Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

residents. Same-sex sexual activity has been legal in

Montserrat Montserrat ( ) is a British Overseas Territory in the Caribbean. It is part of the Leeward Islands, the northern portion of the Lesser Antilles chain of the West Indies. Montserrat is about long and wide, with roughly of coastline. It is n ...

since 2001.State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults

Law regarding same-sex sexual activity

Before 2001,

anal sex Anal sex or anal intercourse is generally the insertion and thrusting of the erect penis into a person's anus, or anus and rectum, for sexual pleasure.Sepages 270–271for anal sex information, anpage 118for information about the clitoris. ...

and

oral sex Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex p ...

for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an

Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...

in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the ''Caribbean Territories (Criminal Law) Order, 2000''. According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under

gross indecency Gross indecency is a crime in some parts of the English-speaking world, originally used to criminalize sexual activity between men that fell short of sodomy, which required penetration. The term was first used in British law in a statute of the B ...

and other minor sexual offence laws. The age of consent is higher for homosexuals (18) than it is for heterosexuals (16). As a

British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Br ...

, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

, which highlights a responsibility to ensure non-discrimination and equality.

Recognition of same-sex relationships

Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...

and

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s are not legal in Montserrat. Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads: :

Notwithstanding anything in section 16, every 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 to found a family.

Discrimination protections

Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

: :

The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Living conditions

The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat, though several hotels welcome gay tourists and have non-discrimination policies. While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.

Summary table

References