Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands 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 the

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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, referred to as " buggery" under the

British Virgin Islands Criminal Code The British Virgin Islands Criminal Code (No 1 of 1997) is a statute of the British Virgin Islands which consolidates almost all of the indictable offences under the Territory's criminal law. The Code was passed into law by the Legislative Cou ...

. Lesbian activity has never been illegal. Age of consent is set at 16, regardless of gender or sexual orientation. Sexual acts between two consenting adults in private were expressly decriminalized 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 the British Virgin Islands (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 has retrospective effect. 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. As a British Overseas Territory, the British Virgin Islands Government is required to comply with their 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 highlight a responsibility to ensure non-discrimination and equality. The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction.

Recognition of same-sex relationships

Same-sex marriages 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, constitutin ...

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 the British Virgin Islands. The British Virgin Islands is an extremely religious society, and no discussion relating to legalisation has yet occurred in the House of Assembly. In 2015, Premier

Orlando Smith Daniel Orlando Smith, OBE (born 28 August 1944) is a British Virgin Islands politician and the former Premier of the British Virgin Islands from 2011 to 2019 and from 2003 to 2007. He also formerly served as Chief Minister of the British Vi ...

, whilst affirming his personal opposition to

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 ...

, indicated that he is open to public consultation on the issue. However, the ''Marriage (Amendment) Act 2017'' made no provision for same-sex marriages, and politicians speaking in the House of Assembly took time to comment on the absence of such provisions and express hostility to same-sex marriage and LGBT people more broadly. Church leaders have indicated hostility towards the possibility of legalisation, and political leaders have taken an unsympathetic approach in public.

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has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of an

. In 2021 a local couple sought a judicial review challenging the constitutionality of the refusal to recognise their same-sex marriage (celebrated in the United Kingdom). The proceeding was stayed pending the outcome of appeals to the Privy Council in two cases involving Bermuda and the Cayman Islands, though evidentiary proceedings were continued in July 2022 as the government defended the island's statute banning same-sex marriage in the court. In December 2022 the

Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...

of the British Virigin Islands

Natalio Wheatley Natalio Dixon Wheatley (born 2 June 1980) is a British Virgin Islands politician currently serving as Premier of the British Virgin Islands. He is the grandson of former Chief Minister, Willard Wheatley. He has at times expressed a preference t ...

announced the government would seek to pass legislation authorising it to hold a referendum on same-sex marriage and expansion of domestic partnership rights in 2023.

Discrimination protections

The 2007 Constitution prohibits discrimination against people on the basis of sexual orientation:The Virgin Islands Constitution Order 2007
articles 9 and 26. :''Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedoms of the individual;'' :''Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind, such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status, subject only to prescribed limitations;'' :''"Discriminatory" means affording different treatment to different persons on any ground such as sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, family relations, economic status, disability, age, birth, sexual orientation, marital or other status''

Living conditions

The British Virgin Islands is a conservative and religious society. Open displays of affection between same-sex partners may offend, and LGBT people generally keep their sexual orientation a secret and stay in the closet. There are reports of same-sex couples and LGBT people being harassed and even physically attacked. Some of these violent attacks have been justified or excused by locals as simply "following the Bible".

Summary table

There is no such thing as legal gender. The law does n ot classify gender; it classifies sex.

References

{{LGBT unions and rights in the territories of the United Kingdom

Rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...

Politics of the British Virgin Islands Law of the British Virgin Islands