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Same-sex marriage in Guernsey

From Wikipedia, the free encyclopedia

Part of theLGBTQ rights series
Notes
  1. ^abPerformed in the Netherlands proper (including theCaribbean Netherlands), as well as inAruba and Curaçao. May be registered inSint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^Neither performed nor recognized inTokelau or the associated states of theCook Islands andNiue.
  3. ^Same-sex marriage is also legal in theCrown Dependencies ofGuernsey, theIsle of Man andJersey, and theBritish Overseas Territories ofAkrotiri and Dhekelia, theBritish Antarctic Territory, theBritish Indian Ocean Territory, theFalkland Islands,Gibraltar, thePitcairn Islands,Saint Helena, Ascension and Tristan da Cunha, andSouth Georgia and the South Sandwich Islands. Same-sex marriage is not performed in six British Overseas Territories:Anguilla,Bermuda, theBritish Virgin Islands, theCayman Islands,Montserrat, and theTurks and Caicos Islands.
  4. ^abNeither performed nor recognized insome tribal nations of the US. Recognized but not performed in several other tribal nations andAmerican Samoa.
  5. ^Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^abcdTheComan v. Romania ruling of theEuropean Court of Justice obliges the state to provide residency rights for the foreign spouses ofEU 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 confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^Indian courts have recognizedguru–shishya,nata pratha ormaitri karar–type contractual relationships, but they are not legally binding.
  11. ^Most Japanese cities and prefectures issuepartnership certificates, but they are not legally binding.
  12. ^Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Same-sex marriage is legal in all parts of theBailiwick of Guernsey, aCrown Dependency of theUnited Kingdom. Legislation to openmarriage to same-sex couples inGuernsey was passed 33–5 by theStates of Guernsey on 21 September 2016, and took effect on 2 May 2017. Same-sex marriage laws took effect inAlderney on 14 June 2018, andSark on 23 April 2020.

The Bailiwick of Guernsey has never recognisedcivil partnerships, and prior to 2017 was the sole region in theBritish Isles to not recognise same-sex couples in any form.

Recognition of foreign unions

[edit]
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Civil partnerships performed in theUnited Kingdom and other relationships treated as such by UK law have been recognised in Guernsey forsuccession purposes since 2 April 2012, after approval of a bill allowing such recognition by theStates of Guernsey on 29 June 2011. The bill receivedroyal assent in thePrivy Council on 16 November and was registered in the records of the island on 5 December 2011.[1][2]

On 10 December 2015, the States approved anordinance to recognise same-sex marriages and civil partnerships performed abroad for the purposes of theIncome Tax (Guernsey) Law, 1975. It took effect on 1 January 2017.[3][4][5][6][7] On the same day, the States directed the preparation of legislation to amend theInheritance (Guernsey) Law, 2011 to recognise foreign same-sex marriages for its purposes.[5][8] A bill to this effect was submitted on 22 January 2016, and was approved by the States on 2 March.[9][10][11] It received royal assent in the Privy Council on 4 May and took effect on 16 May 2016.[12]

On 17 June 2015, theStates of Alderney unanimously approved theInheritance (Alderney) Law, 2015, which includes provisions to recognise same-sex marriages and civil partnerships performed abroad for its purposes.[13][14] The bill received royal assent in the Privy Council on 8 October, was registered in the records of the island on 9 November 2015, and took effect on 1 January 2016.[15][16][17]

Same-sex marriage

[edit]

Guernsey

[edit]

In January 2014, it was announced that within the next twelve months deputies would debate whether to accept a state-recognisedcivil union proposal.[18] The proposed law, titledUnion Civile (French:[ynjɔ̃sivil];Guernésiais:parchounerie civile;Sercquiais:parchunnii civile), was said to be "the most forward-looking marriage law" in the world. The measure would have ended state-sanctioned marriages of any couple and instead replaced it withUnion Civile.[19] A consultation on the proposed law began on 1 June 2015 and lasted until 13 July 2015.[20][21][22][23] The law would only apply to the islands ofGuernsey,Herm,Jethou andLihou.[24] On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed, with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.[25]

On 30 October 2015, thePolicy Council of Guernsey dropped theUnion Civile plans and released a report asking the States to agree on introducing a same-sex marriage law.[26][27] The States approved the proposal on 10 December 2015 in a 37–7 vote. Amendments to introduce civil partnerships orUnion Civile rather than same-sex marriage were rejected.[28][29][30][31]

10 December 2015 vote in theStates[31]
Electoral districtVoted forVoted againstAbsent (Did not vote)
Castel
4
  • Mark Dorey
  • Darren Duquemin
  • Christopher Green
  • Sandra James
2
  • Hunter Adam
  • Barry Paint
Saint Peter Port North
7
  • Elis Bebb
  • Richard Conder
  • John Gollop
  • Michelle Le Clerc
  • Charles Parkinson
  • Lester Queripel
  • Peter Sherbourne
Saint Peter Port South
5
  • Barry Brehaut
  • Roger Domaille
  • Peter Harwood
  • Robert Jones
  • Allister Langlois
1
  • Jan Kuttelwascher
Saint Sampson
6
South East
5
1
  • Michael O'Hara
Vale
5
  • Garry Collins
  • Matthew Fallaize
  • Andrew Le Lièvre
  • Mary Lowe
  • Anthony Spruce
1
  • Laurie Queripel
West
4
  • Alvord Brouard
  • Yvonne Burford
  • Arrun Wilkie
2
  • David de Lisle
  • Roger Perrot
1
  • David Inglis
Alderney
2
  • Louis Jean
  • Graham McKinley
Total3773
78.7%14.9%6.4%

In February 2016, a working group, consisting of Chief MinisterJonathan Le Tocq and deputies Elis Bebb and Christopher Green, was established in order to prepare a draft bill.[32][33] A same-sex marriage bill was approved by the States in a 33–5 vote on 21 September.[34][35][36][37]

21 September 2016 vote in theStates[38]
Electoral districtVoted forVoted againstAbsent (Did not vote)
Castel
4
1
  • Barry Paint
Saint Peter Port North
5
  • John Gollop
  • Marc Leadbeater
  • Michelle Le Clerc
  • Charles Parkinson
  • Lester Queripel
1
  • Joe Mooney
Saint Peter Port South
4
1
  • Jan Kuttelwascher
Saint Sampson
6
South East
5
  • Lindsay De Sausmarez
  • Victoria Oliver
  • Rob Prow
  • Peter Roffey
  • Heidi Soulsby
Vale
3
1
  • Laurie Queripel
1
  • Jeremy Smithies
West
4
  • Alvord Brouard
  • Andrea Dudley-Owen
  • Shane Langlois
  • Emilie Yerby
1
  • David de Lisle
Alderney
2
  • Louis Jean
  • Graham McKinley
Total[a]3351
84.6%12.8%2.6%

TheSame-Sex Marriage (Guernsey) Law, 2016 received royal assent in thePrivy Council on 14 December 2016.[39] It was registered in the records of the island on 16 January 2017.[40] On 21 February, the government announced that the law would take effect on 2 May, if the ordinances to commence it and make the necessary changes to other laws are approved by the States at its meeting on 26 April.[41][42][43][44][45] On 26 April, the States approved both ordinances, and the law took effect on 2 May 2017.[46][47][48][49][50] It applies to the jurisdiction of Guernsey, but not to Alderney and Sark.[40] The law contains provisions stating that:

Marriage of same-sex couples is lawful. In the law of Guernsey, whether statutory, customary or otherwise, marriage has the same effect in relation to same-sex couples as it has in relation to opposite-sex couples.

The first same-sex marriage in Guernsey was performed on 14 July 2017 between Kirsty Davison and Paula Le Page inSaint Peter Port.[51] The first same-sex couple to marry onHerm were Rebecca and Aletia Leong in August 2022.[52]

Alderney

[edit]

Alderney, one of the three constituentChannel Islands which form the Bailiwick of Guernsey, has full autonomy in most legal matters (except foreign affairs and other powers that have been transferred to the States of Guernsey), through theStates of Alderney.

On 21 February 2017, the States' Policy and Finance Committee (PFC) approved a proposal from the Chief Executive, Victor Brownlees, to draft a bill to allow same-sex marriage on Alderney.[53]LGBT rights advocacy group Liberate estimated that the entire process of legalisation could take 12 months.[54] On 16 May, the PFC agreed to bring forward the proposedSame-Sex Marriage (Alderney) Law, 2017 to a meeting of the States on a date to be determined later.[55] On 18 July 2017, the PFC noted that the draft law was at an advanced stage, but that consequential amendments to other legislation was required before the bill could be presented to the States of Alderney.[56] On 12 September 2017, the PFC unanimously approved the bill.[57][58][59] The legislation was approved by the States on 18 October 2017 by a vote of 9 to 0 with one abstention.[60][61][62] The bill received royal assent in the Privy Council on 13 December 2017 and was registered in the records of the island on 15 January 2018.[63][64][65] On 13 June, the States approved the ordinances to commence the law and make the necessary changes to other laws, all of which came into effect on 14 June 2018.[66][67][68][69] The first same-sex marriage was performed on 16 June 2018 in Platte Saline nearSaint Anne.[70][71]

Sark

[edit]

Sark is a constituent Channel Island which forms part of the Bailiwick of Guernsey. It has legislative autonomy and legislation passed by the States of Guernsey do not apply to Sark without approval of theChief Pleas, resulting in same-sex marriages not being performed in Sark following the passage of Guernsey's legislation.[72] On 2 October 2019, the Chief Pleas approved a proposition directing the Policy and Finance Committee to instruct the Law Officers to draft legislation to legalise same-sex marriage on the island.[73][74][75] A bill mirroring the provisions of the Guernsey same-sex marriage law was approved by the Chief Pleas on 17 December 2019,[76][77] and received royal assent on 11 March 2020.[78] TheSame-Sex Marriage (Sark) Law, 2019 was registered in the records of the island on 6 April.[79] On 22 April 2020, the Chief Pleas approved, in a unanimous 14–0 vote, the ordinances to commence the law and make the necessary changes to other laws, all of which came into effect on 23 April 2020.[80][81][82][83]

Sark equestrianCarl Hester praised the legalisation of same-sex marriage on the island.[84]

Statistics

[edit]

Liberate estimated that around 70 same-sex couples had married in Guernsey in the first year of legalisation.[85]

Religious performance

[edit]

On 15 November 2023, theGeneral Synod of the Church of England voted to allow clergy tobless same-sex marriages. The measure, which passed with a one vote majority, took effect on 17 December 2023.[86][87] Guernsey is part of theDiocese of Salisbury, whose bishop,Stephen Lake, voted in favour of blessing same-sex unions.[88] TheDean of Guernsey,Tim Barker, also expressed support for the blessings.[89]

TheMethodist 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.[90][91] In January 2022, the Methodistcongregation in Sark announced it would be performing same-sex weddings in its local chapel.[92] The smallerUnited Reformed Church has allowed its churches to perform same-sex marriages since 2016.[93]Quakers formally expressed support for same-sex marriage in 2009.[94]

See also

[edit]

Notes

[edit]
  1. ^The States only had 39 seats at the time due toDavid Jones' death in July 2016

References

[edit]
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