LGBT rights in Malta

LGBT rights in Malta
Location of  Malta  (dark green) – in Europe  (light green & dark grey) – in the European Union  (light green)  –  [Legend]
Same-sex sexual activity legal?	Legal since 1973
Gender identity/expression	May change the indication of sex in official documentation
Military service	Gays and lesbians allowed to serve openly
Discrimination protections	Yes (both sexual orientation and gender identity)
Family rights
Recognition of relationships	Civil unions since 2014
Adoption	Yes, as individuals and jointly if in a civil union

Lesbian, gay, bisexual and transgender (LGBT) rights in Malta have evolved significantly over the course of the last decades. Both male and female same-sex sexual activity have been legal in Malta since 1973.

Gender identity and intersex protection laws in Malta are of the highest standard in the world under the Gender Identity, Gender Expression And Sex Characteristics Act. A law passed creating civil unions equal to marriage in all but name, with the same rights and obligations including joint adoption rights, was enacted in April 2014. However, same-sex marriage and both IVF and surrogacy access are still banned for same-sex couples.

In October 2015, the European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe) ranked Malta 1st in terms of LGBT rights out of 49 observed European countries.

History

See also: LGBT social movements

As a British colony, Malta adopted the penal code of Great Britain which criminalised same-sex relations between men. There are examples of individuals caught out by the law - including the lawyer, Guglielmo Rapinett who was arrested for lewd behaviour in the 19th century while trying to seduce a guard. Only in 1973 did the Labour government decide to change Malta's laws to match those of Western Europe.

The Malta Gay Rights Movement (MGRM), founded in 2001, is a socio-political non-governmental organisation that has as its central focus the challenges and rights of the Maltese LGBT community.

In February 2008, MGRM organised and presented a petition to parliament asking for a range of measures to be introduced to protect them through the law. The petition was signed by more than 1,000 people and asked for legal recognition of same-sex couples, an anti-homophobic bullying strategy for the island nation's schools and new laws targeting homophobic and transphobic crimes. The petition received the backing of Alternattiva Demokratika. Harry Vassallo, its leader, said that the recognition of gay rights would be a step forward.

In October 2009, George Abela, the president of Malta, met with the board of the European Region of ILGA at the presidential palace as the group prepared to open its 13th annual conference in Malta. Abela agreed that information and education were important in tackling discrimination and fostering acceptance of differences and that Malta has seen progress in LGBT acceptance. He was said that "love is the most important thing there is and it can't be 'graded' based on sexual orientation". It the first time a head of state met with ILGA-Europe members during one of the group's annual conferences.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Malta since January 1973. The age of consent is equal at 18 for all.

Gender identity/expression

See also: Legal aspects of transsexualism

In September 2006, Joanne Cassar, a transgender woman, was denied the right to marry her partner. In 2007 a judge in Malta ordered government officials to issue her the appropriate documentation. The Director of Public Registry successfully contested that ruling in May 2008. Cassar filed a constitutional application in the First Hall of the Civil Court charging a violation of her fundamental human rights. She won that case initially, but lost on appeal in 2011. In April 2013, she reached a settlement with the government that included financial compensation in addition to promised statutory changes. A leader of the Nationalist Party apologised for its part in contesting Cassar's right to marry.

In April 2014, Malta became the first European state to add recognition of gender identity to its constitution as a protected category.

In April 2015, Malta became the first country in the world to outlaw sterilisation and invasive surgery on intersex people. Also applicants can change their gender identity documents by simply filing an affidavit with a notary, eliminating any requirement for medical gender reassignment procedures under the Gender Identity, Gender Expression And Sex Characteristics Act.

In November 2015, the Minister of Home Affairs informed that 40 people have legally changed their gender since enactment of the law mentioned above.

Recognition of same-sex relationships

Main article: Recognition of same-sex unions in Malta

On 28 March 2010, Prime Minister Lawrence Gonzi announced that the Government was working on a bill to regulate cohabitation—which would include rights for same-sex couples.

Following a campaign promise during the 2013 elections the Minister for Social Dialogue, Consumer Affairs, and Civil Liberties of the newly elected Labour government announced that the government was entering consultations for a bill granting civil unions to same-sex couples, with the bill presented in Parliament on 30 September 2013.

The Civil Unions Bill, which gives LGBT couples rights equivalent to marriage, including the legal right to adopt children jointly, under the legal name civil union rather than marriage, was debated in October 2013 and approved at the third reading on 14 April 2014. President Marie Louise Coleiro Preca signed it into law on 16 April 2014.

Religious blessing of same-sex unions

A Roman Catholic Dominican priest, acting contrary to church guidelines, blessed the rings of a gay male couple in an engagement ceremony in April 2015.

Public opinion

Polls have indicated a quick and drastic shift in public opinion on LGBT rights in Malta.

The 2006 Eurobarometer survey found that 18% of the population supported same-sex marriage whereas 73% were against (63% totally against). Adoption by same-sex couples was supported by 7% and opposed by 85% (76% totally opposed).

In June 2012, a poll commissioned by MaltaToday news website found that support for same-sex marriage had increased significantly, with 41% of the population in favour of same-sex marriage and 52% against it. The 2012 data also showed a generational gap, with only 23% of people older than 55 supporting the legalisation of same-sex marriage while 60% of those aged 18–35 did so.

The 2015 Eurobarometer found a majority of 65% in favour of same-sex marriage, with 29% against. This was the largest increase in support of any country surveyed in the Eurobarometer compared to the 2006 results.

Adoption, Surrogacy and IVF

Maltese law grants adoption rights to married couples and single persons, including individual gays and lesbians. Since April 2014, same-sex couples in a civil union can jointly adopt.

Surrogacy is illegal regardless and IVF access for single women and lesbians is illegal under the Embryo Protection Act 2012.

On 7 September 2015, Prime Minister Joseph Muscat announced that the government will introduce the bill to allow IVF access for female same-sex couples, among others.

Discrimination protections

Since 2004, Malta has a ban on anti-gay discrimination in employment, in line with European Union requirements. Anti-discrimination protections were expanded in June 2012.

In June 2012, the parliament amended the Criminal Code to prohibit hate crimes based on sexual orientation and gender identity.

On 14 April 2014, the Parliament of Malta unanimously approved a bill which amends the Constitution to add protection from discrimination on the basis of sexual orientation and gender identity. It was signed by the President on 17 April 2014.

On 10 December 2015, the government launched the public consultation on a draft of the comprehensive Equality Act, and on the bill to establish the Human Rights and Equality Commission.

Sexual orientation conversion therapy

On 16 June 2015, Civil Liberties Minister Helena Dalli announced that the governments plans to introduce the bill to ban sexual orientation or gender identity conversion therapy on minors. On 15 December 2015, Dalli presented the bill for its first reading in Parliament. The public consultation of the bill was launched the same day and will last until 15 January 2016.

Living conditions

In July 2007, Malta's Union of Teachers threatened to publish the details of four attempts to oust gay and lesbian teachers from Roman Catholic school posts. According to the union, Church schools were under pressure from parents to fire the teachers, leading to four interventions in the past five years.

There are a few gay clubs in Floriana, including Tom Bar, which is the oldest gay club in Malta, as well as Monaliza in Paceville and Valletta.

In 2015 the donation of reading material by the MGRM, that contained the teaching of diverse families including gay parenting, to the education department caused some controversy. The education minister took a position not to distribute the material, questioning both directly inclusion and indirectly discrimination.

Summary table

Same-sex sexual activity legal	(Since 1973)
Equal age of consent	(Since 1973)
Anti-discrimination laws in employment	(Since 2004)
Anti-discrimination laws in the provision of goods and services	(Since 2012)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2012)
Recognition of same-sex couples (e.g. civil unions)	(Since 2014)
Same-sex marriage	/ (same-sex marriage from abroad is recognized since 2014)
Adoption by single LGBT person	(Since 2008)
Step-child adoption by same-sex couples	(Since 2014)
Joint adoption by same-sex couples	(Since 2014)
Gays and lesbians allowed to serve openly in the military	(Since 2002)
Right to change legal gender	(Since 2015)
Intersex minors protected from invasive surgical procedures	(Since 2015)
Sexual orientation and gender identity conversion therapy on minors banned	(Pending)
Access to IVF for lesbian couples	(Pending)
Access to surrogacy for gay male couples	(surrogacy banned regardless of sexual orientation)
MSMs allowed to donate blood

See also

• Politics of Malta
• LGBT rights in Europe

External links

• Malta Gay Rights Movement
• Library of Articles on Gay-Rights in Malta and Beyond