| Part of the LGBT rights series |
 LGBTQportal |
Seychelles does not recognise same-sex marriages or civil unions. The Civil Code of Seychelles does not provide for the recognition of same-sex unions, and the Constitution of Seychelles grants the state the power to restrict marriage to persons of the opposite sex.
Same-sex sexual relations were previously prohibited in Seychelles under a colonial-era law. This law stipulated a penalty of 14 years' imprisonment for consensual, private sexual relations between people of the same sex, although it had never been enforced. [1] A bill repealing the criminalisation of homosexuality was enacted in 2016. [2] [3] [4] Laws prohibiting discrimination on the basis of sexual orientation and a more welcoming and accepting society relative to other African nations have cemented Seychelles as one of "Africa's most LGBT-friendly countries". [5] [6]
In June 2015, a same-sex couple, a British national and a Seychellois national who also held British citizenship, were married by High Commissioner Lindsay Skoll at her residence in Bel Air. The marriage was performed under British law and lacks legal recognition in Seychelles. Attorney General Ronny Govinden said, "We do not consider them married and their marriage does not have any legal standing, for example if they decide to adopt they will not be able to adopt the child as a married couple. If one of them dies… the inheritance laws… the one left behind will not be considered as a surviving spouse, if there is any pension the other will not be entitled to any benefit." The marriage proved controversial, and was criticised by some religious leaders. Bishop Denis Wiehe said the wedding would cause "a state of complete confusion in the minds of our fellow citizens". The Seychelles Principal Secretary for Foreign Affairs, Maurice Loustau-Lalanne, described the marriage ceremony as "lacking in sensitivity". The British High Commission said the two men "were legally entitled to be married by an appropriate British official on British territory". "Should the government of Seychelles have declined to give permission, such a service would not have been offered. The British High Commission has complete respect for the laws, culture, beliefs and values of the Republic of Seychelles." The British High Commission "sought and has been granted permission [by the government] to provide this service." [7]
Marriage in Seychelles was previously governed by the Civil Status Act 1980 (French : Loi de 1980 sur l'état civil; Seychellois Creole: Lalwa Leta Sivil 1980). [8] The act did not expressly forbid same-sex marriages and did not contain a definition of marriage. However, it generally referred to married spouses as "man" and "woman" and used gender-specific terminology with regard to married spouses. [9] The Civil Code of Seychelles, which now governs the requirements and application process for couples wishing to marry, similarly does not contain an explicit definition of marriage. [10] However, it states that a marriage is void if "the parties to the marriage were not respectively male and female". As a result, same-sex couples cannot marry in Seychelles and 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. Civil unions (French : union civile, pronounced [ynjɔ̃sivil] ; Seychellois Creole: linyon sivil), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Seychelles. [11]
Article 32(1) of the Constitution of Seychelles describes the family "as the natural and fundamental element of society" and recognises "the right of everyone to form a family". However, article 32(2) states: [12]
The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.
In July 2022, activists met President Wavel Ramkalawan to discuss the possibility of legalising same-sex marriage. "We spoke mostly about people who are already married, having done so overseas with both either being Seychellois or one Seychellois and the other an expatriate. Marriage is recognised internationally but we also want recognition here in Seychelles", said activist Sasha Alis. [13] [14]
The Catholic Church, the largest Christian denomination in Seychelles, 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. [15]
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Not all jurisdictions permit common law marriage, but will typically respect the validity of such a marriage lawfully entered in another state or country.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
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.
China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but polling suggests that support for same-sex marriage is rising in China.
Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.
Same-sex unions in the United States are available in various forms in all states and territories, except American Samoa. All states have legal same-sex marriage, while others have the options of civil unions, domestic partnerships, or reciprocal beneficiary relationships. The federal government only recognizes marriage and no other legal union for same-sex couples.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
India does not recognise same-sex marriage, civil unions or other forms of partnerships, but provides some limited legal recognition to cohabiting same-sex couples in the form of live-in relationships. Several same-sex couples have married in traditional Hindu ceremonies since the late 1980s; however, these marriages are not registered with the state and couples do not enjoy all the same rights and benefits as married opposite-sex couples. The Supreme Court of India in August 2022 provided social security rights to those in same-sex live-in relationships while also recognising same-sex couples as being part of a "family unit".
Singapore does not recognise same-sex marriages or civil unions. In 2022, the Parliament of Singapore passed a constitutional amendment giving itself "the power to define, regulate, protect and promote the institution of marriage".
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.
Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.
Barbados does not recognise same-sex unions. In September 2020, the government announced its intention to enact civil unions for same-sex couples, providing several of the rights, benefits and obligations of marriage. It also announced the possibility of holding a referendum on legalising 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.
Seychellois nationality law is regulated by the Constitution of Seychelles, as amended; the Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Seychelles. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Seychellois nationality is typically obtained under the principal of jus sanguinis, i.e. by birth in Seychelles or abroad to parents with Seychellois nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or registration.
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.
Status of same-sex unions around the world | ||
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