Rights of LGBT people in the Pitcairn Islands
Lesbian, gay, bisexual, and transgender (
LGBT
) people in the
British Overseas Territory
of the
Pitcairn Islands
enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on
sexual orientation
is constitutionally outlawed and
same-sex marriage
has been legal since 14 May 2015.
Legality of same-sex sexual activity
[
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]
Same-sex sexual activity has been legal in the Pitcairn Islands since 2001.
[1]
Recognition of same-sex partnerships
[
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Same-sex marriage
became legal in the Pitcairn Islands on 14 May 2015; however, none of the c. 50
Pitcairn Islanders
currently residing in the territory is known to be in a
same-sex relationship
.
[2]
[3]
An ordinance to legalise such
marriages
was unanimously approved by the
Island Council
on 1 April 2015, and was signed by
Governor
Jonathan Sinclair
on 5 May. It was published on 13 May 2015.
[4]
[5]
[6]
The law, known as the
Same Sex Marriage and Civil Partnerships Ordinance 2015
, also provides for the recognition of a registered
civil partnership
performed outside of Pitcairn. The move to legalise same-sex marriage was widely published on international media. Deputy Governor Kevin Lynch said that the change had been suggested by British authorities. A local resident said the law "wasn't even a major point of discussion until the outside world began catching up on the news".
[7]
Discrimination protections
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The
Pitcairn Islands Constitution Order 2010
bans discrimination on the basis of
sexual orientation
, among other categories,
[8]
reading:
- [T]he expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, age, disability, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
The term "
gender identity
" is mentioned only twice in Pitcairn law. Firstly, the
Marriage Ordinance
states that "'marriage' means the union of two people regardless of their sex, sexual orientation or gender identity".
[9]
Secondly, the
Sentencing Ordinance
requires courts to take into account certain individual factors when dealing with an offender, including if the offence was committed on the basis of the victim's gender identity. Sexual orientation is also mentioned.
[10]
Adoption and parenting
[
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]
The 2015 same-sex marriage legislation includes a provision stating that same-sex couples may be parents to a child.
[2]
The
Adoption of Infants Ordinance
states that married couples, unmarried couples and single people may jointly apply to adopt children.
[11]
According to a 2006 UK government report, there have been 9 adoptions in the Pitcairn Islands since 1954, the latest being in 1979.
[12]
Military service
[
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]
LGBT individuals may legally serve in the
British Armed Forces
, as defence is the responsibility of the United Kingdom.
[13]
Summary table
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]
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)
|
Recognition of same-sex unions (e.g. civil union)
|
(Since 2015)
|
Same-sex marriage
|
(Since 2015)
|
Stepchild adoption by same-sex couples
|
(Since 2015)
|
Joint adoption by same-sex couples
|
(Since 2015)
|
LGBT people allowed to serve openly in the military
|
(Since 2000; UK responsible for defence)
|
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
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References
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Sovereign states
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Associated states
of New Zealand
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Dependencies
and other territories
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Sovereign states
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Associated states
of New Zealand
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Dependencies
and other territories
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LGBT unions and rights in the territories of the United Kingdom
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Same-sex
marriage
| United Kingdom
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Crown Dependencies
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British Overseas
Territories
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Same-sex
unions
| United Kingdom
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Crown Dependencies
| |
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British Overseas
Territories
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LGBT rights
| United Kingdom
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Crown Dependencies
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British Overseas
Territories
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