Same-sex marriage in the British Antarctic Territory

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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.

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The British Antarctic Territory was the fifth British Overseas Territory to legalise same-sex marriage after South Georgia and the South Sandwich Islands, Akrotiri and Dhekelia, the British Indian Ocean Territory and the Pitcairn Islands.

Background

In 1908, the United Kingdom declared sovereignty over South Georgia, the South Sandwich Islands, the South Shetland Islands, the South Orkney Islands and Graham Land. In 1917, the UK modified its claim, so as to include all the territory in the sector stretching to the South Pole. The territories were administered as Falkland Islands Dependencies. The British Antarctic Territory, comprising the Antarctic Peninsula with the sector extending to the South Pole, the South Shetland Islands and the South Orkney Islands, was formed and became its own separate territory in 1962 with the enactment of the British Antarctic Territory Order in Council 1962. [1]

The British Antarctic Territory Order 1989, [2] enacted by the Privy Council in May 1989, provides for a head of government in the territory, known as the Commissioner for the British Antarctic Territory. The Commissioner can make laws, known as ordinances, covering different aspects of life in the territory, including the judicial system, tax, the allocation of public funds, the environment and marriage. [3] Concerning matters not covered by local legislation, the law in force in England and Wales shall be applied in the territory, in accordance with the Administration of Justice Ordinance 1990. [3]

Same-sex marriage law

In July 2016, Commissioner Peter Hayes published a draft of a new marriage ordinance to repeal the Marriage Ordinance 1990. [4] In a report explaining the reasons for the new ordinance, the Foreign and Commonwealth Office wrote that it "imports provisions from the law in England in relation to the capacity to marry and the requirements for consent. It is this provision, together with other reformed sections that would allow persons of the same sex to get married in the Territory." [5] Same-sex marriage has been legal in England and Wales since 13 March 2014, following the enactment of the Marriage (Same Sex Couples) Act 2013 , which received royal assent by Her Majesty Queen Elizabeth II on 17 July 2013.

The draft was under consultation between 2 August and 30 September 2016. [6] [7] The ordinance was proclaimed by Commissioner Hayes on 13 October 2016 and took effect forthwith. [8] [9] Along with reformed sections permitting same-sex couples to marry, the ordinance made it easier for marriages to be arranged in the territory. Marriages are solemnised by marriage officers, who are appointed by the Commissioner, at "any place that the marriage officer considers suitable", either within the territory or on board a ship within territorial waters. [10] If the intending spouses are British citizens, the marriage will be automatically recognised in the UK.

The first same-sex marriage in the territory took place on 24 April 2022 between Eric Bourne and Stephen Carpenter on board RRS Sir David Attenborough near the Rothera Research Station on Adelaide Island. [11] The first lesbian marriage occurred on 14 February 2023 between Sarah and June Snyder-Kamen at Bongrain Point, Pourquoi Pas Island. [12]

See also

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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">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>

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

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

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

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.

<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 Akrotiri and Dhekelia since 3 June 2014. An Order in Council to legalise same-sex marriages was approved by the Privy Council of the United Kingdom on 28 April 2014 and came into effect on 3 June. However, this only applies if one of the parties to the marriage is a member of the British Armed Forces. The order does not apply to the local civil population residing in Akrotiri and Dhekelia. Military personnel have also been able to enter into civil partnerships since 2005.

Same-sex marriage has been legal in the British Indian Ocean Territory since 3 June 2014. An Order in Council to legalise same-sex marriages was enacted by the Privy Council of the United Kingdom on 28 April 2014, and took effect on 3 June. The British Indian Ocean Territory, despite having no permanent population, was among the first British Overseas Territories to legalise same-sex marriage.

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, and was given royal assent by Governor Colin Roberts on 13 April. The territory also recognises civil partnerships, which are open to both same-sex and different-sex couples.

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.

Civil partnerships have been recognised for same-sex couples in Scotland since 2005 following the enactment of the Civil Partnership Act 2004. The Act gives same-sex couples most of the rights and responsibilities of civil marriage.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Antarctica may experience different rights depending on their nationality.

References

  1. ↑ "History of the Territory". britishantarcticterritory.org.uk.
  2. ↑ "The British Antarctic Territory Order 1989". www.legislation.gov.uk.
  3. 1 2 "Legislation". britishantarcticterritory.org.uk.
  4. ↑ "Marriage Ordinance 1990". assets.publishing.service.gov.uk.
  5. ↑ "The Marriage Ordinance 2016 – Reasons and Occasion" (PDF). gov.uk. 2 August 2016. Archived from the original (PDF) on 29 October 2016.
  6. ↑ "Review of British Antarctic Territory legislation: marriage". gov.uk. 2 August 2016. Archived from the original on 29 October 2016.
  7. ↑ "The Marriage Ordinance 2016 (Draft)" (PDF). gov.uk. July 2016. Archived from the original (PDF) on 24 September 2016. Retrieved 30 April 2021.
  8. ↑ "The Marriage Ordinance 2016" (PDF). gov.uk. 13 October 2016. Archived from the original (PDF) on 20 October 2016.
  9. ↑ "Review of British Antarctic Territory legislation: changes to the marriage and registration ordinances". gov.uk. 19 October 2016. Archived from the original on 26 October 2016.
  10. ↑ "Getting married in Antarctica". gov.uk. 20 October 2016. Archived from the original on 3 April 2017.
  11. ↑ "First same-sex marriage held in British Antarctic Territory as research ship's crew tie the knot". Sky News. 25 April 2022.
  12. ↑ "Couple make history in first female same-sex wedding on British Antarctic Territory". Sky News. 26 February 2023. Retrieved 15 April 2024.
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