Same-sex marriage in Guernsey

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The legal status of same-sex unions differs within the Bailiwick of Guernsey, a Crown dependency of the United Kingdom. Same-sex marriage became legal in the jurisdiction of Guernsey on 2 May 2017, and in Alderney on 14 June 2018. Sark does not recognise same-sex unions.

Recognition of abroad civil partnership and same-sex marriage

Laws regarding same-sex partnerships in Europe
  Marriage¹
  Foreign marriages recognized¹
  Other type of partnership¹
  Unregistered cohabitation¹
  Unrecognized
  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.

In Guernsey, civil partnerships performed in the United Kingdom and other relationships treated as such by UK law have been recognised for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012, after approval of a bill allowing such recognition by the States of Guernsey on 29 June 2011. It received royal assent in the Privy Council on 16 November and was registered in the records of the island on 5 December 2011.[1][2]

On 10 December 2015, the States approved an ordinance to recognise same-sex marriages and civil partnerships performed abroad for the purposes of the Income Tax (Guernsey) Law, 1975. It took effect on 1 January 2017.[3][4][5][6][7] On the same day, the States directed the preparation of legislation to amend the Inheritance (Guernsey) Law, 2011 to recognise foreign same-sex marriages for its purposes.[5][8] A bill to this effect was submitted on 22 January 2016, and was approved by the States on 2 March.[9][10][11] It received royal assent in the Privy Council on 4 May and took effect upon registration in the records of the island on 16 May 2016.[12]

On 17 June 2015, the States of Alderney unanimously approved the Inheritance (Alderney) Law, 2015, which include provisions to recognise same-sex marriages and civil partnerships performed abroad for its purposes.[13][14] It received royal assent in the Privy Council on 8 October, was registered in the records of the island on 9 November 2015, and took effect on 1 January 2016.[15][16][17]

Same-sex marriage

Guernsey

In January 2014, it was announced that within the next twelve months deputies would debate whether to accept a state-recognised civil union proposal.[18] The proposed law, titled Union Civile, was said to be "the most forward-looking marriage law" in the world. The measure would have ended state-sanctioned marriages of any couple and instead replaced it with Union Civile.[19] A consultation on the proposed Union Civile law began on 1 June 2015 and lasted until 13 July 2015.[20][21][22][23] The proposed law would not apply to the entire Bailiwick, but just to the islands of Guernsey, Herm, Jethou and Lihou.[24] On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed, with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.[25]

On 30 October 2015, the Policy Council of Guernsey dropped the Union Civile plans and released a report asking the States to agree on introducing a same-sex marriage law and to direct the preparation of legislation to implement it at its meeting on 9 December 2015.[26][27] The States approved the proposal on 10 December 2015, in a 37–7 vote. Amendments to introduce civil partnerships or Union Civile rather than same-sex marriage were rejected.[28][29][30][31]

10 December 2015 vote in the States of Guernsey[31]
Voted forVoted againstAbsent (Did Not Vote)
a. Both deputies are appointed by the States of Alderney.

In February 2016, a working group, which consisted of Chief Minister Jonathan Le Tocq and deputies Elis Bebb and Chris Green, was established in order to prepare a draft bill.[32][33] A same-sex marriage bill was approved by the States, in a 33-5 vote, on 21 September.[34][35][36][37]

21 September 2016 vote in the States of Guernsey[38]
Voted forVoted againstAbsent (Did Not Vote)
a. Both deputies are appointed by the States of Alderney.

The Same-Sex Marriage (Guernsey) Law, 2016 received royal assent in the Privy Council on 14 December 2016.[39] It was registered in the records of the island on 16 January 2017.[40] On 21 February 2017, the Government announced that the law would take effect on 2 May, if the ordinances to commence it and make the necessary changes to other laws are approved by the States at its meeting on 26 April.[41][42][43][44][45] On 26 April, the States approved both ordinances, and the law took effect on 2 May 2017.[46][47][48][49][50] It applies to the jurisdiction of Guernsey, but not to Alderney and Sark.[40]

Alderney

Alderney, one of the three constituent Channel Islands which form the Bailiwick of Guernsey, has full autonomy in most legal matters (except foreign affairs and other powers that have been transferred to the States of Guernsey), through the States of Alderney. Same-sex marriage is legal in Alderney.

On 21 February 2017, the States of Alderney's Policy and Finance Committee (PFC) approved the Chief Executive's proposal to draft a bill to legislate to allow same-sex marriage on Alderney.[51]

LGBT rights advocacy group Liberate estimated the entire process of legalisation could take 12 months.[52] On 16 May, the PFC agreed to bring forward the proposed Same Sex Marriage (Alderney) Law, 2017 to a meeting of the full States, on a date to be determined later.[53] On 18 July 2017, the PFC noted the draft law was at an advanced stage, but that consequential amendments to other legislation was required before the bill could be presented to the States of Alderney.[54] On 12 September 2017, the PFC unanimously approved the bill.[55][56][57] The bill was approved by the States of Alderney on 18 October 2017, by a vote of 9 to 0 with one abstention.[58][59][60] The bill received royal assent in the Privy Council on 13 December 2017 and was registered in the records of the island on 15 January 2018.[61][62][63] On 13 June, the States approved the ordinances to commence the law and make necessary changes to other laws, all of which came into effect on 14 June 2018.[64][65][66][67] The first same-sex marriage was performed on 16 June 2018 in Platte Saline.[68][69]

Sark

Sark is a constituent Channel Island which forms part of the Bailiwick of Guernsey. It has legislative autonomy and legislation passed by the States of Guernsey do not apply to Sark without approval of the Legislature of Sark, known as the Chief Pleas, as a result same-sex marriages are not performed on Sark.[70]

See also

References

  1. ↑ "The Inheritance (Guernsey) Law, 2011". Guernsey Legal Resources. Archived from the original on 19 September 2016. Retrieved 26 September 2016.
  2. ↑ "The Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012". Guernsey Legal Resources. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  3. ↑ "2015 Billet d'État XXIII: The Income Tax (Guernsey) (Amendment) Ordinance, 2015". States of Guernsey. p. 3477. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  4. ↑ "BILLET D'ÉTAT No. XXIII, 2015 9th DECEMBER 2015". States of Guernsey. pp. 9–12. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  5. 1 2 "Resolutions, Billet XXIII, 8th & 10th December 2015". States of Guernsey. Archived from the original on 7 March 2016. Retrieved 26 September 2016.
  6. ↑ "The Income Tax (Guernsey) (Amendment) Ordinance, 2015 - Amendment". States of Guernsey. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  7. ↑ "The Income Tax (Guernsey) (Amendment) Ordinance, 2015". Guernsey Legal Resources. Archived from the original on 22 December 2015. Retrieved 26 September 2016.
  8. ↑ "2015 Billet d'État XXIII: Policy Council – Same-Sex Marriage Inheritance Rights". States of Guernsey. pp. 3577–3580. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  9. ↑ "2016 March 2nd Billet VI - Projet de Loi entitled The Inheritance (Amendment) (Guernsey) Law, 2016". States of Guernsey. p. 1177. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  10. ↑ "2016 March 2nd Billet VI Legislation - The Inheritance (Amendment) (Guernsey) Law, 2016". States of Guernsey. pp. 150–151. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  11. ↑ "Resolutions, Billet VI, 2nd March 2016". States of Guernsey. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  12. ↑ "The Inheritance (Amendment) (Guernsey) Law, 2016". Guernsey Legal Resources. Archived from the original on 19 September 2016. Retrieved 26 September 2016.
  13. ↑ "The Inheritance (Alderney) Law, 2015". Guernsey Legal Resources. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  14. ↑ "Hansard Report from States Meeting on 17th June 2015". States of Alderney. Archived from the original on 6 February 2016. Retrieved 26 September 2016.
  15. ↑ "Orders in Council 8 October 2015" (PDF). Privy Council of the United Kingdom. p. 27. Archived from the original (PDF) on 27 August 2016. Retrieved 20 August 2016.
  16. ↑ "Legislation most recently registered or approved". Guernsey Legal Resources. Archived from the original on 14 January 2016. Retrieved 26 September 2016.
  17. ↑ "Inheritance (Alderney) Law, 2015 (Commencement) Ordinance, 2015". Guernsey Legal Resources. Archived from the original on 8 March 2016. Retrieved 26 September 2016.
  18. ↑ "Deputies to debate civil unions within the next year". Guernsey Press. 30 January 2014. Archived from the original on 16 March 2016. Retrieved 6 April 2014.
  19. ↑ "Guernsey marriage law most 'forward-looking' in the world". BBC News. 29 May 2014. Archived from the original on 3 December 2015. Retrieved 26 September 2016.
  20. ↑ "Guernsey States bids to axe 'marriage' for Union Civile". BBC News. 1 June 2015. Archived from the original on 28 August 2015. Retrieved 26 September 2016.
  21. ↑ "Union Civile Consultation". States of Guernsey. Archived from the original on 6 July 2015.
  22. ↑ "Union Civile proposal goes out to consultation". Guernsey Press. 1 June 2015. Archived from the original on 23 March 2016. Retrieved 26 September 2016.
  23. ↑ "Union Civile Consultation Launch". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  24. ↑ "Union Civile Consultation Frequently Asked Questions". States of Guernsey. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  25. ↑ "Consultation shows majority support same-sex marriage". Guernsey Press. 14 July 2015. Archived from the original on 15 September 2015. Retrieved 26 September 2016.
  26. ↑ "2015 Billet d'État XXIII: Policy Council – Same-sex Marriage". States of Guernsey. pp. 3483–3576. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  27. ↑ "Guernsey same-sex couples: Hundreds support legal recognition plans". BBC News. 30 October 2015. Archived from the original on 31 January 2016. Retrieved 26 September 2016.
  28. ↑ "Same-sex marriage gets Guernsey States approval". BBC News. 10 December 2015. Archived from the original on 22 July 2016. Retrieved 26 September 2016.
  29. ↑ "Guernsey will introduce same-sex marriage". Guernsey Press. 10 December 2015. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  30. ↑ "Policy Council - Same-Sex Partnerships - Amendments". States of Guernsey. Archived from the original on 26 August 2016. Retrieved 26 September 2016.
  31. 1 2 "Policy Council - Same-Sex Partnerships - Voting Records". States of Guernsey. Archived from the original on 26 August 2016. Retrieved 26 September 2016.
  32. ↑ "Same-Sex Marriage Working Group progresses new legislation". States of Guernsey. Archived from the original on 3 March 2016. Retrieved 26 September 2016.
  33. ↑ "News Archive - 2016". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  34. ↑ "Same-Sex Marriage (Guernsey) Law, 2016 (P.2016/30)". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  35. ↑ "Big, gay wedding bells in Guernsey next year". ITV Channel Television. 21 September 2016. Archived from the original on 25 September 2016. Retrieved 26 September 2016.
  36. ↑ Strudwick, Patrick (21 September 2016). "This Tiny Island Has Just Voted To Introduce Same-Sex Marriage". BuzzFeed. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  37. ↑ Duffy, Nick (21 September 2016). "Guernsey passes same-sex marriage law". PinkNews. Archived from the original on 23 September 2016. Retrieved 26 September 2016.
  38. ↑ "Voting Record, Billet XXIII, Article 7, P 2016 30 (States Meeting 21st September 2016)". Archived from the original on 15 December 2016. Retrieved 15 December 2016.
  39. ↑ "Orders approved at the Privy Council held by the Queen at Buckingham Palace on 14th December 2016" (PDF). Privy Council of the United Kingdom. p. 18. Archived from the original (PDF) on 15 December 2016. Retrieved 15 December 2016.
  40. 1 2 "The Same-Sex Marriage (Guernsey) Law, 2016". Guernsey Legal Resources. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  41. ↑ "Implementation of Same-Sex Marriage Legislation". States of Guernsey. Archived from the original on 21 February 2017. Retrieved 21 February 2017.
  42. ↑ "Same-Sex Marriage Could Begin In May". Island FM. 21 February 2017. Archived from the original on 21 February 2017. Retrieved 21 February 2017.
  43. ↑ "Same-sex marriage start date set for May". Guernsey Press. 21 February 2017. Archived from the original on 21 February 2017. Retrieved 21 February 2017.
  44. ↑ "The Same-Sex Marriage (Consequential and Miscellaneous Amendments and Contrary Provisions) (Guernsey) Ordinance, 2017 (P.2017/28)". States of Guernsey. Archived from the original on 13 March 2017. Retrieved 13 March 2017.
  45. ↑ "The Same-Sex Marriage (Guernsey) Law, 2016 (Commencement) Ordinance, 2017 (P.2017/31)". States of Guernsey. Archived from the original on 13 March 2017. Retrieved 13 March 2017.
  46. ↑ "Same-sex marriages allowed in Guernsey from early May". Guernsey Press. 26 April 2017. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  47. ↑ "Same Sex Marriage Now Legal". Island FM. 26 April 2017. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  48. ↑ "Resolutions, Billet D'Etat VIII, 26th April". States of Guernsey. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  49. ↑ "The Same-Sex Marriage (Consequential and Miscellaneous Amendments and Contrary Provisions) (Guernsey) Ordinance, 2017". Guernsey Legal Resources. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  50. ↑ "The Same-Sex Marriage (Guernsey) Law, 2016 (Commencement) Ordinance, 2017". Guernsey Legal Resources. Archived from the original on 26 April 2017. Retrieved 26 April 2017.
  51. ↑ "Policy and Finance Committee Resolutions 21.02.2017". States of Alderney. p. 3. Archived from the original (PDF) on 23 February 2017. Retrieved 23 February 2017.
  52. ↑ "Alderney to introduce same-sex marriage". Liberste.gg. 22 February 2017.
  53. ↑ "Policy and Finance Committee Resolutions 16.05.2017". States of Alderney. pp. 3, 4. Archived from the original (PDF) on 18 May 2017. Retrieved 19 May 2017.
  54. ↑ "Policy and Finance Committee Resolutions 18.07.2017". States of Alderney. p. 5. Archived from the original (PDF) on 18 September 2017. Retrieved 18 September 2017.
  55. ↑ "Policy and Finance Committee Resolutions 12.09.2017". States of Alderney. p. 2. Archived from the original (PDF) on 18 September 2017. Retrieved 18 September 2017.
  56. ↑ "Billet d'Etat 18 October 2017". States of Alderney. pp. 3, 4. Archived from the original (PDF) on 7 October 2017. Retrieved 7 October 2017.
  57. ↑ "The Same-Sex Marriage (Alderney) Law, 2017 (draft)". States of Alderney. Archived from the original on 7 October 2017. Retrieved 7 October 2017.
  58. ↑ "Alderney Legalises Same Sex Marriage". Island FM. Archived from the original on 19 October 2017. Retrieved 19 October 2017.
  59. ↑ "Alderney votes to legalise same-sex marriage". ITV.com. Archived from the original on 19 October 2017. Retrieved 19 October 2017.
  60. ↑ "Hansard Report from States Meeting 18 October 2017". States of Alderney. pp. 5–10. Archived from the original (PDF) on 21 November 2017. Retrieved 21 November 2017.
  61. ↑ "Orders approved at the Privy Council held by the Queen at Buckingham Palace on 13th December 2017 - part 2" (PDF). Privy Council of the United Kingdom. p. 13. Archived from the original (PDF) on 14 December 2016. Retrieved 14 December 2017.
  62. ↑ "The Same-Sex Marriage (Alderney) Law, 2017". Guernsey Legal Resources. Archived from the original on 15 January 2018. Retrieved 15 January 2018.
  63. ↑ "Legislation most recently registered or approved". Guernsey Legal Resources. Archived from the original on 15 January 2018. Retrieved 15 January 2018.
  64. ↑ "Same-sex marriage legalised in Alderney". ITV Channel Television. 13 June 2018. Archived from the original on 13 June 2018. Retrieved 13 June 2018.
  65. ↑ "Hansard Report from States Meeting on 13 June 2018". States of Alderney. pp. 8–10. Archived from the original (PDF) on 18 July 2018. Retrieved 18 July 2018.
  66. ↑ "The Same-Sex Marriage (Alderney) Law, 2017 (Commencement) Ordinance, 2018". States of Alderney. Archived from the original on 13 August 2018. Retrieved 13 August 2018.
  67. ↑ "The Same-Sex Marriage (Consequential and Miscellaneous Amendments and Contrary Provisions) (Alderney) Ordinance, 2018". States of Alderney. Archived from the original on 13 August 2018. Retrieved 13 August 2018.
  68. ↑ "Alderney's first same-sex marriage has taken place". ITV Channel Television. 16 June 2018. Archived from the original on 16 June 2018. Retrieved 17 June 2018.
  69. ↑ "Alderney hosts first same-sex marriage". BBC News. 17 June 2018. Archived from the original on 17 June 2018. Retrieved 18 June 2018.
  70. ↑ "Weddings on Sark". Sark tourism board. 27 August 2014.
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