Recognition of same-sex unions in the British Overseas Territories

Among the 14 British Overseas Territories, three – Akrotiri and Dhekelia, the British Antarctic Territory, and the Pitcairn Islands – have legalised same-sex marriage, as has a part of St. Helena, Ascension, and Tristan da Cunha. In the Sovereign Base Areas of Akrotiri and Dhekelia, only British military and civilian personnel can enter into same-sex marriages and civil partnerships. Gibraltar has civil partnerships and will soon have same-sex marriage and the Cayman Islands has recently recognised foreign same-sex marriages for immigration purposes.[1] Both Bermuda and the Cayman Islands give limited recognition of same-sex unions for immigration purposes.

Six of the British Overseas Territories have no recognition of same-sex unions and two have bans on same-sex marriage, via a constitutional definition of marriage as being between a man and a woman.

Among territories without recognition, Bermuda held a 23 June 2016 non-binding referendum that saw a strong majority opposing 68.5% opposing both same-sex marriage and civil unions, while the Falkland Islands had a popular consultation that led the local government to also consider the legislation of same-sex marriage.

Legislation per territory

Flag Name Location Legislation comment
Same-sex marriage
 Akrotiri and Dhekelia Cyprus, Mediterranean Sea Same-sex marriage has been legal in the Sovereign Base Areas for UK military personnel since 3 June 2014.[2] The first same-sex marriage was conducted in Dhekelia on 10 September 2016. [3] Civil partnership have been allowed for military and civilian personnel since 7 December 2005.[4]
 British Antarctic Territory Antarctica An ordinance allowing same-sex marriage was proclaimed by the Commissioner Peter Hayes on 13 October 2016 and took effect forthwith.[5]
Gibraltar 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 2013 Court ruling.

On 26 October 2016, the Civil Marriage Amendment Bill 2016 was passed unanimously in the Gibraltar Parliament, thus legalising same-sex marriage. The Bill now awaits Royal Assent.[12]

 Pitcairn Islands Pacific Ocean Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015.[13]
Partial recognition of Same-sex marriage
 Saint Helena, Ascension and Tristan da Cunha South Atlantic Ocean Same-sex marriage will be legal in Ascension Island. An ordinance to this effect was approved by the Ascension Island Council on 31 May 2016.[14] It was signed by the Governor and published in the official gazette on 20 June. An ordinance is not yet into force.[15] The commencement date of the ordinance is delayed until the Saint Helena Legislative Council has passed their own Marriage Ordinance.[16]

There is no recognition of same-sex unions in Saint Helena or Tristan da Cunha. Saint Helena is also considering the legalization of same-sex marriage. The Saint Helena Government has stated that there are currently no plans to extend the provisions of its proposed Marriage Ordinance to Tristan da Cunha.[17][18][19]

No recognition
 Anguilla Caribbean, North Atlantic Ocean Same-sex marriage is not legal in Anguilla, despite the organization of commitment ceremonies on the gay-friendly island [20]
 Bermuda 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 legalization of same-sex marriage.[21] On 29 February 2016, the Government announced its intention to hold a referendum on both same-sex marriage and civil unions.[22] On 12 March 2016, Premier of Bermuda Michael Dunkley announced that the referendum will take place mid-to-late June 2016.[23] The results of the referendum would not be binding and were described by Dunkley as only a way to get some clarity on the issue. Voters were to 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?"[24] Opposition leader Marc Bean added that the Government will govern according to the outcome. The referendum occurred on 23 June 2016.[25] About 47 percent of registered voters cast ballots, and 68.5% opposed same-sex marriage, while 63% opposed same-sex civil unions.[26] A case is currently pending before the Supreme Court seeking legalization of same-sex marriage.[27]
British Indian Ocean Territory Indian Ocean
British Virgin Islands 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,[28] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[29] and political leaders have taken an unsympathetic approach in public.[30] 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.[31] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[32]
 Cayman Islands Caribbean, North Atlantic Ocean Cayman Islands (2009)[33] The new constitution, approved in June 2009, notes that the government "shall respect" the right of every unmarried man and women of marriageable age as defined by law, freely to marry a person of the opposite sex and to found a family. The constitution does not, however, define the term 'marriage' and nor does it explicitly prohibit same-sex marriage.[34] In a decision of the Immigration Appeals Tribunal issued on 7 July 2016, the government recognised the legal validity of a foreign same-sex marriage for the purpose of adding the same-sex spouse of a work permit holder as a dependent of the latter.[35]
Falkland Islands South Atlantic Ocean The Falkland Islands does not recognise any types of same-sex unions.[36]

On 13 May 2015, the Attorney General has recommended the Executive Council to consider the legalisation on same-sex marriage or civil partnership.[37]

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.[38]

 South Georgia and the South Sandwich Islands South Atlantic Ocean
Constitutional ban on marriage
 Montserrat Caribbean, North Atlantic Ocean Montserrat (2010)[39][40] 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.[41]
 Turks and Caicos Islands Caribbean, North Atlantic Ocean Turks and Caicos Islands (2011)[42] 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.[43]

See also

References

  1. ↑ Ragoonath, Reshma (2016-07-25). "Landmark decision as IAT rules in Raznovich's favour". The Cayman Reporter. Retrieved 2016-08-28.
  2. ↑ "Overseas Marriage (Armed Forces) Order 2014" (PDF).
  3. ↑ "Same-sex marriage first for Army sergeant on Cyprus". Mail Online. Retrieved 2016-10-07.
  4. ↑ "Civil Partnership (Armed Forces) Order 2005" (PDF).
  5. ↑ The Marriage Ordinance 2016
  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. ↑ Parliament passes same-sex marriage law
  13. ↑ "Pitcairn Island, population 48, passes law to allow same-sex marriage". The Guardian. Associated Press. 22 June 2015. Archived from the original on 15 December 2015. Retrieved 16 February 2016.
  14. ↑ "Island Council Report - 31 May 2016" (PDF). Government of Ascension Island. Archived from the original (PDF) on 23 June 2016. Retrieved 23 June 2016.
  15. ↑ "Marriage (Ascension) Ordinance, 2016" (PDF). Government of Ascension Island. Archived from the original (PDF) on 23 June 2016. Retrieved 23 June 2016.
  16. ↑
  17. ↑ MARRIAGE BILL, SUNDAY’S OBSERVANCE (AMENDMENT) BILL AND EMPLOYMENT REGULATIONS
  18. ↑ Marriage Ordinance
  19. ↑ MARRIAGE BILL QUESTIONNAIRE
  20. ↑
  21. ↑ Civil union legislation plans unveiled
  22. ↑ Bermuda plans referendum on same-sex marriage
  23. ↑ Jung Thapa, Saurav (26 March 2016). "Bermuda Plans Referendum on Marriage Equality and Civil Unions". Human Rights Campaign.
  24. ↑ "House: same-sex referendum likely in June". The Royal Gazette. 12 March 2016.
  25. ↑ "Bermuda same-sex marriage referendum set for June 23". Jamaica Observer. 12 May 2016.
  26. ↑ Government of Bermuda
  27. ↑ "Meet the Toronto gay couple challenging Bermuda's marriage law | Daily Xtra". Retrieved 2016-10-07.
  28. ↑ The constitution of the Virgin Islands defines the country as one which "believes in God" (at section 2(1)). See also: Christianity by country.
  29. ↑ "Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages". BVI Platinum news. 2012-05-12.
  30. ↑ "None Of Us Will Probably Vote For Same Sex Marriage - Health Minister". BVI Platinum News. 2013-02-19.
  31. ↑ "UK Will Not Force BVI To Accept Same Sex Marriage - Governor". Platinum News. 20 January 2014.
  32. ↑ The Virgin Islands Constitution Order 2007, sections 9 and 26.
  33. ↑ "The Cayman Islands Constitution Order 2009" (PDF). Cayman Constitution. Retrieved May 20, 2016.
  34. ↑ "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Retrieved May 20, 2016.
  35. ↑ Duncan, Charles. "Gay couple wins work permit appeal | Cayman Compass". Retrieved 2016-08-28.
  36. ↑ Caymans define marriage amid fears UK will impose civil partnerships
  37. ↑ Family Law Review 2015 – Proposals for new policy development and legislation
  38. ↑ Family Law Review – Proposals for legislative drafting
  39. ↑ "The Montserrat Constitution Order 2010". Government of Montserrat. Retrieved 15 July 2014.
  40. ↑ "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  41. ↑ "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  42. ↑ "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of the Turks and Caicos Islands. Retrieved 15 July 2014.
  43. ↑ "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of United Kingdom (legislation.gov.uk). Retrieved 30 January 2016.
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