Same-sex marriage in the Pitcairn Islands

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015. An ordinance to permit same-sex marriages was passed 7–0 by the Island Council on 1 April 2015. It received royal assent by Governor Jonathan Sinclair on 5 May, and entered into force on 14 May.

The Pitcairn Islands was the fourth British Overseas Territory to legalise same-sex marriage after South Georgia and the South Sandwich Islands, Akrotiri and Dhekelia and the British Indian Ocean Territory.

Background

[edit]
Recognition of same-sex relationships in Oceania
  Marriage
  Marriages performed elsewhere are recognized (American Samoa)
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples (Palau, Tuvalu)
  Same-sex sexual activity illegal, but ban not enforced
  Same-sex sexual activity illegal
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The Pitcairn Islands was settled by British mutineers from HMS Bounty, along with the Tahitian men and women who were with them, in 1790. The islands were rediscovered by the British in 1814 when Captain Thomas Staines made contact with the islanders. Pitcairn Island became a British colony in 1838, and Henderson, Ducie and Oeno were annexed by the British Empire in 1902. In 1938, all four islands were incorporated into a single administrative unit.[1]

In common law, a marriage between persons of the same sex was void ab initio.[2] 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."[3] Explicit bans on same-sex marriages were enacted in England and Wales in the Nullity of Marriage Act 1971,[4] and later the Matrimonial Causes Act 1973.[5] Similar laws were passed in Scotland and Northern Ireland. These bans, since repealed, did not apply to the Pitcairn Islands.

The first four local ordinances having application solely to the islands were passed in 1952. One of these ordinances provided for the basis of the islands' legal system, administration and government. Two other ordinances provided for the registration of births and deaths, and for the solemnisation of marriages.[6] The Marriage Ordinance, enacted on 16 October 1952, did not contain an explicit ban on same-sex marriage, but generally assumed married spouses to be "husband and wife".[7]

Same-sex marriage law

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On 1 April 2015, the Island Council passed the Same Sex Marriage and Civil Partnerships Ordinance by a unanimous 7–0 vote.[7][8] The ordinance, supported by Mayor Shawn Christian and Deputy Mayor Brenda Christian,[9][10] amended the local Marriage Ordinance to replace references to "husband and wife" with gender-neutral language and add the following definition of marriage:[7]

"Marriage" means the union of two people regardless of their sex, sexual orientation or gender identity

The Interpretation and General Clauses Ordinance was amended to state that '"marriage" – (a) includes marriage of a same-sex couple, and (b) includes a registered civil partnership that is entered into outside of Pitcairn in accordance with the laws of that place' and '"spouse" – (a) includes a person who is married to a person of the same sex, and (b) unless otherwise specified includes a person who is a party to a registered civil partnership that is entered into outside of Pitcairn in accordance with the laws of that place'.[7] Civil partnerships, known in Pitkern as sivil paatneshep (pronounced [ˈsɪwəl pɑːtˈnɛʃeʔp]),[11] cannot be performed in Pitcairn but those performed abroad are recognised as marriages on the islands.

The ordinance was given royal assent by Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015,[7][12][13] and came into effect the following day. Both intending spouses must be 18 years or older, and one of the parties must have resided in Pitcairn for at least the past fifteen days. The marriage license is issued by the Registar of Marriages, and the marriage ceremony must take place within three months of the notice of marriage.[14] The move to legalise same-sex marriage was widely published on international media.[15][16][17] Deputy Governor Kevin Lynch said that the change had been suggested by British authorities. Local resident Meralda Warren said the law "wasn't even a major point of discussion until the outside world began catching up on the news".[8] None of the c. 50 Pitcairn Islanders residing on the island is known to be in a same-sex relationship.[18]

See also

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References

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  1. ^ "Pitcairn's History". The Government of the Pitcairn Islands.
  2. ^ 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.)
  3. ^ "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.
  4. ^ Cretney, Stephen (2003). Family law in the twentieth century: a history. Oxford University Press. pp. 70–71. ISBN 0-19-826899-8.
  5. ^ "Matrimonial Causes Act 1973". Legislation.gov.uk. Section 11(c). Archived from the original on 7 January 2016. Retrieved 4 March 2012.
  6. ^ "History of Government and Laws, Part 11". Pacific Union College.
  7. ^ a b c d e "Same Sex Marriage and Civil Partnerships Ordinance 2015" (PDF). Government of the Pitcairn Islands. Archived from the original (PDF) on 7 January 2016. Retrieved 16 February 2016.
  8. ^ a b "Pitcairn Island, population 48, passes law to allow same-sex marriage". The Guardian. Associated Press. 22 June 2015. Archived from the original on 15 December 2015. Retrieved 16 February 2016.
  9. ^ "PITCAIRN ISLAND COUNCIL - Minutes of Meeting held in The Square - Public Hall (Wednesday, 01 April 2015)" (PDF). government.pn. Retrieved 7 January 2017.
  10. ^ "PITCAIRN ISLAND COUNCIL - Minutes of Meeting held in The Square - Public Hall (Wednesday, 22 April 2015)" (PDF). government.pn. Retrieved 7 January 2017.
  11. ^ Mühlhäusler, Peter (2020). Pitkern-Norf'k, The Language of Pitcairn Island and Norfolk Island. De Gruyter. ISBN 9781501501432.
  12. ^ "Pacific's tiny Pitcairn Island legalises same-sex marriage". Yahoo! News. Agence France-Presse. 25 June 2015. Archived from the original on 16 February 2016. Retrieved 16 February 2016.
  13. ^ "Same sex marriage legalised in Pitcairn". Radio New Zealand. 24 June 2015. Archived from the original on 17 October 2015. Retrieved 17 February 2016.
  14. ^ "Marriage Ordinance" (PDF). www.government.pn.
  15. ^ "Pitcairn Allows Gay Marriage - But No One To Wed". Sky News. 22 June 2015.
  16. ^ "Pitcairn passes same-sex marriage law - but will anybody use it?". The Irish Examiner. 22 June 2015.
  17. ^ "World's Smallest Country Legalises Gay Marriage". Star Observer. 23 June 2015.
  18. ^ Ward, Alex (22 June 2015). "Pitcairn Island, the 'world's smallest country', legalises same-sex marriage". The Independent.
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