Same-sex marriage in the Pitcairn Islands has been legal since 14 May 2015. An ordinance to permit

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 ...

s was passed unanimously by the Island Council on 1 April 2015, and received

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

by Governor

Jonathan Sinclair Jonathan William Rossiter Sinclair (born 13 October 1970) is a British diplomat who is Director of Human Resources at the Foreign and Commonwealth Office. Career Sinclair was educated at Radley College and studied at Oxford University for a B ...

on 5 May. The Pitcairn Islands was the first civilian British Overseas Territory to legalise same-sex marriage, and the fourth to do so after

Akrotiri and Dhekelia Akrotiri and Dhekelia, officially the Sovereign Base Areas of Akrotiri and Dhekelia (SBA),, ''Periochés Kyríarchon Váseon Akrotiríou ke Dekélias''; tr, Ağrotur ve Dikelya İngiliz Egemen Üs Bölgeleri is a British Overseas Territory o ...

, the British Indian Ocean Territory and

South Georgia and the South Sandwich Islands ) , anthem = "God Save the King" , song_type = , song = , image_map = South Georgia and the South Sandwich Islands in United Kingdom.svg , map_caption = Location of South Georgia and the South Sandwich Islands in the southern Atlantic Oce ...

Background

The Pitcairn Islands was settled by British mutineers from HMS ''Bounty'', along with the

Tahiti Tahiti (; Tahitian ; ; previously also known as Otaheite) is the largest island of the Windward group of the Society Islands in French Polynesia. It is located in the central part of the Pacific Ocean and the nearest major landmass is Austra ...

an men and women who were with them, in 1790. The islands were rediscovered by the British in 1814 when Captain Thomas Staines made contact with the islanders. Pitcairn Island became a British colony in 1838, and

Henderson Henderson may refer to: People *Henderson (surname), description of the surname, and a list of people with the surname *Clan Henderson, a Scottish clan Places Argentina *Henderson, Buenos Aires Australia *Henderson, Western Australia Canada * H ...

, Ducie and Oeno were annexed by the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...

in 1902. In 1938, all four islands were incorporated into a single administrative unit. In

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

, a marriage between persons of the same sex was void ''ab initio''. In 1866, in '' Hyde v Hyde and Woodmansee'' (a case of

polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...

), Lord Penzance's judgment began: "Marriage as understood in

Christendom Christendom historically refers to the Christian states, Christian-majority countries and the countries in which Christianity dominates, prevails,SeMerriam-Webster.com : dictionary, "Christendom"/ref> or is culturally or historically intertwine ...

is the voluntary union for life of one man and one woman, to the exclusion of all others." Explicit bans on same-sex marriages were enacted in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

in the ''

Nullity of Marriage Act 1971 The Nullity of Marriage Act 1971 was an act that defined valid reasons for annulment according to British law. This act was the first time in British law that marriage was explicitly defined by statute as being between a male and a female. A marri ...

'', and later the ''

Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Reli ...

''. Similar laws were passed in

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

. These bans, since repealed, did not apply to the Pitcairn Islands. The first four local ordinances having application solely to the islands were passed in 1952. One of these ordinances provided for the basis of the islands' legal system, administration and government. Two other ordinances provided for the registration of births and deaths, and for the solemnisation of marriages. The ''Marriage Ordinance'', enacted on 16 October 1952, did not contain an explicit ban on same-sex marriage, but generally assumed married spouses to be "husband and wife".

Same-sex marriage law

On 1 April 2015, the Island Council passed the ''Same Sex Marriage and Civil Partnerships Ordinance'' by a unanimous 7–0 vote. The ordinance, supported by Mayor

Shawn Christian Shawn Patrick Christian (born December 18, 1965) is an American television and film actor. Life and career After graduating from Ferris State University in Big Rapids, Michigan in 1989 with a degree in marketing, he moved to Chicago to purs ...

and Deputy Mayor Brenda Christian, amended the local ''Marriage Ordinance'' to replace references to "husband and wife" with

gender-neutral language Gender-neutral language or gender-inclusive language is language that avoids bias towards a particular sex or gender. In English, this includes use of nouns that are not gender-specific to refer to roles or professions, formation of phrases in a c ...

and add the following definition of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

: The ''Interpretation and General Clauses Ordinance'' was amended to state that '"marriage" – (a) includes marriage of a same-sex couple, and (b) includes a registered civil partnership that is entered into outside of Pitcairn in accordance with the laws of that place' and '"spouse" – (a) includes a person who is married to a person of the same sex, and (b) unless otherwise specified includes a person who is a party to a registered civil partnership that is entered into outside of Pitcairn in accordance with the laws of that place'.

Civil partnership 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, known in

Pitkern Pitkern, also known as Pitcairn-Norfolk or Pitcairnese, is a language spoken on Pitcairn and Norfolk islands. It is a mixture of English and Tahitian, and has been given many classifications by scholars, including cant, patois, and Atlantic Cre ...

as (), cannot be performed in Pitcairn but those performed abroad are recognised as marriages on the islands. The ordinance was given

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

on 5 May. It was published on 13 May 2015, and came into effect the following day. Both intending spouses must be 18 years or older, and one of the parties must have resided in Pitcairn for at least the past fifteen days. The

marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...

is issued by the Registar of Marriages, and the marriage ceremony must take place within three months of the notice of marriage. The move to legalise same-sex marriage was widely published on international media. Deputy Governor Kevin Lynch said that the change had been suggested by British authorities. Local resident

Meralda Warren Meralda Elva Junior Warren (born 28 June 1959) is an artist and poet of the Pitcairn Islands, a remote British Overseas Territory in the South Pacific. She works in both English and Pitkern, the island's distinctive creole language. Her book, ...

said the law "wasn't even a major point of discussion until the outside world began catching up on the news". None of the c. 50

Pitcairn Islanders Pitcairn Islanders, also referred to as Pitkerners and Pitcairnese, are the inhabitants or citizens of the Pitcairn Islands. The Pitcairn Islands are a British Overseas Territory, mainly inhabited by Euronesians of British and Tahitian desc ...

residing on the island is known to be in a same-sex relationship.

References

{{LGBT unions and rights in the territories of the United Kingdom Pitcairn Islands LGBT rights in the Pitcairn Islands 2015 in LGBT history Pitcairn Islands law

Background

Same-sex marriage law

See also

References