LGBT rights in the British Virgin Islands

LGBTQ rights in the British Virgin Islands

British Virgin Islands

Status| Legal since 2001
Gender identity| No
Military| Yes
Discrimination protections| Yes, sexual orientation only
Family rights
Recognition of relationships| No
Adoption| No
Part of a series on

LGBT rights
in the United Kingdom
By location

United Kingdom

|  |  Scotland

|

|  Northern Ireland

Crown dependencies

|  |  Guernsey

|

|  Jersey
|  Isle of Man

Overseas Territories

|  |  Anguilla

|

|  Akrotiri and Dhekelia
|  Bermuda
|  British Virgin Islands
|  Cayman Islands
|  Falkland Islands
|  Gibraltar
|  Montserrat
|  Pitcairn Islands
|  Saint Helena, Ascension and
Tristan da Cunha
|  Turks and Caicos Islands

Same-sex marriage by territory

|  |  United Kingdom

|

|  Scotland
|  Northern Ireland
|  Guernsey
|  Jersey
|  Isle of Man
|  Akrotiri and Dhekelia
|  Bermuda
|  British Antarctic Territory
|  British Indian Ocean Territory
|  Cayman Islands
|  Falkland Islands
|  Gibraltar
|  Pitcairn Islands
|  Saint Helena, Ascension and
Tristan da Cunha
|  South Georgia and the
South Sandwich Islands

Policy aspects

Sexual orientation

* Adoption
* Age of consent
* Blood donation
* Christian nation
* Civil partnership
* History of violence
* HIV/AIDS
* Military policy
* Same-sex marriage

Gender identity, sex and intersex

* Transgender rights
* Intersex rights
* NHS Gender Identity Development Service
* Gender Recognition Panel

Legislation

Criminality

* Buggery Act 1533
* Offences Against the Person Act 1828
* Offences Against the Person Act 1861
* Labouchere Amendment
* Wolfenden report
* Sexual Offences Act 1967
* Criminal Justice (Scotland) Act 1980
* Homosexual Offences Order 1982
* Section 28
* Criminal Justice and Public Order Act 1994
* Sexual Offences (Amendment) Act 2000
* Sexual Offences Act 2003
* Policing and Crime Act 2017
* Alan Turing law
* Merchant Shipping (Homosexual Conduct) Act 2017
* Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

Protection and recognition

* Public Order Act 1986
* Sex Discrimination (Gender Reassignment) Regulations 1999
* Adoption and Children Act 2002
* Employment Equality (Sexual Orientation) Regulations 2003
* Civil Partnership Act 2004
* Gender Recognition Act 2004
* Equality Act 2006
* Equality Act (Sexual Orientation) Regulations 2007
* Criminal Justice and Immigration Act 2008
* Human Fertilisation and Embryology Act 2008
* Equality Act 2010
* Marriage (Same Sex Couples) Act 2013
* Marriage and Civil Partnership (Scotland) Act 2014
* Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
* Northern Ireland (Executive Formation etc) Act 2019

Litigation

* Corbett v Corbett (1969)
* X v United Kingdom (1978)
* Dudgeon v United Kingdom (1981)
* R v Brown (1993)
* Sutherland v United Kingdom (1994)
* Smith and Grady v United Kingdom (1999)
* Goodwin & I v United Kingdom (2002)
* HJ and HT v Home Secretary (2010)
* National AIDS Trust v NHS Service Commissioning Board (2016)
* Bell v Tavistock (2021)
* AB v CD and others (2021)

Culture

By city

* Brighton
* Cardiff
* London
* Liverpool
* Leeds
* Manchester

Gay villages

* Birmingham Gay Village
* The Calls
* Canal Street (Manchester)
* Old Compton Street
* Pride Quarter, Liverpool
* Vauxhall

Gay male

* Polari
* Saunas
* Cruising

Organisations

LGBT advocacy and support

* Stonewall
* Hall–Carpenter Archives
* Black Gay Men's Advisory Group
* Akt
* Naz and Matt Foundation
* FFLAG
* LGBT Foundation
* LGBT Network
* Outright Scotland
* Switchboard (UK)
* NUS LGBT
* LGBT+ Liberal Democrats
* LGBT+ Conservatives
* LGBT+ Labour
* Labour Campaign for Trans Rights
* Mermaids
* Press for Change
* The Gender Trust

Pride events

* BiCon (UK)
* Big Gay Out
* Birmingham Pride
* Bourne Free
* Brighton Pride
* Bristol Pride
* Doncaster Pride
* GFest – gayWise LGBT Arts Festival
* Glasgay! Festival
* Homotopia (Liverpool)
* Leeds Pride
* Leicester Pride
* LGBT History Month
* BFI Flare: London LGBT Film Festival
* Manchester Pride
* Mr Gay UK
* Mr Gay Wales
* Northern Pride
* Nottinghamshire Pride
* Pride Cymru
* Pride Glasgow
* Pride in Hull
* Pride in Liverpool
* Pride in London
* Pride Scotia
* Reading Pride
* Swansea Pride
* Worthing Pride

Former groups

* OutRage!
* Campaign for Homosexual Equality
* Homosexual Law Reform Society
* Gay Liberation Front
* Gay Rights Working Party
* Order of Chaeronea

History

Topics

* Timeline
* List of politicians
* First LGBT officeholders
* Violence against LGBT people
* HIV/AIDS crisis
* Death penalty

Timeline

|  342|  MSM activity made illegal

|

1533|  Death penalty introduced for MSM activity
1543|  Buggery Act extended to Wales
1828 |  Offences Against the Person Act 1828
1835|  James Pratt and John Smith executed
1861|  Death penalty for buggery abolished
1885|  Labouchere Amendment introduced
1889|  Cleveland Street scandal
1895|  Oscar Wilde found guilty of gross indecency
1912|  The Cave of the Golden Calf opens
1921|  Plans to make lesbian activity illegal defeated
1936|  Mark Weston transitions
1952|  John Nott-Bower begins crackdown
1954|  Pitt-Rivers, Montagu, Wildeblood imprisoned
1954|  Alan Turing commits suicide
1957|  Wolfenden report released
1967|  MSM activity made legal (England & Wales)
1972|  First British Gay Pride Rally
1976|  Jeremy Thorpe resigns as Liberal leader
1981|  MSM activity made legal (Scotland)
1981|  First case of AIDS reported in the UK
1982|  MSM activity made legal (NI)
1983|  Gay men barred from donating blood
1984|  Chris Smith elected as first openly gay MP
1987|  Operation Spanner begins
1988|  Section 28 comes into force
1989|  Stonewall UK forms
1994|  Age of consent for MSM becomes 18
1997|  Angela Eagle becomes first openly lesbian MP
1998|  Bolton 7 found guilty
1998|  Lord Alli becomes first openly gay Lord
1999|  Admiral Duncan bombing
2000|  Gay men allowed in HM Armed Forces
2001|  Age of consent equalised to 16
2001|  MSM activity involving multiple men legal
2002|  Same sex couples granted equal rights to adopt
2003|  Section 28 repealed
2004|  Civil partnerships introduced
2004|  Gender Recognition Act 2004
2006|  Discrimination made illegal
2008|  Equalised access to IVF for lesbian couples
2008|  Incitement to homophobic hatred made a crime
2009|  Public apology to Alan Turing
2010|  Equality Act 2010
2011|  Gay men allowed to donate blood (1 yr deferral)
2013|  Nikki Sinclaire becomes first openly trans MEP
2013|  Marriage (Same Sex Couples) Act 2013
2014|  First same-sex marriages take place
2016|  MSM activity not grounds for military discharge
2017|  Turing law implemented
2017|  Blood donation deferral 3 months (excl. NI)
2019|  MPs legislate for gay marriage in NI
2020|  Gay marriage legal across UK, incl. NI
2020|  Blood donation deferral 3 months (incl. NI)
2021|  Blood donation deferral equalised

* LGBTQ portal
* UK portal

* v
* t
* e

Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.[1]

## Law regarding same-sex sexual activity

[edit]

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

[edit]

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico

Same-sex marriage

Unregistered cohabitation

Island subject to IACHR ruling

No recognition of same-sex couples

Constitutional ban on same-sex marriage

Same-sex sexual activity illegal but penalties not enforced

* * *

* v
* t
* e

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] His 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

[edit]

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

[edit]

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

[edit]

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)  |  (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 sex  |
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]

* LGBTQ portal

* Human 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 Islands

## References

[edit]

1. ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-17 at the Wayback Machine
2. ^ "Britain Scraps Homosexuality Laws". Glapn.org. Retrieved 19 January 2011.
3. ^ "Local News – British Virgin Islands". Island Sun. Archived from the original on 13 July 2011. Retrieved 19 January 2011.
4. ^ "Country Profile: British Virgin Islands (British Overseas Territory)". Fco.gov.uk. Archived from the original on 13 April 2011. Retrieved 19 January 2011.
5. ^ Wang Zhongyong v Union Zone Management (unreported) (BVIHC (Com) 0126/2011
6. ^ The Constitution of the Virgin Islands defines the territory as one which "believes in God" (article 2(1)). See also: Christianity by country.
7. ^ "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.
8. ^ "We don't support gay marriage here, visitors told". BVI News. 8 December 2017. Archived from the original on 30 August 2018. Retrieved 8 December 2017.
9. ^ "Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages". BVI Platinum news. 12 May 2012.
10. ^ "None of Us Will Probably Vote For Same Sex Marriage - Health Minister". BVI Platinum News. 19 February 2013.
11. ^ "UK Will Not Force BVI To Accept Same Sex Marriage - Governor". Platinum News. 20 January 2014.
12. ^ "EXCLUSIVE: Same-Sex Couple Moves To Court To Have Marriage Legalise". BVI Platinum News. 1 November 2021.
13. ^ "Christian Council loses appeal bid in same-sex marriage case". BVI News. 29 July 2022.
14. ^ "BVI to hold referendum on whether to legalise same-sex marriage". BVI News. 19 December 2022.
15. ^ The Virgin Islands Constitution Order 2007, articles 9 and 26.
16. ^ a b "Gay Life in British Virgin Islands - GlobalGayz". www.globalgayz.com.

* v
* t
* e

LGBT rights in North America

Sovereign states|

* Antigua and Barbuda
* Bahamas
* Barbados
* Belize
* Canada
* Costa Rica
* Cuba
* Dominica
* Dominican Republic
* El Salvador
* Grenada
* Guatemala
* Haiti
* Honduras
* Jamaica
* Mexico
* Nicaragua
* Panama
* Saint Kitts and Nevis
* Saint Lucia
* Saint Vincent and the Grenadines
* Trinidad and Tobago
* United States

Dependencies and
other territories

* Anguilla
* Aruba
* Bermuda
* Bonaire
* British Virgin Islands
* Cayman Islands
* Curaçao
* Greenland
* Guadeloupe
* Martinique
* Montserrat
* Puerto Rico
* Saint Barthélemy
* Saint Martin
* Saint Pierre and Miquelon
* Saba
* Sint Eustatius
* Sint Maarten
* Turks and Caicos Islands
* United States Virgin Islands

* v
* t
* e

LGBT unions and rights in the territories of the United Kingdom

* Timeline

Same-sex
marriage|

| United Kingdom|

Same-sex marriage in the United Kingdom

*     * Performed: in England and Wales
* Scotland
* Northern Ireland

|

Crown Dependencies|

* Performed: in Guernsey (Alderney and Sark)
* Isle of Man
* Jersey

British Overseas
Territories|

* Performed: in Akrotiri and Dhekelia
* British Antarctic Territory
* British Indian Ocean Territory
* Falkland Islands
* Gibraltar
* Pitcairn Islands
* Saint Helena, Ascension and Tristan da Cunha
* South Georgia and the South Sandwich Islands
* Not performed: in Anguilla
* British Virgin Islands
* Cayman Islands
* Montserrat
* Turks and Caicos Islands

Also see: Recognition of same-sex unions in the British Overseas Territories

Same-sex
unions|

| United Kingdom|

* Civil partnership in the United Kingdom

|

Crown Dependencies|

* Performed in Isle of Man
* Jersey
* Recognised: in Guernsey

British Overseas
Territories|

* Performed: in Akrotiri and Dhekelia
* Bermuda
* Cayman Islands
* Falkland Islands
* Gibraltar
* Not performed: in
* Anguilla
* British Antarctic Territory
* British Indian Ocean Territory
* British Virgin Islands
* Montserrat
* Pitcairn Islands
* Saint Helena, Ascension and Tristan da Cunha
* South Georgia and the South Sandwich Islands
* Turks and Caicos Islands

LGBT rights|

| United Kingdom|

LGBT rights in the United Kingdom

*     * LGBT rights in Scotland
* LGBT rights in Northern Ireland

|

Crown Dependencies|

* Guernsey
* Isle of Man
* Jersey

British Overseas
Territories|

* Akrotiri and Dhekelia
* Anguilla
* Bermuda
* British Antarctic Territory
* British Indian Ocean Territory
* British Virgin Islands
* Cayman Islands
* Falkland Islands
* Gibraltar
* Montserrat
* Pitcairn Islands
* Saint Helena, Ascension and Tristan da Cunha
* South Georgia and the South Sandwich Islands
* Turks and Caicos Islands

*[MSM]: Men who have sex with men
*[NI]: Northern Ireland
*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template