LGBTQ rights in the Pitcairn Islands

Last updated

LGBTQ rights in Pitcairn Islands
Pitcairn Islands on the globe (French Polynesia centered).svg
Pitcairn Islands
Status Legal since 2001
Military LGBT people allowed to serve openly (British responsibility)
Discrimination protections Sexual orientation since 2010
Family rights
Recognition of relationships Same-sex marriage since 2015
Adoption Legal since 2015

Lesbian, gay, bisexual, and transgender (LGBT) people in the British Overseas Territory of the Pitcairn Islands enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on sexual orientation is constitutionally outlawed and same-sex marriage has been legal since 14 May 2015.

Contents

Legality of same-sex sexual activity

The 1893 Laws of the islands, the oldest codified set of laws, did not mention homosexuality. [1] Pitcairn Island was designated as part of the British Western Pacific Territories in 1898. [2] The 1904 laws, written by R. T. Simons, made it a crime for "[u]nmarried persons of either sex" to "[congregate] together in such a manner as to cause scandal or to endanger the morals of the younger members of the community". [3]

The Judicature Ordinance 1961 extended the law of England to the islands. [4] Therefore, homosexual activity was expressly illegal in Pitcairn until the passage of the Sexual Offences Act 1967.

Recognition of same-sex partnerships

Same-sex marriage became legal in the Pitcairn Islands on 14 May 2015; however, none of the around 50 Pitcairn Islanders currently residing in the territory is known to be in a same-sex relationship. [5] [6] An ordinance to legalise such marriages was unanimously approved by the Island Council on 1 April 2015, and was signed by Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015. [7] [8] [9] The law, known as the Same Sex Marriage and Civil Partnerships Ordinance 2015, also provides for the recognition of a registered civil partnership performed outside of Pitcairn. The move to legalise same-sex marriage was widely published on international media. Deputy Governor Kevin Lynch said that the change had been suggested by British authorities. A local resident said the law "wasn't even a major point of discussion until the outside world began catching up on the news". [10]

Discrimination protections

The Pitcairn Islands Constitution Order 2010 bans discrimination on the basis of sexual orientation, among other categories, [11] reading:

[T]he expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, age, disability, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

The term "gender identity" is mentioned only twice in Pitcairn law. Firstly, the Marriage Ordinance states that "'marriage' means the union of two people regardless of their sex, sexual orientation or gender identity". [12] Secondly, the Sentencing Ordinance requires courts to take into account certain individual factors when dealing with an offender, including if the offence was committed on the basis of the victim's gender identity. Sexual orientation is also mentioned. [13]

Adoption and parenting

The 2015 same-sex marriage legislation includes a provision stating that same-sex couples may be parents to a child. [5] The Adoption of Infants Ordinance states that married couples, unmarried couples and single people may jointly apply to adopt children. [14]

According to a 2006 UK government report, there have been 9 adoptions in the Pitcairn Islands since 1954, the latest being in 1979. [15]

Military service

LGBT individuals may legally serve in the British Armed Forces, as defence is the responsibility of the United Kingdom. [16]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2001)
Equal age of consent Yes check.svg (Since 2001)
Anti-discrimination laws in employment Yes check.svg (Since 2010)
Anti-discrimination laws in the provision of goods and services Yes check.svg (Since 2010)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes check.svg (Since 2010)
Recognition of same-sex unions (e.g. civil union) Yes check.svg (Since 2015)
Same-sex marriage Yes check.svg (Since 2015)
Stepchild adoption by same-sex couples Yes check.svg (Since 2015)
Joint adoption by same-sex couples Yes check.svg (Since 2015)
LGBT people allowed to serve openly in the military Yes check.svg (Since 2000; UK responsible for defence)
Right to change legal gender X mark.svg
Access to IVF for lesbians 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

Related Research Articles

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

<span class="mw-page-title-main">LGBTQ rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">LGBTQ rights in Europe</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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. LGBTQ 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).

<span class="mw-page-title-main">LGBTQ rights in the British Virgin Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.

<span class="mw-page-title-main">LGBTQ rights in Gibraltar</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights within the British Overseas Territory of Gibraltar have evolved significantly in the past decades. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

<span class="mw-page-title-main">LGBTQ rights in Oceania</span>

Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities. This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.

<span class="mw-page-title-main">LGBTQ rights in Bermuda</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Bermuda, a British Overseas Territory, face legal challenges not experienced by non-LGBT residents. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being homophobic and intolerant. Since 2013, the Human Rights Act has prohibited discrimination on the basis of sexual orientation.

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

LGBTQ+ rights in the Cayman Islands are regarded as some of the most progressive in the Caribbean. While the British territory still has a long way to go, it continues to relax its stance on this subject. Both male and female types of same-sex sexual activity are legal in the Cayman Islands. Same-sex unions became legal in 2020.

<span class="mw-page-title-main">LGBTQ 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">LGBTQ 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">LGBTQ 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 have been able to legally change gender since 2007.

<span class="mw-page-title-main">LGBTQ rights in Jersey</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2015.

<span class="mw-page-title-main">LGBTQ 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 7–0 by the Island Council on 1 April 2015. It received royal assent by Governor Jonathan Sinclair on 5 May, and entered into force on 14 May.

<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 Gibraltar since 15 December 2016. A bill for the legalisation of same-sex marriages was approved by the Parliament on 26 October 2016 and received royal assent on 1 November 2016. Gibraltar was the sixth British Overseas Territory to legalise same-sex marriage, after South Georgia and the South Sandwich Islands, Akrotiri and Dhekelia, the British Indian Ocean Territory, the Pitcairn Islands, and the British Antarctic Territory.

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 by 7 votes to 1 on 30 March 2017. It was given royal assent by Governor Colin Roberts on 13 April, and went into effect on 29 April. The territory also recognises civil partnerships, which are open to both same-sex and different-sex couples.

<span class="mw-page-title-main">LGBTQ rights in Anguilla</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBTQ 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.

References

  1. ↑ "Laws and Regulations of the Pitcairn Islanders (1893 Laws) - Excerpt from Appendix A of H.L. Shapiro, The Heritage of the Bounty: The Story of Pitcairn Through Six Generations (New York, 1936)". whalesite.org. Retrieved 28 September 2024.
  2. ↑ Eshelman, Michael (2012). "Law in Isolation: The Legal History of Pitcairn Island, 1900-2010" (PDF). ILSA Journal of International & Comparative Law. 18 (1): 17–71. Retrieved 28 September 2024.
  3. ↑ "1904 Laws and later additions, from Pitcairn Island Civil Recorder (pp. 80-96) (May 19, 1904 - March 15, 1915)". whalesite.org. Retrieved 28 September 2024.
  4. ↑ Farran, Sue (2007). "The Case of Pitcairn: A Small Island, Many Questions" (PDF). Journal of South Pacific Law. 11 (2): 124–150. Retrieved 28 September 2024.
  5. 1 2 "Same Sex Marriage and Civil Partnerships Ordinance 2015" (PDF). Government of the Pitcairn Islands. Archived from the original (PDF) on 7 January 2016. Retrieved 16 February 2016.
  6. ↑ "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.
  7. ↑ "Same Sex Marriage and Civil Partnerships Ordinance 2015" (PDF). Government of the Pitcairn Islands. Archived from the original (PDF) on 7 January 2016. Retrieved 16 February 2016.
  8. ↑ "Pacific's tiny Pitcairn Island legalises same-sex marriage". Yahoo! News. Agence France-Presse. 25 June 2015. Archived from the original on 16 February 2016. Retrieved 16 February 2016.
  9. ↑ "Same sex marriage legalised in Pitcairn". Radio New Zealand . 24 June 2015. Archived from the original on 17 October 2015. Retrieved 17 February 2016.
  10. ↑ "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.
  11. ↑ "The Pitcairn Constitution Order 2010" (PDF). Government of the Pitcairn Islands. Retrieved 17 February 2016.
  12. ↑ "Marriage Ordinance" (PDF). government.pn.
  13. ↑ "Sentencing Ordinance" (PDF). government.pn.
  14. ↑ ADOPTION OF INFANTS ORDINANCE
  15. ↑ UNITED KINGDOM OVERSEAS TERRITORIES AND CROWN DEPENDENCIES, "This report sets out the progress made in the UK’s Overseas Territories and Crown Dependencies in implementing the Convention on the Rights of the Child since 1999, OHCHR
  16. ↑ "LGBT Rights in Pitcairn Islands". Equaldex. Archived from the original on 8 December 2015. Retrieved 17 February 2016.
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.