Same-sex marriage in the Falkland Islands

Legal status of same-sex unions
Marriage
Performed

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· 12 states & CDMX
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Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Same-sex marriage has been legal in the Falkland Islands since 29 April 2017.

History

On 13 May 2015, the Attorney General recommended that the Executive Council consider the legalisation of same-sex marriage or civil partnership.[1] On 13 January 2016, following a public consultation, the Council instructed the Attorney General to prepare an amendment to the island's Marriage Ordinance, in order to allow same-sex marriage.[2] The public consultation found that 90% of respondents were in favour of same-sex marriage and 94% were in favour of civil partnerships for all couples.[3]

Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal

The Attorney General's draft amendment was considered by the Executive Council on 22 February 2017. The Council, considering whether to approve a bill to legalise same-sex marriage and create civil partnership for both same-sex and opposite-sex couples, instructed the Attorney General to publish this in the official gazette, thereby commencing the legislative process as first reading, as well as to prepare further legislation necessary to its implementation.[4]

On 30 March 2017, the Legislative Assembly approved the Marriage (Amendment) Bill 2017 by a 7 to 1 vote. The bill allows same-sex couples to marry and also allows both same-sex and opposite-sex couples the right to access a civil partnership.[5][6][7][8] The bill received royal assent by Governor Colin Roberts on 13 April 2017.[9][10] The new law, which amended the Marriage Ordinance 1996, went into effect on 29 April 2017.[11] A community event to celebrate same-sex marriage becoming legal took place that same day.[12][13]

Sections 3A and 3B of the Falkland Islands Marriage Ordinance state:[14]

The marriage of same-sex couples is lawful [and]...a same-sex marriage solemnised under this Ordinance has and must be treated in the same manner and afforded the same status as a marriage between a man and a woman.

30 March 2017 vote in the Legislative Assembly of the Falkland Islands[12][15]
Voted forVoted against

See also

References

  1. ↑ "Family Law Review 2015 – Proposals for new policy development and legislation". fig.gov.fk. 13 May 2015. Archived from the original on 30 October 2015.
  2. ↑ "Family Law Review – Proposals for legislative drafting". fig.gov.fk. 13 January 2016. Archived from the original on 28 January 2016.
  3. ↑ Falklands passes same sex marriage bill; invites non residents to share the legislation
  4. ↑ "32-17P: Family Law Review – marriage reform". fig.gov.fk. 22 February 2017. Archived from the original on 24 February 2017.
  5. ↑ Marchiano, Andrea (12 April 2017). "Falkland Islands votes overwhelmingly in favour of same-sex marriage". Gay Times. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  6. ↑ Butterworth, Benjamin (12 April 2017). "Falkland Islands introduces full marriage equality". PinkNews. Archived from the original on 12 April 2017. Retrieved 12 April 2017.
  7. ↑ Avery, Dan (12 April 2017). "Marriage Equality Comes To The Falkland Islands". NewNowNext.com. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  8. ↑ "Order Paper for 30 March 2017" (PDF). Legislative Assembly of the Falkland Islands (fig.gov.fk). 30 March 2017. pp. 123–135.
  9. ↑ Salerno, Rob. "Falkland Islands Same-sex Marriage Update". Archived from the original on 28 June 2017.
  10. ↑ "Press Release: Falkland Islands Legislative Assembly Passes Marriage Bill". Falkland Islands Government. 13 April 2017. Archived from the original on 28 June 2017.
  11. ↑ "Marriage Ordinance 1996; Amending Legislation; Marriage (Amendment) Ordinance 2017 - [Ord. 6/17]". Falkland Islands Legislation. 31 July 2017.
  12. 1 2 "Falklands plans to celebrate same sex marriage Bill next April 27". MercoPress. 13 April 2017. Archived from the original on 13 April 2017. Retrieved 13 April 2017.
  13. ↑ Watson, Lisa (29 April 2017). "Twitter Post by Lisa Watson of the Penguin News (Falkland Islands)". Twitter. Archived from the original on 29 April 2017. Retrieved 29 April 2017.
  14. ↑ "Marriage Ordinance 1996" (PDF). Falkland Islands Legislation. 31 July 2017.
  15. ↑ "RECORD OF THE MEETING OF THE LEGISLATIVE ASSEMBLY - HELD AT NORTH ARM (30 MARCH 2017)". Legislative Assembly of the Falkland Islands. pp. 38–45. Archived from the original (PDF) on 28 April 2017. Retrieved 28 April 2017.
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