LGBT+ Legal Milestones in the UK: Progress and Persecution

The legal history of LGBT+ people in the UK is a story of both persecution and profound change. From the criminalisation of same-sex relationships in the nineteenth century to marriage equality and modern anti-discrimination protections, the law has been a powerful force in shaping lived experience. Progress has not been linear. Periods of reform have often been followed by backlash, and legal recognition has not always translated into lived equality. In recognition of LGBT+ History Month, we explore the cases and statutes that have defined, and continue to shape, this evolving landscape.

A Chronology of Criminalisation, Resistance and Legal Recognition

1861 Offences Against the Person Act

“Buggery” is criminalised in England, Wales and Ireland. Sexual acts between men becomes punishable by imprisonment. Sexual acts between women are not addressed in statute, leaving relationships between women outside legal recognition or protection.

1885 Criminal Law Amendment Act

Section 11 introduces the offence of “gross indecency,” dramatically widening the scope for prosecution. The provision enables thousands of convictions, including that of Oscar Wilde in 1895. The law permits prosecution for private conduct, creating a distressing encroachment on queer individual’s private lives.

Late 19th–20th Century Policing and Surveillance

Criminalisation operated not only through statute but through active policing. Raids on venues, arrests in public spaces and entrapment were common throughout the twentieth century. Enforcement disproportionately affected working-class men and men of colour.

1967 Sexual Offences Act

Consensual sex between men over 21 is partially decriminalised in England and Wales. The reform is limited; the age of consent remains unequal, and the legislation does not extend to Scotland or Northern Ireland.

1980 Criminal Justice (Scotland) Act

Scotland decriminalises consensual same-sex acts between men.

1981 Dudgeon v United Kingdom

The European Court of Human Rights rules that Northern Ireland’s criminalisation of homosexuality violates Article 8 of the Convention. The Court confirms that moral disapproval alone cannot justify criminal punishment.

1982 Homosexual Offences (Northern Ireland) Order

Consensual sex between men is decriminalised in Northern Ireland. The age of consent remains higher than for heterosexual acts.

Criminalisation and Colonialisation

Although decriminalisation advanced domestically, British colonial-era penal codes had exported similar criminal prohibitions across the Commonwealth. As of 2026, approximately 65–70 countries still criminalise same-sex sexual relations, many under laws derived from British legislation. In 6 countries, capital punishment remains for consensual same-sex acts. The legal legacy of British criminalisation remains global.

1988 Section 28

Section 28 of the Local Government Act 1988 prohibits local authorities from “promoting homosexuality” or presenting it as a legitimate family relationship. The provision has distressful implications in schools and public institutions. It is repealed in Scotland in 2000 and in England and Wales in 2003.

1990–1991 Continued Prosecutions

Even in the years immediately preceding reform, criminal law remained actively enforced:

• 1990: 455 prosecutions, 342 convictions
• 1991: 213 prosecutions, 169 convictions.

Criminalisation was not symbolic, it was operational.

1996 P v S and Cornwall County Council

The European Court of Justice holds that dismissing someone due to gender reassignment constitutes unlawful sex discrimination. This marks a foundational step toward workplace protections for trans people.

1997 Sutherland v United Kingdom

The European Commission of Human Rights finds the higher age of consent unjustifiable under the Convention. The decision places pressure on Parliament to equalise age thresholds.

1999 Smith and Grady v United Kingdom

The European Court of Human Rights rules that the ban on LGBT+ personnel serving in the armed forces violates Article 8. The policy is lifted, allowing service members to serve openly.

1999 Fitzpatrick v Sterling Housing Association Ltd

The House of Lords recognises that a same-sex partner can constitute “family” for tenancy succession purposes. The decision signals judicial acknowledgment of same-sex relationships within domestic law.

2000 – Sexual Offences (Amendment) Act

The age of consent is equalised at 16 across the UK. Parliament formally removes discriminatory criminal thresholds.

2002 Goodwin v United Kingdom

The European Court of Human Rights holds that the UK’s refusal to legally recognise a trans woman’s gender violates Articles 8 and 12 of the Convention. The judgment affirms that legal recognition of identity is a matter of human dignity.

2004 Gender Recognition Act

Trans people gain the ability to obtain legal recognition of their affirmed gender through a Gender Recognition Certificate. Though this represents progress, the process is bureaucratic and medicalised. The Gender Recognition Act is subject to ongoing calls for reform.

2004 Civil Partnership Act

Same-sex couples gain formal legal recognition across the UK, including rights relating to property, pensions and inheritance.

2010 Equality Act

The Equality Act consolidates anti-discrimination protections, explicitly protecting sexual orientation and gender reassignment.

2010 HJ (Iran) and HT (Cameroon)

The Supreme Court rules that asylum seekers cannot be expected to conceal their sexual orientation to avoid persecution. Living openly is affirmed as a fundamental right. This is a vital protection for LGBT+ people seeking refuge in the UK.

2013 Marriage (Same Sex Couples) Act

Same-sex marriage becomes lawful in England and Wales (Scotland follows in 2014; Northern Ireland in 2020). Marriage equality represents a profound shift in social and legal recognition.

2024 – Scotland and Conversion Practices

The Scottish Parliament commits to introducing legislation prohibiting conversion practices aimed at changing or suppressing sexual orientation or gender identity, this was following a public consultation in 2024. The law will aim to prohibit the documented psychological harm associated with such practices. Scotland has not yet enacted a final legislative ban.

While successive UK governments have committed to banning conversion practices, comprehensive UK-wide legislation has not yet been enacted.

2025 For Women Scotland Ltd v The Scottish Ministers

The UK Supreme Court interprets “sex” under the Equality Act 2010 as referring to biological sex. The judgment has prompted renewed debate regarding the scope of gender recognition protections. It represents, for trans individuals, a narrowing of their civic rights. It has caused fear and distress in the LGBT+ community.

The Current Landscape

Despite significant legislative progress:

• Police recorded over 30,000 hate crimes based on sexual orientation and several thousand targeting transgender identity in England and Wales in recent years.
• Research consistently indicates that LGBT+ people experience higher rates of depression, anxiety and suicidal ideation compared to the general population, often linked to discrimination and exclusion.
• Trans people face multi-year waiting lists for NHS gender identity services in many regions.
• LGBT+ young people are disproportionately represented among those experiencing homelessness, frequently linked to family rejection.

While legal recognition has advanced, increased anti-trans rhetoric, policy debate and reported hate crime demonstrate that equality in statute does not always translate into equality in lived experience.