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Same-sex marriage in the Isle of Man

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Part of the LGBTQ 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

Same-sex marriage became legal on the Isle of Man on 22 July 2016. The territory has also allowed civil partnership since 6 April 2011.

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.

Civil partnerships

As of 2005, couples who have entered into a civil partnership in the United Kingdom are recognised by the Isle of Man Department of Health and Social Security for pension purposes. The other rights of a civil partnership were not provided.[1] In March 2009, the Chief Minister announced that a civil partnership bill would be introduced in October 2009. This bill would be modelled on the UK one, providing same-sex couples with nearly all of the rights and responsibilities of marriage.[2]

In February 2010, the civil partnership bill was introduced by the government and had its first reading in the House of Keys.[3][4][5][6][7] The bill was passed 19 to 3 in the second reading on 30 March.[8][9] Further progress toward the passage of the bill was due to take place on 27 April, but was delayed for technical reasons.[10] The bill passed the Clauses Stage on 25 May,[11][12] and was approved in the third reading on 22 June.[13][14] On 29 June, the bill had its first reading in the Legislative Council.[15] The bill passed second reading on 26 October,[16] the clauses stage on 9 November,[17] and on 23 November, the bill was passed in the third reading.[18] On 15 March 2011, the bill was signed into law.[19][20] It took effect on 6 April 2011.[21][22] It was decided in 2014 that same-sex marriages from England and Wales, as well as other marriages performed abroad, would be treated as civil partnerships on the island.[23]

In 2016, along with the legalisation of same-sex marriage, civil partnerships were opened up to opposite-sex couples, in contrast to the UK civil partnership law.[24]

Same-sex marriage

On 9 June 2015, Chief Minister Allan Bell announced his intention to repeal the law barring same-sex marriage on the island.[25] On 21 July, Bell ruled out holding a referendum on the issue.[26][27]

On 2 October 2015, the Chief Minister announced a public consultation on the issue to take place between 15 October and 13 November, with a bill allowing same-sex couples to marry to be introduced to Tynwald in 2016 depending on the results of the consultation.[28][29][30][31][32][33]

In November 2015, the Chief Minister announced that the same-sex marriage bill would have its first reading in Tynwald in December 2015 and would be implemented in 2016.[34] On 19 December, Allan Bell said that the bill would be submitted to the House of Keys in January, with the intention of having the law take effect by summer 2016.[35] The government response to the public consultation on the Marriage (Same Sex Couples) Bill was published on 22 January, with the Council of Ministers recommending that the bill be promptly introduced into the House of Keys for consideration.[36][37][38]

The bill had its first reading in the House of Keys on 2 February 2016.[39][40][41] On 9 February, the bill passed its second reading by 18–4.[42][43] The measure passed the Clauses Stage on 1 March.[44][45][46] Several amendments which would have allowed registrars to opt out of conducting same-sex marriages were rejected. One amendment the House did agree to was an amendment to allow opposite-sex couples to enter into a civil partnership.[44][45][46] Consequently, the bill was renamed as the Marriage and Civil Partnership (Amendment) Bill 2016.[44][47] On 8 March, the bill was approved in its third reading, in a 17–3 vote.[48][49] On 22 March, the bill passed its first reading in the Legislative Council, in a 6–3 vote.[50][51] On 12 April, the bill passed through both the second reading, in a 5–3 vote, and the clauses stage, with three amendments proposed by the Acting Attorney General.[52] The bill was approved in its final reading on 26 April by a vote of 6–3.[53][54][55] On 10 May, the House of Keys approved the Council's amendments in a unanimous 22 to 0 vote.[56]

The bill was signed in Tynwald Court on 21 June.[57] Some media reported that the bill was expected to be promulgated on 5 July, but it was delayed due a legal challenge lodged with the Privy Council. However, the Cabinet Office stated that the bill would receive royal assent in the Privy Council, and be officially proclaimed during the Tynwald sitting on 19 July.[58] The Chief Minister said that the UK European Union membership referendum was the reason for the delay, and that the law would take effect on 22 July.[59] The law indeed received royal assent in the Privy Council on 13 July and was proclaimed on 19 July.[60][61][62][63] It took effect three days later.[64][65] The first same-sex marriage to be registered on the Isle of Man was that of Marc and Alan Steffan-Cowell, who converted their civil partnership into a marriage on 25 July 2016.[66]

See also

References

  1. ^ "THE CIVIL PARTNERSHIP ACT 2004 (APPLICATION) (No. 2) ORDER 2005" (PDF). Isle of Man Government. Archived from the original (PDF) on 31 March 2012. Retrieved 4 March 2016.
  2. ^ "Chief minister pledges action on civil partnership bill". IOM Today. 4 March 2009. Archived from the original on 12 March 2016. Retrieved 11 January 2012.
  3. ^ Geen, Jessica (22 February 2010). "Isle of Man to consider civil partnerships for gay couples". PinkNews. Archived from the original on 4 March 2016. Retrieved 11 January 2012.
  4. ^ "Isle of Man to consider civil partnership bill". BBC News. 22 February 2010. Archived from the original on 6 March 2016. Retrieved 11 January 2012.
  5. ^ "Civil Partnerships Bill to progress". Energy FM. 26 March 2010. Archived from the original on 30 March 2012. Retrieved 4 March 2016.
  6. ^ "Civil Partnership Bill to go before Keys later this month". IOM Today. 1 March 2010. Archived from the original on 3 March 2016. Retrieved 11 January 2012.
  7. ^ "HOUSE OF KEYS VOTES AND PROCEEDINGS Tuesday 23 February 2010" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  8. ^ "30 Mar 2010 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  9. ^ "Are dark days of intolerance over?". IOM Today. 8 April 2010. Archived from the original on 3 March 2016. Retrieved 11 January 2012.
  10. ^ "Isle of Man civil partnership bill debate delayed". BBC News. 27 April 2010. Archived from the original on 6 March 2016. Retrieved 11 January 2012.
  11. ^ "25 May 2010 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 12 March 2016. Retrieved 12 March 2016.
  12. ^ "Civil Partnership bill progresses through Keys". IOM Today. 27 May 2010. Archived from the original on 3 March 2016. Retrieved 11 January 2012.
  13. ^ "HOUSE OF KEYS VOTES AND PROCEEDINGS Tuesday 22 June 2010" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  14. ^ "Keys continues to support Civil Partnership Bill". Manx Telecom. 23 June 2010. Archived from the original on 24 February 2016. Retrieved 11 January 2012.
  15. ^ "LEGISLATIVE COUNCIL VOTES AND PROCEEDINGS TUESDAY 29TH JUNE 2010" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  16. ^ "LEGISLATIVE COUNCIL VOTES AND PROCEEDINGS TUESDAY 26TH OCTOBER 2010" (PDF). Tynwald. Archived from the original (PDF) on 12 March 2016. Retrieved 12 March 2016.
  17. ^ "LEGISLATIVE COUNCIL VOTES AND PROCEEDINGS TUESDAY 9TH NOVEMBER 2010" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  18. ^ "23 Nov 2010 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  19. ^ Corker, Sarah (15 March 2011). "Isle of Man gay couples get right to civil partnership". BBC News. Archived from the original on 28 January 2016. Retrieved 11 January 2012.
  20. ^ "Civil Partnership Bill Given Royal Assent". 3FM. 15 March 2011. Archived from the original on 4 March 2016. Retrieved 11 January 2012.
  21. ^ "Isle of Man gay couples can register for civil partnership". BBC News. 6 April 2011. Archived from the original on 12 January 2016. Retrieved 24 March 2016.
  22. ^ "Civil Partnership legislation officially introduced today". 3FM. 6 April 2011. Archived from the original on 15 February 2016. Retrieved 11 January 2012.
  23. ^ Turley, Jackie (24 June 2014). "Same-sex marriages to be treated as civil partnerships in Isle of Man". IOM Today. Archived from the original on 10 March 2016.
  24. ^ "Island better than UK for equality now". IOMToday. 22 July 2016. Archived from the original on 22 July 2016. Retrieved 22 July 2016.
  25. ^ "Chief Minister looks to legalise same-sex marriage". 3FM. 9 June 2015. Archived from the original on 9 July 2015. Retrieved 12 March 2016.
  26. ^ "21 Jul 2015 Tynwald Hansard" (PDF). Tynwald. Archived from the original (PDF) on 8 December 2015. Retrieved 12 March 2016. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  27. ^ "No referendum on same-sex marriage says Chief". 3FM. 22 July 2015. Archived from the original on 4 March 2016. Retrieved 12 March 2016.
  28. ^ "Isle of Man chief minister backs same-sex marriage bill". BBC News. 2 October 2015. Archived from the original on 30 January 2016. Retrieved 2 October 2015.
  29. ^ "Isle of Man to hold consultation on same-sex marriage proposals". ITV. 2 October 2015. Archived from the original on 3 December 2015. Retrieved 2 October 2015.
  30. ^ "Consultation to be held on same sex marriage". Isle of Man Government. 2 October 2015. Archived from the original on 4 March 2016. Retrieved 3 October 2015.
  31. ^ "Consultation paper on same-sex marriage for Manx couples". IOM Today. 15 October 2015. Archived from the original on 4 March 2016. Retrieved 15 October 2015.
  32. ^ "Consultations – Marriage of Same Sex Couples". Isle of Man Government. 15 October 2015. Archived from the original on 4 March 2016. Retrieved 15 October 2015.
  33. ^ "Same sex marriage consultation document published". Isle of Man Government. 15 October 2015. Archived from the original on 4 March 2016. Retrieved 15 October 2015.
  34. ^ "Summer target for same sex marriage law". 3FM. 11 November 2015. Archived from the original on 4 March 2016. Retrieved 12 March 2016.
  35. ^ "Summer target for same sex marriages". 3FM. 19 December 2015. Archived from the original on 4 March 2016. Retrieved 12 March 2016.
  36. ^ "Response to the consultation on the draft Marriage (Same Sex Couples) Bill" (PDF). Isle of Man Government Cabinet Office. 22 January 2016. Archived from the original (PDF) on 30 January 2016. Retrieved 12 March 2016.
  37. ^ "Most back same sex marriage law". IOM Today. 22 January 2016. Archived from the original on 4 February 2016. Retrieved 12 March 2016.
  38. ^ "Same sex marriage proposals split opinion in the Isle of Man". BBC News. 25 January 2016. Archived from the original on 29 February 2016. Retrieved 12 March 2016.
  39. ^ "02 Feb 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  40. ^ "Marriage (Same Sex Couples) Bill 2016" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  41. ^ "MARRIAGE (SAME SEX COUPLES) BILL 2016 – EXPLANATORY NOTES" (PDF). Tynwald. Archived from the original (PDF) on 15 February 2016. Retrieved 12 March 2016.
  42. ^ "Step forward for same-sex marriage plans". 3FM. 10 February 2016. Archived from the original on 12 March 2016. Retrieved 12 March 2016.
  43. ^ "09 Feb 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 2 March 2016. Retrieved 12 March 2016.
  44. ^ a b c "01 Mar 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 7 March 2016. Retrieved 12 March 2016.
  45. ^ a b "Landmark for same sex marriage bill". Manx Radio. 1 March 2016. Archived from the original on 2 March 2016.
  46. ^ a b Darbyshire, Adrian (4 March 2016). "Same sex marriage opt outs rejected". Isle of Man Today. Archived from the original on 6 March 2016.
  47. ^ "Marriage and Civil Partnership (Amendment) Bill 2016" (PDF). Tynwald. Archived from the original (PDF) on 3 March 2016. Retrieved 12 March 2016.
  48. ^ "08 Mar 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 10 March 2016. Retrieved 12 March 2016.
  49. ^ Perraudin, Frances (9 March 2016). "Isle of Man equal marriage law more progressive than UK, says Peter Tatchell". The Guardian. Archived from the original on 10 March 2016. Retrieved 12 March 2016.
  50. ^ "22 Mar 2016 Legislative Council Hansard" (PDF). Tynwald. Archived from the original (PDF) on 24 March 2016. Retrieved 24 March 2016.
  51. ^ Turner, John (24 March 2016). "Same sex marriage approved by Isle of Man's Legislative Council". IOM Today. Archived from the original on 24 March 2016. Retrieved 24 March 2016.
  52. ^ "Legislative Council - Hansard - 12 April 2016 (see pages 7-22)" (PDF). Tynwald. Archived from the original (PDF) on 15 April 2016. Retrieved 15 April 2016.
  53. ^ "Isle of Man same-sex marriage bill approved". BBC News. 26 April 2016. Archived from the original on 28 April 2016. Retrieved 28 April 2016.
  54. ^ Duffy, Nick (26 April 2016). "Isle of Man finally passes same-sex marriage". PinkNews. Archived from the original on 27 April 2016. Retrieved 28 April 2016.
  55. ^ "26 Apr 2016 Legislative Council Hansard" (PDF). Tynwald. Archived from the original (PDF) on 28 April 2016. Retrieved 28 April 2016.
  56. ^ "10 May 2016 House of Keys Hansard" (PDF). Tynwald. Archived from the original (PDF) on 12 May 2016. Retrieved 12 May 2016.
  57. ^ "21 June 2016 Tynwald Hansard" (PDF). Tynwald. Archived from the original (PDF) on 9 July 2016. Retrieved 9 July 2016.
  58. ^ "Same-sex marriage halted". Manx.net. 5 July 2016. Archived from the original on 9 July 2016. Retrieved 9 July 2016.
  59. ^ "Gay marriage bill on course to be law". Manx Radio. 9 July 2016. Archived from the original on 9 July 2016. Retrieved 9 July 2016.
  60. ^ "Orders in Council 13 July 2016 - part 4" (PDF). Privy Council of the United Kingdom. p. 8. Archived from the original (PDF) on 27 July 2016. Retrieved 27 July 2016.
  61. ^ "From Friday same-sex couples will be able to get married in the Isle of Man". IOMToday. 19 July 2016. Archived from the original on 19 July 2016. Retrieved 19 July 2016.
  62. ^ "Same-sex union bill clears final hurdle". Manx Radio. 19 July 2016. Archived from the original on 19 July 2016. Retrieved 19 July 2016.
  63. ^ "Same-sex Manx marriages can go ahead after Royal Assent". BBC News. 19 July 2016. Archived from the original on 19 July 2016. Retrieved 19 July 2016.
  64. ^ "Same sex marriage legal from today". Manx Radio. 22 July 2016. Archived from the original on 22 July 2016. Retrieved 22 July 2016.
  65. ^ "Same-sex couples can now marry in the Isle of Man". ITV Granada. 22 July 2016. Archived from the original on 22 July 2016. Retrieved 22 July 2016.
  66. ^ "First same-sex marriage conversion on Isle of Man 'huge milestone'". BBC News. 28 July 2016. Archived from the original on 29 July 2016.
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