almost second nature, however, by remaining vigilant and attentive when using social media well certainly help avoid any difficult situations especially when it comes to work.

    Check out our free online legal clinic – where you can also ask questions from our expert legal team.

    by Zee Hussain

  • Brilliant Cell Block Tango Parody For Law Breaker Kim Davis

    She had it coming… She ran into the law. Mother records brilliant Cell Block Tango parody for Kim Davis, the Kentucky clerk who refused to give marriage licenses to gay men.

    Kim Davis is currently serving jail time for refusing to fulfil a court-mandated requirement of her job – to give marriage licenses. The clerk claims that her religious beliefs should excuse her from serving the licenses to same-sex couples.

    A mother, Lauren Mayer, AKA PsychoSuperMom’ has uploaded this amazing parody of the Chicago song Cell block Tango calling it Homophobe Tango, (she had it coming).

     

    Changing the words to the original she sang,

    “She had it coming, she had it coming, in jail is where she’s got to stay… the law she tested, and got arrested, discrimination is not okay.”

    “You know how some bigots have these annoying habits that get you down? Like the county clerk who likes to read her Bible – no, not read, THUMP.

    “She was always thumping her Bible. Especially when she didn’t want to give gay couples a marriage license.

    “The county said she had to, she thumped. The state told her to, she thumped. The Supreme Court said she had to! She thumped. She thumped all the way to contempt of court.”

  • Kim Davis, Woman Who Refused Gay Marriage License Taken Into Custody

    The woman who refused to issue marriage licenses to two gay men in Kentucky has been jailed.

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  • ANSWERS | Is Cottaging Legal In The UK

    Cottaging is a British slang term for man on man sexual contact in the public toilets. It is not legal in the UK to have sexual contact in a public rest room or toilet.

    Is Cottaging Legal In The UK
    markusspiske / Pixabay

    https://www.thegayuk.com/tag/Cottaging/Cottaging is a term which can be traced back to Victorian times when “cottage” referred to a small house or public house. Cottaging is illegal in the United Kingdom under the Sexual Offences Act 2003, and applies to both heterosexual and homosexual acts.

    The Sexual Offences Act 2003 doesn’t say however that sex in a public place is illegal. Cruising grounds and cottaging are two different spaces. Cruising grounds are defined as open spaces, where men can hook up with men, or straight couples can meet for sex (often referred to as dogging), as long as no members of the public can see you.

    What you should do if you are arrested

    You risk being arrested if reported by a member of the public. If this happens you have the right to legal advice from an on-duty solicitor at the police station. If convicted you could be sentenced to 6 months in prison and /or a fine.

    A caution or conviction will result in a criminal record for a sexual offence which you will have to disclose in any criminal record checks.

    For your safety we suggest you look at our full guide on safety before you set out

  • This Man Is Taking Blood Discrimination To The High Court

    Tomás Heneghan is taking the Irish Blood Transfusion Service to court because he believes they are discriminating against him and gay men.

    The Irish student is taking the IBTS to the high court after they “permanently deferred” him despite being tested negative for any diseases or viruses.

    Mr Heneghan, 23, who had been donating blood since he was eighteen, honestly disclosed the fact that he had slept with a man which is when the IBTS “deferred him”, which effectively acts as a ban on donating blood. The IBTS enforces a lifetime ban on any man who has had anal or oral sex with another man.

    Mr Heneghan considers giving blood a “civic responsibility” his counsel said.

    The European Convention on Human Rights prohibits discrimination on the grounds of sexual orientation. However, there is a provision for discriminating if it is reasonable and proportionate. Mr Heneghan is arguing that each individual must have an inquiry with regard to whether they can donate to ensure that a blanket ban on gay men giving blood is not discriminatory.

    The Irish Times reports that Mr Justice Seamus Noonan is satisfied that this is an appropriate case against the IBTS, the Minister of Health and the State.

  • UK COURT: Unlawful Discriminaton For Christian Bakery Who Refused Gay Cake

    BREAKING: A UK Court has found that a bakery in Belfast, owned by Christians acted unlawfully when it refused to fulfil an order which had an inscription in support of same-sex marriage.

    Ashers Bakery in Belfast, Northern Ireland refused an order by Gareth Lee in July 2014. The cake in question had a message that supported same-sex marriage.

    The bakery owners refused the order based on their Christian beliefs Gareth Lee a gay rights activist took the civil case against the bakery with the support of the Equality Commission.

    A judge has ruled that the bakery’s refused to make the cake was unlawful. The judge commented:

    “Whilst defendants have right to religious beliefs they are limited as to how they manifest them.”

    https://twitter.com/DeborahMcAleese/status/600598827700224000?ref_src=twsrc%5Etfw

    Speaking outside the Belfast court just before the ruling, Ashers general manager Daniel McArthur said:

    “We happily serve everyone but we cannot promote a cause that goes against what the Bible says about marriage.

    “We have tried to be guided in our actions by our Christian beliefs.”

    Mr Lee told the court that the decision to refuse his order him feel “unworthy” and ” a lesser person”.

    A Belfast judge said Ashers were not exempt from discrimination law adding that the bakery were “conducting a business for profit”, they are not a religious group.”

    They were found to have discriminated against Mr Lee on the grounds of sexual orientation.

    https://twitter.com/DeborahMcAleese/status/600594149063204866?ref_src=twsrc%5Etfw

  • This woman wants to sue you, for being gay

    You Are Being Sued – panic not, as we will all be in the dock with you if Sally Ann Driskell gets her own way.

    The Nebraska resident who identifies as an ambassador for God and Jesus Christ has filed a Federal Lawsuit in the US against ALL homosexual people on the planet for breaking “religious and moral laws.” (We are assuming she means Earth.)

    According to the Lincoln Journal Star, 63-year-old Ms. Driskell argues in a seven-page, handwritten petition delivered to the US District Court of Omaha that:

    “Homosexuality is a sin and that the homosexuals know it is a sin to live a life of homosexuality

    “Why else would they have been hiding in the closet(?)”

    Sadly spelling is not one of her better skills and so she challenges US District Judge John M. Gerrard to not “judge God to be a lier (sp),” and slams gay people as “liers (sp), deceivers and thieves” in the case, filed simply as Driskell v. Homosexuals.

    “I never thought that I would see a day in which our Great Nation or our Great State of Nebraska would become so compliant to the complicity of some people(’s) lewd behavior,” she notes.

    “It is of the Lord’s mercies that we are not consumed because his compassions fail not.”

    Don’t rush to go pick out a little black number to wear as it is most unlikely her petition will not go any further.

    It’s a pity as we think it could have been fun taking the Stand.