Same-sex marriage in the Falkland Islands has been legal since 29 April 2017. A law to permit same-sex couples to marry passed the Legislative Assembly on 30 March, and was given

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 Colin Roberts on 13 April. The territory also recognises

civil partnerships 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 ...

, open to both same-sex and different-sex couples. The

Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouze ...

was the seventh

British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Br ...

to legalise

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 ...

, and the third civilian one to do so, after the

Pitcairn Islands The Pitcairn Islands (; Pitkern: '), officially the Pitcairn, Henderson, Ducie and Oeno Islands, is a group of four volcanic islands in the southern Pacific Ocean that form the sole British Overseas Territory in the Pacific Ocean. The four is ...

and

Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...

Background

First claimed by the

Kingdom of Great Britain The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...

in 1765, the Falkland Islands was periodically garrisoned by British,

French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...

and

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forces until 1811 when all the garrisons were withdrawn. In 1833, the British reasserted its sovereignty over the Falklands, and a civilian population was invited to stay on the islands. The ''Marriage Ordinance 1949'', applying to both the Falkland Islands 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 Oc ...

, was enacted on 31 December 1949. The ordinance provided for the issuance of

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 jurisdiction ...

s and empowered the Governor of the Falkland Islands to appoint registrars to conduct the marriage ceremony. The ordinance did not explicitly ban

, nor did it define the term "

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 ...

". Nonetheless, a marriage between persons of the same sex was considered void ''ab initio'' 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 omniprese ...

, and as such same-sex couples could not marry on the islands. The ordinance was repealed in 1996 and replaced with the ''Marriage Ordinance 1996'', which did not contain any changes with regards to the recognition of same-sex unions.

Same-sex marriage law

On 13 May 2015, the Attorney General of the Falkland Islands, Mark Lewis, recommended that the Executive Council consider the legalisation of same-sex marriage or

in the territory. On 13 January 2016, following a

public consultation Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...

, the Council instructed the Attorney General to prepare an amendment to the island's marriage ordinance to permit same-sex marriages. 90% of the participants to the consultation supported same-sex marriage, and 94% were in favour of civil partnerships for all couples. The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council instructed Lewis to publish it in the official

gazette A gazette is an official journal, a newspaper of record, or simply a newspaper. In English and French speaking countries, newspaper publishers have applied the name ''Gazette'' since the 17th century; today, numerous weekly and daily newspaper ...

, thereby commencing the legislative process as a

first reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...

, as well as to prepare further legislation necessary to its implementation. On 30 March 2017, the Legislative Assembly approved the same-sex marriage bill by a 7 to 1 vote. The law, supported by MLAs

Jan Cheek Janet Lynda Cheek (née Biggs; born 1948) is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Stanley constituency from 2009 to 2017. Cheek won re-election in 2013 but stepped down from the assembly at t ...

, Roger Edwards, Barry Elsby, Ian Hansen, Michael Poole, Phyl Rendell, and Gavin Short, but opposed by MLA

Mike Summers Michael Victor Summers (born 1952) is a Falkland Islands politician who served as a Member of the Legislative Assembly for the Stanley constituency from 2011 to 2017. He was previously a Member of the Legislative Council from 1996–2009. ...

, allows same-sex couples to marry and access civil partnerships. It received

by Governor Colin Roberts on 13 April, and went into effect on 29 April 2017. A community event to celebrate the legalisation of same-sex marriage took place in Stanley that same day. Sections 3A(1) and Section 3B of the marriage ordinance state: The ''Interpretation and General Clauses Ordinance'' was amended to state that '"marriage" includes a same sex marriage solemnised or recognised under the Marriage Ordinance 1996', and state that all references to "husband", "wife", "husband and wife", and "widow and widower" in all other ordinances are to be read as including same-sex couples. In law, a civil partnership is defined as "a relationship between a man and a woman or two people of the same sex ("civil partners") which is formed when they register as civil partners of each other". Civil partnerships performed abroad, such as in 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 ...

, are recognised in the Falkland Islands. The first same-sex marriage was performed at Christina Bay near

Cape Pembroke Cape Pembroke ( es, Cabo San Felipe) is the easternmost point of the Falkland Islands, and is on East Falkland. There is an automated lighthouse here. Lighthouse An automated lighthouse on Cape Pembroke was built in 1855, and rebuilt in 1906 ...

on 20 November 2017.

References

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

2017 in LGBT history LGBT rights in the Falkland Islands

Background

Same-sex marriage law

See also

References