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Of the fourteen overseas territories of Britain, one – the Pitcairn Islands – has legalised same-sex marriage. An ordinance to legalise such marriages was unanimously approved by the territory's legislature, and signed by the Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015 and took effect the next day.[1][2][3]

Another overseas territory, Gibraltar, is considering the legalisation of same-sex marriage.[4]

Flag Arms Name Location Legislation comment
Same-Sex Marriage
Pitcairn Islands
( Marriage, LGBT, BOT ) 		Pacific Ocean Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015, although there are no openly same-sex couples living on the island.[5][6] An ordinance to legalise such marriages was unanimously approved by the territory's legislature, and signed by the Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015.[7][8][9]
Civil Union
Gibraltar
( Unions, LGBT, BOT ) 		Iberian Peninsula, Continental Europe In January 2014, the Civil Partnership Bill 2014 was published for community consultation and headed for the introduction to the Gibraltar Parliament.[10] On 21 March, the bill was approved by the parliament with no noticeable opposition.[11] The bill was given Royal Assent on 25 March. The law and related rules and regulations took effect on 28 March.[12][13][14][15] The law also allows adoption of children by couples in a civil partnership, as mandated by the recent Court ruling in 2013.
No recognition
Anguilla
( Unions, LGBT, BOT ) 		Caribbean, North Atlantic Ocean
Bermuda
( Unions, LGBT, BOT ) 		North Atlantic Ocean On 11 February 2016, the Attorney General Trevor Moniz announced that the Government will introduce a bill to create civil unions for same-sex couples. He ruled out legalisation of same-sex marriage.[16] On 29 February 2016, the Government announced its intention to hold a referendum on both same-sex marriage and civil unions.[17] On 12 March 2016, Premier of Bermuda Michael Dunkley announced that the referendum will take place mid-to-late June 2016.[18] The results of the referendum will not be binding and have been described by Dunkley as only a way to get some clarity on the issue. Voters will be asked two questions: "Are you in favour of same-sex marriage in Bermuda?" and "Are you in favour of same-sex civil unions in Bermuda?"[19] Opposition leader Marc Bean added that after the results of the referendum are announced, the Government will govern accordingly. The referendum is planned for June 23rd, 2016. [20]
British Virgin Islands
( Unions, LGBT, BOT ) 		Caribbean, North Atlantic Ocean 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,[21] and no discussion relating to legalisation has yet occurred in the House of Assembly. Church leaders have indicated hostility towards the possibility of legalisation,[22] and political leaders have taken an unsympathetic approach in public.[23] 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.[24] The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.[25]
Falkland Islands
( Unions, LGBT, BOT ) 		South Atlantic Ocean The Falkland Islands does not recognise any types of same-sex unions.[26]

On 13 May 2015, the Attorney General has recommended the Executive Council to consider the legalisation on same-sex marriage or civil partnership.[27]

On 13 January 2016, following the public consultation, the Council instructed the Attorney General to prepare the amendment to the Marriage Ordinance in order to allow same-sex marriage.[28]

Saint Helena, Ascension and Tristan da Cunha
( Unions, LGBT, BOT ) 		South Atlantic Ocean Constitutionally the islands are a British Overseas Territory and not part of the United Kingdom, and have their own legislation. No legislation has so far been introduced to recognise civil partnerships.


Constitutional ban on marriage
Cayman Islands
( Unions, LGBT, BOT ) 		Caribbean, North Atlantic Ocean Cayman Islands (2009)[29] The new constitution, approved in June 2009, notes the right of opposite-sex couples, who are of marriageable age as defined by law, to have their marriages recognised by the government. The constitution does not explicitly mention same-sex couples.[30]
Montserrat
( Unions, LGBT, BOT ) 		Caribbean, North Atlantic Ocean Montserrat (2010)[31][32] Same-sex marriage in Montserrat is not legal. Article 10(1) of the Constitution reads:
Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.[33]
 Turks and Caicos Islands
( Unions, LGBT, BOT ) 		Lucayan Archipelago, North Atlantic Ocean Turks and Caicos Islands (2011)[34] Turks and Caicos Islands does not recognise same-sex unions. Article 10 of the Constitution reads:
Every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.[35]
Irrelevant Question
Akrotiri and Dhekelia Cyprus, Mediterranean Sea Agreement betwen United Kingdom and Cyprus forsees that this is a military zone, where no civilian purpose will be considered.
British Indian Ocean Territory Indian Ocean Military bases.
British Antarctic Territory Antarctica There is no native or permanent population; therefore there is no elected government. The Commissioner, supported by an Administrator, run the affairs of the territory.
South Georgia and the South Sandwich Islands South Atlantic Ocean


Same-sex Category:Same-sex marriage in the United Kingdom United Kingdom Category:LGBTQ rights in the United Kingdom Category:Marriage, unions and partnerships in the United Kingdom

Territories Government
There is no native or permanent population; therefore there is no elected government. The Commissioner, supported by an Administrator, run the affairs of the territory.
There is no elected government, and there is no native settled population. The Chagos Islanders – who were forcibly evicted from the territory in 1971 – won a High Court Judgement allowing them to return, but this was then overridden by an Order in Council preventing them from returning. The final appeal to the House of Lords (regarding the lawfulness of the Order in Council) was decided in the government's favour, exhausting the islanders' legal options in the United Kingdom at present.
There is no elected government. However, the Commander British Forces Cyprus also acts as the territory's Administrator, with a Chief Officer responsible for day-to-day running of the civil government; as far as possible, there is convergence of laws with those of the Republic of Cyprus.
There are an elected Mayor and Island Council, who have the power to propose and administer local legislation. However, their decisions are subject to approval by the Governor, who retains near-unlimited powers of plenary legislation on behalf of the United Kingdom Government.
The Government consists of an elected Legislative Assembly, with the Chief Executive and the Director of Corporate Resources as ex officio members.[36]
The Government consists of an elected Legislative Council. The Governor is the head of government and leads the Executive Council, consisting of appointed members made up from the Legislative Council and two ex-officio members. Governance on Ascension Island and Tristan da Cunha is led by Administrators who are advised by elected Island Councils.[37]
These territories have a House of Assembly, Legislative Assembly (Cayman Islands), or Legislative Council (Montserrat) with political parties. The Executive Council is usually called a cabinet and is led by a Premier or a Chief Minister (in Anguilla), who is the leader of the majority party in parliament. The Governor exercises less power over local affairs and deals mostly with foreign affairs and economic issues, while the elected government controls most "domestic" concerns.[citation needed]
Under the Gibraltar Constitution Order 2006 which was approved in Gibraltar by a referendum, Gibraltar now has a Parliament. The Government of Gibraltar, headed by the Chief Minister, is elected. Defence, external affairs and internal security vest in the Governor.[38]
Bermuda, settled in 1609, and self-governed since 1620, is the oldest and most populous of the Overseas Territories. The bicameral Parliament consists of a Senate and a House of Assembly, and most executive powers have been devolved to the head of government, known as the Premier.[citation needed]
The Turks and Caicos Islands adopted a new constitution effective 9 August 2006; their head of government now also has the title Premier, their legislature is called the House of Assembly, and their autonomy has been greatly increased.[citation needed]


Status Country Jurisdiction Legal since
No recognition
(3 jurisdictions)
United Kingdom United Kingdom —
Constitutional ban on same-sex marriage
(3 jurisdictions)
United Kingdom United Kingdom Varies

Government proposals or proposals with a parliamentary majority

[edit]
  1. ^ "Same Sex Marriage and Civil Partnerships Ordinance 2015" (PDF). Government of the Pitcairn Islands. Archived from the original (PDF) on 7 January 2016. Retrieved 16 February 2016.
  2. ^ "Pacific's tiny Pitcairn Island legalises same-sex marriage". Yahoo! News. Agence France-Presse. 25 June 2015. Archived from the original on 16 February 2016. Retrieved 16 February 2016.
  3. ^ "Pitcairn Island, population 48, passes law to allow same-sex marriage". The Guardian. Associated Press. 22 June 2015. Archived from the original on 15 December 2015. Retrieved 16 February 2016.
  4. ^ "Command Paper published on same sex marriage". Gibraltar Broadcasting Corporation. 22 December 2015. Archived from the original on 23 December 2015. Retrieved 29 March 2016.
  5. ^ "Pitcairn Island, population 48, passes law to allow same-sex marriage". The Guardian. Associated Press. 22 June 2015. Archived from the original on 15 December 2015. Retrieved 16 February 2016.
  6. ^ McCrum, Kirstie (22 June 2015). "Island gives same-sex marriage the green light - but none of its 48 residents are gay". Daily Mirror. Archived from the original on 7 January 2016. Retrieved 16 February 2016.
  7. ^ "Same Sex Marriage and Civil Partnerships Ordinance 2015" (PDF). Government of the Pitcairn Islands. Archived from the original (PDF) on 7 January 2016. Retrieved 16 February 2016.
  8. ^ "Pacific's tiny Pitcairn Island legalises same-sex marriage". Yahoo! News. Agence France-Presse. 25 June 2015. Archived from the original on 16 February 2016. Retrieved 16 February 2016.
  9. ^ "Same sex marriage legalised in Pitcairn". Radio New Zealand. 24 June 2015. Archived from the original on 17 October 2015. Retrieved 17 February 2016.
  10. ^ Command Paper on a draft bill to make provision for civil partnerships
  11. ^ Gibraltar approves civil partnerships bill
  12. ^ CIVIL PARTNERSHIP ACT 2014
  13. ^ CIVIL PARTNERSHIP (FEES) REGULATIONS 2014
  14. ^ CIVIL PARTNERSHIP RULES 2014
  15. ^ CIVIL PARTNERSHIP
  16. ^ Civil union legislation plans unveiled
  17. ^ Bermuda plans referendum on same-sex marriage
  18. ^ Jung Thapa, Saurav (26 March 2016). "Bermuda Plans Referendum on Marriage Equality and Civil Unions". Human Rights Campaign.
  19. ^ "House: same-sex referendum likely in June". The Royal Gazette. 12 March 2016.
  20. ^ "Bermuda same-sex marriage referendum set for June 23". Jamaica Observer. 12 May 2016.
  21. ^ The constitution of the Virgin Islands defines the country as one which "believes in God" (at section 2(1)). See also: Christianity by country.
  22. ^ "Church Leaders Hopeful BVI Will Stand Ground Against Same Sex Marriages". BVI Platinum news. 2012-05-12.
  23. ^ "None Of Us Will Probably Vote For Same Sex Marriage - Health Minister". BVI Platinum News. 2013-02-19.
  24. ^ "UK Will Not Force BVI To Accept Same Sex Marriage - Governor". Platinum News. 20 January 2014.
  25. ^ The Virgin Islands Constitution Order 2007, sections 9 and 26.
  26. ^ Caymans define marriage amid fears UK will impose civil partnerships
  27. ^ Family Law Review 2015 – Proposals for new policy development and legislation
  28. ^ Family Law Review – Proposals for legislative drafting
  29. ^ "The Cayman Islands Constitution Order 2009" (PDF). Cayman Constitution. Retrieved May 20, 2016.
  30. ^ "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Retrieved May 20, 2016.
  31. ^ "The Montserrat Constitution Order 2010". Government of Montserrat. Retrieved 15 July 2014.
  32. ^ "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  33. ^ "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  34. ^ "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of the Turks and Caicos Islands. Retrieved 15 July 2014.
  35. ^ "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of United Kingdom (legislation.gov.uk). Retrieved 30 January 2016.
  36. ^ "Falkland Islands Legislative Assembly". Falklands.gov.fk. Retrieved 8 December 2010.
  37. ^ "Saint Helena, Ascension and Tristan da Cunha Constitution Order 2009 (at OPSI)". Opsi.gov.uk. 16 July 2010. Retrieved 8 December 2010.
  38. ^ Press Release No. 133/2007. Government of Gibraltar Press Office.
  39. ^ "The Cayman Islands Constitution Order 2009" (PDF). Cayman Constitution. Retrieved September 15, 2012.
  40. ^ "The Montserrat Constitution Order 2010". Government of Montserrat. Retrieved 15 July 2014.
  41. ^ "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  42. ^ "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of the Turks and Caicos Islands. Retrieved 15 July 2014.
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