LGBT rights in Anguilla

Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillan law does not forbid discrimination based on sexual orientation or gender identity.

LGBT rights in Anguilla
Location of LGBT rights in Anguilla (red) in North America (grey)  –  [Legend]
Status	Legal since 2001
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

Same-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 16, regardless of gender or sexual orientation.

Recognition of same-sex relationships

Recognition of same-sex unions in the Lesser Antilles

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  No recognition of same-sex couples

  Constitutional ban on same-sex marriage

  Same-sex sexual activity illegal but penalties not enforced

  Island subject to IACHR ruling, penalty not enforced

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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.[2]

The Marriage Act states that "'marriage' means the union of a man and a woman as husband and wife".[3]

Discrimination protections

No known legislative protections exist for LGBT people in Anguilla's local laws.[4] 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.[5]

Living conditions

Due 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.[6]

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".[6] 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.[6]

Summary table

Same-sex sexual activity legal	(Since 2001)
Equal age of consent	(Since 2001)
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

• LGBT rights in the Americas
• LGBT rights in the United Kingdom
• Recognition of same-sex unions in the British Overseas Territories

References

1. "Britain Scraps Homosexuality Laws". Associated Press. Sodomy Laws. 5 January 2001.
2. "Anguilla: Destination Weddings". Gay Destination Weddings. 1 January 2010.
3. "Marriage Act". gov.ai.
4. "Anguilla". Equal Dex. 1 January 2016.
5. "The ANGUILLA CONSTITUTION ORDER 2008" (PDF). gov.ai.
6. Richard Ammon (October 2012). "Gay Life in Anguilla". Globalgayz.