For some time now, there has been much concern in Anguilla, and in other Overseas Territories, that the United Kingdom Government will impose same-sex marriage on the inhabitants – largely against their will.
That fear is now being relaxed by the explanation that the UK Government “has no plans to introduce an Order-in-Council on this issue” [of same-sex marriage or LGBT rights]. Further, that sort of lifestyle is a matter for the people to decide on for themselves.
The assurance comes in a just-released document by the Foreign and Commonwealth Office, responding to recommendations by the Foreign Affairs Committee – a cross-party parliamentary group appointed by the House of Commons to scrutinise the UK Government’s foreign policy and other matters. The document was distributed to media houses in Anguilla by Premier Victor Banks during the Anguilla Government’s press conference on Tuesday, May 14.
According to the document, the UK Government said it welcomed the Foreign Affairs Committee’s report on “Global Britain and the British Overseas Territories: Resetting the relationship.”
Among other matters, the report sets out the UK Government’s response to the Committee’s conclusions and recommendations regarding same-sex marriage and LGBT rights. The Committee’s text is in bold and the Government’s response is in plain text as follows:
The Government should set a date by which it expects all OTS to have legalised same-sex marriage. If that deadline is not met, the Government should intervene through legislation or an Order in Council.
The UK Government is committed to equal rights, including LGBT rights. We believe that the strongest, safest and most prosperous societies are those in which all citizens can live freely without fear of discrimination, and where all citizens, including LGBT people, can play a full and active part in society.
Nine Overseas Territories have legal recognition and protection for same sex relationships. At the time of writing, a tenth Territory, the Cayman Islands, was granted a stay in the Chief Justice’s ruling in favour of same sex marriage until August 2019 when the Government’s appeal will be heard.
The British Overseas Territories are separate, largely self-governing jurisdictions with their own democratically-elected representatives. Our relationship with the Overseas Territories is based on partnership and therefore as policy on marriage law in an area of devolved responsibility it should be the territories to decide and legislate on. As has been demonstrated by recent LGBT cases, the Territories’ just mechanisms and processes should be allowed the space to address these matters.
We are working to encourage those Territories that have put in place arrangements to recognise and protect same sex relationships, to do so, and continue to engage with all the Overseas Territories to ensure that legislation is compliant with their international human rights obligations.
LGBT rights and broader human rights obligations are consistently raised with the leaders of Overseas Territories – both bilaterally and at the Overseas Territories Joint Ministerial Councils. This is also a matter that is raised by Governors’ Offices. We have no plans to introduce an Order-in-Council on this issue.
