Recognition of same-sex unions in Barbados

Part of the LGBT rights series
Legal status of
same-sex unions
Unclear legal status
Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal
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Same-sex unions are currently not recognised in Barbados. In September 2020, the government announced its intention to pass civil unions for same-sex couples, providing several of the rights, benefits and obligations of marriage. It also announced the possibility of holding a referendum on legalising same-sex marriage.

Background

In June 2016, Attorney General Adriel Brathwaite said the Government of Barbados was not considering changing the law to allow for same-sex marriages.[1]

In July 2020, the government launched the "Welcome Stamp" visa program, allowing foreign workers to stay on Barbados for up to one year. After receiving criticism that the program only allowed workers to bring their opposite-sex spouse with them, the government changed the program rules to allow workers to bring their same-sex spouse as well.[2]

In March 2022, attorney at law Lalu Hanuman suggested that the Marriage Act may not prohibit same-sex marriage, and called on same-sex couples to challenge the law in court. "It does not say in the prohibited or void sections that a man can't marry a man or a woman can't marry a woman. I think it ought to be considered a test case where an LGBTQ person approaches the magistrate to get the bands published … and tries to get married to someone of their same gender. I am confident it will be refused at the Magistrate's Court level, but then challenge it all the way up to the Caribbean Court of Justice and I think it could well succeed.", Hanuman said. The Act uses gender-neutral language, except in section 3 which states that "a marriage solemnised between a man and a woman" is void if the partners are related.[3]

2018 Inter-American Court of Human Rights ruling

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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On 9 January 2018, in advisory opinion OC 24/7, the Inter-American Court of Human Rights (IACHR) ruled that countries signatory to the American Convention on Human Rights are required to allow same-sex couples to marry.[4][5][6] The ruling states that:[7][8]

The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.

Barbados ratified the American Convention on Human Rights on 27 November 1982 and recognized the court's jurisdiction on 4 June 2000.[9] The ruling set binding precedent in favour of same-sex marriage for Barbadian courts.

Civil union proposal and marriage referendum

On 15 September 2020, the government announced its intention to pass a form of civil union, providing same-sex couples with a subset of the rights and benefits of marriage, and after that hold a referendum on the issue of same-sex marriage.[10] Governor General Sandra Mason (since 2021 the President of Barbados) said in a speech to the Parliament that the country must have a "frank discussion" and "end discrimination in all forms".

Mr President, my Government is prepared to recognise a form of civil unions for couples of the same gender so as to ensure that no human being in Barbados will be discriminated against, in exercise of civil rights that ought to be theirs.

LGBT activist Alexa Hoffmann said Mason's speech was filed with "smoke and mirrors, tiptoeing around and the use of buzz words. […] A nod is being given to civil unions but yet anything that relates to the LGBT community physically being able to practice that relationship is still criminalized and completely forbidden.",[11] referencing the fact that Barbados law at the time criminalised same-sex sexual relations.[12]

See also

References

  1. ^ "Gay blow: AG rules out same-sex marriages". Barbados Today. 7 June 2016.
  2. ^ "StackPath". www.gaytoday.com. Retrieved 2020-08-09.
  3. ^ "Attorney suggests Marriage Act may not prohibit same-sex marriage". Barbados Today. 9 March 2022.
  4. ^ Pretel, Enrique Andres (January 10, 2018). "Latin American human rights court urges same-sex marriage legalization". Reuters. Archived from the original on June 2, 2020. Retrieved January 12, 2018.
  5. ^ Chinchilla, Sofía; Cambronero, Natasha (January 9, 2018). "Corte Interamericana ordena abrir la puerta al matrimonio gay en Costa Rica" (in Spanish). La Nación. Archived from the original on June 2, 2020. Retrieved June 2, 2020.
  6. ^ "Inter-American Court endorses same-sex marriage". Yahoo7. Agence France-Presse. 9 January 2018. Archived from the original on 9 January 2018. Retrieved 9 January 2018.
  7. ^ "OPINIÓN CONSULTIVA OC-24/17 DE 24 DE NOVIEMBRE DE 2017SOLICITADA POR LA REPÚBLICA DE COSTA RICA" (PDF) (in Spanish). Inter-American Court of Human Rights. Archived (PDF) from the original on June 2, 2020. Retrieved June 2, 2020.
  8. ^ Contesse, Jorge (July 26, 2018). "The Inter-American Court of Human Rights' Advisory Opinion on Gender Identity and Same-Sex Marriage". American Society of International Law. Archived from the original on June 5, 2020. Retrieved June 5, 2020.
  9. ^ "ANNUAL REPORT OF THE IACHR 2001 - Annex III". cidh.org (in Spanish).
  10. ^ "Government to recognise 'a form of civil unions' for same sex couples". Barbados Today. 2020-09-15. Retrieved 2020-09-15.
  11. ^ Moloney, Anastasia (17 September 2020). "Barbados pledges same-sex marriage vote, but supporters doubt reform". Reuters.
  12. ^ "Barbados' top court strikes down laws that criminalize gay sex". The Guardian. December 13, 2022.
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Recognition of same-sex unions in the Caribbean
  • British West Indies
  • Danish West Indies
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  • West Indies Federation
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Indies
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    N.B.: Territories in italics are parts of transregional sovereign states or non-sovereign dependencies.

    ^These three form the SSS islands that with the ABC islands comprise the Dutch Caribbean, of which *the BES islands are not direct Kingdom constituents but subsumed with the country of the Netherlands.

    †Physiographically, these continental islands are not part of the volcanic Windward Islands arc, although sometimes grouped with them culturally and politically.

    ǂDisputed territories administered by Guyana. ~Disputed territories administered by Colombia.

    #Bermuda is an isolated North Atlantic oceanic island, physiographically not part of the Lucayan Archipelago, Antilles, Caribbean Sea nor North American continental nor South American continental islands. It is grouped with the Northern American region, but occasionally also with the Caribbean region culturally.
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