Something overlooked in much discourse and media coverage in relation to Brexit is how it will impact LGBTQ+ people in the UK and, as a result, those in Northern Ireland. It is important to recognise the European dimension in work towards equality in Northern Ireland. That’s why European Movement Ireland is examining how Brexit will impact equality and rights to the LGBTQ+ community.

The Dudgeon v United Kingdom decision by the European Court of Human Rights in 1981 was a landmark case for equality. Jeffrey Dudgeon, one of Northern Ireland’s earlier prominent gay rights activists, successfully challenged two pieces of UK legislation from 1861 and 1885 that criminalised private consensual male homosexual activity.

Dudgeon argued that these acts violated Article VIII of the European Convention on Human Rights (ECHR), to which the European Court of Human Rights ruled in his favour, by 15 votes to four. As a result, male homosexual sex was decriminalised in Northern Ireland in October 1982. (Note: the ECHR and the European Court of Human Rights are separate to the EU and part of the older Council of Europe.)

While this did not transform attitudes towards LGBTQ+ people overnight, it was an important stepping stone on the road to equality, where attitudes have changed since that ruling.

Research by the Northern Ireland Life and Times (NILT) survey has found that the percentage of respondents who believe that sexual relations between two adults of the same sex is ‘always wrong’ has declined significantly over time. From a high of 80% agreeing with the statement in 1989, it has dropped contentious to 25% in 2018. In that time, the EU has supported the development of LGBTQ+ rights.

Currently, Article 21 of the EU’s Charter of Fundamental Rights explicitly bans discrimination based on sexual orientation. Additionally, the EU can introduce legislation to combat this type of discrimination under Article 19 of the Treaty on the Functioning of the European Union. For example, since the year 2000, discrimination based on sexual orientation in the workplace is prohibited under Directive 2000/78/EC, in relation to applying for a job, workplace bullying, being denied a promotion or receiving training, to name a few.

However, the scope for EU legislative action here is constrained. The EU has limited legal responsibilities in areas that LGBTQ+ people face the most vulnerability, such as in social protection, healthcare, education, family law and marital status, to name a few. These all largely fall under the responsibility of Member States, which are at varying levels of equality across them.

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