Same-sex marriage in the British Indian Ocean Territory

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  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Same-sex marriage has been legal in the British Indian Ocean Territory since 3 June 2014. An Order in Council to legalise same-sex marriages was enacted by the Privy Council of the United Kingdom on 28 April 2014, and took effect on 3 June.[1] The British Indian Ocean Territory, despite having no permanent population, was among the first British Overseas Territories to legalise same-sex marriage.

Background

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

In 1965, the United Kingdom split the Chagos Archipelago from Mauritius to form the British Indian Ocean Territory. The islands had previously been governed as a dependency of British Mauritius from 1810. Between 1968 and 1973, British authorities forcibly removed the local Chagossian population from Diego Garcia, Peros Banhos and the Salomon Islands.[2] In 1971, the UK signed a treaty with the United States, leasing the island of Diego Garcia to the U.S. Armed Forces for the purposes of building a large air and naval base on the island.[3]

The laws of the territory are based on the British Indian Ocean Territory (Constitution) Order 2004, which gives the Commissioner for the British Indian Ocean Territory the authority to make laws in the territory. The Government of the United Kingdom may also enact laws that are directly applicable to the territory. Concerning matters not covered by local legislation or directly applied UK legislation, then, in accordance with the Courts Ordinance 1983, the law in force in England and Wales shall be in force in the British Indian Ocean Territory.[4] In common law, a marriage between persons of the same sex was void ab initio.[5] In 1866, in Hyde v Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began: "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others."[6] Explicit bans on same-sex marriages were enacted in England and Wales in the Nullity of Marriage Act 1971,[7] and later the Matrimonial Causes Act 1973.[8] Similar laws were passed in Scotland and Northern Ireland. These bans, since repealed, did not apply to the British Indian Ocean Territory.

All residents of the British Indian Ocean Territory are either members of the British or American armed forces or associated contractors assigned to the Naval Support Facility Diego Garcia. American soldiers are permitted to marry; however, United States Navy regulations prohibit any married couple from being stationed together on Diego Garcia, whether in a military or civilian capacity. Therefore, one member of the couple would be immediately reassigned.[9]

Same-sex marriage law

On 17 July 2013, Her Majesty Queen Elizabeth II granted royal assent to the Marriage (Same Sex Couples) Act 2013 which legalised same-sex marriage in England and Wales.[10] Sections of the Act permitting same-sex marriages to be solemnised went into effect on 13 March 2014, with the first same-sex marriage ceremonies in England occurring on 29 March 2014.[11]

On 28 April 2014, the Privy Council of the United Kingdom enacted the Overseas Marriage (Armed Forces) Order 2014, which took effect on 3 June 2014. The order permits same-sex marriages to be conducted at all British Army bases, including the base in Diego Garcia. The intending spouses must provide an advance notice of marriage to their commanding officer, who will then issue a certificate permitting the marriage to be solemnised if the parties meet all the requirements to marry. One of the parties must be a member of the British Armed Forces, or be a person who performs "administrative, executive, judicial, clerical, typing, duplicating, machine operating, paper keeping, managerial, professional, scientific, experimental, technical, industrial or labouring functions" for the Armed Forces,[1] serving in the territory. The marriage of a same-sex couple may also be solemnised according to the rites of a religious denomination, with the exception of the Church of England and the Church in Wales.[1][12]

In February 2020, MP Christopher Pincher, answering as Parliamentary Private Secretary for the Foreign Secretary, confirmed that the "laws in the uninhabited territories of the British Indian Ocean Territory, [...] allow for same-sex marriage."[13]

See also

References

  1. ^ a b c "Overseas Marriage (Armed Forces) Order 2014" (PDF). Legislation.gov.uk. 28 April 2014.
  2. ^ Twyman-Ghoshal, Anamika (24 February 2022). "How the US and UK worked together to recolonise the Chagos Islands and evict Chagossians". The Conservation.
  3. ^ "History of the British Indian Ocean Territory". biot.gov.io. Retrieved 9 September 2022.
  4. ^ "Governance of the British Indian Ocean Territory". biot.gov.io. Retrieved 9 September 2022.
  5. ^ Mendelson, Sara H. (January 2008). "Hunt, Arabella (1662–1705)". Oxford Dictionary of National Biography. Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/14190. Retrieved 14 March 2012. (Subscription or UK public library membership required.)
  6. ^ "Hyde v. Hyde and Woodmansee [L.R.] 1 P. & D. 130". United Settlement. Archived from the original on 29 March 2016. Retrieved 29 March 2016.
  7. ^ Cretney, Stephen (2003). Family law in the twentieth century: a history. Oxford University Press. pp. 70–71. ISBN 0-19-826899-8.
  8. ^ "Matrimonial Causes Act 1973". Legislation.gov.uk. Section 11(c). Archived from the original on 7 January 2016. Retrieved 4 March 2012.
  9. ^ "MILPERSMAN 1300-314" (PDF). public.navy.mil. 3 August 2014.
  10. ^ "Marriage (Same Sex Couples) Bill receives Royal Assent". Gov.uk. Retrieved 9 September 2022.
  11. ^ "First Same Sex weddings to happen from 29 March 2014". Government of the United Kingdom. Archived from the original on 4 March 2016. Retrieved 16 January 2014.
  12. ^ "Marriage (Same Sex Couples) Act 2013, Schedule 6, Part 3, Marriage of forces personnel under UK law". www.legislation.gov.uk.
  13. ^ "British Overseas Territories: Civil Partnerships, Question for Foreign and Commonwealth Office". UK Parliament. 10 February 2020.
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