LGBT rights in the British Virgin Islands

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LGBT rights in the British Virgin Islands are seen to be restricted in comparison to most Western countries.

Although anal sex is technically a criminal offence under British Virgin Islands law as the crime of buggery under the British Virgin Islands Criminal Code, buggery between two consenting adult males in private has been expressly legalised (controversially) by an order-in-council in the British Virgin Islands (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000.^[1] The order was brought into force with retrospective effect.^[2] Anal sex between adult males where there are more than two people present, or in public, remains the criminal offence of buggery and may also amount to an offence of gross indecency and other minor sexual offences. Other homosexual acts have not been expressly legalised, although it is not clear that they ever amounted to a criminal offence in any event.

[edit] Same-sex marriage

Conversely, Same-sex marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious and highly homophobic society,^{[citation needed]} and any prospects of legalisation appear remote.^{[citation needed]} The most recent draft of the new constitution of the Territory (approved unanimously in a non-binding vote in May 2007) affirmed the Territory as a nation that believes in God. Although the draft constitution also prohibits discrimination against people on the basis of sexual orientation, it is unlikely that this would be interpreted as a basis for judicial legalisation of same-sex marriage.

[edit] Footnotes

1. ^ Section 3(1) and 3(7).
2. ^ Section 4.

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