Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.
LGBTQ rights in Anguilla | |
|---|---|
 Location of LGBTQ rights in Anguilla (red) in North America (grey) – [Legend] | |
| Status | Legal since 2001; unequal age of consent |
| Gender identity | No |
| Military | Yes |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex couples |
| Adoption | No |
Law regarding same-sex sexual activity
editSame-sex sexual activities have been legal in Anguilla since 2001. The legalisation of homosexuality was the result of an order of the Privy Council of the United Kingdom and affected the laws in four other overseas territories of the United Kingdom.[1]
The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[2]
Recognition of same-sex relationships
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Same-sex marriage and civil unions are not legal in Anguilla, and it is one of the British overseas territories not to have legislated for civil partnerships. Non-legal ceremonies of same-sex couples have occurred on the island.[3]
The Marriage Act states that "'marriage' means the union of a man and a woman as husband and wife".[4]
Discrimination protections
editNo known legislative protections exist for LGBT people in Anguilla's local laws.[5] The Constitution of Anguilla outlaws discrimination on the basis of "race, political opinions, colour, creed, sex or place of origin", though makes no mention of sexual orientation or gender identity.[6]
Living conditions
editDue to Anguilla's small population, there is virtually no gay scene on the island. There are no gay organisations, venues, bars and clubs, or pride events. A small protest occurred on 17 May 2011 in The Valley for the International Day Against Homophobia, Transphobia and Biphobia.[7]
Several same-sex couples who have travelled to the island on vacation report that the island is "gay-friendly" and has "warm people, the best beaches and sunset in the world, and fantastic restaurants", but also "very quiet".[7] The couples further said that "nobody was discriminatory in any way". However, the situation for locals might be different. Anguilla, much like other Caribbean islands, is believed to have a "subdued and subtle climate of homophobia", which has contributed to secrecy among LGBT locals.[7]
Summary table
edit| Same-sex sexual activity legal |  (Since 2001)
|
| Equal age of consent | 
|
| Anti-discrimination laws in employment |
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Same-sex marriage |
|
| Recognition of same-sex couples |
|
| Stepchild adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| LGBT people allowed to serve openly in the military | (UK responsible for defence)
|
| Right to change legal gender |
|
| Access to IVF for lesbians and automatic parenthood for both spouses after birth | 
|
| Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well)
|
| MSMs allowed to donate blood |
|
See also
edit
References
edit- ^ "Britain Scraps Homosexuality Laws". Sodomy Laws. Associated Press. 5 January 2001.
- ^ "Criminal Code R.S.A. c. C140". www.gov.ai. Retrieved 11 April 2021.
- ^ "Anguilla: Destination Weddings". Gay Destination Weddings. 1 January 2010.
- ^ "Marriage Act". gov.ai.
- ^ "Anguilla". Equal Dex. 1 January 2016.
- ^ "The ANGUILLA CONSTITUTION ORDER 2008" (PDF). gov.ai.
- ^ a b c Richard Ammon (October 2012). "Gay Life in Anguilla". Globalgayz.