What does Brexit mean for LGBT+ Britain?

I write this article at a time of great turmoil for the LGBT+ community in the United Kingdom. On 12 June 2016, we became aware that 49 of our LGBT+ brothers and sisters in Orlando, Florida, were murdered in the largest mass shooting America has ever known. Many of us will have since attended vigils to show our respects to those who, through nothing more than seeking to enjoy a night out among friends, lost their life at the Pulse nightclub.

Compounding this, a majority of the United Kingdom has voted to leave the European Union (although it must be stated that a starkly contrasting outcome has been yielded from the electorate here in Scotland, and that of Northern Ireland).

So what does Brexit mean for LGBT+ equality, and the entrenchment of respect and equality for LGBT+ people in the United Kingdom?

Although it could be argued that the recent major developments in LGBT+ equality have been secured through our national governments, the EU has always existed to enhance our rights, and to uphold them where our national governments fail to do so. For example, the European Convention on Human Rights codifies and underpins our guaranteed rights and fundamental freedoms in Europe.

Furthermore, the European Court of Justice has served as an additional ally for LGBT+ rights in Europe. For example, in 2003, it upheld the case of a British woman who was dismissed from employment after undergoing gender reassignment surgery, against the arguments presented by the UK Government. This particular case subsequently obligated the British Government to include a specific clause in its Sex Discrimination Act in relation to gender reassignment, thus providing a small, but arguably notable, level of protection for transgender people that the UK Government may have otherwise failed to provide for, had it acted alone.

However, where we may look to what protection the EU offered the LGBT+ community at home in the United Kingdom, we may also examine what opportunities Britain’s membership offered the LGBT+ community in Europe. ILGA Europe’s Rainbox Index has frequently situated the United Kingdom towards the top of its ranking for being one of the most progressive nations in Europe in terms of LGBT+ equality. What this offered us as a comparatively progressive nation was the opportunity to act as a sanctuary for LGBT+ nationals from other European Union Member States who may not have experienced the same level of acceptance and tolerance in their home nation as they may have done in the United Kingdom.

In addition to this, one of the greatest opportunities our European Union Membership afforded us was to disseminate our good practice to other Member States, and to transfer the advancements we have made in recent years in the United Kingdom to our European brothers and sisters by contagion. For example, subsequent to the the governments of the United Kingdom and Scotland legislating separately for marriage equality in their respective countries, we have recently witnessed Italy, a country where religion continues to play a strong role upon public opinion, follow suit. It could have been argued that such action would have been unthinkable had Italy not been influenced by the path towards greater equality which had been carved out by its European neighbour.

At home, the way in which the LGBT+ community is most vulnerable to a detrimental impact from Brexit would be the potential loss of workplace rights and equality which had been codified by European legislation. The resignation of David Cameron as Prime Minister, and the possibility that he may be replaced from within the Conservative Brexit camp, who frequently denounced European legislation as being too burdensome and bureacratic, could see these protections being repealed. However, this author would suggest that we should treat these concerns with caution, as not only would a a future Brexit-favouring government face pressure from within its own party, should it seek to repeal these protections, but it would also be at the mercy of the entire House of Commons and the country, due to the great strides forward the country has made in LGBT+ equality over recent years.

What about the Human Rights Act? This is legislation which the Conservatives have proposed replacing with a so-called ‘British Bill of Rights’; however, up until this point, they have been deterred from doing so due to the pressure which they have faced from other parties, who, along with large sections of the United Kingdom, cherish this legislation and the protections it brings. Should a Brexit-favouring Conservative Government ascend to power and, motivated by their success in leading the UK out of the European Union, seek to smash a wrecking ball through our Human Rights Act, it is likely that they will face resistance in the strongest possible terms from opposition parties.

Whilst the above will the LGBT+ community reasons for concern, it is important to be vigilant, and alert to the possibility that they may come to pass.

Over the coming weeks, a number of Pride demonstrations will be taking place the length and breadth of our country. Some may in the past have argued that these are no longer necessary, given the progress which has been made in our country in recent years. However, I would like to suggest the following: this year, our Pride demonstrations are more important than ever. We need them in order to exhibit our cohesion as a community, our tolerance for each other, and the world as a whole, and also to stand up for the rights which we have progressively won over recent years.

Love wins, and we won’t allow anything to change that.

Daniel tweets at @danieldjones