Same-sex marriage in the Isle of Man

Legal status of same-sex unions
Marriage
Performed
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

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Same-sex marriage became legal in the Isle of Man, a Crown dependency of the United Kingdom, on 22 July 2016. Civil partnerships were introduced on 6 April 2011.

Civil partnerships

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.

As of 2005, couples who have entered into a civil partnership in the United Kingdom are recognised by the Isle of Man Department of Health and Social Security for pension purposes. The other rights of a civil partnership were not provided.[1] In March 2009, the Chief Minister announced that a civil partnership bill would be introduced in October 2009. This bill would be modelled on the UK one, providing same-sex couples with nearly all of the rights and responsibilities of marriage.[2]

In February 2010, the civil partnership bill was introduced by the Manx Government and had its first reading in the House of Keys.[3][4][5][6][7] The bill was passed 19 to 3 in its second reading on 30 March.[8][9] Further progress towards the passage of the bill was due to take place on 27 April, but was delayed for technical reasons.[10] The bill passed the clauses stage on 25 May,[11][12] and was approved in its third reading on 22 June.[13][14] On 29 June, the bill had its first reading in the Legislative Council.[15] The bill passed second reading on 26 October,[16] the clauses stage on 9 November,[17] and on 23 November, the bill passed third reading.[18] On 15 March 2011, the bill was signed into law.[19][20] It took effect on 6 April 2011.[21][22] It was decided in 2014 that same-sex marriages from England and Wales, as well as other marriages performed abroad, would be treated as civil partnerships on the island.[23]

In 2016, along with the legalisation of same-sex marriage, civil partnerships were opened up to opposite-sex couples, in contrast to the UK civil partnership law.[24]

Same-sex marriage

On 9 June 2015, Chief Minister Allan Bell announced his intention to repeal the law barring same-sex marriage on the island.[25] On 21 July, Bell ruled out holding a referendum on the issue.[26][27]

On 2 October 2015, the Chief Minister announced a public consultation on the issue to take place between 15 October and 13 November, with a bill allowing same-sex couples to marry to be introduced to Tynwald in 2016, depending on the results of the consultation.[28][29][30][31][32][33]

In November 2015, the Chief Minister announced that the same-sex marriage bill would have its first reading in Tynwald in December 2015 and would be implemented in 2016.[34] On 19 December, Allan Bell said that the bill would be submitted to the House of Keys in January, with the intention of having the law take effect by summer 2016.[35] The government response to the public consultation on the Marriage (Same Sex Couples) Bill was published on 22 January, with the Council of Ministers recommending that the bill be promptly introduced into the House of Keys for consideration.[36][37][38]

The bill had its first reading in the House of Keys on 2 February 2016.[39][40][41] On 9 February, the bill passed its second reading by 18–4.[42][43]

9 February 2016 vote in the House of Keys (2nd Reading)[44]
Political AffiliationVoted forVoted againstAbsent/Not Present (Did Not Vote)
Independent     
Liberal Vannin Party      - -
Total1842

The measure passed the clauses stage on 1 March.[45][46][47] Several amendments which would have allowed registrars to opt out of conducting same-sex marriages were rejected. One amendment the House did agree to was an amendment to allow opposite-sex couples to enter into civil partnerships.[45][46][47] Consequently, the bill was renamed as the Marriage and Civil Partnership (Amendment) Bill 2016.[45][48] On 8 March, the bill was approved in its third reading, in a 17–3 vote.[49][50]

8 March 2016 vote in the House of Keys (3rd Reading)[51]
Political AffiliationVoted forVoted againstAbsent/Not Present (Did Not Vote)
Independent     
Liberal Vannin Party      - -
Total1734

On 22 March, the bill passed its first reading in the Legislative Council, in a 6–3 vote.[52][53] On 12 April, the bill passed through both the second reading, in a 5–3 vote, and the clauses stage, with three amendments proposed by the acting Attorney General.[54] The bill was approved in its final reading on 26 April by a vote of 6–3.[55][56][57]

22 March & 12 and 26 April 2016 vote in the Legislative Council (1st, 2nd, and 3rd Readings, respectively)[58][59][60]
Political AffiliationVoted forVoted againstPresent
Appointed Members of the Council (elected by the Keys) -
Ex-officio Members of the Council -
Total632

On 10 May, the House of Keys approved the Council's amendments in a unanimous 22 to 0 vote.[61]

The bill was signed in Tynwald Court on 21 June.[62] Some media reported that the bill was expected to be promulgated on 5 July, but it was delayed due a legal challenge lodged with the Privy Council. However, the Cabinet Office stated that the bill would receive royal assent in the Privy Council, and be officially proclaimed during the Tynwald sitting on 19 July.[63] The Chief Minister said that the UK European Union membership referendum was the reason for the delay, and that the law would take effect on 22 July.[64] The law indeed received royal assent in the Privy Council on 13 July and was proclaimed on 19 July.[65][66][67][68] It took effect three days later.[69][70] The first same-sex marriage to be registered on the Isle of Man was that of Marc and Alan Steffan-Cowell, who converted their civil partnership into a marriage on 25 July 2016.[71] The first same-sex marriage to be performed on the island occurred on 30 July, between Luke Carine and Zak Tomlinson.[72]

See also

References

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  2. "Chief minister pledges action on civil partnership bill". IOM Today. 4 March 2009. Archived from the original on 12 March 2016. Retrieved 11 January 2012.
  3. Geen, Jessica (22 February 2010). "Isle of Man to consider civil partnerships for gay couples". PinkNews. Archived from the original on 4 March 2016. Retrieved 11 January 2012.
  4. "Isle of Man to consider civil partnership bill". BBC News. 22 February 2010. Archived from the original on 6 March 2016. Retrieved 11 January 2012.
  5. "Civil Partnerships Bill to progress". Energy FM. 26 March 2010. Archived from the original on 30 March 2012. Retrieved 4 March 2016.
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  • "Civil Partnership Act 2011" (PDF). Isle of Man Government. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Marriage and Civil Partnership (Amendment) Act 2016" (PDF). Isle of Man Government. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Marriage and Civil Partnership (Amendment) Act 2016 (Appointed Day, Etc) Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Social Security (Marriage and Civil Partnership (Amendment) Act 2016) Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Pension Schemes (Marriage and Civil Partnership (Amendment) Act 2016) Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Marriage and Civil Partnership (Venues, etc.) (Fees) Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 25 July 2016. Retrieved 25 July 2016.
  • "Civil Partnership (Conversion to Marriage) Regulations 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Civil Partnership (Conversion to Marriage) Fees Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
  • "Marriage and Civil Partnership (Amendment) Act 2016 (Contrary Provisions) Order 2016" (PDF). Tynwald. Archived from the original (PDF) on 22 July 2016. Retrieved 22 July 2016.
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