LGBT rights in the British Virgin Islands

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LGBT rights in the British Virgin Islands
British Virgin Islands
Same-sex sexual activity legal?	Legal since 2000
Gender identity/expression	-
Recognition of relationships	No recognition of same-sex couples
Adoption	-
Military service	-
Discrimination protections	-

LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries.

Laws against homosexuality

Although anal sex is technically a criminal offence under British Virgin Islands law as the crime of buggery under the British Virgin Islands Criminal Code, buggery between two consenting adult males in private has been expressly legalised (controversially) by an order-in-council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000.^[1] The order was brought into force with retrospective effect.^[2] Anal sex between adult males where there are more than two people present, or in public, remains the criminal offence of buggery and may also amount to an offence of gross indecency and other minor sexual offences. Other homosexual acts have not been expressly legalised, although it is not clear that they ever amounted to a criminal offence in any event.

Recognition of same-sex relationships

Conversely, same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious and highly homophobic society,^{[citation needed]} and any prospects of legalisation appear remote.^{[citation needed]} The most recent draft of the new constitution of the Territory (approved unanimously in a non-binding vote in May 2007) affirmed the Territory as a nation that believes in God. Although the draft constitution also prohibits discrimination against people on the basis of sexual orientation, it is unlikely that this would be interpreted as a basis for judicial legalisation of same-sex marriage.

See also

LGBT portal

British Virgin Islands portal

• Politics of the British Virgin Islands
• LGBT rights in the Americas

Footnotes

v • d • e LGBT rights in North America Sovereign states Antigua and Barbuda · Bahamas · Barbados · Belize · Canada · Costa Rica · Cuba · Dominica · Dominican Republic · El Salvador · Grenada · Guatemala · Haiti · Honduras · Jamaica · Mexico · Nicaragua · Panama1 · Saint Kitts and Nevis · Saint Lucia · Saint Vincent and the Grenadines · Trinidad and Tobago1 · United States Dependencies and other territories Anguilla · Aruba1 · Bermuda · British Virgin Islands · Cayman Islands · Greenland · Guadeloupe · Martinique · Montserrat · Netherlands Antilles1 · Puerto Rico · Saint Barthélemy · Saint Martin · Saint Pierre and Miquelon · Turks and Caicos Islands · United States Virgin Islands 1 Territories also in or commonly considered to be part of South America.

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