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Public Opinion

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History

Homosexual activity in Gibraltar

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Homosexual activity in Gibraltar is legal.

Current status
Since Nov 30, 2000
Legal
The Sexual Offences (Amendment) Act 2000 repealed all criminal provisions regarding homosexuality, setting an equal age of consent for sexual activity between men; this also applies to Gibraltar.
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Jul 27, 1967–Nov 30, 2000
Legal
The Sexual Offences Act of 1967 legalized sexual acts between two men who were 21 or older (excluding men serving in the military), but it placed new restrictions on sex for men who have sex with men. The act prohibited sex in places where a third party was likely to be present.
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Nov 1, 1861–Jul 27, 1967
Illegal (up to life in prison as punishment)
The Offences Against the Person Act 1861 lowered the maximum penalty to life imprisonment.

Subsequent laws, such as the Labouchere Amendment (Section 11 of the Criminal Law Amendment Act 1885), redefined the offence and allowed for other punishments. For example, Oscar Wilde was sentenced to two years' hard labour in 1895, and in 1952, Alan Turing was chemically castrated.

Female homosexuality and sexual acts were not addressed in the law, and therefore, they technically would have been legal, though the law often applied to women.
Apr 11, 1713–Nov 1, 1861
Illegal (death penalty as punishment)
Under the Buggery Act 1533, which received Royal Assent from King Henry VIII in 1534, homosexuality in what is now the United Kingdom was punishable by death. It only came into place in Gibraltar in 1713 when Spain ceded it to Britain.

It was replaced in whole by the Offences Against the Person Act 1828, which carried the same punishment until repealed in 1861.

Same-sex marriage in Gibraltar

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Same-sex marriage in Gibraltar is legal.

Current status
Since Dec 15, 2016
Legal
Civil Marriage Amendment Act 2016
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Mar 28, 2014–Dec 14, 2016
Civil unions (marriage rights)
Civil Partnership Act 2014
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Censorship of LGBT issues in Gibraltar

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Censorship of LGBT issues in Gibraltar is no censorship.

Current status
No censorship
In Gibraltar, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Gibraltar

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Right to change legal gender in Gibraltar is illegal.

Current status
Illegal
It is not currently possible for citizens of Gibraltar to officially change their gender.

Gender-affirming care in Gibraltar

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Gender-affirming care in Gibraltar is legal.

Current status
Legal
"A GP can refer a person with gender dysphoria to the Adult Gender Service, the government said."
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Legal recognition of non-binary gender in Gibraltar

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Legal recognition of non-binary gender in Gibraltar is unknown.

Current status
Unknown

Hate crime protections in Gibraltar

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Hate crime protections in Gibraltar is unknown.

Current status
Unknown

LGBT discrimination in Gibraltar

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LGBT discrimination in Gibraltar is illegal.

Current status
Since Oct 10, 2013
Illegal
The criminal Justice (Amendment) act 2013 amended the Crimes Act 2011 to criminalise hate crime on the basis of sexual orientation. The Act inserted new provisions creating aggravated offences (assault, criminal damage, Public order, harassment/ stalking) where motivated by sexual orientation, and increased sentencing in such cases (Crimes Act 2011, ss. 113C-117A). It also expanded the "stirring up hatred" offences to include sexual orientation (ss. 99-104). The law commenced on the 10th October 2013, under Notice 2013/136.
Dec 14, 2006–Sep 18, 2013
Illegal in some contexts
This act makes discrimination illegal in most contexts. However it failed to address hate crime law
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LGBT employment discrimination in Gibraltar

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LGBT employment discrimination in Gibraltar is sexual orientation and gender identity.

Current status
Since Mar 1, 2007
Sexual orientation and gender identity
Equal Opportunities Act 2006 – in force since 1 March 2007 (Commencement Notice 2007/018, 25 January 2007)
Gibraltar Laws
Section 3(1): Defines “equal opportunities ground” to include sexual orientation and gender reassignment (i.e., gender identity)

Section 7A(1)–(4): Specifically prohibits discrimination against transgender persons, defining such discrimination as treating them less favourably on the basis of gender reassignment (including comparisons with non-transgender persons, and acknowledging acquired gender in legal interpretation)

2015 Amendment Regulations: In September 2015, the Act was amended to strengthen protections by expressly incorporating harassment on the grounds of gender reassignment under Section 14, and ensuring that absences from work due to gender reassignment cannot be treated less favourably than absences for sickness or injury
Sources:
Gibraltar Laws – Equal Opportunities Act 2006 www.gibraltarlaws.gov.gi/legislations/equal-opportunities-act-2006-369/download

Gibraltar Laws – Legal Notice 2007/018 (Commencement Notice) www.gibraltarlaws.gov.gi/legislations/legal-notice-2007018-equal-opportunities-act-2006-commencement-notice-2007-3291/download

Government of Gibraltar – Press Release No. 503/2015, Equal Opportunities Act Amendment Regulations www.gibraltar.gov.gi/new/sites/default/files/press/2015/Press%20Releases/503-2015.pdf

Employment Law Gibraltar – Discrimination Claims Overview www.employmentlawgibraltar.com/employment-law-gibraltar/discrimination-claims-in-gibraltar-a-brief-introduction-protected-characteristics
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LGBT housing discrimination in Gibraltar

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LGBT housing discrimination in Gibraltar is no protections.

Current status
Since Dec 14, 2009
No protections
In Rodriguez V Minister of housing (2009); Gibraltar's housing policy disproportionately impacted same -sex couples and was found indirectly discriminatory under the constitution. However, no new legislation was passed to formally prohibit housing discrimination or grant same-sex joint tenancy access.
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Same-sex adoption in Gibraltar

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Same-sex adoption in Gibraltar is legal.

Current status
Since Apr 2013
Legal
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Intersex infant surgery in Gibraltar

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Intersex infant surgery in Gibraltar is unknown.

Current status
Unknown

Serving openly in military in Gibraltar

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Serving openly in military in Gibraltar is legal.

Current status
Since Jan 12, 2000
Legal
As a British Overseas Territory, Gibraltar is defended by the United Kingdom's armed forces.
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Blood donations by MSMs in Gibraltar

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Blood donations by MSMs in Gibraltar is legal.

Current status
Legal
There are no laws banning blood donation
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Conversion therapy in Gibraltar

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Conversion therapy in Gibraltar is not banned.

Current status
Not banned
According to the government they stated that in 2022 they would ban converision therapy. This has still not happened
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Equal age of consent in Gibraltar

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Equal age of consent in Gibraltar is equal.

Current status
Since Apr 9, 2011
Equal
On 8 April 2011, the Supreme Court of Gibraltar ruled that a higher age of consent of 18 for all gay sex was deemed unconstitutional, and thus mandated an equal age of consent of 16. Also at the same time decriminalised heterosexual anal sex and set the age of consent at 16 for that as well.
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1993–Apr 8, 2011
Unequal
Following decriminalisation, the age of consent for gay men was set at 18, compared to 16 for heterosexuals and lesbians.