Same-sex marriage in the British Antarctic Territory has been legal since 13 October 2016. A new marriage ordinance bringing territorial legislation in line with the law in force in England and Wales was proclaimed by Commissioner Peter Hayes on 13 October, legalising marriage by same-sex couples in the

British Antarctic Territory The British Antarctic Territory (BAT) is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories, of which it is by far the largest by area. It comprises the region south of 60°S latitude and between ...

Background

In 1908, the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

declared sovereignty over South Georgia, 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 ...

, the

South Shetland Islands The South Shetland Islands are a group of Antarctic islands with a total area of . They lie about north of the Antarctic Peninsula, and between southwest of the nearest point of the South Orkney Islands. By the Antarctic Treaty of 1 ...

, the South Orkney Islands and

Graham Land Graham Land is the portion of the Antarctic Peninsula that lies north of a line joining Cape Jeremy and Cape Agassiz. This description of Graham Land is consistent with the 1964 agreement between the British Antarctic Place-names Committee an ...

. In 1917, the UK modified its claim, so as to include all the territory in the sector stretching to the

South Pole The South Pole, also known as the Geographic South Pole, Terrestrial South Pole or 90th Parallel South, is one of the two points where Earth's axis of rotation intersects its surface. It is the southernmost point on Earth and lies antipod ...

. The territories were administered as

Falkland Islands Dependencies The Falkland Islands Dependencies was the constitutional arrangement from 1843 until 1985 for administering the various British territories in Sub-Antarctica and Antarctica which were governed from the Falkland Islands and its capital Port Sta ...

. The British Antarctic Territory, comprising the Antarctic Peninsula with the sector extending to the South Pole, the South Shetland Islands and the South Orkney Islands, was formed and became its own separate territory in 1962 with the enactment of the ''British Antarctic Territory Order in Council 1962''. The ''British Antarctic Territory Order 1989'', enacted by the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

in May 1989, provides for a head of government in the territory, known as the

Commissioner for the British Antarctic Territory The Commissioner for the British Antarctic Territory (BAT), is the head of government in the Antarctic Territory of the United Kingdom. As one of the British Overseas Territories, the commissioner is appointed by the monarch of the United Kingd ...

. The Commissioner can make laws, known as ordinances, covering different aspects of life in the territory, including the judicial system, tax, the allocation of public funds, the environment and marriage. Concerning matters not covered by local legislation, the law in force 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 ...

shall be applied in the territory, in accordance with the ''Administration of Justice Ordinance 1990''.

Same-sex marriage law

In July 2016, Commissioner Peter Hayes published a draft of a new marriage ordinance to repeal the ''Marriage Ordinance 1990''. In a report explaining the reasons for the new ordinance, the Foreign and Commonwealth Office wrote that it "imports provisions from the law in England in relation to the capacity to marry and the requirements for consent. It is this provision, together with other reformed sections that would allow persons of the same sex to get married in the Territory." Same-sex marriage has been legal in England and Wales since 13 March 2014, following the enactment of the ''

Marriage (Same Sex Couples) Act 2013 The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales. Background Civil partnerships were introduced in the United Kingdom in 2004, allowin ...

'', which 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 Her Majesty Queen

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during ...

on 17 July 2013. The draft was under consultation between 2 August and 30 September 2016. The ordinance was proclaimed by Commissioner Hayes on 13 October 2016 and took effect forthwith. Along with reformed sections permitting same-sex couples to marry, the changes make it easier for marriages to be arranged in the territory. Marriages are solemnised by marriage officers, who are appointed by the Commissioner, at "any place that the marriage officer considers suitable", either within the territory or on board a ship within territorial waters. If the intending spouses are British citizens, the marriage will be legally recognised in the UK. The first same-sex marriage in the territory took place on 24 April 2022 between Eric Bourne and Stephen Carpenter on board RRS ''Sir David Attenborough'' near the

Rothera Research Station The Rothera Research Station is a British Antarctic Survey (BAS) base on the Antarctic Peninsula, located at Rothera Point, Adelaide Island. Rothera also serves as the capital of the British Antarctic Territory, a British Overseas Territ ...

on Adelaide Island.

References

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

2016 in LGBT history British Antarctic Territory

Background

Same-sex marriage law

See also

References