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LGBTQ rights in Wales

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LGBTQ rights in Wales
Wales (dark green) within the United Kingdom (light green)
Legal statusLegal since 1967 with unequal restrictions, age of consent equalised in 2001, restrictions removed in 2003
Gender identityRight to change legal gender since 2004
MilitaryLGBTQ people allowed to serve openly since 2000
Discrimination protectionsSexual orientation and gender identity protections
Family rights
Recognition of relationshipsCivil partnerships since 2005
Same-sex marriage since 2014
AdoptionFull adoption rights since 2005

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Wales are generally in line with the rest of the United Kingdom, which have evolved extensively over time.

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The Buggery Act 1533 prohibited anal sex with individuals committing the offence subject to a death sentence in England.[1] The Laws in Wales Acts 1535 and 1542 extended all acts of the Parliament of England to Wales.[2] The Offences Against the Person Act 1861 replaced this with a minimum of ten years' imprisonment.[1]

The Labouchère Amendment, contained within the Criminal Law Amendment Act 1885, criminalised gross indecency between two men, covering all sexual acts between men short of anal sex.[3][1] The Sexual Offences Act 1956 consolidated and replaced existing legislation concerning sexual offences.[4]

The Sexual Offences Act 1967 decriminalised homosexual acts between two men in private England and Wales.[5] The act did not enable three or more men having sex together in private.[5] The Criminal Justice and Public Order Act 1994 lowered the age of consent for sex between two men from 21 to 18.[6] The Sexual Offences (Amendment) Act 2000 reduced the age of consent for sex between two men from 18 to 16.[7] Sexual Offences Act 2003 removed the restriction on three or more men having sex in private.[8]

Recognition of same-sex relationships

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Civil partnerships

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The Civil Partnership Act 2004 enabled same-sex couples in England and Wales to have civil partnerships.[9] The first civil partnership ceremonies in Wales took place in December 2005.[10]

Same-sex marriage

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The Nullity of Marriage Act 1971 explicitly prohibited marriages for same-sex couples.[11]

The Marriage (Same Sex Couples) Act 2013 enabled same-sex couples in England and Wales to have marriages.[12] The first same-sex weddings in Wales took place in March 2014.[13]

Adoption and parenting rights

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Historically only married couples could adopt children, and same-sex couples and single people were able to adopt. The Adoption and Children Act 2002 enabled unmarried couples, same-sex and otherwise, to adopt children.[14]

Discrimination protections

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The Equality Act 2010 prohibits discrimination, harassment and victimisation on the basis of has covered gender reassignment, marriage and civil partnership, and sexual orientation alongside a collection of other characteristics.[15][16] The act outlaws discrimination, harassment and victimisation on the basis of perception and on the basis of association.[15][17]

Gender recognition certificates

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Under the Gender Recognition Act 2004, transgender people in Wales may apply for a gender recognition certificate.[18]

In 2023, the Welsh Government formally requested that the Senedd be given the powers to reform the process as it applies to Wales.[19][20] The Secretary of State for Wales rejected this request.[20]

Transgender health care

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Historically, adult patients in Wales were referred to clinics in London to receive transgender health care.[21] The Welsh Gender Service was established in 2019 to provide access to certain transgender health care for patients without having to England.[22] As of 2026, patients are still referred to England for gender-affirming surgery.[23] The clinic is run by Cardiff and Vale University Health Board.[23]

As of 2024, Wales does not have a gender clinic for children with such patients continuing to have to travel to England.[24]

School bullying and school support for LGBTQ pupils

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Schools and colleges have been repeatedly criticised by Estyn, the education inspectorate, for not supporting their LGBTQ pupils and for homophobic, biphobic and transphobic bullying being normalised.[25][26][27]

In 2023, the Welsh Government published guidance for schools for supporting transgender pupils.[28]

Blood donation by men who have sex with men

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Historically, the National Blood Authority had a lifetime ban on men who have sex with men from donating blood, in response to the HIV/AIDS epidemic.[29]

The Welsh Blood Service was established in 1999, but only covering South Wales.[30] In 2016, the remit of the Welsh Blood Service was expanded to include North Wales.[30][31]

In 2011, the lifetime ban was reduced to a period of 12 months of abstention from sex.[32] In 2017, the required period of abstention was reduced to three months.[33] In 2021, the Welsh Blood Service established fully gender-neutral eligibility criteria, with anyone who has had anal sex with new or multiple partners in the last three months being required to wait three months to donate.[34]

Hate crime laws

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Under the Crime and Policing Act 2026, hate crimes which target individuals based on their sexual orientation or gender reassignment are aggravated offences.[35]

Sex education

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Section 28 of the Local Government Act 1988 stated that local education authorities should not "intentionally promote homosexuality or publish material with the intention of promoting homosexuality".[36] This was repealed by the Local Government Act 2003.[37]

Sex education is now mandatory for children under the Curriculum for Wales, without a right for parents to withdraw their children.[38] The new curriculum contains content on gender identity and sexuality.[39] The policy was unsuccessfully legally challenged.[40]

Estyn has criticised schools for providing inconsistent sex education.[39]

Living conditions and culture

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In 1985, the first pride march in Cardiff happened.[41] Since 1999, Pride Cymru, a pride march in Cardiff, has occurred annually.[42]

The BBC has reported that a number of speakers of the Welsh language have adopted nhw as a gender-neutral pronoun for people with non-binary gender.[43]

See also

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References

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  1. 1 2 3 Sefton-Minns, Lydia; Johnson, Martin H (23 February 2024). "Attitudes to Male Homosexuality Within the British Medical Association in the 1950s". Journal of Homosexuality. 71 (3): 545–573. doi:10.1080/00918369.2022.2131131. ISSN 0091-8369.
  2. ↑ "Profile: Wales". BBC News. 11 January 2012. Retrieved 30 August 2026.
  3. ↑ Fize, William (2020). "The Homosexual Exception? The Case of the Labouchère Amendment". Cahiers victoriens et édouardiens. 91 Printemps. doi:10.4000/cve.7597. ISSN 0220-5610.
  4. ↑ James M., Donovan (2022). "United Kingdom's Sexual Offences Act Becomes Law". EBSCO. Retrieved 30 August 2026.
  5. 1 2 Tatchell, Peter (27 November 2017) [2017-05-23]. "Don't fall for the myth that it's 50 years since we decriminalised homosexuality". The Guardian. Retrieved 30 August 2026.
  6. ↑ Thorp, Arabella (19 June 1998). "'Age of Consent' for Male Homosexual Acts" (PDF). House of Commons Library. Retrieved 30 August 2026.
  7. ↑ "MPs back gay sex at 16". BBC News. 10 February 2000. Retrieved 30 August 2026.
  8. ↑ Batty, David (23 November 2003). "Q&A: Sex Offences Act". The Guardian. Retrieved 30 August 2026.
  9. ↑ Hayfield, Nikki; Jones, Bethan; Carter, Julia; Jowett, Adam (June 2024). "Exploring Civil Partnership From the Perspective of Those in Mixed-Sex Relationships: Embracing a Clean Slate of Equality". Journal of Family Issues. 45 (8): 1925–1948. doi:10.1177/0192513X231194298. ISSN 0192-513X.
  10. ↑ "Tolerance plea on gay partnership". BBC News. 21 December 2005. Retrieved 30 August 2026.
  11. ↑ Tatchell, Peter (28 March 2014). "Gay Marriage Ban Imposed Only in 1971 - Now It's History!". The Huffington Post. Retrieved 30 August 2026.
  12. ↑ "Gay marriage: MPs back bill despite Conservative backbench opposition". BBC News. 5 February 2013. Retrieved 30 August 2026.
  13. ↑ Turner, Camilla (30 March 2014) [2014-03-29]. "Historic day as couples become some of Wales' first gay newlyweds". Wales Online. Retrieved 30 August 2026.
  14. ↑ "MPs back gay adoption". BBC News. 17 May 2002. Retrieved 29 August 2026.
  15. 1 2 "New equality rights in workplace come into force". BBC News. 1 October 2010. Retrieved 29 August 2026.
  16. ↑ Deans, David (18 April 2024) [2024-04-17]. "Warning Senedd gender equality bid may be unlawful". BBC News. Retrieved 29 August 2026.
  17. ↑ Mehta, Rita (20 October 2010). "Legal Opinion: Association and perception under the Equality Act 2010". Personnel Today. Retrieved 30 August 2026.
  18. ↑ "Changes to gender recognition laws ruled out". BBC News. 22 September 2020. Retrieved 29 August 2026.
  19. ↑ "Mark Drakeford backs Scottish gender recognition move". BBC News. 10 January 2023. Retrieved 29 August 2026.
  20. 1 2 "Welsh Government to seek devolution powers to simplify gender recognition". ITV News. 7 February 2023. Retrieved 30 August 2026.
  21. ↑ "Wales' first transgender healthcare clinic set for Cardiff". BBC News. 25 August 2017. Retrieved 29 August 2026.
  22. ↑ "First Welsh gender identity clinic to open in September". 8 July 2019.
  23. 1 2 Bourne, Nicholas (29 August 2026). "Wales NHS gender surgeries paused for review into referral numbers". BBC News. Retrieved 29 August 2026.
  24. ↑ Barker, Miriam (2 March 2024). "Transgender children in Wales need more help - campaigners". BBC News. Retrieved 29 August 2026.
  25. ↑ Barker, Miriam (15 October 2020). "LGBT pupils in Wales 'need better support' from schools". BBC News. Retrieved 29 August 2026.
  26. ↑ "LGBTQ+: Homophobic abuse 'normalised' in primary schools". BBC News. 9 February 2022. Retrieved 30 August 2026.
  27. ↑ Mills, Jen (24 March 2015). "Schools struggle to monitor LGBT bullying, report reveals". South Wales Argus. Retrieved 29 August 2026.
  28. ↑ Lewis, Bethan (22 April 2023). "Welsh schools to get guidance on supporting transgender pupils". BBC News. Retrieved 29 August 2026.
  29. ↑ "Ban on gay men giving blood to be lifted". The Guardian. 8 September 2011. Retrieved 29 August 2026.
  30. 1 2 Poole, G. D. (June 2017). "The Welsh Blood Service – 70 years of continuous change". Transfusion Medicine. 27 (3): 159–166. doi:10.1111/tme.12401. ISSN 0958-7578.
  31. ↑ "All-Wales Blood Service to be launched in May 2016". BBC News. 8 July 2015. Retrieved 29 August 2026.
  32. ↑ "Gay men blood donor ban to be lifted". BBC News. 8 September 2011. Retrieved 29 August 2026.
  33. ↑ "Wales eases blood donation rules in line with other parts of UK". 27 August 2017 [2017-08-02]. Retrieved 29 August 2026.
  34. ↑ "Blood donation: Gay couple 'thrilled' after rules change". BBC News. 14 June 2021. Retrieved 29 August 2026.
  35. ↑ Rose, Beth (16 February 2026). "Disability and LGBT hate crimes set to become aggravated offences".
  36. ↑ "Section 28: Schools 'still have anti-gay policies', claim humanists". BBC News. 21 August 2013. Retrieved 29 August 2026.
  37. ↑ "Section 28 to be repealed". BBC News. 18 September 2003. Retrieved 29 August 2026.
  38. ↑ "Sex education: Wales' curriculum legal challenge launched". BBC News. 16 November 2022. Retrieved 29 August 2026.
  39. 1 2 Lewis, Bethan (1 July 2026). "Sexuality and gender teaching in Welsh schools is inconsistent, watchdog says". BBC News. Retrieved 30 August 2026.
  40. ↑ Morris, Steven (22 December 2022). "Parents in Wales lose legal fight against 'woke' sex education in primary schools". The Guardian. Retrieved 30 August 2026.
  41. ↑ "Cardiff Pride march - and how it took its first steps in 1985". BBC News. 20 June 2020. Retrieved 29 August 2026.
  42. ↑ Barker, Miriam (22 June 2024) [2024-06-21]. "From a stage in a lorry to party of 50,000". BBC News. Retrieved 29 August 2026.
  43. ↑ Hoskin, Rowenna (5 January 2023). "Welsh language: Non-binary speakers want gender-neutral help". BBC News. Retrieved 30 August 2026.
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