LGBT rights in the British Virgin Islands

LGBT rights in the British Virgin Islands

Same-sex sexual activity legal? Legal since 2001
Gender identity/expression –
Military service -UK overseas territory – United Kingdom responsible for defense thus Gay and Lesbians allows to serve openly.
Discrimination protections – All gay discrimination banned.
Family rights
Recognition of
relationships		 No
Adoption –

LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries.

Law regarding same-sex sexual activity

Before 2000, anal sex was a criminal offence referred to as the crime of buggery under the British Virgin Islands Criminal Code. However, sexual acts between two consenting adult males in private were expressly decriminalized by an Order in Council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).[1] According to section 4 of the order, the law has retrospective effect. There are two exceptions to the law: group sex, or sex in public, remains a criminal offence and may also lead to a charge under gross indecency and other minor sexual offence laws.[2] Homosexual acts between women have never been criminalised in the Territory.

As a British overseas territory, the British Virgin Islands Government is required to comply with their obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention on Human Rights which highlight a responsibility to ensure non-discrimination.[3] The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction.[4]

Recognition of same-sex relationships

Same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious society,[5] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[6] and political leaders have taken an unsympathetic approach in public.[7] Her Majesty's Government has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of Order-in-Council.[8] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[9]

Summary table

Same-sex sexual activity legal (Since 2000)
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military UK responsible for defence
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. ↑ "Britain Scraps Homosexuality Laws". Glapn.org. Retrieved 19 January 2011.
  2. ↑ "Local News – British Virgin Islands". Island Sun. Retrieved 19 January 2011.
  3. ↑ "Country Profile: British Virgin Islands (British Overseas Territory)". Fco.gov.uk. Retrieved 19 January 2011.
  4. ↑ Wang Zhongyong v Union Zone Management (unreported) (BVIHC (Com) 0126/2011
  5. ↑ The constitution of the Virgin Islands defines the country as one which "believes in God" (at section 2(1)). See also: Christianity by country.
  6. ↑ "Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages". BVI Platinum news. 2012-05-12.
  7. ↑ "None Of Us Will Probably Vote For Same Sex Marriage - Health Minister". BVI Platinum News. 2013-02-19.
  8. ↑ "UK Will Not Force BVI To Accept Same Sex Marriage - Governor". Platinum News. 20 January 2014.
  9. ↑ The Virgin Islands Constitution Order 2007, sections 9 and 26.
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