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LGBT rights in Saint Helena, Ascension and Tristan da Cunha

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LGBT rights in Saint Helena, Ascension and Tristan da Cunha
StatusLegal
Discrimination protectionsYes, since 2009

Lesbian, gay, bisexual, and transgender (LGBT) persons in Saint Helena, Ascension and Tristan da Cunha may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Saint Helena, Ascension and Tristan da Cunha, but it is not clear if same-sex couples and households headed by same-sex couples are eligible for the same legal protections available to opposite-sex couples.[1]

Laws against homosexuality

Homosexuality is legal in Saint Helena, Ascension and Tristan da Cunha.

Discrimination protections

The St Helena, Ascension and Tristan da Cunha Constitution Order 2009 bans discrimination based on sexual orientation.[2]

Recognition of same-sex relationships

On 31 May 2016, the Ascension Island Council approved a new Marriage Ordinance to allow same-sex marriage, in a 5-0 vote. It was signed by the Governor and published in the official gazette on 20 June. The new ordinance would commence once the Saint Helena Legislative Council repealed the current ordinance from 1851.[3][4][5]

On 27 April 2016, the Saint Helena Executive Council announced a public consultation on a draft of a new Marriage Ordinance, which, if approved, would allow same-sex couples to marry. The consultation lasted until 25 May.[6][7] On 15 July, it was revealed that a majority of respondents was in favour of same-sex marriage.[8]

Summary table

Same-sex sexual activity legal Yes (Since 2001)
Equal age of consent Yes
Anti-discrimination laws in employment only Yes (Since 2009)
Anti-discrimination laws in the provision of goods and services Yes (Since 2009)
Anti-discrimination laws all other areas (incl. indirect discrimination, hate speech) Yes (Since 2009)
Same-sex marriage Yes/No (In Ascension from 2016 - not yet in effect)
Recognition of same-sex couples Yes/No (In Ascension from 2016 - not yet in effect)
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military Yes (Since 2000)
Right to change legal gender Yes (Since 2013)
Access to IVF for lesbians
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

  1. ^ "St. Helena". Retrieved 27 June 2011.
  2. ^ The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
  3. ^ Island Council Report - 31 May 2016
  4. ^ Island Council Minutes 31 May 2016
  5. ^ Marriage (Ascension) Ordinance, 2016
  6. ^ MARRIAGE BILL, SUNDAY’S OBSERVANCE (AMENDMENT) BILL AND EMPLOYMENT REGULATIONS
  7. ^ Marriage Ordinance
  8. ^ MARRIAGE BILL QUESTIONNAIRE