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Same-sex marriage in the Falkland Islands

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in the Falkland Islands since 29 April 2017. A law to permit same-sex couples to marry passed the Legislative Assembly by 7 votes to 1 on 30 March 2017. It was given royal assent by Governor Colin Roberts on 13 April, and went into effect on 29 April. The territory also recognises civil partnerships, which are open to both same-sex and different-sex couples.

The Falkland Islands was the seventh British Overseas Territory to legalise same-sex marriage territorywide, after South Georgia and the South Sandwich Islands, Akrotiri and Dhekelia, the British Indian Ocean Territory, the Pitcairn Islands, the British Antarctic Territory and Gibraltar.

Background

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The Marriage Ordinance 1949, applying to both the Falkland Islands and South Georgia and the South Sandwich Islands, was enacted on 31 December 1949. The ordinance provided for the issuance of marriage licenses and empowered the Governor of the Falkland Islands to appoint registrars to conduct the marriage ceremony. The ordinance did not explicitly ban same-sex marriage, nor did it define the term "marriage". Nonetheless, a marriage between persons of the same sex was considered void ab initio in common law, and as such same-sex couples could not marry on the islands;[1] in 1866, in Hyde v Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began: "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others."[2] Explicit bans on same-sex marriages were enacted in England and Wales in the Nullity of Marriage Act 1971,[3] and later the Matrimonial Causes Act 1973.[4] Similar laws were passed in Scotland and Northern Ireland. These bans, since repealed, did not apply to the Falkland Islands.

The marriage ordinance was repealed in 1996 and replaced with the Marriage Ordinance 1996, which did not contain any changes with regard to the recognition of same-sex unions.

Same-sex marriage law

[edit]
Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

On 13 May 2015, the Attorney General of the Falkland Islands, Mark Lewis, recommended that the Executive Council consider the legalisation of same-sex marriage or civil partnerships in the territory.[5] On 13 January 2016, following a public consultation, the Council instructed the Attorney General to prepare an amendment to the island's marriage ordinance to permit same-sex marriages.[6] 90% of the participants to the consultation supported same-sex marriage, and 94% were in favour of civil partnerships for all couples.[7]

The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council instructed Lewis to publish it in the official gazette, thereby commencing the legislative process as a first reading, as well as to prepare further legislation necessary for its implementation.[8] On 30 March 2017, the Legislative Assembly approved the same-sex marriage bill by a 7 to 1 vote.[9][10][11][12] The bill would allow same-sex couples to marry and enter into civil partnerships.[13][14][15][16] It was supported by MLAs Jan Cheek, Roger Edwards, Barry Elsby, Ian Hansen, Michael Poole, Phyl Rendell, and Gavin Short,[17][18] but opposed by MLA Mike Summers. A government spokesperson said, "The move sends a clear and powerful message that all people and all relationships are equal, it does not matter whether they are a same sex couple or not and the law now reflects the Falkland Islands' tradition of being an open, tolerant and respectful community."[9] The law received royal assent by Governor Colin Roberts on 13 April,[19][20] and went into effect on 29 April 2017.[21] A community event to celebrate the legalisation of same-sex marriage took place in Stanley that same day.[17][22] The first same-sex marriage in the Falkland Islands was performed at Christina Bay near Cape Pembroke on 20 November 2017.[23]

The Interpretation and General Clauses Ordinance was amended to state that "'marriage' includes a same sex marriage solemnised or recognised under the Marriage Ordinance 1996", and to state that all references to "husband", "wife", "husband and wife", and "widow and widower" in all other ordinances are to be read as including same-sex couples.[8] In law, a civil partnership is defined as "a relationship between a man and a woman or two people of the same sex ("civil partners") which is formed when they register as civil partners of each other". Civil partnerships performed abroad, such as in the United Kingdom, are recognised in the Falkland Islands.

Sections 3A(1) and Section 3B of the marriage ordinance state:[24]

The marriage of same sex couples is lawful.

A same sex marriage solemnised under this Ordinance has and must be treated in the same manner and afforded the same status as a marriage between a man and a woman.

Religious performance

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While the Church of England has allowed its clergy to bless same-sex marriages since 17 December 2023,[25][26] it is unclear if a similar policy exists in the Parish of the Falkland Islands, an extra-provincial church in the Anglican Communion. The 2016 public consultation on same-sex marriage showed that 87% of respondents supported church weddings for same-sex couples when permitted by the church concerned.[9]

See also

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References

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  1. ^ Mendelson, Sara H. (January 2008). "Hunt, Arabella (1662–1705)". Oxford Dictionary of National Biography. Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/14190. Retrieved 14 March 2012. (Subscription or UK public library membership required.)
  2. ^ "Hyde v. Hyde and Woodmansee [L.R.] 1 P. & D. 130". United Settlement. Archived from the original on 29 March 2016. Retrieved 29 March 2016.
  3. ^ Cretney, Stephen (2003). Family law in the twentieth century: a history. Oxford University Press. pp. 70–71. ISBN 0-19-826899-8.
  4. ^ "Matrimonial Causes Act 1973". Legislation.gov.uk. Section 11(c). Archived from the original on 7 January 2016. Retrieved 4 March 2012.
  5. ^ "Family Law Review 2015 – Proposals for new policy development and legislation". fig.gov.fk. 13 May 2015. Archived from the original on 30 October 2015.
  6. ^ "Family Law Review – Proposals for legislative drafting". fig.gov.fk. 13 January 2016. Archived from the original on 28 January 2016.
  7. ^ "Falklands passes same sex marriage bill; invites non residents to share the legislation". Archived from the original on 4 August 2018. Retrieved 6 December 2019.
  8. ^ a b "32-17P: Family Law Review – marriage reform". fig.gov.fk. 22 February 2017. Archived from the original on 24 February 2017.
  9. ^ a b c Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  10. ^ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  11. ^ "Order Paper for 30 March 2017". Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. Archived from the original on 28 June 2017. Refer to pp. 123-135 of the PDF
  12. ^ "Facebook Post by FITV". Facebook.com. 3 April 2017. Retrieved 8 April 2017.
  13. ^ Marchiano, Andrea (12 April 2017). "Falkland Islands votes overwhelmingly in favour of same-sex marriage". Gay Times. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  14. ^ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  15. ^ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  16. ^ "Order Paper for 30 March 2017" (PDF). Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. pp. 123–135. Archived from the original on 28 June 2017. Retrieved 6 April 2017.
  17. ^ a b "Falklands plans to celebrate same sex marriage Bill next April 27". MercoPress. 13 April 2017. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  18. ^ "RECORD OF THE MEETING OF THE LEGISLATIVE ASSEMBLY - HELD AT NORTH ARM (30 MARCH 2017)". Legislative Assembly of the Falkland Islands. pp. 38–45. Archived from the original (PDF) on 28 April 2017. Retrieved 28 April 2017.
  19. ^ Salerno, Rob (22 June 2017). "Falkland Islands Same-sex Marriage Update". Archived from the original on 28 June 2017.
  20. ^ "Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill". Falkland Islands Government. 13 April 2017. Archived from the original on 28 June 2017.
  21. ^ "Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]". Falkland Islands Legislation. 31 July 2017.
  22. ^ @Lisafalklands (29 April 2017). "Rainbow Community Fun Day in the #falklands celebrating new family/marriage laws #LGBT" (Tweet). Archived from the original on 29 April 2017. Retrieved 29 April 2017 – via Twitter.
  23. ^ "Marriage". www.fig.gov.fl. Archived from the original on 1 October 2020.
  24. ^ "Marriage Ordinance 1996" (PDF). Falkland Islands Legislation. 31 July 2017. Archived (PDF) from the original on 2 August 2017. Retrieved 6 December 2019.
  25. ^ Browning, Bil (16 November 2023). "Church of England will try out blessing same-sex marriages". LGBTQ Nation.
  26. ^ Farley, Harry (16 November 2023). "Church of England backs services for gay couples". BBC News.
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