Recognition of same-sex unions in the British Overseas Territories

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Among the 14 British Overseas Territories, one – the Pitcairn Islands – has legalised same-sex marriage.

Another overseas territory, Gibraltar, has civil unions and is considering the legalisation of same-sex marriage.

Five of the remaining territories have no recognition of same-sex unions and a further three have bans on same-sex marriage, via a constitutional definition of marriage as being between a man and a woman.

Four other territories are either hardly populated or are populated only by military personnel and so legislation regarding marriage is irrelevant and mainland British law is considered to apply when necessary.

Among territories without recognition, Bermuda is preparing a non-binding referendum on June 23rd, 2016 and Falklands Islands has had a popular consultation that lead the local government to also considering the legislation of same-sex marriage .

Legislation per territory

Flag Arms Name Location Legislation comment
Same-Sex Marriage
Flag of the Pitcairn Islands.svg
Coat of arms of the Pitcairn Islands.svg
 Pitcairn Islands
( Marriage, LGBT, BOT )		 Pacific Ocean Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015, although there are no openly same-sex couples living on the island.[1][2] An ordinance to legalise such marriages was unanimously approved by the territory's legislature, and signed by the Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015.[3][4][5]
Civil Union
Flag of Gibraltar.svg
Coat of arms of Gibraltar1.svg
 Gibraltar
( Unions, LGBT, BOT )		 Iberian Peninsula, Continental Europe In January 2014, the Civil Partnership Bill 2014 was published for community consultation and headed for the introduction to the Gibraltar Parliament.[6] On 21 March, the bill was approved by the parliament with no noticeable opposition.[7] The bill was given Royal Assent on 25 March. The law and related rules and regulations took effect on 28 March.[8][9][10][11] The law also allows adoption of children by couples in a civil partnership, as mandated by the recent Court ruling in 2013.

Gibraltar is also considering the legalisation of same-sex marriage. [12]
No recognition
Flag of Anguilla.svg
Coat of arms of Anguilla.svg
 Anguilla
( Unions, LGBT, BOT )		 Caribbean, North Atlantic Ocean Same-sex marriage is not legal in Anguilla, despite the organization of commitment ceremonies on the gay-friendly island [13]
Flag of Bermuda.svg
Coat of arms of Bermuda.svg
 Bermuda
( Unions, LGBT, BOT )		 North Atlantic Ocean On 11 February 2016, the Attorney General Trevor Moniz announced that the Government will introduce a bill to create civil unions for same-sex couples. He ruled out legalisation of same-sex marriage.[14] On 29 February 2016, the Government announced its intention to hold a referendum on both same-sex marriage and civil unions.[15] On 12 March 2016, Premier of Bermuda Michael Dunkley announced that the referendum will take place mid-to-late June 2016.[16] The results of the referendum will not be binding and have been described by Dunkley as only a way to get some clarity on the issue. Voters will be asked two questions: "Are you in favour of same-sex marriage in Bermuda?" and "Are you in favour of same-sex civil unions in Bermuda?"[17] Opposition leader Marc Bean added that after the results of the referendum are announced, the Government will govern accordingly. The referendum is planned for June 23rd, 2016. [18]
Flag of the British Virgin Islands.svg
Coat of arms of the British Virgin Islands.svg
 British Virgin Islands
( Unions, LGBT, BOT )		 Caribbean, North Atlantic Ocean Same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious society,[19] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[20] and political leaders have taken an unsympathetic approach in public.[21] Her Majesty's Government has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of Order-in-Council.[22] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[23]
Flag of the Falkland Islands.svg
Coat of arms of the Falkland Islands.svg
 Falkland Islands
( Unions, LGBT, BOT )		 South Atlantic Ocean The Falkland Islands does not recognise any types of same-sex unions.[24]

On 13 May 2015, the Attorney General has recommended the Executive Council to consider the legalisation on same-sex marriage or civil partnership.[25]

On 13 January 2016, following the public consultation, the Council instructed the Attorney General to prepare the amendment to the Marriage Ordinance in order to allow same-sex marriage.[26]
Flag of Saint Helena.svg
Coat of arms of Saint Helena.svg
 Saint Helena, Ascension and Tristan da Cunha
( Unions, LGBT, BOT )		 South Atlantic Ocean Constitutionally the islands are a British Overseas Territory and not part of the United Kingdom, and have their own legislation. No legislation has so far been introduced to recognise civil partnerships.
Flag of Ascension Island.svg
Coat of Arms of Ascension Island.svg
Flag of Tristan da Cunha.svg
Coat of arms of Tristan da Cunha.svg
Constitutional ban on marriage
Flag of the Cayman Islands.svg
Coat of arms of the Cayman Islands.svg
 Cayman Islands
( Unions, LGBT, BOT )		 Caribbean, North Atlantic Ocean Cayman Islands (2009)[27] The new constitution, approved in June 2009, notes the right of opposite-sex couples, who are of marriageable age as defined by law, to have their marriages recognised by the government. The constitution does not explicitly mention same-sex couples.[28]
Flag of Montserrat.svg
Coat of arms of Montserrat.svg
 Montserrat
( Unions, LGBT, BOT )		 Caribbean, North Atlantic Ocean Montserrat (2010)[29][30] Same-sex marriage in Montserrat is not legal. Article 10(1) of the Constitution reads:
Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.[31]
Flag of the Turks and Caicos Islands.svg
Coat of arms of the Turks and Caicos Islands.svg
 Turks and Caicos Islands
( Unions, LGBT, BOT )		 Lucayan Archipelago, North Atlantic Ocean Turks and Caicos Islands (2011)[32] Turks and Caicos Islands does not recognise same-sex unions. Article 10 of the Constitution reads:
Every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.[33]
Irrelevant Question
Flag of the United Kingdom.svg
 Akrotiri and Dhekelia Cyprus, Mediterranean Sea Agreement betwen United Kingdom and Cyprus forsees that this is a military zone, where no civilian purpose will be considered.
Flag of the British Indian Ocean Territory.svg
Coat of arms of the British Indian Ocean Territory.svg
 British Indian Ocean Territory Indian Ocean Military bases.
Flag of the British Antarctic Territory.svg
Coat of arms of the British Antarctic Territory.svg
 British Antarctic Territory Antarctica There is no native or permanent population; therefore there is no elected government. The Commissioner, supported by an Administrator, run the affairs of the territory.
Flag of South Georgia and the South Sandwich Islands.svg
Coat of arms of South Georgia and the South Sandwich Islands.svg
 South Georgia and the South Sandwich Islands South Atlantic Ocean

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Command Paper on a draft bill to make provision for civil partnerships
  7. ↑ Gibraltar approves civil partnerships bill
  8. ↑ CIVIL PARTNERSHIP ACT 2014
  9. ↑ CIVIL PARTNERSHIP (FEES) REGULATIONS 2014
  10. ↑ CIVIL PARTNERSHIP RULES 2014
  11. ↑ CIVIL PARTNERSHIP
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ [ https://www.gaydestinationweddings.com/Destinations/Caribbean/Anguilla.aspx ]
  14. ↑ Civil union legislation plans unveiled
  15. ↑ Bermuda plans referendum on same-sex marriage
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ The constitution of the Virgin Islands defines the country as one which "believes in God" (at section 2(1)). See also: Christianity by country.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ The Virgin Islands Constitution Order 2007, sections 9 and 26.
  24. ↑ Caymans define marriage amid fears UK will impose civil partnerships
  25. ↑ Family Law Review 2015 – Proposals for new policy development and legislation
  26. ↑ Family Law Review – Proposals for legislative drafting
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  31. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  32. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  33. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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