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Same-sex marriage in Jersey

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal
Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Jersey allows civil partnerships for same-sex couples. The bill for legalisation was signed by the Queen on 14 December 2011 and registered by the royal court on 6 January 2012. The law took effect on 2 April 2012.[1]

Civil partnerships

In August 2009, it was announced by the Chief Minister that a civil partnerships bill would be drafted and be due for introduction to the Assembly of the States of Jersey in October 2009.[2][3]

On 20 October 2009, the Assembly voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[4][5][6] The draft bill legalising civil partnerships was approved by the Council of Ministers on 24 March 2011 and introduced to the Assembly on 31 May.[7][8] It was passed on 12 July 2011.[9][10] On 14 December 2011, the bill received royal assent and was registered by the royal court on 6 January 2012.[11][12] In March 2012, the government issued orders implementing the law, which took effect on 2 April 2012.[13][1][14][15][16][17][18][19][20][21][22]

Same-sex marriage

On 28 May 2014, the Deputy Sam Mézec of Reform Jersey party submitted a proposition asking the Assembly of the States of Jersey to support, in principle, the legalisation of same-sex marriage, and to request the Chief Minister to prepare the necessary draft legislation to give effect to the proposal.[23][24][25] On 8 July 2014, the Assembly voted for the amendment to the proposal, introduced by Senator Ian Le Marquand, to request the Chief Minister to present a detailed study into the effects of allowing same-sex marriage by 31 December 2014. The amendment was passed by 24 votes to 18 and the amended proposition by 39 to 1.[26][27][28][29]

On 26 November 2014, the Chief Minister Ian Gorst submitted a report, which includes a commitment to introduce legislation allowing same-sex couples to get married in civil and religious ceremonies by the end of 2017, and to create safeguards for religious organisations and officials who do not wish to conduct same-sex marriages, among others.[30][31][32][33] On 14 July 2015, the Chief Minister submitted a proposition to ask the States to decide whether they agree, in principle, that same-sex couples should be allowed to marry and to request that the Chief Minister introduce for approval by the States, no later than end January 2017, the draft legislation necessary to implement it.[34][35][36] It was approved by the Assembly on 22 September 2015.[37][38][39]

See also

References

  1. ^ a b Jersey's civil partnership law comes into force
  2. ^ "Jersey States to propose Civil Partnerships", International Finance Centre, 2 September 2009
  3. ^ "Legal rights for same sex couples", BBC News, 3 September 2009
  4. ^ Jersey votes to allow civil partnerships
  5. ^ New rights for homosexual couples
  6. ^ Strong States support for gay civil partnerships
  7. ^ WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY J.M. MAÇON OF ST. SAVIOUR - ANSWER TO BE TABLED ON TUESDAY 3rd MAY 2011
  8. ^ DRAFT CIVIL PARTNERSHIP (JERSEY) LAW 201
  9. ^ Jersey States approves civil partnerships
  10. ^ Vote for Draft Civil Partnership (Jersey) Law 201- Third Reading
  11. ^ Jersey’s religious civil partnership rules near implementation
  12. ^ Jersey recognises civil partnerships
  13. ^ Civil Partners Causes Rules 2012
  14. ^ Inquests and Post-Mortem Examinations (Amendment No. 8) Rules 2012
  15. ^ Adoption (Amendment No. 3) Rules 2012
  16. ^ Royal Court (Amendment No. 14) Rules 2012
  17. ^ Civil Partnerships (Consequential Amendments) (Jersey) Regulations 2012
  18. ^ Civil Partnership (Jersey) Law 2012 (Appointed Day) Act 2012
  19. ^ Civil Partnership (Approved Premises) (Jersey) Order 2012
  20. ^ Civil Partnership (Forms, Registration and Fees) (Jersey) Order 2012
  21. ^ Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012
  22. ^ Marriage and Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012
  23. ^ "CIVIL MARRIAGES: SAME SEX COUPLES" (PDF). States of Jersey. 28 May 2014.
  24. ^ "Additional information for P.102/2014". States of Jersey. 28 May 2014.
  25. ^ "Gay marriage proposition lodged by Reform Jersey". BBC. 28 May 2014.
  26. ^ "CIVIL MARRIAGES: SAME SEX COUPLES (P.102/2014) – SECOND AMENDMENT" (PDF). States of Jersey. 8 July 2014.
  27. ^ "Same sex marriage law delayed in Jersey". BBC. 8 July 2014.
  28. ^ "Gay marriage decision rejected by the States". Jersey Evening Post. 8 July 2014.
  29. ^ "Equal marriage debate on hold". ITV News Channel TV. 8 July 2014.
  30. ^ EQUAL MARRIAGE AND PARTNERSHIP: OPTIONS PAPER REPORT – NOVEMBER 2014
  31. ^ Jersey equal marriage paper published
  32. ^ Commitment to allow same sex marriage
  33. ^ Ministers: "We'll bring in Gay marriage law by 2018"
  34. ^ P.77/2015 Same-sex marriage, divorce and dissolution
  35. ^ Same-sex marriages to be introduced in Jersey by 2017?
  36. ^ Jersey and Guernsey could have same-sex marriage by 2017
  37. ^ Additional information for P.77/2015
  38. ^ Equal marriage proposal accepted by Jersey States
  39. ^ Jersey States supports same-sex marriage
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