LGBT rights in Bermuda
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Lesbian, gay, bisexual, and transgender ' 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 is an ...
(LGBT) persons in
Bermuda ) , anthem = "God Save the King" , song_type = National song , song = " Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , e ...
, a
British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom. They are the last remna ...
, face legal challenges not experienced by non-LGBT persons. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being
homophobic Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred or antipathy, m ...
and intolerant. Since 2013, the ''Human Rights Act'' has prohibited discrimination on the basis of
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 ...
. Bermuda has been in the international spotlight in recent times over the legalisation of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. Such marriages were first legalised by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in May 2017. However, the Government subsequently passed a law banning same-sex marriage and replacing it with domestic partnerships. This law was then struck down in June 2018 by the Supreme Court and again in November 2018 by the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
, and since the latter ruling same-sex couples have been free to marry in the territory. On 14 March 2022, however, the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
ruled against the Court of Appeal, banning same-sex marriage once again.


Law regarding homosexual activity

Prior to 1994,
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 per ...
(for both homosexuals and heterosexuals) were illegal and punishable by up to ten years' imprisonment. Lesbian activity has never been illegal in Bermuda. Following the passing of the ''Stubbs Bill'' in 1994, consensual sexual conduct in private was legalised in Bermuda, but with a higher
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct. This age of consent discrepancy was in clear violation of 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 t ...
. On 1 November 2019, a law took effect, amending the Criminal Code establishing a universal age of consent for consensual anal intercourse at 18 years. As of 2022, age of consent is still not equal, being at 16 for all persons and 18 for persons engaging in consensual anal intercourse. A provision in the Criminal Code regarding gross indecency between men was repealed in 2019.


Recognition of same-sex relationships

Same-sex marriage is not legally available in Bermuda since 2022. In November 2015, the Supreme Court of Bermuda ruled to allow binational same-sex partners equal rights in employment and benefits as all other spouses in Bermuda. In response, politicians decided to hold a non-binding referendum on same-sex marriage, which was held in on 23 June 2016.Bermuda same-sex marriage referendum set for June 23
Jamaica Observer, 12 May 2016
Referendum (Same Sex Relationships) Act 2016
Bermuda Laws Online
Referendum (Same Sex Relationships) Notice 2016
Bermuda Laws Online
Voters were asked two questions; whether they were in favour of same-sex marriages and whether they are in favour of same-sex
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. Both proposals were rejected by 60–70% of voters, though the referendum was invalid as less than 50% of eligible voters turned out. In early 2017, the Supreme Court deliberated on a case brought by a male same-sex couple (Winston Godwin and Greg DeRoche), who had their application for a marriage license denied in July 2016. In May 2017, Justice Charles-Etta Simmons made the historic ruling that the couple had been discriminated against and that the ''Marriage Act 1944'' was inconsistent with the provisions of section 2 (2) (a) (ii) as read with section 5 of the ''Bermuda Human Rights Act'', as they constituted deliberate different treatment on the basis of sexual orientation. The ruling had the effect of making same-sex marriage legal in Bermuda. Following general elections in mid-2017, the new PLP Government passed a law replacing same-sex marriage with domestic partnerships in December 2017. The British Crown did not challenge the change, and the
Governor of Bermuda The Governor of Bermuda (fully the ''Governor and Commander-in-Chief of the Somers Isles (alias the Islands of Bermuda)'') is the representative of the British monarch in the British overseas territory of Bermuda. For the purposes of this a ...
gave
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 other ...
to the law on 7 February 2018. The law went into effect on 1 June 2018, and Bermuda became the first territory in the world to effectively reverse marriage rights for same-sex couples by legislation. A number of international politicians and gay rights organisations criticised the change and argued that the move would damage the island's tourist industry. By April 2018, two challenges against the law were filed with the Supreme Court. The court heard the matter in May 2018 and issued a ruling on 6 June 2018. The court revoked the parts of the law that prevented same-sex couples from marrying, though also agreed to
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
the ruling to allow the Government to appeal to the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. The Court of Appeal upheld the Supreme Court's ruling on 23 November 2018, thereby allowing same-sex marriages to resume once more in Bermuda. On 14 March 2022 the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
ruled for the Attorney General, who was appealing the Court of Appeal’s ruling, banning same-sex marriage once again. In July 2022, laws were passed within Bermuda to retrospectively backdate same-sex marriage legality formally prior to March 2022.


Adoption and parenting

In February 2015, Judge Hellman J of the Supreme Court of Bermuda handed down a ruling, finding that direct discrimination had been found on the grounds of marital status and indirect discrimination had been found on the grounds of sexual orientation, when a same-sex couple had been denied the ability to apply for an adoption in Bermuda. As a result, the ''Adoption of Children Act'' applies equally to married and non-married couples (and consequently, same-sex couples). Same-sex couples are thus allowed to adopt.


Discrimination protections

In 2013, the
Parliament of Bermuda The Parliament of Bermuda is the bicameral legislature in the British Overseas Territory of Bermuda. The two houses are: * The House of Assembly which has 36 members, elected for a five-year term in single seat constituencies. * The Senate which ...
approved legislation that prohibits discrimination on the basis of sexual orientation. Prior to this legislation, Bermuda's
Human Rights Commission A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
had repeatedly recommended that the
Government of Bermuda Bermuda is the oldest British Overseas Territory, and the oldest self-governing British Overseas Territory, and has a great degree of internal autonomy through authority and roles of governance delegated to it by the national Government (the Bri ...
change discrimination laws to include sexual orientation. In late 2004, it promised to amend the ''Human Rights Act 1981'' to cover sexual orientation, but by late 2005 the matter appeared to have been quietly dropped, until the following year. In 2006, an amendment to the Act was proposed in the
House of Assembly House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level. Historically, in British Crown colonies as the colony gained more internal responsible governme ...
, but the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
refused to even discuss the issue. In December 2006, an
activist Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived greater good. Forms of activism range fro ...
group called "Two Words and a Comma" was formed to pressure the Government of Bermuda into amending the act. Following his sudden resignation from
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended bill in autumn 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to do so. Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans. In November of that year, following a mention in the annual
speech from the throne A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining th ...
that the ''Human Rights Act'' was to be amended, a rumour circulated that this would include protection for gays. Premier
Ewart Brown Ewart Frederick Brown Jr. (born 1946) is a politician and physician who served as the ninth Premier of Bermuda and leader of the country's Progressive Labour Party (PLP) from 2006 to 2010. He represented Warwick South Central as a Member of P ...
's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation. It wasn't until 2013 that the ''Human Rights Act'' was amended to include sexual orientation. Bermudians had tried to appeal to the
British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
regarding LGBT discrimination, prompting the Foreign Affairs Committee to recommend that the British Government should take steps to extend human rights in the
British Overseas Territories The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom. They are the last remna ...
(BOT), for which 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 ...
is ultimately responsible. Bermuda's human rights in general do not have a favourable reputation. In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the
Commonwealth Foundation The Commonwealth Foundation (CF) is an intergovernmental organisation that was established by the Commonwealth Heads of Government in 1966, a year after its sister organisation, the Commonwealth Secretariat. The Foundation is located at Marlb ...
.


Gender identity and expression

There is no legal recognition of transgender people, and thus, by omission, no protection from discrimination. The ability of persons to express their gender identity is often difficult; for example, in 2006, the Government attempted to ban Mark Anderson, also known as the
drag queen A drag queen is a person, usually male, who uses drag clothing and makeup to imitate and often exaggerate female gender signifiers and gender roles for entertainment purposes. Historically, drag queens have usually been gay men, and part o ...
"Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local
mores Mores (, sometimes ; , plural form of singular , meaning "manner, custom, usage, or habit") are social norms that are widely observed within a particular society or culture. Mores determine what is considered morally acceptable or unacceptable ...
and sensitivities. In mid-2009, it was announced that gay Bermudians would be participating in
Pride in London Pride in London is an annual LGBT pride festival and parade held each summer in London, England. The event, which was formerly run by Pride London, is sometimes referred to as London Pride. Pride in London celebrates the diversity of the LGBTQ ...
, with an estimated 30 LGBT London residents from Bermuda marching, and that it hoped to follow in Anderson's footsteps and participate in a future Bermuda Day pride parade. Gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families.


Military service

The
Bermuda Regiment The Royal Bermuda Regiment (RBR), formerly the Bermuda Regiment, is the home defence unit of the British Overseas Territory of Bermuda. It is a single territorial infantry battalion that was formed on the amalgamation in 1965 of two originally ...
does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
. Officially, members of the Regiment are prohibited from discriminating against or harassing LGBT soldiers. Such activities, however, have been reported as being tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".


Blood donation

Gay and bisexual men may
donate blood A blood donation occurs when a person voluntarily has blood drawn and used for blood transfusion, transfusions and/or made into biopharmaceutical medications by a process called Blood fractionation, fractionation (separation of whole blood com ...
with the Bermuda Hospitals Board if they haven't had sex with another man in the past 12 months. Likewise, women who have sexual relations with
men who have sex with men Men who have sex with men (MSM) are male persons who engage in sexual activity with members of the same sex. The term was created in the 1990s by epidemiology, epidemiologists to study the spread of disease among all men who have sex with men, r ...
are deferred for a period of 12 months.


Living conditions

Bermuda is a socially conservative society, though the younger generation is considered to be increasingly
culturally liberal Cultural liberalism is a social philosophy which expresses the social dimension of liberalism and advocates the freedom of individuals to choose whether to conform to cultural norms. In the words of Henry David Thoreau, it is often expressed a ...
. Open displays of affection between same-sex partners may offend. Several gay Bermudians, who have since moved to the United Kingdom,
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
in particular, have reported a climate of intense homophobia in Bermuda, where LGBT people are routinely bullied and discriminated against. As of 2018, there are a number of gay-friendly venues in Bermuda, including restaurants, hotels and bars. The first gay pride parade in Bermuda was held in the capital
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
on 31 August 2019. An estimated 6,000 people attended.


Tourism

Tourism is a significant aspect of Bermuda's economy. In 2007, LGBT
R Family Vacations R Family Vacations is a LGBT vacation entertainment company that provides luxury cruise ship trips with a focus on inclusive activities for children and services including same-sex marriage ceremonies. They are a subsidiary of Tzell Travel Group ...
, with the support of
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 ...
and Minister of Tourism and Transportation
Ewart Brown Ewart Frederick Brown Jr. (born 1946) is a politician and physician who served as the ninth Premier of Bermuda and leader of the country's Progressive Labour Party (PLP) from 2006 to 2010. He represented Warwick South Central as a Member of P ...
, considered making Bermuda one of its destinations. A close ally of Brown, Andre Curtis, who ran a controversial "Faith-Based Tourism" initiative for the Premier, opposed the visit, organising some eighty churches into an interfaith group called "United by Faith" to protest the planned trip, alongside the country's
African Methodist Episcopal The African Methodist Episcopal Church, usually called the AME Church or AME, is a predominantly African American Methodist denomination. It adheres to Wesleyan-Arminian theology and has a connexional polity. The African Methodist Episcopal ...
churches. R Family decided to change the itinerary to replace Bermuda with two stops in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
and a private island. One of the organisers stated: Ironically, Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips – albeit on a smaller and much quieter scale – to the country since 1990, without incident.
Carnival Cruise Line Carnival Cruise Line is an international cruise line with headquarters in Doral, Florida. The company is a subsidiary of Carnival Corporation & plc. Its logo is a funnel (ship), funnel shaped like a whale's tail, with a red, white, and blue colo ...
, which has many ships registered in Bermuda, has expressed support for same-sex marriage and LGBT rights.


DVD gay porn court case

In November 2020, it was reported and discovered that the
government of Bermuda Bermuda is the oldest British Overseas Territory, and the oldest self-governing British Overseas Territory, and has a great degree of internal autonomy through authority and roles of governance delegated to it by the national Government (the Bri ...
spent approximately £150,000 to legally
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
an unconstitutional court case of an individual man who was charged and threatened with jail under the archaic "obscene behaviour law" for importing DVDs of gay porn into Bermuda.


Marriage polls in Bermuda

In September 2020, a
Bermuda ) , anthem = "God Save the King" , song_type = National song , song = " Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , e ...
poll was conducted with 53% of individuals supporting same-sex marriage. This is the first time a poll showed a majority in support of same-sex marriage within Bermuda.


Summary table


See also

*
LGBT rights in the United Kingdom The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have varied over time. Prior to the formal introduction of Christianity in Britain in 597 AD, when Augustine of Ca ...
*
LGBT rights in the Commonwealth of Nations The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expressio ...
*
LGBT rights in the Americas Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in the Americas, and acceptance of LGBT persons varies widely. Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, ...


References


Further reading

*


External links


Two Words and a Comma
— political advocacy group for protection from discrimination on the grounds of sexual orientation
Rainbow Alliance of Bermuda
- A space for allies and supporters of the LGBTQ community of Bermuda {{Bermuda topics