ABSTRACT
This chapter begins by setting out the international and domestic legislative framework, noting the ratification of relevant international treaties, conventions or protocols, and considers any relevant observations made in international human rights reports. It examines the functioning of contemporary domestic law in relation to sexual orientation and gender identity. Centuries of Church/State solidarity regarding the need to recognise the existence of same-sex relationships, solely for the purposes of the criminal prosecution of the parties involved, ended in England and Wales with the Sexual Offences Act 1967. The Women and Equalities Committee has drawn attention to the fact that “trans people feel strongly that the provision on spousal consent under the Marriage Act 2013 gives spouses an effective ‘veto’ on gender recognition”. The European Court of Human Rights hears complaints alleging violations of rights enshrined in the Convention and its protocols. In making its determinations, the court is guided by principles such as “proportionality” and “compatibility with democracy”.
