Lesbian, gay, bisexual, and transgender (LGBT) persons in Malta may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Malta, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
History
As a British colony, Malta adopted the penal code in 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. As well as men such as Joseph Flores and Herbert Ganado. It was not until 1973 that the Labour government decided to clash with the Roman Catholic Church on the issue of decriminalising homosexuality - and thus bringing the island in line with most of Western Europe.
The Malta Gay Rights Movement (MGRM), was founded in 2001, and remains a socio-political non-governmental organisation which has as its central focus the challenges and rights of the Maltese LGBT community.
In February 2008, MRGM organised and presented a petition to parliament asking for a range of measures to be introduced to protect them through the law. The petition received the backing of Alternattiva Demokratika with leader Harry Vassallo addressing the Malta Times newspaper, saying that the recognition of gay rights would be a step forward. 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.
In October 2009 the president of Malta, George Abela, 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. In the meeting 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 also reported as saying that "love is the most important thing there is and it can't be "graded" based on sexual orientation". This was the first time a head of state has met with ILGA-Europe members during one of the group's annual conferences.
Law regarding same-sex sexual activity
Same-sex sexual activity is legal in Malta since January 1973. The age of consent is equal at 18 for all.
Gender identity/expression
In 2007 a judge in Malta has ordered government officials to issue the appropriate documentation to permit Ms. Joanne Cassar, a transsexual woman to get married. The court's ruling is the first of its kind in the country, which joined the EU in 2004. The Director of Public Registry contested the ruling in May 2008 and won. Ms. Cassar filed a constitutional application in the First Hall of the Civil Court insisting this was in violation of her fundamental human rights. (source)
The legal recognition of transitioning transgender people are covered by two pieces of legislation, namely;
- Chapter 452 Employment and Industrial Relations Act
- EU Council Directive 2006/54/EC
Both aim to implement equality of opportunity and equal treatment of men and women in matters of emploment and occupation. Transgendered persons in Malta who have undergone irreversible gender re-assignment surgery may change the indication of sex in official documentation such as identity cards, birth certificates and passports.
Recognition of same-sex relationships
Neither same-sex marriage nor civil unions are currently recognised in Malta.
A Eurostat poll conducted in 2006 showed Malta at 18% support for same-sex marriage.
However, support among young people appears to be much higher. A poll for the newspaper Malta Today in 2007 found that 54 percent of Maltese under 34 favoured same-sex marriage, while 82 percent of those over 55 oppose it. Meanwhile, an October 2009 poll for the Times of Malta showed that 49% of university students supported same-sex marriage, while 35% were opposed and 16% were undecided.
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. Yet nothing has yet been brought forward.
Discrimination protections
Since 2004, Malta has a ban on anti-gay discrimination in employment, in line with European Union requirements. The Malta Gay Rights Movement is currently lobbying the government to add sexual orientation to the anti-discrimination laws for the provisions of goods and services, and other areas.
The Malta government reports that openly gay and lesbian people are free to serve in their armed forces.
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 including 'Tom Bar', situated in Floriana, which is the oldest gay club in Malta, and 'Klozet' and 'Chandelier' in Paceville.
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