Same-sex marriage in the Falkland Islands

Last updated

Same-sex marriage has been legal in the Falkland Islands since 29 April 2017. A law to permit same-sex couples to marry passed the Legislative Assembly on 30 March, and was given royal assent by Governor Colin Roberts on 13 April. The territory also recognises civil partnerships, open to both same-sex and different-sex couples.

Contents

The Falkland Islands was the seventh British Overseas Territory to legalise same-sex marriage, and the third civilian one to do so, after the Pitcairn Islands and Gibraltar.

Background

Recognition of same-sex unions in South America .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{} Marriage Other type of partnership Country subject to IACHR ruling Unrecognized Constitution limits marriage to opposite-sex couples Same-sex sexual activity illegal, though penalties not enforced v t e State recognition of same-sex relationships (South America).svg
Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR ruling
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

First claimed by the Kingdom of Great Britain in 1765, the Falkland Islands was periodically garrisoned by British, French and Spanish forces until 1811 when all the garrisons were withdrawn. In 1833, the British reasserted its sovereignty over the Falklands, and a civilian population was invited to stay on the islands. [1]

The Marriage Ordinance 1949, applying to both the Falkland Islands and South Georgia and the South Sandwich Islands, was enacted on 31 December 1949. The ordinance provided for the issuance of marriage licenses and empowered the Governor of the Falkland Islands to appoint registrars to conduct the marriage ceremony. The ordinance did not explicitly ban same-sex marriage, nor did it define the term "marriage". Nonetheless, a marriage between persons of the same sex was considered void ab initio in common law, and as such same-sex couples could not marry on the islands. [2] The ordinance was repealed in 1996 and replaced with the Marriage Ordinance 1996, which did not contain any changes with regard to the recognition of same-sex unions.

Same-sex marriage law

On 13 May 2015, the Attorney General of the Falkland Islands, Mark Lewis, recommended that the Executive Council consider the legalisation of same-sex marriage or civil partnerships in the territory. [3] On 13 January 2016, following a public consultation, the Council instructed the Attorney General to prepare an amendment to the island's marriage ordinance to permit same-sex marriages. [4] 90% of the participants to the consultation supported same-sex marriage, and 94% were in favour of civil partnerships for all couples. [5]

The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council instructed Lewis to publish it in the official gazette, thereby commencing the legislative process as a first reading, as well as to prepare further legislation necessary for its implementation. [6] On 30 March 2017, the Legislative Assembly approved the same-sex marriage bill by a 7 to 1 vote. [7] [8] [9] [10] The law, which was supported by MLAs Jan Cheek, Roger Edwards, Barry Elsby, Ian Hansen, Michael Poole, Phyl Rendell, and Gavin Short, [11] [12] but opposed by MLA Mike Summers, allows same-sex couples to marry and enter into civil partnerships. [13] [14] [15] [16] It received royal assent by Governor Colin Roberts on 13 April, [17] [18] and went into effect on 29 April 2017. [19] A community event to celebrate the legalisation of same-sex marriage took place in Stanley that same day. [11] [20]

Sections 3A(1) and Section 3B of the marriage ordinance state: [21]

The marriage of same sex couples is lawful.

A same sex marriage solemnised under this Ordinance has and must be treated in the same manner and afforded the same status as a marriage between a man and a woman.

The Interpretation and General Clauses Ordinance was amended to state that '"marriage" includes a same sex marriage solemnised or recognised under the Marriage Ordinance 1996', and to state that all references to "husband", "wife", "husband and wife", and "widow and widower" in all other ordinances are to be read as including same-sex couples. [6] In law, a civil partnership is defined as "a relationship between a man and a woman or two people of the same sex ("civil partners") which is formed when they register as civil partners of each other". Civil partnerships performed abroad, such as in the United Kingdom, are recognised in the Falkland Islands.

The first same-sex marriage was performed at Christina Bay near Cape Pembroke on 20 November 2017. [22]

See also

Related Research Articles

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the UK legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Same-sex marriage has been legal in Australia since 9 December 2017. Legislation to allow it, the Marriage Amendment Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from Governor-General Peter Cosgrove the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage.

<span class="mw-page-title-main">LGBT rights in the Isle of Man</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBT rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.

<span class="mw-page-title-main">LGBT rights in Saint Helena, Ascension and Tristan da Cunha</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha have gradually evolved over the years. Discrimination on the basis of sexual orientation is banned in the entire territory through the Constitution Order 2009 and same-sex marriage has been legal on the islands since 2017.

<span class="mw-page-title-main">Same-sex union legislation</span> Laws about the recognition of same-sex couples

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.

Same-sex marriage is legal in the Australian Capital Territory, and in the rest of Australia, after the Federal Parliament legalised same-sex marriage in December 2017.

<span class="mw-page-title-main">LGBT rights in the Falkland Islands</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the British Overseas Territory of the Falkland Islands enjoy most of the same rights as non-LGBT people. Marriage and civil partnerships have been open to both opposite-sex and same-sex couples since 29 April 2017. Discrimination on the basis of sexual orientation is constitutionally banned. Additionally, attitudes are largely positive; a public consultation found that 90% of respondents were in favour of same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Guernsey</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of Guernsey have improved significantly in the past decades. Same-sex sexual activity for both men and women is legal in Guernsey. Same-sex marriage has been legal since 2 May 2017 in Guernsey, and since 14 June 2018 in its dependency, Alderney. Legislation approving the legalisation of same-sex marriage in its other dependency, Sark was given royal assent on 11 March 2020. Guernsey is the only part of the British Isles to have never enacted civil partnership legislation, though civil partnerships performed in the United Kingdom were recognised for succession purposes. Since April 2017, same-sex couples can adopt in the entire Bailiwick. Discrimination based on sexual orientation and gender identity has been banned since 2004. Transgender people can legally change gender since 2007.

<span class="mw-page-title-main">LGBT rights in the Australian Capital Territory</span>

The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.

<span class="mw-page-title-main">LGBT rights in Akrotiri and Dhekelia</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of Akrotiri and Dhekelia enjoy most of the same rights as non-LGBT people.

Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015. An ordinance to permit same-sex marriages was passed unanimously by the Island Council on 1 April 2015, and received royal assent by Governor Jonathan Sinclair on 5 May.

Same-sex marriage is legal in all parts of the Bailiwick of Guernsey, a Crown dependency of the United Kingdom. Legislation to open marriage to same-sex couples in Guernsey was passed by the States of Guernsey on 21 September 2016, and took effect on 2 May 2017. Same-sex marriage laws took effect in Alderney on 14 June 2018, and Sark on 23 April 2020.

<span class="mw-page-title-main">Recognition of same-sex unions in the British Overseas Territories</span>

Among the fourteen British Overseas Territories, eight – Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, and South Georgia and the South Sandwich Islands – recognise and perform same-sex marriages. In the Sovereign Base Areas of Akrotiri and Dhekelia, only British military and civilian personnel can enter into same-sex marriages and civil partnerships.

Same-sex marriage has been legal in Saint Helena, Ascension and Tristan da Cunha since 2017. An ordinance to open marriage to same-sex couples in Saint Helena was passed by the Legislative Council in a 9–2 vote on 19 December 2017. It went into force the following day, and the first same-sex marriage was performed on 31 December 2018. Same-sex couples have also been able to marry on Ascension Island since 1 January 2017 and in Tristan da Cunha since 4 August 2017.

Same-sex marriage has been legal in the British Antarctic Territory since 13 October 2016. A new marriage ordinance bringing territorial legislation in line with the law in force in England and Wales was proclaimed by Commissioner Peter Hayes on 13 October, legalising marriage by same-sex couples in the British Antarctic Territory.

Same-sex marriage has been legal in South Georgia and the South Sandwich Islands since 13 March 2014, in accordance with the law in force in England and Wales, although the Foreign and Commonwealth Office only updated its travel advice website page to include a note about it in January 2018. South Georgia and the South Sandwich Islands, despite having no permanent population, was the first British Overseas Territory to recognise same-sex marriage.

Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.

References

  1. ↑ "Our History". www.falklands.gov.fk. Archived from the original on 20 December 2020. Retrieved 7 September 2021.
  2. ↑ Mendelson, Sara H. (January 2008). "Hunt, Arabella (1662–1705)" . Oxford Dictionary of National Biography . Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/14190 . Retrieved 14 March 2012.(Subscription or UK public library membership required.)
  3. ↑ "Family Law Review 2015 – Proposals for new policy development and legislation". fig.gov.fk. 13 May 2015. Archived from the original on 30 October 2015.
  4. ↑ "Family Law Review – Proposals for legislative drafting". fig.gov.fk. 13 January 2016. Archived from the original on 28 January 2016.
  5. ↑ "Falklands passes same sex marriage bill; invites non residents to share the legislation". Archived from the original on 4 August 2018. Retrieved 6 December 2019.
  6. 1 2 "32-17P: Family Law Review – marriage reform". fig.gov.fk. 22 February 2017. Archived from the original on 24 February 2017.
  7. ↑ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  8. ↑ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  9. ↑ "Order Paper for 30 March 2017". Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. Archived from the original on 28 June 2017. Refer to pp. 123-135 of the PDF
  10. ↑ "Facebook Post by FITV". Facebook.com. 3 April 2017. Retrieved 8 April 2017.
  11. 1 2 "Falklands plans to celebrate same sex marriage Bill next April 27". MercoPress. 13 April 2017. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  12. ↑ "RECORD OF THE MEETING OF THE LEGISLATIVE ASSEMBLY - HELD AT NORTH ARM (30 MARCH 2017)". Legislative Assembly of the Falkland Islands. pp. 38–45. Archived from the original (PDF) on 28 April 2017. Retrieved 28 April 2017.
  13. ↑ Marchiano, Andrea (12 April 2017). "Falkland Islands votes overwhelmingly in favour of same-sex marriage". Gay Times. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  14. ↑ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  15. ↑ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  16. ↑ "Order Paper for 30 March 2017" (PDF). Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. pp. 123–135. Archived from the original on 28 June 2017. Retrieved 6 April 2017.
  17. ↑ Salerno, Rob (22 June 2017). "Falkland Islands Same-sex Marriage Update". Archived from the original on 28 June 2017.
  18. ↑ "Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill". Falkland Islands Government. 13 April 2017. Archived from the original on 28 June 2017.
  19. ↑ "Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]". Falkland Islands Legislation. 31 July 2017.
  20. ↑ @Lisafalklands (29 April 2017). "Rainbow Community Fun Day in the #falklands celebrating new family/marriage laws #LGBT" (Tweet). Archived from the original on 29 April 2017. Retrieved 29 April 2017– via Twitter.
  21. ↑ "Marriage Ordinance 1996" (PDF). Falkland Islands Legislation. 31 July 2017. Archived (PDF) from the original on 2 August 2017. Retrieved 6 December 2019.
  22. ↑ "Marriage". www.fig.gov.fl.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.