LGBT rights in the Turks and Caicos Islands

LGBT rights in Turks and Caicos Islands
StatusLegal since 2001, unequal age of consent
Gender identityNo
MilitaryYes
Discrimination protectionsYes, sexual orientation only
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2003 Section 28 repealed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
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Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of the Turks and Caicos Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Turks and Caicos Islands since 2001, and discrimination based on sexual orientation is constitutionally banned.[1]

Legality of same-sex sexual activity

Same-sex sexual acts were expressly decriminalised under the United Kingdom's Caribbean Territories (Criminal Law) Order, 2000, which took effect on 1 January 2001.[2]

The law received considerable local media coverage. The two largest newspapers (one of each belongs to the two largest political parties) described the law as "an affront to our country" and "the sissy law".[3]

The age of consent is higher for male (18) than it is for female (16).[4]

Recognition of same-sex relationships

Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced
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Same-sex marriages and civil unions are not legal in the Turks and Caicos Islands. Only opposite-sex marriage is constitutionally protected as Article 10 of the Constitution reads:

Every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.[5]

Discrimination protections

Article 16 of the Constitution bans discrimination based on sexual orientation:[5]

In this section, "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions such as by race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

Living conditions

The Turks and Caicos Islands are considered a safe destination for LGBT tourists. LGBT people tend to face no discrimination issues in resorts and very touristic areas.[6] Most Turks and Caicos inhabitants are quite tolerant of same-sex relationships.[3] Several gay-themed cruise ships have also been allowed to port in the islands.[3]

There are no known gay rights organisations in the Turks and Caicos Islands. Several government education programmes on HIV/AIDS have reached out to gay men, though.[3]

Homophobia in the Turks and Caicos Islands is mostly religious-based.[3] Following the passage of Proposition 8 in California, several religious preachers called on same-sex marriage to be constitutionally banned in island law. Religious groups have also opposed greater awareness and prevention of HIV/AIDS, erroneously claiming that straight men and women cannot get infected.[3]

Summary table

Same-sex sexual activity legal Yes (Since 2001)
Equal age of consent No (Proposed)
Anti-discrimination laws in employment Yes (Since 2011)
Anti-discrimination laws in the provision of goods and services Yes (Since 2011)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2011)
Same-sex marriages 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 No
Commercial surrogacy for gay male couples No (Banned for heterosexual couples as well)
MSMs allowed to donate blood No

See also

  • LGBT portal
  • mapCaribbean portal

References

  1. ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 July 2013 at the Wayback Machine
  2. ^ "Caribbean Territories (Criminal Law) Order, 2000" (PDF). Retrieved 27 May 2018.
  3. ^ a b c d e f "Being Gay in Turks & Caicos Islands". globalgayz.com. Retrieved 27 May 2018.
  4. ^ "03.08 Offences Against the Person Ordinance". Government of the Turks and Caicos Islands. Retrieved 11 April 2021.
  5. ^ a b "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of United Kingdom (legislation.gov.uk). Retrieved 30 January 2016.
  6. ^ "Gay Guide to Turks and Caicos - GayTravel Guide for LGBTQ Travelers – Gay Bars & Clubs, Gay Friendly Hotels, Cruises, Tours, Events, Beaches, Weddings, Deals & Reviews". gaytravel.com. Retrieved 27 May 2018.
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