Same-sex marriage in Jersey explained

Same-sex marriage in Jersey should not be confused with Same-sex marriage in New Jersey.

Same-sex marriage has been legal in Jersey since 1 July 2018. The States Assembly passed a bill allowing same-sex couples to marry on 1 February 2018. Royal assent was granted on 23 May 2018, and the law took effect on 1 July. Jersey followed the other Crown Dependencies of the United Kingdom in legalising same-sex marriage, after the Isle of Man in 2016 and Guernsey (excluding Alderney and Sark) in 2017.

Civil partnerships providing a subset of the rights and benefits of marriage have also been available for same-sex couples since 2012. A bill for legalisation received royal assent on 14 December 2011 and was registered in the Royal Court on 6 January 2012. It took effect on 2 April 2012.

Civil partnerships

In August 2009, Chief Minister Terry Le Sueur announced that a bill to allow civil partnerships (Jèrriais: parchonn'nie civile,[1] pronounced as /nrf/; French: partenariat enregistré, pronounced as /fr/) offering same-sex couples some of the rights and benefits of marriage, would be drafted and be due for introduction to the Assembly of the States Assembly in October 2009.[2] [3]

On 20 October 2009, the Assembly voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[4] [5] [6] A draft bill legalising civil partnerships was approved by the Council of Ministers on 24 March 2011 and introduced to the Assembly on 31 May.[7] [8] The Assembly passed it on 12 July 2011.[9] [10] On 14 December 2011, the bill received royal assent and was registered in the Royal Court on 6 January 2012.[11] [12] In March 2012, the Government of Jersey issued orders implementing the law,[13] which took effect on 2 April 2012.[14] [15] [16] [17] [18] [19] [20] [21] [22] [23]

In March 2022, the States Assembly passed a bill allowing opposite-sex couples to enter into civil partnerships as well. It would also allow married couples to convert their marriage into a civil partnership. The law entered into force on 24 March 2023.[24] [25] Civil partnerships were similarly extended to opposite-sex couples in the United Kingdom in 2019.

Same-sex marriage

On 28 May 2014, Deputy Sam Mézec of the Reform Jersey party submitted a proposition asking the States Assembly to support, in principle, the legalisation of same-sex marriage, and to request the Chief Minister to prepare the necessary draft legislation to give effect to the proposal.[26] [27] [28] On 8 July 2014, the Assembly voted for an amendment to the proposal, introduced by Senator Ian Le Marquand, to request the Chief Minister to present a detailed study into the effects of allowing same-sex marriage by 31 December 2014. The amendment was passed by 24 votes to 18 and the amended proposition by 39 to 1.[29] [30] [31] [32]

On 26 November 2014, Chief Minister Ian Gorst submitted a report, which included a commitment to introduce legislation allowing same-sex couples to marry in civil and religious ceremonies by the end of 2017, and to create safeguards for religious organisations and officials who do not wish to conduct same-sex marriages, among others.[33] [34] [35] [36] On 14 July 2015, the Chief Minister submitted a proposition to ask the States to decide whether they agree, in principle, that same-sex couples should be allowed to marry and to request that the draft legislation necessary to implement it be introduced for approval by the States no later than January 2017.[37] [38] [39] It was approved by the Assembly on 22 September 2015, 37 to 4.[40] [41] [42]

22 September 2015 vote in the States of Jersey[43]
Political affiliation Voted for Voted against Abstained Absent (Did not vote)
Independent (Senators)––
Independent (Connétables)
Independent (Deputies) –
Reform Jersey (Deputies)–––
Total417

On 14 March 2017, following an oral question by Deputy Mézec, the Chief Minister stated that the bill would be lodged in anticipation for debate in the summer of 2017 and would come into force by December of the same year.[44] [45] [46] However, on 8 September 2017, the Chief Minister said that the bill would be delayed and that it would not be in force until at least spring 2018.[47] [48] A draft same-sex marriage bill was eventually introduced to the States Assembly on 3 October 2017.[49] [50] The States debated the bill on 16 November 2017 and agreed to its principles but sent it for further review to the Corporate Services Scrutiny Panel.[51] [52] [53] [54] The panel's report was presented to the States on 29 January 2018.[55] Controversially, the report included a recommendation asking the States to approve a "tolerance clause" in the bill, which would have allowed traders to refuse to serve same-sex couples goods and services in accordance with their religious beliefs.[55] [56] [57]

The "tolerance clause" was strenuously opposed by equality and diversity campaigners in Jersey. The equality charity Liberate organised an online petition that received over 5,000 signatures opposing the inclusion of the clause. The charity gathered key support from members of church groups and wedding suppliers opposing the clause.[58] [59] [60] [61]

A final vote on the bill by the States occurred on 1 February 2018, where it passed 42–1.[62] [63] The tolerance clause amendment was rejected by a vote of 40–5.[64] The bill was granted royal assent in the Privy Council on 23 May 2018 and registered in the Royal Court on 1 June.[65] [66] On 26 June, the States approved a proposition to commence the law on 1 July 2018.[67] [68] [69] [70] [71] The first same-sex marriage was performed on 9 July 2018 in Saint Helier between Neil Renouf and John Cronin.[72] [73]

1 February 2018 vote in the States of Jersey[74]
Political affiliation Voted for Voted against Abstained Absent (Did not vote)
Independent (Senators)–
Independent (Connétables)–
Independent (Deputies) ––
Reform Jersey (Deputies)–––
Total115

Jersey law defines "same sex marriage" as "the marriage of 2 persons of the same sex and includes a marriage by conversion [from a civil partnership]".

Religious performance

The Methodist Church of Great Britain has allowed its ministers to conduct same-sex marriages since 2021. The Methodist Conference voted 254 to 46 in favour of the move in June 2021. A freedom of conscience clause allows ministers with objections to opt out of performing same-sex weddings.[75] [76] The smaller United Reformed Church has allowed its churches to perform same-sex marriages since 2016.[77] The Quakers have allowed same-sex partnerships in their meeting houses since 2008 and same-sex marriages since 2013.[78]

See also

External links

Notes and References

  1. Web site: Les Parchonn'nies Civiles. Société Jersiaise. Norman. https://web.archive.org/web/20230204105821/https://members.societe-jersiaise.org/geraint/jerriais/parchonnnies.html. 4 February 2023.
  2. http://www.ifcfeed.com/jersey-articles/Jersey-States-to-propose-Civil-Partnerships.aspx "Jersey States to propose Civil Partnerships"
  3. http://news.bbc.co.uk/local/jersey/hi/people_and_places/religion_and_ethics/newsid_8235000/8235824.stm "Legal rights for same sex couples"
  4. Web site: Jersey votes to allow civil partnerships. 20 October 2009. 1 February 2018.
  5. News: New rights for homosexual couples. 20 October 2009. 1 February 2018. news.bbc.co.uk.
  6. Web site: Thisisjersey.com. https://archive.today/20130204065531/http://www.thisisjersey.com/2009/10/21/strong-states-support-for-gay-civil-partnerships/. 4 February 2013. www.thisisjersey.com. 1 February 2018.
  7. Web site: WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY J.M. MAÇON OF ST. SAVIOUR – ANSWER TO BE TABLED ON TUESDAY 3rd MAY 2011. 1 February 2018.
  8. http://www.statesassembly.gov.je/AssemblyPropositions/2011/49339-7926-3152011.pdf DRAFT CIVIL PARTNERSHIP (JERSEY) LAW 201
  9. News: States backs civil partnerships. BBC News. 12 July 2011. 1 February 2018.
  10. Web site: Votes. States of. Jersey. 20 November 2011. 1 February 2018.
  11. Web site: Jersey's religious civil partnership rules near implementation. 13 January 2012. 1 February 2018.
  12. News: Jersey recognises civil partners. BBC News. 1 February 2018. 1 February 2018.
  13. News: Jersey gets civil partnership law. BBC News. 2 April 2012. 1 February 2018.
  14. Web site: Civil Partners Causes Rules 2012. 1 February 2018.
  15. Web site: Inquests and Post-Mortem Examinations (Amendment No. 8) Rules 2012. 1 February 2018.
  16. Web site: Adoption (Amendment No. 3) Rules 2012. 1 February 2018. 3 March 2016. https://web.archive.org/web/20160303232447/http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5Chtm%5CROFiles%5CR&OYear2012%2FR&O-044-2012.htm. dead.
  17. Web site: Royal Court (Amendment No. 14) Rules 2012. 1 February 2018.
  18. Web site: Civil Partnerships (Consequential Amendments) (Jersey) Regulations 2012. 1 February 2018.
  19. Web site: Civil Partnership (Jersey) Law 2012 (Appointed Day) Act 2012. 1 February 2018.
  20. Web site: Civil Partnership (Approved Premises) (Jersey) Order 2012. 1 February 2018.
  21. Web site: Civil Partnership (Forms, Registration and Fees) (Jersey) Order 2012. 1 February 2018.
  22. Web site: Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012. 1 February 2018. 3 March 2016. https://web.archive.org/web/20160303210415/http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5Chtm%5CROFiles%5CR&OYear2012%2FR&O-052-2012.htm. dead.
  23. Web site: Marriage and Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012. 1 February 2018.
  24. News: Jersey approves civil partnership law for all genders. BBC News. 3 March 2022.
  25. Web site: Civil Partnership (Amendment) (Jersey) Law 2023 . jerseylaw.je . 6 June 2023.
  26. News: CIVIL MARRIAGES: SAME SEX COUPLES. States of Jersey. 28 May 2014.
  27. News: Additional information for P.102/2014. States of Jersey. 28 May 2014.
  28. News: Gay marriage proposition lodged by Reform Jersey. BBC. 28 May 2014.
  29. News: CIVIL MARRIAGES: SAME SEX COUPLES (P.102/2014) – SECOND AMENDMENT. States of Jersey. 8 July 2014.
  30. Web site: Same sex marriage law delayed in Jersey. BBC. 8 July 2014.
  31. Web site: Gay marriage decision rejected by the States. Jersey Evening Post. 8 July 2014.
  32. Web site: Equal marriage debate on hold. ITV News Channel TV. 8 July 2014.
  33. http://www.statesassembly.gov.je/AssemblyReports/2014/R.170-2014.pdf EQUAL MARRIAGE AND PARTNERSHIP: OPTIONS PAPER REPORT – NOVEMBER 2014
  34. News: Paper outlines equal marriage plans. BBC News. 26 November 2014. 1 February 2018.
  35. Web site: Commitment to allow same sex marriage. States of. Jersey. www.gov.je. 1 February 2018.
  36. Web site: Ministers: "We'll bring in Gay marriage law by 2018". Bailiwick. Express. 1 February 2018.
  37. Web site: P.77/2015 Same-sex marriage, divorce and dissolution. 1 February 2018.
  38. Web site: Same-sex marriages to be introduced in Jersey by 2017?. jerseyeveningpost.com. 15 July 2015 . 1 February 2018.
  39. Web site: Jersey and Guernsey could have same-sex marriage by 2017. 15 July 2015 . 1 February 2018.
  40. Web site: Propositions. States of. Jersey. 20 November 2011. 1 February 2018.
  41. Web site: Equal marriage proposal accepted by Jersey States. 1 February 2018.
  42. News: States supports same-sex marriage. BBC News . 22 September 2015. 1 February 2018.
  43. Web site: Vote for Same-sex marriage, divorce and dissolution – paragraph (a). en. 22 September 2015. 15 December 2016.
  44. Web site: Marriage and Civil Status (Jersey) Law: Proposed amendments. en. 10 January 2017. 24 April 2017.
  45. Web site: WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY S.Y. MÉZEC OF ST. HELIER – ANSWER TO BE TABLED ON TUESDAY 14TH MARCH 2017. en. 14 March 2017. 24 April 2017.
  46. Web site: STATES OF JERSEY OFFICIAL REPORT – TUESDAY, 14th MARCH 2017. en. 14 March 2017. 24 April 2017.
  47. Web site: Same-sex marriage in Jersey delayed. 8 September 2017 . 1 February 2018.
  48. Web site: Disappointment as marriage is delayed. 8 September 2017. 1 February 2018.
  49. Web site: Additional information for P.91/2017. States of Jersey. 18 November 2017.
  50. News: Major changes to Jersey's marriage laws move another step forward. ITV News. 3 October 2017. 18 November 2017. https://web.archive.org/web/20171118014924/http://www.itv.com/news/channel/2017-10-03/same-sex-couples-can-get-married-in-jersey-from-spring-2018/. 18 November 2017.
  51. Web site: Public Business – States' decisions made at the Continuation Sitting of Thursday 16th November 2017. States of Jersey. 17 November 2017. https://web.archive.org/web/20171116235928/http://www.statesassembly.gov.je/SiteCollectionDocuments/States%20Assembly/Public%20Business%20%E2%80%93%20States%27%20decisions%20made%202017.11.16.pdf. 16 November 2017. live.
  52. Web site: Vote for Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- (P.91/2017) Principles. 17 November 2017. States of Jersey. https://web.archive.org/web/20171117000347/http://www.statesassembly.gov.je/Pages/Votes.aspx?VotingId=4820. 17 November 2017. live.
  53. Web site: Same-sex marriage laws in Jersey face further scrutiny. ITV News. 16 November 2017. 18 November 2017. https://web.archive.org/web/20171118015051/http://www.itv.com/news/channel/2017-11-16/same-sex-marriage-laws-in-jersey-face-further-scrutiny/. 18 November 2017. live.
  54. Web site: Same-sex marriage legislation could be approved in January. Jersey Evening Post. 18 November 2017. 18 November 2017. https://web.archive.org/web/20171118081133/https://jerseyeveningpost.com/news/2017/11/18/same-sex-marriage-legislation-could-be-approved-in-january/. 18 November 2017. live.
  55. Web site: Marriage and Civil Status (Jersey) Law; Presented to the States. Corporate Services Panel (States of Jersey). 29 January 2018. 30 January 2018. https://web.archive.org/web/20180130072505/http://www.statesassembly.gov.je/scrutinyreports/2018/report-%20marriage%20and%20civil%20status%20law%20-%2026%20january%202018.pdf.
  56. Web site: Vote against 'tolerance clause', Christian leaders tell politicians. Jersey Evening Post. 29 January 2018.
  57. Web site: Report published on Jersey's same-sex marriage laws. ITV News. 29 January 2018.
  58. Web site: We say 'no' to discrimination against same sex couples. Jersey. Liberate. 2018-01-20. Liberate. en. 2019-02-01.
  59. Web site: Senior Church leaders from the Anglican and Methodist Churches call for Jersey to reject the tolerance clause. Jersey. Liberate. 2018-01-29. Liberate. en. 2019-02-01.
  60. Web site: Jersey wedding suppliers say 'no' to the tolerance clause. Jersey. Liberate. 2018-01-29. Liberate. en. 2019-02-01.
  61. Web site: Open letter to States of Jersey members ahead of the marriage debate. Jersey. Liberate. 2018-01-31. Liberate. en. 2019-02-01.
  62. Jersey . Marriage and Civil Status (Jersey) Law 201 . Record of Proceedings (Hansard). . 1 February 2018. 4-115. https://web.archive.org/web/20180208105620/http://www.statesassembly.gov.je/assemblyhansard/2018/2018.02.01%20states%20-%20edited%20transcript.pdf. 8 February 2018. live.
  63. Web site: Gay marriage law approved by the States. Jersey Evening Post. 1 February 2018.
  64. Web site: Equal marriage legislation passed by Jersey politicians. ITV News. 1 February 2018.
  65. Web site: Orders approved at the Privy Council held by the Queen at Buckingham Palace on 23rd May 2018. Privy Council of the United Kingdom. 23 May 2018. 26 May 2018. https://web.archive.org/web/20180526052451/https://privycouncil.independent.gov.uk/wp-content/uploads/2018/05/2018-05-23-List-of-Business.pdf.
  66. Web site: Marriage and Civil Status (Amendment No. 4) (Jersey) Law 2018. Jersey Legal Information Board. 18 June 2018.
  67. Web site: Vote for Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- (Appointed Day) Act 201- (P.87/2018). States of Jersey. 7 July 2018.
  68. Web site: Marriage and Civil Status (Amendment No. 4) (Jersey) Law 2018 (Appointed Day) Act 2018. jerseylaw.je. 26 June 2018.
  69. Web site: 1 July 2018. Liberate. 26 June 2018. 26 June 2018.
  70. Web site: Same-sex marriages to be legal from Sunday. Jersey Evening Post. 27 June 2018. 27 June 2018.
  71. Web site: Jersey to introduce same-sex marriage from 1 July. BBC News. 27 June 2018. 27 June 2018.
  72. Web site: History is made Jersey as first same-sex wedding takes place. Jersey Evening Post. Ian. Heath. 10 July 2018. 10 July 2018.
  73. Web site: First same-sex marriage in Jersey. States of Jersey. 9 July 2018. 10 July 2018.
  74. Web site: Vote for Draft Marriage and Civil Status (Amendment No. 4) (Jersey) Law 201- (P.91/2017) Third Reading. 1 February 2018.
  75. News: Methodist church to allow same-sex marriage after 'historic' vote . Harriet Sherwood . The Guardian . 30 June 2021 . 30 June 2021.
  76. Web site: Methodist Church allows same-sex marriage in 'momentous' vote. BBC News. 1 July 2021. Harry Farley.
  77. News: United Reformed Church approves gay marriage services. Callum. May. BBC News . 9 July 2016.
  78. Web site: Quakers and same-sex marriage . 2023-10-04 . Quakers in Britain (British Yearly Meeting) . en.

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