LGBTQ rights in Falkland Islands | |
|---|---|
 | |
| Legal status | Legal since 1989, equal age of consent since 2005 |
| Military | UK responsible for defence |
| Discrimination protections | Yes, sexual orientation only |
| Family rights | |
| Recognition of relationships | Same-sex marriage and civil partnerships since 2017 |
| Adoption | Yes, stepchild and joint adoption since 2017 |
Lesbian, gay, bisexual, and transgender (LGBT) people in theBritish Overseas Territory of theFalkland Islands enjoy most of the same rights as non-LGBT people.Marriage andcivil partnerships have been open to both opposite-sex and same-sex couples since 29 April 2017. Discrimination on the basis ofsexual 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 ofStanley, a first for the islands.[1]
Prior to 1989, same-sex sexual activity was a criminal offence. Theage of consent was equalised at 16 in 2005.[2]
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 theExecutive 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'sMarriage 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 officialgazette, 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, theLegislative 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 acivil partnership.[12][13][14][15] The bill receivedroyal assent byGovernorColin Roberts on 13 April 2017.[16][17] The new law, known as theMarriage (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 theFalkland IslandsMarriage Ordinance 1996 as amended in 2017 state:[21]
The marriage of same-sex couples is lawful [and]...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.
| Voted for | Voted against |
|---|---|
The 2017 law reform relating tomarriage andcivil partnership included a new provision to the island'sMarriage 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 knownIVF/assisted reproductive technology services available for same-sex couples.
Article 16 of the2008 Constitution bansdiscrimination based onsexual orientation:[23]
TheCrimes 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".[24] TheCriminal 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.[25] Moreover, thePrisons Ordinance 2017 requires prison staff to treat all prisoners equally without distinction to, among other categories, sexual orientation,[26] and theCommunications Ordinance 2017 forbids the distribution of material which incites hatred or discrimination on the basis of sexual orientation.[27]
Although the UK'sGender Recognition Act 2004 does not extend to the Falkland Islands,[failed verification] theCriminal 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."[25]
| Same-sex sexual activity legal |  (Since 1989)[2] |
| Equal age of consent (16) | (Since 2005)[2] |
| Anti-discrimination laws in employment | (Since 2008)[23] |
| Anti-discrimination laws in the provision of goods and services | (Since 2008)[23] |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2008)[23] |
| Recognition of same-sex unions (e.g. civil union) | (Since 2017)[10] |
| Same-sex marriage | (Since 2017)[10] |
| Stepchild adoption by same-sex couples | (Since 2017)[10] |
| Joint adoption by same-sex couples | (Since 2017)[10] |
| LGBT people allowed to serve openly in the military | (Since 2000; UK responsible for defence) |
| Right to change legal gender | (Since 2014) |
| Access to IVF for lesbians |  |
| Commercial surrogacy for gay male couples |  (Banned for heterosexual couples as well) |
| MSMs allowed to donate blood | |
{{cite web}}: CS1 maint: archived copy as title (link)Refer to pp. 123-135 of the PDF