Same-sex marriage in the British Indian Ocean Territory

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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. [1] The British Indian Ocean Territory, despite having no permanent population, was among the first British Overseas Territories to legalise same-sex marriage.

Contents

Background

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
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Marriage performed
Marriage recognized
Other type of partnership
Legal guardianships or unregistered cohabitation
Limited foreign recognition (residency rights)
No recognition of same-sex couples
Restrictions on freedom of expression, not enforced
Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
Prison, not enforced
Prison
Death penalty on books, not enforced
Enforced death penalty
v
t
e Asia homosexuality laws.svg
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

In 1965, the United Kingdom split the Chagos Archipelago from Mauritius to form the British Indian Ocean Territory. The islands had previously been governed as a dependency of British Mauritius from 1810. Between 1968 and 1973, British authorities forcibly removed the local Chagossian population from Diego Garcia, Peros Banhos and the Salomon Islands. [2] In 1971, the UK signed a treaty with the United States, leasing the island of Diego Garcia to the U.S. Armed Forces for the purposes of building a large air and naval base on the island. [3]

The laws of the territory are based on the British Indian Ocean Territory (Constitution) Order 2004, which gives the Commissioner for the British Indian Ocean Territory the authority to make laws in the territory. The Government of the United Kingdom may also enact laws that are directly applicable to the territory. Concerning matters not covered by local legislation or directly applied UK legislation, then, in accordance with the Courts Ordinance 1983, the law in force in England and Wales shall be in force in the British Indian Ocean Territory. [4] In common law, a marriage between persons of the same sex was void ab initio. [5] In 1866, in Hyde v Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began: "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others." [6] Explicit bans on same-sex marriages were enacted in England and Wales in the Nullity of Marriage Act 1971 , [7] and later the Matrimonial Causes Act 1973 . [8] Similar laws were passed in Scotland and Northern Ireland. These bans, since repealed, did not apply to the British Indian Ocean Territory.

All residents of the British Indian Ocean Territory are either members of the British or American armed forces or associated contractors assigned to the Naval Support Facility Diego Garcia. American soldiers are permitted to marry; however, United States Navy regulations prohibit any married couple from being stationed together on Diego Garcia, whether in a military or civilian capacity. Therefore, one member of the couple would be immediately reassigned. [9]

Same-sex marriage law

On 17 July 2013, Her Majesty Queen Elizabeth II granted royal assent to the Marriage (Same Sex Couples) Act 2013 which legalised same-sex marriage in England and Wales. [10] Sections of the Act permitting same-sex marriages to be solemnised went into effect on 13 March 2014, with the first same-sex marriage ceremonies in England occurring on 29 March 2014. [11]

On 28 April 2014, the Privy Council of the United Kingdom enacted the Overseas Marriage (Armed Forces) Order 2014, which took effect on 3 June 2014. The order permits same-sex marriages to be conducted at all British Army bases, including the base in Diego Garcia. The intending spouses must provide an advance notice of marriage to their commanding officer, who will then issue a certificate permitting the marriage to be solemnised if the parties meet all the requirements to marry. One of the parties must be a member of the British Armed Forces, or be a person who performs "administrative, executive, judicial, clerical, typing, duplicating, machine operating, paper keeping, managerial, professional, scientific, experimental, technical, industrial or labouring functions" for the Armed Forces, [1] serving in the territory. The marriage of a same-sex couple may also be solemnised according to the rites of a religious denomination, with the exception of the Church of England and the Church in Wales. [1] [12]

In February 2020, MP Christopher Pincher, answering as Parliamentary Private Secretary for the Foreign Secretary, confirmed that the "laws in the uninhabited territories of the British Indian Ocean Territory, [...] allow for same-sex marriage." [13]

See also

Related Research Articles

Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom 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. The United Kingdom was the 27th country in the world and the sixteenth in Europe to allow same-sex couples to marry nationwide. Polling suggests that a majority of British people support the legal recognition of same-sex marriage.

<span class="mw-page-title-main">Chagossians</span> Ethnic classification for the pre-1969 inhabitants of the Chagos Islands

The Chagossians are an Afro-Asian ethnic group originating from freed African slaves brought to the Chagos Islands, specifically Diego Garcia, Peros Banhos, and the Salomon island chain, in the late 18th century as well as people of Asian descent. Under international law, they are the indigenous people of the Chagos archipelago. Most Chagossians now live in Mauritius and the United Kingdom after being forcibly removed by the British government in the late 1960s and early 1970s so that Diego Garcia, the island where most Chagossians lived, could serve as the location for a United States military base. Today, no Chagossians are allowed to live on the island of Diego Garcia or anywhere in the Chagos archipelago, despite many of the islands they used to inhabit being over 160 km away from Diego Garcia.

<span class="mw-page-title-main">Marriage Act 1961 (Australia)</span>

The Marriage Act 1961(Cth) is an act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made under the power granted to the federal parliament under section 51(xxi) of the Australian Constitution. Before the passage of the Act, each state and territory had its own marriage laws. The Act only recognises monogamous marriages that comply with the requirements of the Act; other forms of union, including traditional Aboriginal marriages, are not recognised. However, the Family Law Act 1975 treats de facto relationships and polygamous marriages as marriages for the purpose of recognising the rights of parties at a breakup. Since 2009, the Family Law Act 2009 has also recognised the property rights of each partner of de facto relationships on separation.

<span class="mw-page-title-main">LGBT 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">British Indian Ocean Territory</span> British Overseas Territory in the Indian Ocean

The British Indian Ocean Territory (BIOT) is an Overseas Territory of the United Kingdom situated in the Indian Ocean, halfway between Tanzania and Indonesia. The territory comprises the seven atolls of the Chagos Archipelago with over 1,000 individual islands, many very small, amounting to a total land area of 60 square kilometres. The largest and most southerly island is Diego Garcia, 27 square kilometres, the site of a Joint Military Facility of the United Kingdom and the United States. Official administration is remote from London, though the local capital is often regarded as being on Diego Garcia.

<span class="mw-page-title-main">LGBT 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.

<i>R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2)</i> UK constitutional law case on the Chagos Islanders

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.

<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">Chagos Archipelago sovereignty dispute</span> Dispute between Mauritius and the United Kingdom

Sovereignty over the Chagos Archipelago is disputed between Mauritius and the United Kingdom. Mauritius has repeatedly stated that the Chagos Archipelago is part of its territory and that the United Kingdom claim is a violation of United Nations resolutions banning the dismemberment of colonial territories before independence. On 22 May 2019, the United Nations General Assembly adopted a non-binding resolution declaring that the archipelago was part of Mauritius; 116 countries voted in favor of Mauritius while six opposed it.

<span class="mw-page-title-main">Foreign Marriage Act 1892</span> United Kingdom law recognising marriages abroad

The Foreign Marriage Act 1892 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland, enacted to provide legal authority for marriages of British subjects performed outside the United Kingdom. It authorised British officials abroad to perform the marriage ceremony, and set out the necessary formalities to be followed, such as notice requirements and registration of the marriage with the British government. Marriages performed under the act would then be recognised under British law as if they had been performed in the United Kingdom. The act also provided that marriages performed abroad under local laws could be registered with the British government, provided a British consular official personally witnessed the marriage.

<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.

<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.

British Forces British Indian Ocean Territories (BFBIOT) is the name for the British Armed Forces Permanent Joint Operating Base (PJOB) on Diego Garcia, in the British Indian Ocean Territory. While the naval and airbase facilities on Diego Garcia are leased to the United States as Naval Support Facility Diego Garcia, in practice, the base operates as a joint UK-US base, with the United Kingdom retaining full and continual access.

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 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.

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.

References

  1. 1 2 3 "Overseas Marriage (Armed Forces) Order 2014" (PDF). Legislation.gov.uk. 28 April 2014.
  2. Twyman-Ghoshal, Anamika (24 February 2022). "How the US and UK worked together to recolonise the Chagos Islands and evict Chagossians". The Conservation.
  3. "History of the British Indian Ocean Territory". biot.gov.io. Retrieved 9 September 2022.
  4. "Governance of the British Indian Ocean Territory". biot.gov.io. Retrieved 9 September 2022.
  5. 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.)
  6. "Hyde v. Hyde and Woodmansee [L.R.] 1 P. & D. 130". United Settlement. Archived from the original on 29 March 2016. Retrieved 29 March 2016.
  7. Cretney, Stephen (2003). Family law in the twentieth century: a history. Oxford University Press. pp. 70–71. ISBN   0-19-826899-8.
  8. "Matrimonial Causes Act 1973". Legislation.gov.uk. Section 11(c). Archived from the original on 7 January 2016. Retrieved 4 March 2012.
  9. "MILPERSMAN 1300-314" (PDF). public.navy.mil. 3 August 2014.
  10. "Marriage (Same Sex Couples) Bill receives Royal Assent". Gov.uk. Retrieved 9 September 2022.
  11. "First Same Sex weddings to happen from 29 March 2014". Government of the United Kingdom. Archived from the original on 4 March 2016. Retrieved 16 January 2014.
  12. "Marriage (Same Sex Couples) Act 2013, Schedule 6, Part 3, Marriage of forces personnel under UK law". www.legislation.gov.uk.
  13. "British Overseas Territories: Civil Partnerships, Question for Foreign and Commonwealth Office". UK Parliament. 10 February 2020.