Lesbian, gay, bisexual and transgender (LGBT) rights in the British Overseas Territory of

Saint Helena, Ascension and Tristan da Cunha Saint Helena, Ascension and Tristan da Cunha is a British Overseas Territory located in the South Atlantic and consisting of the island of Saint Helena, Ascension Island and the archipelago of Tristan da Cunha including Gough Island. Its name wa ...

have gradually evolved over the years. 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 ...

is banned in the entire territory through the ''Constitution Order 2009'' and

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 ...

has been legal on the islands since 2017.The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
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Legality of same-sex sexual activity

Homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to pe ...

is legal in

Recognition of same-sex relationships

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 ...

has been legal on Ascension Island since 1 January 2017, on

Tristan da Cunha Tristan da Cunha (), colloquially Tristan, is a remote group of volcanic islands in the South Atlantic Ocean. It is the most remote inhabited archipelago in the world, lying approximately from Cape Town in South Africa, from Saint Helena a ...

since 4 August 2017, and since 20 December 2017 on Saint Helena.

Ascension Island

An ordinance allowing same-sex marriage was approved by the

Ascension Island Council The Ascension Island Council is an elected body that provides advice to the Administrator of Ascension Island on matters relating to the governance of Ascension Island. The Council is made up of either five or seven Councillors, depending on the ...

on 31 May 2016, in a 5–0 vote. It was signed by the Governor and published in the official gazette on 20 June. On 23 December 2016, the Governor issued an order to commence the law on 1 January 2017.

Tristan da Cunha

On 23 February 2017, after consultation with the

Governor of Saint Helena The Governor of Saint Helena is the representative of the British monarch in the United Kingdom's overseas territory of Saint Helena, Ascension and Tristan da Cunha. The Governor is appointed by the monarch on the official advice of His Majesty ...

, the

Tristan da Cunha Island Council The Tristan da Cunha Island Council is the legislature of the island of Tristan da Cunha in the Atlantic Ocean. The composition of the Island Council consists of the Administrator of Tristan da Cunha as the presiding officer, plus three appointed ...

agreed that a law to legalise same-sex marriage would go forward formally for adoption. On 4 August, the ''Marriages (Tristan da Cunha) Ordinance, 2017'', extending the application of the ''Marriage (Ascension) Ordinance, 2016'' to

, was signed by the Governor and published in the official gazette. It took effect upon publication.

Saint Helena

On 27 April 2016, the Saint Helena Executive Council announced a public consultation on a draft of a new marriage ordinance, which, if approved, would allow same-sex couples to marry. The consultation lasted until 25 May, and revealed a majority of respondents in favour of same-sex marriage. On 15 November 2016, the Executive Council decided to allow a same-sex marriage bill to proceed to the Legislative Council, after the draft bill underwent a number of technical issues addressed by the Attorney General. On 12 December 2016, after a lengthy debate, the Legislative Council passed an amendment removing the provisions allowing same-sex marriage from the bill, which led to the entire bill being withdrawn. In January 2017, a same-sex couple applied to marry in Saint Helena. The registrar was in the process of obtaining legal advice as to how to proceed (the existing ''Marriage Ordinance 1851'' being unclear on same-sex marriage) when two members of the public filed caveats (objections) to the marriage notice. Subsequently, the registrar referred the issue to the Chief Justice of the

Saint Helena Supreme Court The Supreme Court of St Helena together with the St Helena Court of Appeal are the Senior Courts of the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha. The Supreme Court of St Helena was first established in 1839 ...

for a decision. A preliminary hearing took place in the court on 23 February 2017. The parties in the case were given until July 2017 to submit their arguments. At the Legislative Council meeting on 22 September 2017, members agreed to notify the Council as to their opinions on the subject at a later meeting. This would allow another same-sex marriage ordinance to be debated before the end of the year, and avoid a full Supreme Court hearing on the issue, which was expected in January 2018. On 6 October 2017, the Legislative Council decided to conduct a series of public consultations on the bill throughout the month. On 4 December, the Social & Community Development Committee, which conducted the consultations, recommended the Executive Council to approve the draft ordinance with one minor technical amendment, which the Executive Council did the following day. On 19 December, after a failed attempt to remove the same-sex marriage portion of the legislation, the ordinance was approved by the Legislative Council by a 9–2 vote. It was subsequently signed by the

, becoming the ''Marriage Ordinance 2017'', and took effect upon publication on 20 December 2017. The first same-sex marriage in Saint Helena took place on 31 December 2018.

Discrimination protections

The ''St Helena, Ascension and Tristan da Cunha Constitution Order 2009'' bans discrimination based on sexual orientation. Article 21 reads: :'' e 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, age, disability, birth or other status.'' The Equality and Human Rights Commission is charged with monitoring human rights laws in Saint Helena, promoting "understanding of the importance of equality" and working towards the elimination of unlawful discrimination. The Commission may also conduct inquiries and investigations on persons suspected of having committed an unlawful act. This includes whether a person has unlawfully discriminated on the basis of sexual orientation or "gender reassignment". Under the ''Commission for Equality and Human Rights Ordinance 2015'', sexual orientation is defined as "a person's sexual orientation towards— (a) persons of the same sex; (b) persons of the opposite sex; or (c) persons of either sex". Gender reassignment is defined as "an intended, current or past process (or part of such a process) for the purpose of reassigning a person's sex by changing physiological or other attributes of sex or the state of mind whereby a person psychologically identifies with a gender inconsistent or not culturally associated with their assigned sex at birth".

Adoption and parenting

Under the ''Saint Helena Welfare of Children Ordinance 2010'' (which applies to Saint Helena and Tristan da Cunha) and the ''Ascension Island Child Welfare Ordinance 2011'' (which applies to Ascension Island), only married couples may adopt. Same-sex couples may marry in the territory, therefore they also have the right to adopt. Local agencies, in the case of an adoption, follow the letter of the law with the best interest and the views of the child. According to a 2006 UK Government report, there have been no adoptions in Saint Helena or Ascension Island for many years.UNITED KINGDOM OVERSEAS TERRITORIES AND CROWN DEPENDENCIES, "This report sets out the progress made in the UK’s Overseas Territories and Crown Dependencies in implementing the Convention on the Rights of the Child since 1999, ''OHCHR''

Summary table

References

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

LGBT rights Rights affecting lesbian, gay, bisexual, and transgender ( LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, ...