LGBT rights in Montserrat

Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montserrat since 2001.[1]

LGBT rights in Montserrat
StatusLegal since 2001
Gender identityNo
MilitaryYes
Discrimination protectionsYes, sexual orientation only
Family rights
Recognition of relationshipsNo recognition of same-sex couples
RestrictionsSame-sex marriage constitutionally banned since 2010
AdoptionNo
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Timeline
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2003 Section 28 repealed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)
 LGBT portal

Law regarding same-sex sexual activity

Before 2001, anal sex and oral sex 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 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.[2] 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 and other minor sexual offence laws.[3]

As a British Overseas Territory, 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, which highlights a responsibility to ensure non-discrimination and equality.[4]

Recognition of same-sex relationships
Recognition of same-sex unions in the Lesser Antilles
  Same-sex marriage
  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, penalty not enforced
Main article: Recognition of same-sex unions in the British Overseas Territories

Same-sex marriage and civil unions are not legal in Montserrat. Same-sex marriage is constitutionally banned 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.[5]

Discrimination protections

Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:[5][6]

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.[5]

Living conditions

The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat,[7] though several hotels welcome gay tourists and have non-discrimination policies.[8]

While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.[8]

Summary table
Same-sex sexual activity legal (Since 2001)
Equal age of consent (Since 2001)
Anti-discrimination laws in employment (Since 2010)
Anti-discrimination laws in the provision of goods and services (Since 2010)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) (Since 2010)
Same-sex marriages (Constitutionally banned since 2010)
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military (Since 2000; responsibility of the United Kingdom)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

References
  1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-19 at WebCite
  2. "Britain Scraps Homosexuality Laws". Glapn.org. Retrieved 19 January 2011.
  3. "Local News – British Virgin Islands". Island Sun. Archived from the original on 13 July 2011. Retrieved 19 January 2011.
  4. "Country Profile: British Virgin Islands (British Overseas Territory)". Fco.gov.uk. Archived from the original on 13 April 2011. Retrieved 19 January 2011.
  5. "Constitution of Montserrat Part I: Fundamental Rights & Freedoms". Government of Montserrat. Retrieved 15 July 2014.
  6. "LABOUR CODE 2012" (PDF). Government of Montserrat. Retrieved 15 July 2014.
  7. "Gay Life in Montserrat - GlobalGayz". www.globalgayz.com.
  8. "Local laws and customs - Montserrat travel advice". GOV.UK.


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