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{{Short description|None}}
{{Use dmy dates|date=March 2020}}
{{Use British English|date=July 2015}}
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| caption = {{map caption|location_color=dark green|country=[[Gibraltar]]|region=[[Europe]] |region_color=dark grey |subregion=the [[European Union]] |subregion_color=light green |legend=Location Gibraltar EU.png}}
| legal_status = Legal since 1993,<br/>age of consent equal since 2012
| gender_identity_expression =
| recognition_of_relationships = [[Same-sex marriage in Gibraltar|Civil partnerships since 2014;<br/>Same-sex marriage since 2016]]
| adoption =
| military = LGBT people allowed to serve openly
| discrimination_protections =
}}
{{LGBT rights in the United Kingdom sidebar}}
'''Lesbian, gay, bisexual and transgender (LGBT) rights''' have evolved significantly in the past decades in the [[British Overseas Territories|British Overseas Territory]] of [[Gibraltar]]. Same-sex sexual activity has been legal since 1993 and the [[age of consent]] was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to [[LGBT adoption|adopt]]. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014
==Legality of same-sex sexual activity==
In Gibraltar, the age of consent for all sexual activity regardless of sexuality and/or gender was equalised at 16 in April 2011, when under Supreme Court order the previous law – under which the age of consent for [[gay]] males was 18 – was found to be unconstitutional. Heterosexual anal sex was decriminalised at the same time and the age of consent set at 16.<ref name="chronicle.gi">{{
Political campaigning prior to the [[2007 Gibraltar general election|2007 elections]] was prominent with equality rights organisation [[Politics of Gibraltar#Equality Rights Group GGR|Gib Gay Rights (GGR)]],<ref>{{cite web|url=http://equalityrightsggr.blogspot.com/ |title=Equality Rights Ggr |publisher=Equalityrightsggr.blogspot.com |access-date=2014-04-05}}</ref> headed by human rights campaigner [[Felix Alvarez]], openly challenging the incumbent [[Chief Minister of Gibraltar|Chief Minister]], [[Peter Caruana]], for more rights in Gibraltar for gay and lesbian people
Campaigning on the issue of an equal age of consent of 16 had been strongly undertaken.<ref name="elect07">{{
:''We recommend that the Government should take steps to ensure that discrimination on the basis of sexual orientation or gender status is made illegal in all overseas territories.''<ref>{{
▲:''We recommend that the Government should take steps to ensure that discrimination on the basis of sexual orientation or gender status is made illegal in all overseas territories.''<ref>{{Cite web|url=https://publications.parliament.uk/pa/cm200708/cmselect/cmfaff/147/14706.htm#a24|title=House of Commons - Foreign Affairs - Seventh Report|website=publications.parliament.uk}}</ref>
On 18 May 2009, the [[Gibraltar Parliament]] rejected a [[private member's bill]], proposed by the [[Minister for Justice]], to equalise the age of consent. It was opposed by the [[Gibraltar Socialist Labour Party|GSLP]]/[[Liberal Party of Gibraltar|Liberal]] opposition for technical reasons due to the way the bill was written. Government MPs were given a free vote on the bill. It was defeated, as government MPs were split on its approval, and the opposition members all voted against it.
The influential [[Politics of Gibraltar#Gibraltar Women's Association|Gibraltar Women's Association]] (GWA)
On 1 October 2009, new proposed legislation would enable the Government of Gibraltar to ask the [[Court system of Gibraltar|Supreme Court]] to test whether existing or draft laws are compatible with the Constitution. This would provide a simplified, purpose-built mechanism to deal with contentious issues such as the age of consent.<ref>{{
On 1 April 2010, [[Secretary of State for Foreign and Commonwealth Affairs]] [[David Miliband]] pointed out that if a [[British Overseas Territories|British Overseas Territory]] is unwilling to meet "international obligations" such as equalising the age of consent it may be imposed by an [[Order in Council]].<ref>{{cite web|url=http://www.pinknews.co.uk/2010/03/31/britain-could-force-gibraltar-to-adopt-equal-age-of-consent/|title=Britain 'could force Gibraltar to adopt equal age of consent'|date=31 March 2010|access-date=27 May 2018}}</ref><ref>{{cite
On 8 April 2011, the Supreme Court of Gibraltar ruled that a higher age of consent of 18 for gay sex was unconstitutional, and thus mandated an equal age of consent of 16, while at the same time also decriminalising heterosexual anal sex.<ref name="chronicle.gi"/>
In August 2011, the gender-neutral ''Crimes Act 2011'' was approved, which sets an equal age of consent of 16 regardless of sexual orientation, and reflects the recent Supreme Court decision in statute law.<ref>{{cite
==Recognition of same-sex relationships==
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===Same-sex marriage===
Same-sex marriage became an issue of interest for the
On 26 October 2016, the ''Civil Marriage Amendment Act 2016'' was passed in the [[Gibraltar Parliament]] with unanimous support from all 15 members present during the vote.<ref>{{cite web|url=http://www.gbc.gi/news/equal-marriage-bill-passed-parliament-33549|title=Equal marriage bill passed by Parliament|work=GBC: Gibraltar News|date=26 October 2016|archive-url=https://web.archive.org/web/20161217231128/http://www.gbc.gi/news/equal-marriage-bill-passed-parliament-33549|archive-date=17 December 2016}}</ref> The bill received [[royal assent]] on 1 November and took effect on 15 December 2016.<ref name="act">{{cite web|url=http://www.gibraltarlaws.gov.gi/articles/2016-22.pdf|title=Civil Marriage Amendment Act 2016 [No. 22 of 2016]|work=Government of Gibraltar|date=1 November 2016|archive-url=https://web.archive.org/web/20161217231602/http://www.gibraltarlaws.gov.gi/articles/2016-22.pdf|archive-date=17 December 2016}}</ref><ref name="notice">{{cite web|url=http://www.gibraltarlaws.gov.gi/articles/2016s248.pdf|title=Civil Marriage Amendment Act 2016 – Notice of Commencement|work=Government of Gibraltar|archive-url=https://web.archive.org/web/20161217231845/http://www.gibraltarlaws.gov.gi/articles/2016s248.pdf|archive-date=17 December 2016}}</ref> The first legally recognized same-sex marriage in Gibraltar took place the next day.<ref>{{cite web|url=http://www.gbc.gi/news/first-same-sex-marriage-takes-place-rock-34024|title=First same-sex marriage takes place on the Rock|work=GBC: Gibraltar News|date=16 December 2016|archive-url=https://web.archive.org/web/20161217232344/http://www.gbc.gi/news/first-same-sex-marriage-takes-place-rock-34024|archive-date=17 December 2016}}</ref>
==Adoption, surrogacy and family planning==
On 10 April 2013, the Supreme Court ruled that section 5 (2) of the ''Adoption Act 1951'' was in violation of the Gibraltar Constitution thus, in effect, ''[[de jure]]'' legalising LGBT adoption in Gibraltar. The
In June 2017, the Gibraltar Health Authority approved an amendment to its
In February 2021, Gibraltar implemented
==Discrimination protections==
The [[Gibraltar Constitution Order 2006|2006 Constitution]] does not mention [[sexual orientation]]. Proposals, made public in early March 2002, specifically omitted direct reference to "sexual orientation" as a category to be constitutionally protected. Other categories are clearly included.<ref>[http://commentisfree.guardian.co.uk/peter_tatchell/2007/08/the_rock_of_prejudice.html The Rock of prejudice] Retrieved on 23 August 2007.</ref>
The ''Equal Opportunities Act 2006'', which came into force on 1 March 2007, prohibits discrimination in areas such as employment and the provision of goods and services on numerous grounds, including [[sexual orientation]] and "gender reassignment".<ref>{{cite web|url=https://www.gibraltarlaws.gov.gi/articles/2006-37o.pdf|title=Equal Opportunities Act 2006|work=gilbraltarlaws.gov.gi|access-date=1 July 2019|archive-date=6 April 2019|archive-url=https://web.archive.org/web/20190406222001/https://www.gibraltarlaws.gov.gi/articles/2006-37o.pdf|url-status=dead}}</ref> "Sexual orientation" is defined as a "sexual orientation towards persons of the same sex, persons of the opposite sex, or persons of the same sex and of the opposite sex". "Gender reassignment" is defined as "a process for the purpose of reassigning a person's sex by changing physiological or other attributes of sex".
===Hate crime legislation===
A bill to amend the ''Crimes Act 2011'', that would criminalise both hatred and harassment on the ground of sexual orientation as a [[hate crime]], was approved by the [[Gibraltar Parliament]] on 19 September 2013 and given [[royal assent]] on 25 September. The law took effect on 10 October 2013.<ref name="gibraltarlaws.gov.gi"/><ref>{{cite web|url=http://www.gibraltarlaws.gov.gi/articles/2013-21.pdf|title=Criminal Justice (Amendment) Act 2013|access-date=27 May 2018|archive-url=https://web.archive.org/web/20160121154702/http://www.gibraltarlaws.gov.gi/articles/2013-21.pdf|archive-date=21 January 2016|url-status=dead}}</ref>
In July 2021, the Gibraltar Justice Ministry is investigating a proposal for introducing new laws "tackling lurking homophobia". The move was revealed in Parliament by Chief Minister [[Fabian Picardo]] and comes against the backdrop of “disgusting lurking homophobia” on [[social media]] as a result of initiatives and events to mark Pride month earlier this year. “The Government will not accept the continued homophobia we are seeing,” Mr Picardo said. “The Government will therefore monitor whether it may be necessary to further bolster our legislation to make it a specific criminal offence to denigrate a person as a result of their sexual orientation.”<ref>{{Cite web|url=https://www.chronicle.gi/ministry-for-justice-considers-legislation-to-tackle-disgusting-lurking-homophobia/|title = Ministry for Justice considers legislation to tackle 'disgusting lurking homophobia'}}</ref>
==Summary table==
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| [[File:Yes check.svg|15px|Yes]] (Since 2014)
|-
|
| [[File:Yes check.svg|15px|Yes]] (Since 2014; Codified in 2024)
|-
| LGBT people allowed to serve in the military
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| [[File:Yes check.svg|15px|Yes]] (Since 2017)
|-
| Altruistic surrogacy for
| [[File:Yes check.svg|15px|Yes]] (Since 2021)
|-
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==See also==
{{Portal|LGBT|Gibraltar}}
* [[Lesbianism in Gibraltar]]
* [[LGBT rights in Europe]]
* [[LGBT rights in the United Kingdom]]
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{{DEFAULTSORT:Lgbt Rights In Gibraltar}}
[[Category:LGBT rights in Gibraltar| ]]
[[Category:
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