2019 finished with Brexit at centre stage, and 2020 was poised to follow its lead. 11 months on, and the world has been gripped by a pandemic, with Brexit slowly slipping further into the shadows. Yet, by 31 December 2020 the UK will have officially left the European Union (EU), marking the end of the transition period, and potentially throwing the rights of the LGBT+ community into disarray.  

The UK narrowly voted to leave the EU on 23 June 2016 and officially left the EU on 31 January 2020. This marked the end of a union that had lasted over forty years and initiated the transition period, which will end on 31 December 2020. Much of the rhetoric that has surrounded the Brexit discussions has focused on policies regarding migration and trade—reflecting the “Leave” campaign’s manifesto. However, a largely-unconsidered potential repercussion of Brexit is the impact it could have on the rights of the LGBT+ community.

THE EU AND LGBT+ RIGHTS IN THE UK

The uncomfortable truth is that many of the rights the LGBT+ community have exercised and benefited from in the UK were only incorporated into UK law because of the EU. Prior to the 2010 Equality Act, the majority of LGBT+ rights in the UK were recognised as a result of EU law. A critical turning point for LGBT+ rights came in 2000 with the EU Charter of Fundamental Rights. The Charter outlawed discrimination on the grounds of sexual orientation and in 2009 became legally binding, applying to every state in the EU. At the end of the transition period on 31 December 2020, all EU law is to become UK law, except the EU Charter. 

The loss of the EU Charter poses a potential threat to the LGBT+ community and could impact generations to come. The EU will no longer pose a barrier to the UK Parliament’s amending or imposing new legislation. Consequently, rights that were once held and protected by the EU could be amended for the worse by Parliament. Without the protection of the EU, theoretically, the Equality Act could be diluted or undermined by new legislation, which would then take precedence over prior acts of law. These concerns are heightened further when considering that much of the Leave campaign’s rhetoric centred on the “imposition” of laws from the EU. The UK’s Human Rights Act (HRA), which sets out the fundamental rights to which everyone in the UK is entitled, may prevent this from happening; however, this is not guaranteed, and the UK government has already called for the potential review of the HRA. 

THE POTENTIAL REPERCUSSIONS OF BREXIT

Ultimately, the EU Charter protected the LGBT+ community and the right to equality, a protection that will be lost by the end of the year. The government could alleviate these concerns by committing to replacing the EU Charter, however it has chosen not to do so. 

Of course, the new level of localised control of the UK government could lead to an improvement in LGBT+ rights, if the UK chose to wield this change for such means. Unfortunately, history suggests that this will not be the case. Historically, the UK’s approach towards the LGBT+ community has not been one to be admired. Section 28 of the Local Government Act, which was enacted in 1988 under Prime Minister Margaret Thatcher, notoriously detailed that a local authority “shall not intentionally promote homosexuality” or “promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship”. This act was only repealed in 2003. Boris Johnson’s government has also put trans-rights, including the Gender Recognition Act reform, low down on its list of priorities. This only adds to the Conservative party’s unreliable political record on voting for LGBT+ rights.

Despite the UK’s questionable history, notable steps towards equality for LGBT+ rights in the UK have to be acknowledged. In 2004, the Civil Partnership Act permitted same-sex couples to formalise their relationship for the first time. In 2014, this step was taken further when marriage equality was gradually achieved in England, Wales, and Scotland, with Northern Ireland achieving equality in 2020.

THE WAY FORWARD

Ultimately, the LGBT+ community needs the UK government to commit to replacing the EU Charter to protect their rights. Homophobic attacks in the UK rose by 147% in the three months after the Brexit vote. Other regressions in LGBT+ rights are taking place. With the increasing institutional homophobia displayed in other states like Poland this year, this potential threat to LGBT+ rights within the UK must be taken seriously. As 2020 comes to a close, it is essential to cast a spotlight onto the rights of the LGBT+ community to ensure that the right to equality is not violated or dismantled. The UK will leave the EU, but the LGBT+ community must not be left behind.

Amy is a Psychology graduate from Heriot Watt University, Edinburgh. She is particularly interested in International Human Rights, and Social Justice issues concerning the LGBT+ community, women and children.

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