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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.
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 These bans, since repealed, did not apply to the British Indian Ocean Territory.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]
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]
The Chagos Archipelago or Chagos Islands is a group of seven atolls comprising more than 60 islands in the Indian Ocean about 500 kilometres (310 mi) south of the Maldives archipelago. This chain of islands is the southernmost archipelago of the Chagos–Laccadive Ridge, a long submarine mountain range in the Indian Ocean. In its north are the Salomon Islands, Nelson's Island and Peros Banhos; towards its south-west are the Three Brothers, Eagle, Egmont and Danger Island(s); southeast of these is Diego Garcia, by far the largest island. All are low-lying atolls, save for a few extremely small instances, set around lagoons.
Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the UK 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 Chagossians are an African ethnic group originating from French slaves brought to the Chagos Islands, specifically Diego Garcia, Peros Banhos, and the Salomon island chain, in the late 18th century. 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, as it is now the site of the military base dubbed Camp Thunder Cove.
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 pursuant to power granted to the federal parliament under s.51(xxi) of the Australian Constitution. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the adoption of the Act, while before 1961, each Australian state and territory had its own marriage laws.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in the Cayman Islands. Despite anti-gay attitudes expressed by certain members of the government, social acceptance by the Caymanian public has been known to be some of the best in the Caribbean. Some have attributed this to the strong British influence in the territory.
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 Order in Council, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.
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.
The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.
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.
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.
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 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 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 in 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 on 30 March, and was given royal assent by Governor Colin Roberts on 13 April. The territory also recognises civil partnerships, 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.
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