Recognition of same-sex unions in Mauritius

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Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.

Contents

Background

Same-sex sexual relations were previously prohibited in Mauritius under a British colonial-era law. [1] [2] This law stipulated a penalty of five years' imprisonment for consensual, private sexual relations between people of the same sex. Although it was generally not enforced, instances were occasionally reported to the police, [3] instilling fear in the LGBT community. It was struck down as unconstitutional by the Supreme Court of Mauritius in October 2023. [4] Laws prohibiting discrimination on the basis of sexual orientation, [5] and a more welcoming and accepting society relative to other African nations have cemented Mauritius as one of "Africa's most LGBT-friendly countries". [6] Nevertheless, LGBT people report frequent discrimination and abuse in everyday life, particularly from family members. [3] Media outlets have reported that many LGBT people are forced into opposite-sex "corrective marriages". [7]

Restrictions

Same-sex sexual activity legal .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 Limited recognition (foreign residency rights) No recognition of same-sex couples Same-sex sexual activity illegal Prison but not enforced Prison Death penalty on books but not enforced Enforced death penalty African homosexuality laws.svg
Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

The Civil Code of Mauritius does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "man" and "woman". [8] As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. [7] In addition, a same-sex couple composed of a Mauritian and a foreign national, whose marriage was performed abroad in a country where same-sex marriage is legal, will not benefit from the same rights as a married heterosexual couple. The foreign spouse will not be able to receive a residence permit, whereas they would have benefited from one if they were of the opposite sex. [7] The Civil Status Act 1981 (French : Loi de 1981 sur l'état civil; Mauritian Creole : Lalwa 1981 lor leta sivil) further stipulates the requirements and application process for couples wishing to marry in either a civil marriage ceremony or a religious ceremony. [9] Similarly, it does not contain an explicit definition of marriage and does not expressly ban same-sex marriages. Civil unions (French : union civile, pronounced [ynjɔ̃ sivil] ; Mauritian Creole : linyon sivil, pronounced [liɲɔ̃sivil] ), which would offer some of the rights and benefits of marriage, are likewise not recognised in Mauritius.

In 2016, the Law Reform Commission announced it "was looking into" a case to legalise same-sex marriage, [10] but no law changes were made.

The Constitution of Mauritius does not explicitly ban same-sex marriages, but prohibits discrimination on a variety of grounds including race, creed and sex. The Supreme Court held in 2023 in Ah Seek v The State of Mauritius that the category "sex" includes sexual orientation. [11] However, the court did not rule whether this constitutional prohibition of discrimination guarantees same-sex couples the right to marry. Several LGBT activists consider a case challenging the ban on same-sex marriages as "winnable". [12] In 2023, activists announced they would continue to campaign for social and legal changes for LGBT people, particularly with regard to "marriage equality and the recognition of transgender people", [13] as well as the banning of conversion therapy and the inclusion of sexual orientation and gender identity in existing hate speech and hate crime legislation. [12]

Religious performance

The Catholic Church, the largest Christian denomination in Mauritius, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [14]

Public opinion

A 2024 survey by The Other Foundation showed that 37% of Mauritians supported same-sex marriage, while 50% opposed. [15]

See also

References

  1. ↑ Kelleher, Patrick (3 December 2019). "Activists are moving to decriminalise homosexuality in Mauritius". PinkNews.
  2. ↑ "Code pénal : La communauté LGBT obtient l'autorisation pour une plainte constitutionnelle". Le Mauricien (in French). 17 June 2020.
  3. 1 2 Blignaut, Charl (20 February 2017). "No paradise for Mauritian queers". City Press.
  4. ↑ "Mauritius Supreme Court rules law targeting LGBT people is unconstitutional". Human Dignity Trust. Retrieved 4 October 2023.
  5. ↑ ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report (PDF) (Report) (2020 global legislation overview update ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
  6. ↑ "What are the best and worst countries to be gay in Africa?". 1 March 2016. Archived from the original on 7 December 2018. Retrieved 29 July 2017.
  7. 1 2 3 "Demandeurs d'asile LGBTI de l'ÎLE Maurice: Persecutions, atteintes à la dignité humaine et violations des droits des individus LGBTI à Maurice" (PDF). Avocats sans Frontières (in French). Retrieved 24 September 2024.
  8. ↑ "Code Civil mauricien" (PDF). www.mcci.org (in French). Retrieved 24 September 2024.
  9. ↑ "Civil Status Act 1981" (PDF). dha.govmu.org. Retrieved 24 September 2024.
  10. ↑ "Afrobarometer report shows that homophobia is not African even if homophobia remains widespread in Africa". Young Queer Alliance. 3 March 2016.
  11. ↑ "Constitution of Mauritius" (PDF). Association des Cours Constitutionnelles Francophones. Retrieved 24 September 2024.
  12. 1 2 Brown, Stephen (2015). "Escaping the multicultural trap: strategic litigation and the decriminalization of same-sex relations in Mauritius". Politics, Groups, and Identities. doi:10.1080/21565503.2025.2543300.
  13. ↑ "L'île Maurice commence à réparer un mal historique à l'égard des personnes LGBT". Civicus (in French). 24 October 2023.
  14. ↑ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar . Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  15. ↑ "A survey of public attitudes to sexual orientation and gender non-conformity in Mauritius" (PDF). The Other Foundation. 2024. Retrieved 12 October 2025.
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