LGBT rights in Anguilla

LGBT rights in Anguilla
Location of LGBT rights in Anguilla (red)

in North America (grey)  –  [Legend]

StatusLegal since 2001; unequal age of consent
Gender identityNo
MilitaryYes
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex couples
AdoptionNo
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History
342 MSM activity made illegal
1533 Death penalty introduced for MSM activity
1543 Buggery Act extended to Wales
1828 Offences Against the Person Act 1828
1835 James Pratt and John Smith executed
1861 Death penalty for buggery abolished
1885 Labouchere Amendment introduced
1889 Cleveland Street scandal
1895 Oscar Wilde found guilty of gross indecency
1912 The Cave of the Golden Calf opens
1921 Plans to make lesbian activity illegal defeated
1936 Mark Weston transitions
1952 John Nott-Bower begins crackdown
1954 Pitt-Rivers, Montagu, Wildeblood imprisoned
1954 Alan Turing commits suicide
1957 Wolfenden report released
1967 MSM activity made legal (England & Wales)
1972 First British Gay Pride Rally
1976 Jeremy Thorpe resigns as Liberal leader
1981 MSM activity made legal (Scotland)
1981 First case of AIDS reported in the UK
1982 MSM activity made legal (NI)
1983 Gay men barred from donating blood
1984 Chris Smith elected as first openly gay MP
1987 Operation Spanner begins
1988 Section 28 comes into force
1989 Stonewall UK forms
1994 Age of consent for MSM becomes 18
1997 Angela Eagle becomes first openly lesbian MP
1998 Bolton 7 found guilty
1998 Lord Alli becomes first openly gay Lord
1999 Admiral Duncan bombing
2000 Gay men allowed in HM Armed Forces
2001 Age of consent equalised to 16
2001 MSM activity involving multiple men legal
2002 Same sex couples granted equal rights to adopt
2003 Section 28 repealed
2004 Civil partnerships introduced
2004 Gender Recognition Act 2004
2006 Discrimination made illegal
2008 Equalised access to IVF for lesbian couples
2008 Incitement to homophobic hatred made a crime
2009 Public apology to Alan Turing
2010 Equality Act 2010
2011 Gay men allowed to donate blood (1 yr deferral)
2013 Nikki Sinclaire becomes first openly trans MEP
2013 Marriage (Same Sex Couples) Act 2013
2014 First same-sex marriages take place
2016 MSM activity not grounds for military discharge
2017 Turing law implemented
2017 Blood donation deferral 3 months (excl. NI)
2019 MPs legislate for gay marriage in NI
2020 Gay marriage legal across UK, incl. NI
2020 Blood donation deferral 3 months (incl. NI)
2021 Blood donation deferral equalised
 LGBT portal
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Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.

Law regarding same-sex sexual activity

Same-sex sexual activities have been legal in Anguilla since 2001. The legalisation of homosexuality was the result of an order of the Privy Council of the United Kingdom and affected the laws in four other overseas territories of the United Kingdom.[1]

The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[2]

Recognition of same-sex relationships

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
  Other type of partnership
  Unregistered cohabitation
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced
  Island subject to IACHR ruling

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Same-sex marriage and civil unions are not legal in Anguilla, and it is one of the British overseas territories not to have legislated for civil partnerships. Non-legal ceremonies of same-sex couples have occurred on the island.[3]

The Marriage Act states that "'marriage' means the union of a man and a woman as husband and wife".[4]

Discrimination protections

No known legislative protections exist for LGBT people in Anguilla's local laws.[5] The Constitution of Anguilla outlaws discrimination on the basis of "race, political opinions, colour, creed, sex or place of origin", though makes no mention of sexual orientation or gender identity.[6]

Living conditions

Due to Anguilla's small population, there is virtually no gay scene on the island. There are no gay organisations, venues, bars and clubs, or pride events. A small protest occurred on 17 May 2011 in The Valley for the International Day Against Homophobia, Transphobia and Biphobia.[7]

Several same-sex couples who have travelled to the island on vacation report that the island is "gay-friendly" and has "warm people, the best beaches and sunset in the world, and fantastic restaurants", but also "very quiet".[7] The couples further said that "nobody was discriminatory in any way". However, the situation for locals might be different. Anguilla, much like other Caribbean islands, is believed to have a "subdued and subtle climate of homophobia", which has contributed to secrecy among LGBT locals.[7]

Summary table

Same-sex sexual activity legal Yes (Since 2001)
Equal age of consent No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military Yes (UK responsible for defence)
Right to change legal gender No
Access to IVF for lesbians and automatic parenthood for both spouses after birth
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

  • LGBT portal

References

  1. ^ "Britain Scraps Homosexuality Laws". Sodomy Laws. Associated Press. 5 January 2001.
  2. ^ "Criminal Code R.S.A. c. C140". www.gov.ai. Retrieved 11 April 2021.
  3. ^ "Anguilla: Destination Weddings". Gay Destination Weddings. 1 January 2010.
  4. ^ "Marriage Act". gov.ai.
  5. ^ "Anguilla". Equal Dex. 1 January 2016.
  6. ^ "The ANGUILLA CONSTITUTION ORDER 2008" (PDF). gov.ai.
  7. ^ a b c Richard Ammon (October 2012). "Gay Life in Anguilla". Globalgayz.
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