LGBT rights in the Falkland Islands explained

Location Header:Falkland Islands
Legal Status:Legal since 1989, equal age of consent since 2005
Recognition Of Relationships:Same-sex marriage and civil partnerships since 2017
Adoption:Yes, stepchild and joint adoption since 2017
Military:UK responsible for defence
Discrimination Protections:Yes, sexual orientation only

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.

In April 2017, a pride event was held in the capital city of Stanley, a first for the islands.[1]

Law regarding same-sex sexual activity

Prior to 1989, same-sex sexual activity was a criminal offence. The age of consent was equalised at 16 in 2005.[2]

Recognition of same-sex relationships

See main article: Same-sex marriage in the Falkland Islands. The Falkland Islands was initially reluctant to allow for any formal recognition of same-sex relationships in local law.[3]

On 13 May 2015, the Attorney General recommended that the Executive Council consider the legalisation of same-sex marriage or civil partnership.[4] On 13 January 2016, following a public consultation, the Council instructed the Attorney General to prepare an amendment to the island's Marriage Ordinance 1996, in order to allow same-sex marriage.[5] The public consultation found that 90% of respondents were in favour of same-sex marriage and 94% were in favour of civil partnerships for all couples.[6]

The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council, considering whether to approve a bill to legalise same-sex marriage and create civil partnership for both same-sex and opposite-sex couples, instructed the Attorney General to publish it in the official gazette, thereby commencing the legislative process as a first reading, as well as to prepare further legislation necessary to its implementation.[7]

On 30 March 2017, the Legislative Assembly approved a same-sex marriage bill by a 7 to 1 vote.[8] [9] [10] [11] The bill allows same-sex couples to marry and also allows both same-sex and opposite-sex couples the right to access a civil partnership.[12] [13] [14] [15] The bill received royal assent by Governor Colin Roberts on 13 April 2017.[16] [17] The new law, known as the Marriage (Amendment) Act 2017, went into effect on 29 April 2017.[18] A community event to celebrate same-sex marriage becoming legal took place that same day.[19] [20]

Sections 3A and 3B of the Falkland Islands Marriage Ordinance 1996 as amended in 2017 state:[21]

Adoption and family planning

The 2017 law reform relating to marriage and civil partnership included a new provision to the island's Marriage Ordinance stating that "a parent in a civil partnership...has the same rights and responsibilities towards a child as a parent to a child in a marriage".[10] The official reasons attached to the amendments to the ordinance included a note stating that "...parents to a child may be two mothers or two fathers".[10]

There are no known IVF/assisted reproductive technology services available for same-sex couples.

Discrimination protections

Article 16 of the 2008 Constitution bans discrimination based on sexual orientation:[22]

In this section, the expression "discriminatory" means affording different treatment to different persons on any grounds such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

The Crimes Ordinance 2014 provides for fines or imprisonment of up to 7 years for a person who "uses threatening words or behaviour, or displays any written material which is threatening, and intends by doing so to stir up religious hatred, or hatred on the grounds of sexual orientation".[23] The Criminal Procedure and Evidence Ordinance 2014 allows courts to treat an offence committed on the basis of the victim's sexual orientation as an aggravative factor.[24] Moreover, the Prisons Ordinance 2017 requires prison staff to treat all prisoners equally without distinction to, among other categories, sexual orientation,[25] and the Communications Ordinance 2017 forbids the distribution of material which incites hatred or discrimination on the basis of sexual orientation.[26]

Gender identity and expression

Although the UK's Gender Recognition Act 2004 does not extend to the Falkland Islands, the Criminal Procedure and Evidence Ordinance 2014 states that "at law, the gender of an individual is his or her gender as registered at birth, unless the person possesses a gender recognition certificate issued under section 9 of the UK Gender Recognition Act 2004, in which case the person's gender is the acquired gender."[24]

See also

Notes and References

  1. https://twitter.com/FalklandsGov/status/726413389061324800 The World's most Southerly Gay Pride event!!
  2. Web site: Archived copy . 2013-06-03 . dead . https://web.archive.org/web/20130717085454/http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf . 2013-07-17 .
  3. Web site: Caymans define marriage amid fears UK will impose civil partnerships. 10 September 2008. Pink News. https://web.archive.org/web/20160304051429/http://www.pinknews.co.uk/2008/09/10/caymans-define-marriage-amid-fears-uk-will-impose-civil-partnerships/. 4 March 2016.
  4. Web site: Family Law Review 2015 – Proposals for new policy development and legislation. 13 May 2015. fig.gov.fk. https://web.archive.org/web/20151030070515/http://www.fig.gov.fk/assembly/index.php/public-papers/executive-council-papers/finish/313-05-13-may-2015/2701-91-15p-family-law-review-2015-proposals-for-new-policy-development-and-legislation. 30 October 2015.
  5. Web site: Family Law Review – Proposals for legislative drafting. 13 January 2016. fig.gov.fk. https://web.archive.org/web/20160128181801/http://www.fig.gov.fk/assembly/index.php/public-papers/executive-council-papers/finish/355-01-13-january-2016/4894-12-16p-family-law-review-proposals-for-legislative-drafting. 28 January 2016.
  6. Web site: Falklands passes same sex marriage bill; invites non residents to share the legislation . 6 December 2019 . 4 August 2018 . https://web.archive.org/web/20180804045711/http://en.mercopress.com/2017/04/14/falklands-passes-same-sex-marriage-bill-invites-non-residents-to-share-the-legislation . live .
  7. Web site: 32-17P: Family Law Review – marriage reform. 22 February 2017. fig.gov.fk. https://web.archive.org/web/20170224031613/http://www.fig.gov.fk/assembly/index.php/public-papers/executive-council-papers/finish/406-03-22-february-2017/5295-32-17p-family-law-review-marriage-reform. 24 February 2017.
  8. Web site: Falkland Islands introduces full marriage equality. PinkNews. Benjamin. Butterworth. 12 April 2017. 12 April 2017. https://web.archive.org/web/20170412175908/http://www.pinknews.co.uk/2017/04/12/falkland-islands-introduces-full-marriage-equality/. 12 April 2017.
  9. Web site: Marriage Equality Comes To The Falkland Islands. NewNowNext.com. Dan. Avery. 12 April 2017. 13 April 2017. https://web.archive.org/web/20170413040023/http://www.newnownext.com/marriage-equality-comes-to-the-falkland-islands/04/2017/. 13 April 2017.
  10. Web site: Order Paper for 30 March 2017. 30 March 2017. Legislative Assembly of the Falkland Islands (fig.gov.fk). Refer to pp. 123-135 of the PDF. https://web.archive.org/web/20170628052731/http://www.fig.gov.fk/assembly/index.php/public-papers/assembly-transcripts/finish/415-2017/5320-order-paper-30-march-2017. 28 June 2017.
  11. Web site: Facebook Post by FITV. Facebook.com . 2017-04-03. 2017-04-08.
  12. Web site: Falkland Islands votes overwhelmingly in favour of same-sex marriage. Marchiano. Andrea. 12 April 2017. Gay Times. https://web.archive.org/web/20170412180431/http://www.gaytimes.co.uk/news/69041/falkland-islands-votes-overwhelmingly-favour-sex-marriage/. 12 April 2017. 12 April 2017.
  13. Web site: Falkland Islands introduces full marriage equality. Butterworth. Benjamin. 12 April 2017. PinkNews. https://web.archive.org/web/20170412175908/http://www.pinknews.co.uk/2017/04/12/falkland-islands-introduces-full-marriage-equality/. 12 April 2017. 12 April 2017.
  14. Web site: Marriage Equality Comes To The Falkland Islands. Avery. Dan. 12 April 2017. NewNowNext.com. https://web.archive.org/web/20170413040023/http://www.newnownext.com/marriage-equality-comes-to-the-falkland-islands/04/2017/. 13 April 2017. 13 April 2017.
  15. Web site: Order Paper for 30 March 2017. 30 March 2017. Legislative Assembly of the Falkland Islands (fig.gov.fk). 123–135. PDF. 6 April 2017. 28 June 2017. https://web.archive.org/web/20170628052731/http://www.fig.gov.fk/assembly/index.php/public-papers/assembly-transcripts/finish/415-2017/5320-order-paper-30-march-2017. live.
  16. Web site: Falkland Islands Same-sex Marriage Update. Salerno. Rob. 22 June 2017 . https://web.archive.org/web/20170628052309/http://www.therobsalerno.com/?p=682. 28 June 2017.
  17. Web site: Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill. 13 April 2017. Falkland Islands Government. dead. https://archive.today/20170628053000/http://mailchi.mp/84ee3f8727fb/press-release-130417-falkland-islands-legislative-assembly-passes-marriage-bill. 28 June 2017. dmy-all.
  18. Web site: Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]]. 31 July 2017. Falkland Islands Legislation.
  19. Web site: Falklands plans to celebrate same sex marriage Bill next April 27. 13 April 2017. MercoPress. https://web.archive.org/web/20170413101828/http://en.mercopress.com/2017/04/13/falklands-plans-to-celebrate-same-sex-marriage-bill-next-april-27. 13 April 2017. 13 April 2017.
  20. 858360122522972160. Lisafalklands. Rainbow Community Fun Day in the #falklands celebrating new family/marriage laws #LGBT . 29 April 2017. 29 April 2017. https://web.archive.org/web/20170429215337/https://twitter.com/Lisafalklands/status/858360122522972160. 29 April 2017.
  21. Web site: Marriage Ordinance 1996. 31 July 2017. Falkland Islands Legislation. 6 December 2019. 2 August 2017. https://web.archive.org/web/20170802092545/https://www.legislation.gov.fk/download/pdf/40964ca1-39a1-408f-90dc-882d2ad308d8/b33f39d7-f116-464e-b4f4-7db23218b2f0/fiord-1996-10_2017-07-31.pdf. live.
  22. Web site: The Falkland Islands Constitution Order 2008 . 1 July 2017 . 30 September 2018 . https://web.archive.org/web/20180930231841/http://www.fig.gov.fk/assembly/images/constitution/The-Falkland-Islands-Constitution-Order-2008.pdf . live .
  23. Web site: Crimes Ordinance 2014. legislation.gov.fk.
  24. Web site: Criminal Procedure and Evidence Ordinance 2014. legislation.gov.fk.
  25. Web site: Prisons Ordinance 2017. legislation.gov.fk.
  26. Web site: Communications Ordinance 2017. legislation.gov.fk.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "LGBT rights in the Falkland Islands".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.