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.[1]
Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences, referred to as "buggery" under the British Virgin Islands Criminal Code. Lesbian activity has never been illegal. Age of consent is set at 16, regardless of gender or sexual orientation.
Sexual acts between two consenting adults in private were expressly decriminalized by an Order in Council in the British Virgin Islands (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000.[2] According to section 4 of the order, the law has retrospective effect. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.[3]
As a British Overseas Territory, the British Virgin Islands Government is required to comply with their obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlight a responsibility to ensure non-discrimination and equality.[4] The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction.[5]
Recognition of same-sex relationships
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
Same-sex marriage
Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
Other type of partnership
Unregistered cohabitation
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced
Same-sex marriages and civil unions are not legal in the British Virgin Islands. The British Virgin Islands is an extremely religious society,[6] and no discussion relating to legalisation has yet occurred in the House of Assembly.
In 2015, Premier Orlando Smith, whilst affirming his personal opposition to same-sex marriage, indicated that he is open to public consultation on the issue.[7] However, the Marriage (Amendment) Act 2017 made no provision for same-sex marriages, and politicians speaking in the House of Assembly took time to comment on the absence of such provisions and express hostility to same-sex marriage and LGBT people more broadly.[8]
Church leaders have indicated hostility towards the possibility of legalisation,[9] and political leaders have taken an unsympathetic approach in public.[10]Her Majesty's Government has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of an Order in Council.[11]
In 2021 a local couple sought a judicial review challenging the constitutionality of the refusal to recognise their same-sex marriage (celebrated in the United Kingdom).[12] The proceeding was stayed pending the outcome of appeals to the Privy Council in two cases involving Bermuda and the Cayman Islands, though evidentiary proceedings were continued in July 2022 as the government defended the island's statute banning same-sex marriage in the court.[13] In December 2022 the Premier of the British Virigin Islands Natalio Wheatley announced the government would seek to pass legislation authorising it to hold a referendum on same-sex marriage and expansion of domestic partnership rights in 2023.[14]
Discrimination protections
The 2007 Constitution prohibits discrimination against people on the basis of sexual orientation:[15]
Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedoms of the individual;
Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind, such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status, subject only to prescribed limitations;
"Discriminatory" means affording different treatment to different persons on any ground such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status
Living conditions
The British Virgin Islands is a conservative and religious society. Open displays of affection between same-sex partners may offend, and LGBT people generally keep their sexual orientation a secret and stay in the closet.[16] There are reports of same-sex couples and LGBT people being harassed and even physically attacked.[16] Some of these violent attacks have been justified or excused by locals as simply "following the Bible".
Summary table
Same-sex sexual activity legal
(Since 2001)
Equal age of consent (16)
(Since 2001)
Anti-discrimination laws in employment
(Since 2007)
Anti-discrimination laws in the provision of goods and services
(Since 2007)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
^State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults 2013-07-17 at the Wayback Machine
^"Britain Scraps Homosexuality Laws". Glapn.org. Retrieved 19 January 2011.
^. Island Sun. Archived from the original on 13 July 2011. Retrieved 19 January 2011.
^. Fco.gov.uk. Archived from the original on 13 April 2011. Retrieved 19 January 2011.
^Wang Zhongyong v Union Zone Management (unreported) (BVIHC (Com) 0126/2011
^The Constitution of the Virgin Islands defines the territory as one which "believes in God" (article 2(1)). See also: Christianity by country.
^. BVI News. 16 July 2015. Archived from the original on 4 October 2017. Retrieved 3 October 2017.
^"We don't support gay marriage here, visitors told". BVI News. 8 December 2017.
^"Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages". BVI Platinum news. 12 May 2012.
^"None of Us Will Probably Vote For Same Sex Marriage - Health Minister". BVI Platinum News. 19 February 2013.
^"UK Will Not Force BVI To Accept Same Sex Marriage - Governor". Platinum News. 20 January 2014.
^"EXCLUSIVE: Same-Sex Couple Moves To Court To Have Marriage Legalise". BVI Platinum News. 1 November 2021.
^"Christian Council loses appeal bid in same-sex marriage case". BVI News. 29 July 2022.
^"BVI to hold referendum on whether to legalise same-sex marriage". BVI News. 19 December 2022.
^The Virgin Islands Constitution Order 2007, articles 9 and 26.
^ ab"Gay Life in British Virgin Islands - GlobalGayz". www.globalgayz.com.
January 24, 2023
lgbt, rights, british, virgin, islands, lesbian, bisexual, transgender, lgbt, persons, british, virgin, islands, face, legal, challenges, experienced, lgbt, residents, same, sexual, activity, been, legal, british, virgin, islands, since, 2001, british, virgin,. 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 1 LGBT rights in the British Virgin IslandsBritish Virgin IslandsStatusLegal since 2001Gender identityNoMilitaryYesDiscrimination protectionsYes sexual orientation onlyFamily rightsRecognition of relationshipsNoAdoptionNo Contents 1 Law regarding same sex sexual activity 2 Recognition of same sex relationships 3 Discrimination protections 4 Living conditions 5 Summary table 6 See also 7 ReferencesLaw regarding same sex sexual activity EditBefore 2001 anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences referred to as buggery under the British Virgin Islands Criminal Code Lesbian activity has never been illegal Age of consent is set at 16 regardless of gender or sexual orientation Sexual acts between two consenting adults in private were expressly decriminalized by an Order in Council in the British Virgin Islands and other British Overseas Territories by the British Government pursuant to Sections 3 1 and 3 7 of the Caribbean Territories Criminal Law Order 2000 2 According to section 4 of the order the law has retrospective effect There are two exceptions to the law group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws 3 As a British Overseas Territory the British Virgin Islands Government is required to comply with their obligations under international human rights instruments Specifically this includes an adherence to the European Convention on Human Rights which highlight a responsibility to ensure non discrimination and equality 4 The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction 5 Recognition of same sex relationships Edit Recognition of same sex unions in the Lesser Antilles and Puerto Rico Same sex marriage Binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same sex couples Constitutional ban on same sex marriage Same sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling vte Main article Recognition of same sex unions in the British Overseas Territories Same sex marriages and civil unions are not legal in the British Virgin Islands The British Virgin Islands is an extremely religious society 6 and no discussion relating to legalisation has yet occurred in the House of Assembly In 2015 Premier Orlando Smith whilst affirming his personal opposition to same sex marriage indicated that he is open to public consultation on the issue 7 However the Marriage Amendment Act 2017 made no provision for same sex marriages and politicians speaking in the House of Assembly took time to comment on the absence of such provisions and express hostility to same sex marriage and LGBT people more broadly 8 Church leaders have indicated hostility towards the possibility of legalisation 9 and political leaders have taken an unsympathetic approach in public 10 Her Majesty s Government has confirmed that it will not impose recognition of same sex marriages in the British Virgin Islands by way of an Order in Council 11 In 2021 a local couple sought a judicial review challenging the constitutionality of the refusal to recognise their same sex marriage celebrated in the United Kingdom 12 The proceeding was stayed pending the outcome of appeals to the Privy Council in two cases involving Bermuda and the Cayman Islands though evidentiary proceedings were continued in July 2022 as the government defended the island s statute banning same sex marriage in the court 13 In December 2022 the Premier of the British Virigin Islands Natalio Wheatley announced the government would seek to pass legislation authorising it to hold a referendum on same sex marriage and expansion of domestic partnership rights in 2023 14 Discrimination protections EditThe 2007 Constitution prohibits discrimination against people on the basis of sexual orientation 15 Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedoms of the individual Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind such as sex race colour language religion political or other opinion national ethnic or social origin association with a national minority property family relations economic status disability age birth sexual orientation marital or other status subject only to prescribed limitations Discriminatory means affording different treatment to different persons on any ground such as sex race colour language religion political or other opinion national ethnic or social origin association with a national minority property family relations economic status disability age birth sexual orientation marital or other statusLiving conditions EditThe British Virgin Islands is a conservative and religious society Open displays of affection between same sex partners may offend and LGBT people generally keep their sexual orientation a secret and stay in the closet 16 There are reports of same sex couples and LGBT people being harassed and even physically attacked 16 Some of these violent attacks have been justified or excused by locals as simply following the Bible Summary table EditSame sex sexual activity legal Since 2001 Equal age of consent 16 Since 2001 Anti discrimination laws in employment Since 2007 Anti discrimination laws in the provision of goods and services Since 2007 Anti discrimination laws in all other areas incl indirect discrimination hate speech Since 2007 Same sex marriages Recognition of same sex couples Stepchild adoption by same sex couples Joint adoption by same sex couples LGBT allowed to serve openly in the military Responsibility of the United Kingdom Right to change legal gender Access to IVF for lesbians Commercial surrogacy for gay male couples Banned for heterosexual couples as well MSMs allowed to donate blood See also Edit LGBT portalHuman rights in the British Virgin Islands LGBT rights in the Americas LGBT rights in the United Kingdom Recognition of same sex unions in the British Overseas Territories LGBT rights in the United States Virgin IslandsReferences Edit State sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013 07 17 at the Wayback Machine Britain Scraps Homosexuality Laws Glapn org Retrieved 19 January 2011 Local News British Virgin Islands Island Sun Archived from the original on 13 July 2011 Retrieved 19 January 2011 Country Profile British Virgin Islands British Overseas Territory Fco gov uk Archived from the original on 13 April 2011 Retrieved 19 January 2011 Wang Zhongyong v Union Zone Management unreported BVIHC Com 0126 2011 The Constitution of the Virgin Islands defines the territory as one which believes in God article 2 1 See also Christianity by country BVI public to decide on gay marriage if necessary BVI News 16 July 2015 Archived from the original on 4 October 2017 Retrieved 3 October 2017 We don t support gay marriage here visitors told BVI News 8 December 2017 Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages BVI Platinum news 12 May 2012 None of Us Will Probably Vote For Same Sex Marriage Health Minister BVI Platinum News 19 February 2013 UK Will Not Force BVI To Accept Same Sex Marriage Governor Platinum News 20 January 2014 EXCLUSIVE Same Sex Couple Moves To Court To Have Marriage Legalise BVI Platinum News 1 November 2021 Christian Council loses appeal bid in same sex marriage case BVI News 29 July 2022 BVI to hold referendum on whether to legalise same sex marriage BVI News 19 December 2022 The Virgin Islands Constitution Order 2007 articles 9 and 26 a b Gay Life in British Virgin Islands GlobalGayz www globalgayz com Retrieved from https en wikipedia org w index php title LGBT rights in the British Virgin Islands amp oldid 1128452530, wikipedia, wiki, book, books, library,
