Same-sex marriage in the British Antarctic Territory

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  1. Performed statewide in 24 states and Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. 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.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage in the British Antarctic Territory has been legal since 13 October 2016. A new marriage ordinance bringing territorial legislation in line with the law in force in England and Wales was proclaimed by Commissioner Peter Hayes on 13 October, legalising marriage by same-sex couples in the British Antarctic Territory.

Background[]

In 1908, the United Kingdom declared sovereignty over South Georgia, the South Sandwich Islands, the South Shetland Islands, the South Orkney Islands and Graham Land. In 1917, the UK modified its claim, so as to include all the territory in the sector stretching to the South Pole. The territories were administered as Falkland Islands Dependencies. The British Antarctic Territory, comprising the Antarctic Peninsula with the sector extending to the South Pole, the South Shetland Islands and the South Orkney Islands, was formed and became its own separate territory in 1962 with the enactment of the British Antarctic Territory Order in Council 1962.[1]

The British Antarctic Territory Order 1989,[2] enacted by the Privy Council in May 1989, provides for a head of government in the territory, known as the Commissioner for the British Antarctic Territory. The Commissioner can make laws, known as ordinances, covering different aspects of life in the territory, including the judicial system, tax, the allocation of public funds, the environment and marriage.[3] Concerning matters not covered by local legislation, the law in force in England and Wales shall be applied in the territory, in accordance with the Administration of Justice Ordinance 1990.[3]

Same-sex marriage law[]

In July 2016, Commissioner Peter Hayes published a draft of a new marriage ordinance to repeal the Marriage Ordinance 1990.[4] In a report explaining the reasons for the new ordinance, the Foreign and Commonwealth Office wrote that it "imports provisions from the law in England in relation to the capacity to marry and the requirements for consent. It is this provision, together with other reformed sections that would allow persons of the same sex to get married in the Territory."[5] Same-sex marriage had been legal in England and Wales since 13 March 2014, following the enactment of the Marriage (Same Sex Couples) Act 2013, which had received royal assent by Her Majesty Queen Elizabeth II on 17 July 2013.

The draft was under consultation between 2 August and 30 September 2016.[6][7] The ordinance was proclaimed by Commissioner Hayes on 13 October 2016 and took effect forthwith.[8][9] Along with reformed sections permitting same-sex couples to marry, the changes make it easier for marriages to be arranged in the territory. Marriages are solemnised by marriage officers, who are appointed by the Commissioner, at "any place that the marriage officer considers suitable", either within the territory or on board a ship within territorial waters.[10] If the intending spouses are British citizens, the marriage will be legally recognised in the UK.

See also[]

References[]

  1. ^ "History of the Territory". britishantarcticterritory.org.uk.
  2. ^ "The British Antarctic Territory Order 1989". www.legislation.gov.uk.
  3. ^ a b "Legislation". britishantarcticterritory.org.uk.
  4. ^ "Marriage Ordinance 1990". assets.publishing.service.gov.uk.
  5. ^ "The Marriage Ordinance 2016 – Reasons and Occasion" (PDF). gov.uk. 2 August 2016. Archived from the original (PDF) on 29 October 2016.
  6. ^ "Review of British Antarctic Territory legislation: marriage". gov.uk. 2 August 2016. Archived from the original on 26 October 2016.
  7. ^ "The Marriage Ordinance 2016 (Draft)" (PDF). gov.uk. July 2016. Archived from the original (PDF) on 30 October 2016. Retrieved 30 April 2021.
  8. ^ "The Marriage Ordinance 2016" (PDF). gov.uk. 13 October 2016. Archived from the original (PDF) on 20 October 2016.
  9. ^ "Review of British Antarctic Territory legislation: changes to the marriage and registration ordinances". gov.uk. 19 October 2016. Archived from the original on 26 October 2016.
  10. ^ "Getting married in Antarctica". gov.uk. 20 October 2016. Archived from the original on 3 April 2017.


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