Recognition of same-sex unions in Guernsey

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CH, CA, GR3, JA*
· NA, QR, DF

Netherlands:
· Netherlands proper

New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· Pitcairn Islands
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal
Laws regarding same-sex partnerships in Europe
  Marriage
  Foreign marriages recognized
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples
---- Includes laws that have not yet gone into effect.

Guernsey does not recognise same-sex marriage and only recognises civil partnerships for some purposes. A motion to support same-sex marriage was approved by the States in December 2015, though formal implementation is likely to occur in early 2017.[1]

Recognition of abroad civil partnership and same-sex marriage

In Guernsey, civil partnerships performed in the United Kingdom and other relationships treated as such by the UK law have been recognised for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012, after approval by the States of Guernsey in December 2011.[2][3][4]

On 10 December 2015, the States approved the ordinance to recognize same-sex marriage and civil partnership performed abroad for the purposes of the Income Tax (Guernsey) Law, 1975. It will take effect on 1 January 2017.[5][6][7][8][9] On the same day, the States directed the preparation of the legislation to amend the Inheritance (Guernsey) Law, 2011 to recognise abroad same-sex marriages for its purposes.[7][10] The bill to this effect was submitted on 22 January 2016, and approved by the States on 2 March.[11][12][13]

On 17 June 2015, the States of Alderney unanimously approved the Inheritance (Alderney) Law, 2015, which include provision to recognise same-sex marriage and civil partnership performed abroad for its purposes.[14][15] It was registered on the records of the island on 9 November 2015 and took effect on 1 January 2016.[16][17]

Same-sex marriage

In January 2014 it was announced that within the next twelve months Deputies would debate whether to accept a States-recognised civil union proposal.[18] The proposed law, titled Union Civile, was said to be "the most forward-looking marriage law" in the world. The measure would end state-sanctioned marriages of any couple and instead replace it with Union Civile.[19] A consultation on the proposed Union Civile law began on 1 June 2015 and lasted until 13 July 2015.[20][21][22][23] If passed, the law will not apply to the entire bailiwick, but just to the islands of Guernsey, Herm, Jethou and Lihou.[24] On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.[25] On 30 October 2015, the Policy Council of Guernsey dropped the Union Civile plans and released a States Report asking the States to agree on introducing a same-sex marriage law and to direct the preparation of legislation to implement it at its meeting on 9 December 2015.[26][27] The States approved the proposal on 10 December 2015, in a 37–7 vote. An amendments to introduce civil partnerships or Union Civile rather than same-sex marriage were rejected.[28][29][30][31]

In February 2016, the working group, which consists of the Chief Minister Jonathan Le Tocq and Deputies Elis Bebb and Chris Green, was established in order to prepare the draft bill.[32]

See also

References

  1. "Same-sex marriage gets Guernsey States approval". BBC News. 10 December 2015.
  2. The Inheritance (Guernsey) Law, 2011
  3. The Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012
  4. Private client law in Guernsey: overview
  5. "2015 Billet d'État XXIII: The Income Tax (Guernsey) (Amendment) Ordinance, 2015". Government of Guernsey. p. 3477. Retrieved 12 December 2015.
  6. BILLET D’ÉTAT No. XXIII, 2015 9th DECEMBER 2015, pages 9–12
  7. 1 2 Resolutions, Billet XXIII, 8th & 10th December 2015
  8. The Income Tax (Guernsey) (Amendment) Ordinance, 2015 - Amendment
  9. The Income Tax (Guernsey) (Amendment) Ordinance, 2015
  10. "2015 Billet d'État XXIII: Policy Council – Same-Sex Marriage Inheritance Rights". Government of Guernsey. pp. 3577–3580. Retrieved 12 December 2015.
  11. "2016 March 2nd Billet VI - Projet de Loi entitled The Inheritance (Amendment) (Guernsey) Law, 2016". Government of Guernsey. p. 1177. Retrieved 3 March 2016.
  12. "2016 March 2nd Billet VI Legislation - The Inheritance (Amendment) (Guernsey) Law, 2016". Government of Guernsey. pp. 150–151. Retrieved 3 March 2016.
  13. "Resolutions, Billet VI, 2nd March 2016". Government of Guernsey. Retrieved 3 March 2016.
  14. "The Inheritance (Alderney) Law, 2015". Government of Guernsey. Retrieved 4 February 2016.
  15. Hansard Report from States Meeting on 17th June 2015
  16. Legislation most recently registered or approved
  17. Inheritance (Alderney) Law, 2015 (Commencement) Ordinance, 2015
  18. "Deputies to debate civil unions within the next year". Guernsey press. 30 January 2014. Retrieved 6 April 2014.
  19. "Guernsey marriage law most 'forward-looking' in the world". BBC News Guernsey. 29 May 2014.
  20. Guernsey States bids to axe 'marriage' for Union Civile
  21. Union Civile Consultation
  22. Union Civile proposal goes out to consultation
  23. Union Civile Consultation Launch
  24. Union Civile Consultation Frequently Asked Questions
  25. Consultation shows majority support same-sex marriage
  26. "2015 Billet d'État XXIII: Policy Council – Same-sex Marriage". Government of Guernsey. pp. 3483–3576. Retrieved 12 December 2015.
  27. Guernsey same-sex couples: Hundreds support legal recognition plans
  28. Same-sex marriage gets Guernsey States approval
  29. Guernsey will introduce same-sex marriage
  30. Policy Council - Same-Sex Partnerships - Amendments
  31. Policy Council - Same-Sex Partnerships - Voting Records
  32. Same-Sex Marriage Working Group progresses new legislation

External links

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