Same-sex marriage in the Falkland Islands

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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 2017. It was given royal assent by Governor Colin Roberts on 13 April, and went into effect on 29 April. The territory also recognises civil partnerships, which are open to both same-sex and different-sex couples.

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

Background

The Marriage Ordinance 1949, applying to both the Falkland Islands and South Georgia and the South Sandwich Islands, was enacted on 31 December 1949. The ordinance provided for the issuance of marriage licenses and empowered the Governor of the Falkland Islands to appoint registrars to conduct the marriage ceremony. The ordinance did not explicitly ban same-sex marriage, nor did it define the term "marriage". Nonetheless, a marriage between persons of the same sex was considered void ab initio in common law, and as such same-sex couples could not marry on the islands; [1] 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." [2] Explicit bans on same-sex marriages were enacted in England and Wales in the Nullity of Marriage Act 1971 , [3] and later the Matrimonial Causes Act 1973 . [4] Similar laws were passed in Scotland and Northern Ireland. These bans, since repealed, did not apply to the Falkland Islands.

The marriage ordinance was repealed in 1996 and replaced with the Marriage Ordinance 1996, which did not contain any changes with regard to the recognition of same-sex unions.

Same-sex marriage law

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  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

On 13 May 2015, the Attorney General of the Falkland Islands, Mark Lewis, recommended that the Executive Council consider the legalisation of same-sex marriage or civil partnerships in the territory. [5] On 13 January 2016, following a public consultation, the Council instructed the Attorney General to prepare an amendment to the island's marriage ordinance to permit same-sex marriages. [6] 90% of the participants to the consultation supported same-sex marriage, and 94% were in favour of civil partnerships for all couples. [7]

The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council instructed Lewis to publish it in the official gazette, thereby commencing the legislative process as a first reading, as well as to prepare further legislation necessary for its implementation. [8] On 30 March 2017, the Legislative Assembly approved the same-sex marriage bill by a 7 to 1 vote. [9] [10] [11] [12] The bill would allow same-sex couples to marry and enter into civil partnerships. [13] [14] [15] [16] A government spokesperson said, "The move sends a clear and powerful message that all people and all relationships are equal, it does not matter whether they are a same sex couple or not and the law now reflects the Falkland Islands' tradition of being an open, tolerant and respectful community." [9] The law received royal assent by Governor Colin Roberts on 13 April, [17] [18] and went into effect on 29 April 2017. [19] A community event to celebrate the legalisation of same-sex marriage took place in Stanley that same day. [20] [21] The first same-sex marriage in the Falkland Islands was performed at Christina Bay near Cape Pembroke on 20 November 2017. [22]

19 December 2017 vote in the Legislative Assembly [20] [23]
ConstituencyVoted forVoted againstAbstained
Stanley –
Camp ––
Total710

Sections 3A(1) and Section 3B of the marriage ordinance state: [24]

The marriage of same sex couples is lawful.

A same sex marriage solemnised under this Ordinance has and must be treated in the same manner and afforded the same status as a marriage between a man and a woman.

The Interpretation and General Clauses Ordinance was amended to state that "'marriage' includes a same sex marriage solemnised or recognised under the Marriage Ordinance 1996", and to state that all references to "husband", "wife", "husband and wife", and "widow and widower" in all other ordinances are to be read as including same-sex couples. [8] In law, a civil partnership is defined as "a relationship between a man and a woman or two people of the same sex ("civil partners") which is formed when they register as civil partners of each other". Civil partnerships performed abroad, such as in the United Kingdom, are recognised in the Falkland Islands.

Religious performance

While the Church of England has allowed its clergy to bless same-sex marriages since 17 December 2023, [25] [26] it is unclear if a similar policy exists in the Parish of the Falkland Islands, an extra-provincial church in the Anglican Communion. The 2016 public consultation on same-sex marriage showed that 87% of respondents supported church weddings for same-sex couples when permitted by the church concerned. [9]

See also

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A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

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.

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.

Same-sex marriage has been legal in Australia since 9 December 2017. Legislation to allow it, the Marriage Amendment Act 2017, passed the Parliament of Australia on 7 December 2017 and received royal assent from Governor-General Peter Cosgrove the following day. The law came into effect on 9 December, immediately recognising overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017. The passage of the law followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported legalisation of same-sex marriage.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span>

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Same-sex marriage is legal in the Australian Capital Territory, and in the rest of Australia, after the Federal Parliament legalised same-sex marriage in December 2017.

<span class="mw-page-title-main">LGBTQ 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">Mike Summers</span> Falkland islands politician

Michael Victor Summers is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Stanley constituency from 2011 to 2017. He was previously a Member of the Legislative Council from 1996–2009.

<span class="mw-page-title-main">LGBTQ rights in the Northern Territory</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Australia's Northern Territory have the same legal rights as non-LGBTQ people. The liberalisation of the rights of LGBTQ people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1984, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBTQ people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not explicitly cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

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<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 in 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.

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 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. ↑ 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.)
  2. ↑ "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.
  3. ↑ Cretney, Stephen (2003). Family law in the twentieth century: a history. Oxford University Press. pp. 70–71. ISBN   0-19-826899-8.
  4. ↑ "Matrimonial Causes Act 1973". Legislation.gov.uk. Section 11(c). Archived from the original on 7 January 2016. Retrieved 4 March 2012.
  5. ↑ "Family Law Review 2015 – Proposals for new policy development and legislation". fig.gov.fk. 13 May 2015. Archived from the original on 30 October 2015.
  6. ↑ "Family Law Review – Proposals for legislative drafting". fig.gov.fk. 13 January 2016. Archived from the original on 28 January 2016.
  7. ↑ "Falklands passes same sex marriage bill; invites non residents to share the legislation". Archived from the original on 4 August 2018. Retrieved 6 December 2019.
  8. 1 2 "32-17P: Family Law Review – marriage reform". fig.gov.fk. 22 February 2017. Archived from the original on 24 February 2017.
  9. 1 2 3 Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  10. ↑ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  11. ↑ "Order Paper for 30 March 2017". Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. Archived from the original on 28 June 2017. Refer to pp. 123-135 of the PDF
  12. ↑ "Facebook Post by FITV". Facebook.com. 3 April 2017. Retrieved 8 April 2017.
  13. ↑ Marchiano, Andrea (12 April 2017). "Falkland Islands votes overwhelmingly in favour of same-sex marriage". Gay Times. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  14. ↑ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  15. ↑ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  16. ↑ "Order Paper for 30 March 2017" (PDF). Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. pp. 123–135. Archived from the original on 28 June 2017. Retrieved 6 April 2017.
  17. ↑ Salerno, Rob (22 June 2017). "Falkland Islands Same-sex Marriage Update". Archived from the original on 28 June 2017.
  18. ↑ "Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill". Falkland Islands Government. 13 April 2017. Archived from the original on 28 June 2017.
  19. ↑ "Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]". Falkland Islands Legislation. 31 July 2017.
  20. 1 2 "Falklands plans to celebrate same sex marriage Bill next April 27". MercoPress. 13 April 2017. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  21. ↑ @Lisafalklands (29 April 2017). "Rainbow Community Fun Day in the #falklands celebrating new family/marriage laws #LGBT" (Tweet). Archived from the original on 29 April 2017. Retrieved 29 April 2017– via Twitter.
  22. ↑ "Marriage". www.fig.gov.fl. Archived from the original on 1 October 2020.
  23. ↑ "RECORD OF THE MEETING OF THE LEGISLATIVE ASSEMBLY - HELD AT NORTH ARM (30 MARCH 2017)". Legislative Assembly of the Falkland Islands. pp. 38–45. Archived from the original (PDF) on 28 April 2017. Retrieved 28 April 2017.
  24. ↑ "Marriage Ordinance 1996" (PDF). Falkland Islands Legislation. 31 July 2017. Archived (PDF) from the original on 2 August 2017. Retrieved 6 December 2019.
  25. ↑ Browning, Bil (16 November 2023). "Church of England will try out blessing same-sex marriages". LGBTQ Nation.
  26. ↑ Farley, Harry (16 November 2023). "Church of England backs services for gay couples". BBC News.
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