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Civil unions or registered partnerships but not marriage |
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Seychelles does not recognisesame-sex marriages orcivil unions. The Civil Code of Seychelles does not provide for the recognition of same-sex unions, and theConstitution of Seychelles grants the state the power to restrictmarriage to persons of the opposite sex.
Same-sex sexual relations were previously prohibited in Seychelles under a British colonial-era law. This law stipulated a penalty of 14 years' imprisonment for consensual, private sexual relations between people of the same sex, although it had never been enforced.[1] A bill repealing the criminalisation ofhomosexuality was enacted in 2016.[2][3][4] Laws prohibitingdiscrimination on the basis ofsexual orientation and a more welcoming and accepting society relative to otherAfrican nations have cemented Seychelles as one of "Africa's most LGBT-friendly countries".[5][6]
In June 2015, a same-sex couple, a British national and a Seychellois national who also held British citizenship, were married byHigh CommissionerLindsay Skoll at her residence inBel Air. The marriage was performed under British law and lacks legal recognition in Seychelles. Attorney General Ronny Govinden said, "We do not consider them married and their marriage does not have any legal standing, for example if they decide to adopt they will not be able to adopt the child as a married couple. If one of them dies… the inheritance laws… the one left behind will not be considered as a surviving spouse, if there is any pension the other will not be entitled to any benefit." The marriage proved controversial, and was criticised by some religious leaders.BishopDenis Wiehe said the wedding would cause "a state of complete confusion in the minds of our fellow citizens". The Seychelles Principal Secretary for Foreign Affairs,Maurice Loustau-Lalanne, described the marriage ceremony as "lacking in sensitivity". The British High Commission said the two men "were legally entitled to be married by an appropriate British official on British territory". "Should the government of Seychelles have declined to give permission, such a service would not have been offered. The British High Commission has complete respect for the laws, culture, beliefs and values of the Republic of Seychelles." The British High Commission "sought and has been granted permission [by the government] to provide this service."[7]
The Civil Code of Seychelles governs the requirements and application process for couples wishing to marry. Although it does not contain an explicit definition ofmarriage, it states that a marriage is void if "the parties to the marriage [are] not respectively male and female".[8] As a result, same-sex couples cannot marry in Seychelles and do not have access to the legal rights, benefits and obligations of marriage, including protection fromdomestic violence,adoption rights,tax benefits andinheritance rights, among others. Marriage in Seychelles was previously governed by theCivil Status Act 1980 (French:Loi de 1980 sur l'état civil;Seychellois Creole:Lalwa Leta Sivil 1980).[9] The act did not expressly forbidsame-sex marriages and did not contain a definition of marriage. However, it generally referred to married spouses as "man" and "woman" and used gender-specific terminology with regard to married spouses.[10]Civil unions (French:union civile,pronounced[ynjɔ̃sivil];Seychellois Creole:linyon sivil), which would offer some of the rights and benefits of marriage, are likewise not recognised in Seychelles.[11]
Article 32(1) of theConstitution of Seychelles describes the family "as the natural and fundamental element of society" and recognises "the right of everyone to form a family". However, Article 32(2) states:[12]
The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.
In July 2022, activists met PresidentWavel Ramkalawan to discuss the possibility of legalising same-sex marriage. "We spoke mostly about people who are already married, having done so overseas with both either being Seychellois or one Seychellois and the other an expatriate. Marriage is recognised internationally but we also want recognition here in Seychelles", said activist Sasha Alis.[13][14]
TheCatholic Church, the largestChristian denomination in Seychelles, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[15]
