LGBT rights in Anguilla

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LGBT rights in Anguilla
Anguilla in United Kingdom.svg
Location of LGBT rights in Anguilla (red)

in North America  (grey)  – [ Legend ]

Status Legal since 2001; unequal age of consent
Gender identity No
Military Yes
Discrimination protections None
Family rights
Recognition of relationships No recognition of same-sex couples
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.

Contents

Law regarding same-sex sexual activity

Same-sex sexual activities have been legal in Anguilla since 2001. The legalisation of homosexuality was the result of an order of the Privy Council of the United Kingdom and affected the laws in four other overseas territories of the United Kingdom. [1]

The age of consent is higher for homosexuals (18) than it is for heterosexuals (16). [2]

Recognition of same-sex relationships

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Same-sex marriage Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same-sex couples Constitutional ban on same-sex marriage Same-sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling v t e Same-sex legislation Lesser Antilles (named).svg
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
  Other type of partnership
  Unregistered cohabitation
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced
  Island subject to IACHR ruling

Same-sex marriage and civil unions are not legal in Anguilla, and it is one of the British overseas territories not to have legislated for civil partnerships. Non-legal ceremonies of same-sex couples have occurred on the island. [3]

The Marriage Act states that "'marriage' means the union of a man and a woman as husband and wife". [4]

Discrimination protections

No known legislative protections exist for LGBT people in Anguilla's local laws. [5] The Constitution of Anguilla outlaws discrimination on the basis of "race, political opinions, colour, creed, sex or place of origin", though makes no mention of sexual orientation or gender identity. [6]

Living conditions

Due to Anguilla's small population, there is virtually no gay scene on the island. There are no gay organisations, venues, bars and clubs, or pride events. A small protest occurred on 17 May 2011 in The Valley for the International Day Against Homophobia, Transphobia and Biphobia. [7]

Several same-sex couples who have travelled to the island on vacation report that the island is "gay-friendly" and has "warm people, the best beaches and sunset in the world, and fantastic restaurants", but also "very quiet". [7] The couples further said that "nobody was discriminatory in any way". However, the situation for locals might be different. Anguilla, much like other Caribbean islands, is believed to have a "subdued and subtle climate of homophobia", which has contributed to secrecy among LGBT locals. [7]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2001)
Equal age of consent X mark.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriage X mark.svg
Recognition of same-sex couples X mark.svg
Stepchild adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
LGBT people allowed to serve openly in the military Yes check.svg (UK responsible for defence)
Right to change legal gender X mark.svg
Access to IVF for lesbians and automatic parenthood for both spouses after birth Emblem-question.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for heterosexual couples as well)
MSMs allowed to donate blood Emblem-question.svg

See also

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References

  1. ↑ "Britain Scraps Homosexuality Laws". Sodomy Laws. Associated Press. 5 January 2001.
  2. ↑ "Criminal Code R.S.A. c. C140". www.gov.ai. Retrieved 11 April 2021.
  3. ↑ "Anguilla: Destination Weddings". Gay Destination Weddings. 1 January 2010.
  4. ↑ "Marriage Act". gov.ai.
  5. ↑ "Anguilla". Equal Dex. 1 January 2016.
  6. ↑ "The ANGUILLA CONSTITUTION ORDER 2008" (PDF). gov.ai.
  7. 1 2 3 Richard Ammon (October 2012). "Gay Life in Anguilla". Globalgayz.
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