Recognition of same-sex unions in Guernsey

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*
· BAT, IM, PN
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Guernsey recognises same-sex marriages performed abroad for some purposes, but such marriages cannot be performed in the territory. A bill to allow same-sex couples to marry in the territory was approved by the States on 21 September 2016 and awaits royal assent.

Recognition of abroad civil partnership and same-sex marriage

Laws regarding same-sex partnerships in Europe
  Marriage
  Foreign marriages recognized
  Other type of partnership
  Unregistered cohabitation
  Unrecognized
  Constitution limits marriage to opposite-sex couples
---- Includes laws that have not yet gone into effect.

In Guernsey, civil partnerships performed in the United Kingdom and other relationships treated as such by UK law have been recognised for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012, after approval of a bill allowing such recognition by the States of Guernsey on 29 June 2011. It received royal assent in the Privy Council on 16 November and was registered on the records of the island on 5 December 2011.[1][2]

On 10 December 2015, the States approved an ordinance to recognise same-sex marriages and civil partnerships performed abroad for the purposes of the Income Tax (Guernsey) Law, 1975. It will take effect on 1 January 2017.[3][4][5][6][7] On the same day, the States directed the preparation of the legislation to amend the Inheritance (Guernsey) Law, 2011 to recognise abroad same-sex marriages for its purposes.[5][8] The bill to this effect was submitted on 22 January 2016, and approved by the States on 2 March.[9][10][11] It received royal assent in the Privy Council on 4 May and took effect upon registration on the records of the island on 16 May 2016.[12]

On 17 June 2015, the States of Alderney unanimously approved the Inheritance (Alderney) Law, 2015, which include provision to recognise same-sex marriages and civil partnerships performed abroad for its purposes.[13][14] It received royal assent in the Privy Council on 8 October, was registered on the records of the island on 9 November 2015, and took effect on 1 January 2016.[15][16][17]

Same-sex marriage

In January 2014, it was announced that within the next twelve months Deputies would debate whether to accept a state-recognised civil union proposal.[18] The proposed law, titled Union Civile, was said to be "the most forward-looking marriage law" in the world. The measure would end state-sanctioned marriages of any couple and instead replace it with Union Civile.[19] A consultation on the proposed Union Civile law began on 1 June 2015 and lasted until 13 July 2015.[20][21][22][23] If passed, the law will not apply to the entire bailiwick, but just to the islands of Guernsey, Herm, Jethou and Lihou.[24] On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.[25] On 30 October 2015, the Policy Council of Guernsey dropped the Union Civile plans and released a report asking the States to agree on introducing a same-sex marriage law and to direct the preparation of legislation to implement it at its meeting on 9 December 2015.[26][27] The States approved the proposal on 10 December 2015, in a 37–7 vote. Amendments to introduce civil partnerships or Union Civile rather than same-sex marriage were rejected.[28][29][30][31]

In February 2016, a working group, which consists of Chief Minister Jonathan Le Tocq and Deputies Elis Bebb and Chris Green, was established in order to prepare a draft bill.[32][33] A bill was approved by the States, in a 33-5 vote, on 21 September and awaits Royal Assent in the Privy Council. The first marriages are expected to happen sometime in 2017.[34][35][36][37]

See also

References

  1. "The Inheritance (Guernsey) Law, 2011". Guernsey Legal Resources. Archived from the original on 19 September 2016. Retrieved 26 September 2016.
  2. "The Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012". Guernsey Legal Resources. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  3. "2015 Billet d'État XXIII: The Income Tax (Guernsey) (Amendment) Ordinance, 2015". States of Guernsey. p. 3477. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  4. "BILLET D'ÉTAT No. XXIII, 2015 9th DECEMBER 2015". States of Guernsey. pp. 9–12. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  5. 1 2 "Resolutions, Billet XXIII, 8th & 10th December 2015". States of Guernsey. Archived from the original on 7 March 2016. Retrieved 26 September 2016.
  6. "The Income Tax (Guernsey) (Amendment) Ordinance, 2015 - Amendment". States of Guernsey. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  7. "The Income Tax (Guernsey) (Amendment) Ordinance, 2015". Guernsey Legal Resources. Archived from the original on 22 December 2015. Retrieved 26 September 2016.
  8. "2015 Billet d'État XXIII: Policy Council – Same-Sex Marriage Inheritance Rights". States of Guernsey. pp. 3577–3580. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  9. "2016 March 2nd Billet VI - Projet de Loi entitled The Inheritance (Amendment) (Guernsey) Law, 2016". States of Guernsey. p. 1177. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  10. "2016 March 2nd Billet VI Legislation - The Inheritance (Amendment) (Guernsey) Law, 2016". States of Guernsey. pp. 150–151. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  11. "Resolutions, Billet VI, 2nd March 2016". States of Guernsey. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
  12. "The Inheritance (Amendment) (Guernsey) Law, 2016". Guernsey Legal Resources. Archived from the original on 19 September 2016. Retrieved 26 September 2016.
  13. "The Inheritance (Alderney) Law, 2015". Guernsey Legal Resources. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  14. "Hansard Report from States Meeting on 17th June 2015". States of Alderney. Archived from the original on 6 February 2016. Retrieved 26 September 2016.
  15. "Orders in Council 8 October 2015" (PDF). Privy Council of the United Kingdom. p. 27. Archived from the original (PDF) on 27 August 2016. Retrieved 20 August 2016.
  16. "Legislation most recently registered or approved". Guernsey Legal Resources. Archived from the original on 14 January 2016. Retrieved 26 September 2016.
  17. "Inheritance (Alderney) Law, 2015 (Commencement) Ordinance, 2015". Guernsey Legal Resources. Archived from the original on 8 March 2016. Retrieved 26 September 2016.
  18. "Deputies to debate civil unions within the next year". Guernsey Press and Star. 30 January 2014. Archived from the original on 16 March 2016. Retrieved 6 April 2014.
  19. "Guernsey marriage law most 'forward-looking' in the world". BBC News. 29 May 2014. Archived from the original on 3 December 2015. Retrieved 26 September 2016.
  20. "Guernsey States bids to axe 'marriage' for Union Civile". BBC News. 1 June 2015. Archived from the original on 28 August 2015. Retrieved 26 September 2016.
  21. "Union Civile Consultation". States of Guernsey. Archived from the original on 6 July 2015.
  22. "Union Civile proposal goes out to consultation". Guernsey Press and Star. 1 June 2015. Archived from the original on 23 March 2016. Retrieved 26 September 2016.
  23. "Union Civile Consultation Launch". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  24. "Union Civile Consultation Frequently Asked Questions". States of Guernsey. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  25. "Consultation shows majority support same-sex marriage". Guernsey Press and Star. 14 July 2015. Archived from the original on 15 September 2015. Retrieved 26 September 2016.
  26. "2015 Billet d'État XXIII: Policy Council – Same-sex Marriage". States of Guernsey. pp. 3483–3576. Archived from the original on 4 March 2016. Retrieved 12 December 2015.
  27. "Guernsey same-sex couples: Hundreds support legal recognition plans". BBC News. 30 October 2015. Archived from the original on 31 January 2016. Retrieved 26 September 2016.
  28. "Same-sex marriage gets Guernsey States approval". BBC News. 10 December 2015. Archived from the original on 22 July 2016. Retrieved 26 September 2016.
  29. "Guernsey will introduce same-sex marriage". Guernsey Press and Star. 10 December 2015. Archived from the original on 4 March 2016. Retrieved 26 September 2016.
  30. "Policy Council - Same-Sex Partnerships - Amendments". States of Guernsey. Archived from the original on 26 August 2016. Retrieved 26 September 2016.
  31. "Policy Council - Same-Sex Partnerships - Voting Records". States of Guernsey. Archived from the original on 26 August 2016. Retrieved 26 September 2016.
  32. "Same-Sex Marriage Working Group progresses new legislation". States of Guernsey. Archived from the original on 3 March 2016. Retrieved 26 September 2016.
  33. "News Archive - 2016". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  34. "Same-Sex Marriage (Guernsey) Law, 2016 (P.2016/30)". States of Guernsey. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  35. "Big, gay wedding bells in Guernsey next year". ITV Channel TV. 21 September 2016. Archived from the original on 25 September 2016. Retrieved 26 September 2016.
  36. Strudwick, Patrick (21 September 2016). "This Tiny Island Has Just Voted To Introduce Same-Sex Marriage". BuzzFeed. Archived from the original on 26 September 2016. Retrieved 26 September 2016.
  37. Duffy, Nick (21 September 2016). "Guernsey passes same-sex marriage law". PinkNews. Archived from the original on 23 September 2016. Retrieved 26 September 2016.
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