Same-sex marriage in the Falkland Islands

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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 on 30 March, and was given royal assent by Governor Colin Roberts on 13 April. The territory also recognises civil partnerships, open to both same-sex and different-sex couples.

The Falkland Islands was the seventh British Overseas Territory to legalise same-sex marriage, and the third civilian one to do so, after the Pitcairn Islands and Gibraltar.

Background[edit]

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

First claimed by the Kingdom of Great Britain in 1765, the Falkland Islands was periodically garrisoned by British, French and Spanish forces until 1811 when all the garrisons were withdrawn. In 1833, the British reasserted its sovereignty over the Falklands, and a civilian population was invited to stay on the islands.[1]

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void ab initio in common law, and as such same-sex couples could not marry on the islands.[2] The ordinance was repealed in 1996 and replaced with the Marriage Ordinance 1996, which did not contain any changes with regard to the recognition of same-sex unions.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]

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.[3] 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.[4] 90% of the participants to the consultation supported same-sex marriage, and 94% were in favour of civil partnerships for all couples.[5]

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.[6] On 30 March 2017, the Legislative Assembly approved the same-sex marriage bill by a 7 to 1 vote.[7][8][9][10] The bill would allow same-sex couples to marry and enter into civil partnerships.[11][12][13][14] It was supported by MLAs Jan Cheek, Roger Edwards, Barry Elsby, Ian Hansen, Michael Poole, Phyl Rendell, and Gavin Short,[15][16] but opposed by MLA Mike Summers. The law received royal assent by Governor Colin Roberts on 13 April,[17][18] and went into effect on 29 April 2017.[19] A community event to celebrate the legalisation of same-sex marriage took place in Stanley that same day.[15][20]

Sections 3A(1) and Section 3B of the marriage ordinance state:[21]

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.

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.[6] 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.

The first same-sex marriage in the Falkland Islands was performed at Christina Bay near Cape Pembroke on 20 November 2017.[22]

See also[edit]

References[edit]

  1. ^ "Our History". www.falklands.gov.fk. Archived from the original on 20 December 2020. Retrieved 7 September 2021.
  2. ^ 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.)
  3. ^ "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.
  4. ^ "Family Law Review – Proposals for legislative drafting". fig.gov.fk. 13 January 2016. Archived from the original on 28 January 2016.
  5. ^ "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.
  6. ^ a b "32-17P: Family Law Review – marriage reform". fig.gov.fk. 22 February 2017. Archived from the original on 24 February 2017.
  7. ^ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  8. ^ 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.
  9. ^ "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
  10. ^ "Facebook Post by FITV". Facebook.com. 3 April 2017. Retrieved 8 April 2017.
  11. ^ 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.
  12. ^ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  13. ^ 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.
  14. ^ "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.
  15. ^ 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.
  16. ^ "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.
  17. ^ Salerno, Rob (22 June 2017). "Falkland Islands Same-sex Marriage Update". Archived from the original on 28 June 2017.
  18. ^ "Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill". Falkland Islands Government. 13 April 2017. Archived from the original on 28 June 2017.
  19. ^ "Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]". Falkland Islands Legislation. 31 July 2017.
  20. ^ @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.
  21. ^ "Marriage Ordinance 1996" (PDF). Falkland Islands Legislation. 31 July 2017. Archived (PDF) from the original on 2 August 2017. Retrieved 6 December 2019.
  22. ^ "Marriage". www.fig.gov.fl. Archived from the original on 1 October 2020.
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