Same-sex marriage in Gibraltar

Same-sex marriage has been legal in Gibraltar since 15 December 2016. A bill for the legalisation of same-sex marriages was approved by the Parliament on 26 October 2016 and received royal assent on 1 November 2016. Gibraltar was the sixth British Overseas Territory to legalise same-sex marriage, after South Georgia and the South Sandwich Islands, Akrotiri and Dhekelia, the British Indian Ocean Territory, the Pitcairn Islands, and the British Antarctic Territory.

Gibraltar has also recognised civil partnerships providing similar rights and responsibilities to those of marriage since 28 March 2014.

Civil partnerships

In January 2014, a civil partnership bill was published for community consultation and headed for introduction in the Gibraltar Parliament.[http://www.gibraltarlaws.gov.gi/commandpapers/C04-2013.pdf Command Paper on a draft bill to make provision for civil partnerships] On 21 March, the bill was approved by Parliament with no noticeable opposition.[http://www.pinknews.co.uk/2014/03/21/gibraltar-approves-civil-partnerships-bill/ Gibraltar approves civil partnerships bill] It was given royal assent on 25 March by Governor James Dutton, officially becoming the Civil Partnership Act 2014. The law and related rules and regulations took effect on 28 March.{{Cite web |url=http://www.gibraltarlaws.gov.gi/articles/2014-10o.pdf |title=CIVIL PARTNERSHIP ACT 2014 |access-date=18 August 2016 |archive-date=7 April 2014 |archive-url=https://web.archive.org/web/20140407091751/http://www.gibraltarlaws.gov.gi/articles/2014-10o.pdf |url-status=dead }}[http://www.gibraltarlaws.gov.gi/articles/2014s038.pdf CIVIL PARTNERSHIP (FEES) REGULATIONS 2014][http://www.gibraltarlaws.gov.gi/articles/2014s039.pdf CIVIL PARTNERSHIP RULES 2014][http://www.gibraltarlaws.gov.gi/articles/2014-10M.pdf CIVIL PARTNERSHIP] The law also allows adoption by civil partners, as mandated by a court ruling in 2013.

Party	style="width:20%;"\| Voted for	Voted against	Absent (Did not vote)
class="wikitable" \|+21 March 2014 vote in the Gibraltar Parliament{{Cite web\|url=http://www.parliament.gi/images/hansard/hansard_2014/friday_21_march_2014_morning_session.pdf\|title=Proceedings of the Gibraltar Parliament (Friday, 21st March 2014; Morning Session)\|language=en\|date=21 March 2014\|access-date=2 January 2017}}
{{Color box\|{{party color\|Gibraltar Socialist Labour Party}}}} Socialist Labour Party \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 7 \|1= Paul Balban \|2= Joseph Bossano \|3= John Cortes \|4= Gilbert Licudi \|5= Fabian Picardo \|6= Samantha Sacramento \|7= Albert Isola }} \| – \| –
{{Color box\|{{party color\|Gibraltar Social Democrats}}}} Social Democrats \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 6 \|1= Damon Bossino \|2= Isobel Ellul-Hammond \|3= Daniel Feetham \|4= Selwyn Figueras \|5= James Netto \|6= Edwin Reyes }} \| – \| {{collapsible list \| title= 1 \|1= Peter Caruana }}
{{Color box\|{{party color\|Liberal Party of Gibraltar}}}} Liberal Party \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 3 \|1= Neil Costa \|2= Joseph Garcia \|3= Steven Linares }} \| – \| –
style="text-align:center;" rowspan="2" \| Total	{{Yes\|16\|align=center}}	style="text-align:center;" \| 0	style="text-align:center;" \| 1
style="text-align:center;" \| {{percentage\|16\|17\|1}} \| style="text-align:center;" \| {{percentage\|0\|17\|1\|pad=yes}} \| style="text-align:center;" \| {{percentage\|1\|17\|1}}

Civil partnerships offer the same rights and benefits as marriage in terms of inheritance tax, property rights, social security, pension benefits, next of kin rights in hospitals, adoption rights, and others.

Same-sex marriage

=Legislative action=

The GSLP–Liberal Alliance, re-elected in 2015, included the following commitment in their election manifesto: "We will now publish a Command Paper in order to take the views of the public on how to best deal with the request by some for civil marriage to be extended to same sex couples. We are totally committed both to ensuring that religious denominations are not forced to change their practices, beliefs or sacraments in any way and to the principle that the State must not discriminate between individuals based on the grounds of sexual orientation. The results of the responses to the Command Paper will be published by June [2016]."[https://indd.adobe.com/view/b15f4b3e-1bf6-49bf-b835-6b151e42a83e GSLP/Liberals Manifesto 2015], pages 95-96 The Equality Rights Group (ERG) said it "did not go far enough" and asked for more commitment to introduce same-sex marriage.{{cite web|url=http://www.gbc.gi/news/erg-asks-more-commitment-equal-marriage-30939|title=ERG asks for more commitment on Equal Marriage|work=GBC: Gibraltar News|date=16 November 2015|archive-url=https://web.archive.org/web/20161217225911/http://www.gbc.gi/news/erg-asks-more-commitment-equal-marriage-30939|archive-date=17 December 2016|url-status=dead|df=dmy-all}} On 22 December 2015, a command paper on introducing same-sex marriage was published and was under public consultation until 15 January 2016.{{cite web|url=http://www.gibraltarlaws.gov.gi/commandpapers/C14-2015.pdf|title=Command Paper on a draft Act to make amendments to the Marriage Act to make provision for same sex marriage and enable civil partners to convert their partnership into marriage|work=Government of Gibraltar|date=22 December 2015|archive-url=https://web.archive.org/web/20161217230211/http://www.gibraltarlaws.gov.gi/commandpapers/C14-2015.pdf|archive-date=17 December 2016}}[http://www.gbc.gi/news/command-paper-published-same-sex-marriage-31191 Command Paper published on same sex marriage][http://www.equalitygib.org/2015/12/we-welcome-same-sex-marriage-announcement-but-were-not-quite-there-yet.html We welcome Same Sex Marriage announcement – but we’re not quite there yet!], Equality Rights Group On 4 January 2016, it was announced that the consultation period had been extended to 29 January 2016.[http://www.gbc.gi/news/consultation-period-extended-same-sex-marriage-bill-31233 Consultation period extended for same-sex marriage Bill (GBC)][http://www.yourgibraltartv.com/politics/10812-jan-04-extension-to-same-sex-marriage-consultation-period Jan 04 - Extension Of Same Sex Marriage Consultation Period (YGTV)][https://www.gibraltar.gov.gi/new/sites/default/files/press/2016/Press%20Releases/2-2016.pdf Extension to Consultation Period for Command Paper on Marriage Act] On 5 January, a government spokesman said that a referendum on the issue would not be ruled out until all the comments submitted by the public had been considered.[http://www.gbc.gi/news/referendum-question-gay-marriage-has-apparently-not-been-ruled-out-31251 Referendum on the question of gay marriage has apparently not been ruled out (GBC)]

On 18 January 2016, in his New Year's message, Daniel Feetham, leader of the Social Democrats, declared his support for same-sex marriage and, despite allowing members of his party a free vote on matters of conscience, said that his parliamentary colleagues all supported the issue as well. He said that it was up to the Government of Gibraltar to decide on how to proceed with the issue.[http://www.gbc.gi/news/opposition-would-support-same-sex-marriage-legislation-says-feetham-31342 Opposition would support same-sex marriage legislation, says Feetham (GBC)][http://www.yourgibraltartv.com/politics/10902-jan-18-new-year-s-message-by-the-leader-of-the-opposition Jan 18 - New Year’s Message By The Leader Of The Opposition (YGTV)] On 20 January 2016, Chief Minister Fabian Picardo announced that there would be no referendum on same-sex marriage after a parliamentary debate on the issue was initiated by the opposition Social Democrats.[http://www.equalitygib.org/2016/01/breaking-news-there-will-be-no-referendum-to-decide-same-sex-marriage.html BREAKING NEWS: there will be NO Referendum to decide same-sex marriage! (ERG)][http://www.yourgibraltartv.com/politics/10918-jan-20-erg-welcomes-parliamentary-announcement Jan 20 - ERG Welcomes Parliamentary Announcement (YGTV)] In that same debate, Picardo said he expected the feedback from the consultation process to improve the same-sex marriage bill.[http://www.gbc.gi/news/new-members-debut-parliament-31355 New members debut in Parliament (GBC)]

On 21 March 2016, the government announced it had received 3,490 responses to the public consultation and that, due to the controversial nature of the subject, it would establish an Inter-Ministerial Committee (composed of four government ministers: Gilbert Licudi, Samantha Sacramento, Neil Costa, and Albert Isola) to listen to the views of the various groups and individuals who had expressed a view on the subject, and report its findings back to the cabinet by June 2016.[http://chronicle.gi/2016/03/over-3400-responses-to-equal-marriage-command-paper/ Over 3,400 responses to ‘Equal Marriage’ Command Paper (Gibraltar Chronicle)][http://www.gbc.gi/news/nearly-3500-submissions-equal-marriage-command-paper-31781 Nearly 3,500 submissions on equal marriage command paper (GBC)][https://www.gibraltar.gov.gi/new/sites/default/files/press/2016/Press%20Releases/128-2016.pdf Equal Marriage: Responses to Command Paper] In response to the announcement, the chairman of the Equality Rights Group, Felix Alvarez, questioned the commitment of the governing GSLP–Liberal Alliance to legislate on the matter and urged both "the LGBT community at large and their friends and supporters to remain calm and reserve their responses until the government comes up with a definitive answer on how to handle this situation". Based on its own statistics and past advocacy efforts, the ERG claimed that over 63% of those consultation responses were in favor of same-sex marriage and that "the situation should not be made more complicated than it should be".[http://www.yourgibraltartv.com/politics/11312-mar-21-erg-says-government-s-behaviour-regarding-equal-marriage-consultation-is-fidgety-and-indecisive Mar 21 - ERG Says Government's Behaviour Regarding Equal Marriage Consultation Is "Fidgety And Indecisive" (YGTV)]

A government bill on the legalisation of same-sex marriage was published on 15 August 2016.{{cite web|url=http://www.gbc.gi/news/bill-allow-civil-marriage-between-same-sex-couples-32934|title=Bill to allow civil marriage between same-sex couples|work=GBC: Gibraltar News|date=15 August 2016|archive-url=https://web.archive.org/web/20161217230654/http://www.gbc.gi/news/bill-allow-civil-marriage-between-same-sex-couples-32934|archive-date=17 December 2016}}[http://elpais.com/elpais/2016/08/15/inenglish/1471254591_493303.html Gibraltar puts same-sex marriage bill before Parliament]{{cite web|url=http://www.gibraltarlaws.gov.gi/bills/bills2016/2016B20.pdf|title=Civil Marriage Amendment Bill 2016|work=Government of Gibraltar|date=15 August 2016|archive-url=https://web.archive.org/web/20161217230905/http://www.gibraltarlaws.gov.gi/bills/bills2016/2016B20.pdf|archive-date=17 December 2016}} On 26 October 2016, the Civil Marriage Amendment Act 2016 was passed in the Gibraltar Parliament with unanimous support from all 15 members present during the vote. An amendment to remove a controversial part of the bill which allowed deputy registrars to opt out of conducting same-sex marriages was defeated 11 to 4 with only some of the Opposition MPs voting in favor.{{cite web|url=http://www.gbc.gi/news/equal-marriage-bill-passed-parliament-33549|title=Equal marriage bill passed by Parliament|work=GBC: Gibraltar News|date=26 October 2016|archive-url=https://web.archive.org/web/20161217231128/http://www.gbc.gi/news/equal-marriage-bill-passed-parliament-33549|archive-date=17 December 2016}}[http://www.pinknews.co.uk/2016/10/26/gibraltar-approves-same-sex-marriage/ Gibraltar approves same-sex marriage][http://www.gaytimes.co.uk/news/52217/gibraltar-votes-legalise-sex-marriage/ Gibraltar votes unanimously to legalise same-sex marriage] The bill required that, in circumstances where a deputy registrar did not agree to officiate a same-sex marriage, an alternative registrar had to be assigned to conduct the marriage.{{cite web|url=http://chronicle.gi/2016/10/parliament-passes-same-sex-marriage-law/|title=Parliament passes same-sex marriage law|work=Gibraltar Chronicle|date=27 October 2016|archive-url=https://web.archive.org/web/20161217231413/http://chronicle.gi/2016/10/parliament-passes-same-sex-marriage-law/|archive-date=17 December 2016}} The bill received royal assent by Deputy Governor Nick Pyle, acting for Governor Ed Davis, on 1 November and took effect on 15 December 2016.{{cite web|url=http://www.gibraltarlaws.gov.gi/articles/2016-22.pdf|title=Civil Marriage Amendment Act 2016 [No. 22 of 2016]|work=Government of Gibraltar|date=1 November 2016|archive-url=https://web.archive.org/web/20161217231602/http://www.gibraltarlaws.gov.gi/articles/2016-22.pdf|archive-date=17 December 2016}}{{cite web|url=http://www.gibraltarlaws.gov.gi/articles/2016s248.pdf|title=Civil Marriage Amendment Act 2016 - Notice of Commencement|work=Government of Gibraltar|archive-url=https://web.archive.org/web/20161217231845/http://www.gibraltarlaws.gov.gi/articles/2016s248.pdf|archive-date=17 December 2016}} The first same-sex marriage in Gibraltar was performed the following day at the Registry Office between Aaron Mills and Adrian Charles Triay-Dignam.{{cite web|url=http://www.gbc.gi/news/first-same-sex-marriage-takes-place-rock-34024|title=First same-sex marriage takes place on the Rock|work=GBC: Gibraltar News|date=16 December 2016|archive-url=https://web.archive.org/web/20161217232344/http://www.gbc.gi/news/first-same-sex-marriage-takes-place-rock-34024|archive-date=17 December 2016}}{{cite web|url=http://chronicle.gi/2016/12/gibraltar-celebrates-first-same-sex-marriage/|title=Gibraltar celebrates first same sex marriage|work=Gibraltar Chronicle|date=17 December 2016|archive-url=https://web.archive.org/web/20161217232634/http://chronicle.gi/2016/12/gibraltar-celebrates-first-same-sex-marriage/|archive-date=17 December 2016}}

Party	style="width:20%;"\| Voted for	Voted against	Absent (Did not vote)
class="wikitable" \|+26 October 2016 vote in the Gibraltar Parliament{{Cite web\|url=http://www.parliament.gi/images/hansard/hansard_2016/wednesday_26_october_morning_session.pdf\|title=Proceedings of the Gibraltar Parliament (Wednesday, 26th October 2016; Morning Session)\|language=en\|date=26 October 2016\|access-date=15 December 2016}}
{{Color box\|{{party color\|Gibraltar Socialist Labour Party}}}} Socialist Labour Party \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 6 \|1= Paul Balban \|2= Joseph Bossano \|3= John Cortes \|4= Gilbert Licudi \|5= Fabian Picardo \|6= Samantha Sacramento }} \| – \| {{collapsible list \| title= 1 \|1= Albert Isola }}
{{Color box\|{{party color\|Gibraltar Social Democrats}}}} Social Democrats \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 5 \|1= Daniel Anthony Feetham \|2= Edwin Reyes \|3= Roy Clinton \|4= Lawrence Llamas \|5= Elliott Phillips }} \| – \| {{collapsible list \| title= 1 \|1= Peter Caruana }}
{{Color box\|{{party color\|Liberal Party of Gibraltar}}}} Liberal Party \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 3 \|1= Neil Costa \|2= Joseph Garcia \|3= Steven Linares }} \| – \| –
{{color box\|{{party color\|Independent}}}} Independent \| style="background-color:#CCFFCC;"\| {{collapsible list \|title= 1 \|1= Marlene Hassan-Nahon }} \| – \| –
style="text-align:center;" rowspan="2" \| Total	{{Yes\|15\|align=center}}	style="text-align:center;" \| 0	style="text-align:center;" \| 2
style="text-align:center;" \| {{percentage\|15\|17\|1}} \| style="text-align:center;" \| {{percentage\|0\|17\|1\|pad=yes}} \| style="text-align:center;" \| {{percentage\|2\|17\|1}}

The law introduced a new definition of "parties" to a marriage in the Marriage Act:

{{blockquote|"parties" includes opposite sex and same sex couples}}

In May 2017, a same-sex couple seeking to convert their civil partnership into a marriage were told to divorce first by authorities, who cited a lack of legislation for converting a civil partnership to a marriage. This occurred despite the Equality Rights Group confirming that such a provision existed in the law, and that the matter was simply one of excessive paperwork.{{cite web|url=http://www.gibraltarolivepress.com/2017/05/25/gay-couple-must-get-divorced-can-get-gibraltar-wedding-certificate/|title=Gay couple must get divorced to receive wedding certificate|work=Gibraltar Olive Press|date=25 May 2017}}{{cite web|url=http://www.gbc.gi/news/erg-accuses-government-not-delivering-drug-rehabilitation-improvements-other-social-issues|title=ERG accuses Government of not delivering on drug rehabilitation improvements & other social issues|work=GBC Gibraltar News|date=28 June 2017}} The law was officially amended in late 2019 so that deputy registrars are no longer able to opt-out of performing civil same-sex marriages. The amendment was assented by Governor Ed Davis and gazetted shortly thereafter.{{cite web|url=https://www.gbc.gi/news/marriage-act-officially-amended-so-deputy-registrars-will-no-longer-be-able-opt-out-performing-same-|title=Marriage Act officially amended so Deputy registrars will no longer be able to opt-out of performing same-sex marriages|website=www.gbc.gi|date=27 December 2019}}

=Statistics=

By October 2017, 39 same-sex marriages had taken place in Gibraltar, with 32 of these being between couples from overseas; 25 between two men and 7 between two women.{{cite web|url=https://www.chronicle.gi/gib-becomes-popular-as-same-sex-marriage-destination/|title=Gib becomes popular as same-sex marriage destination|work=Gibraltar Chronicle|date=20 October 2017|first=Eyleen|last=Gomez}}

=Religious performance=

Religious denominations are permitted to solemnise same-sex marriages. The Civil Marriage Amendment Act 2016 provides that ministers may not be compelled by any means to carry out a same-sex wedding if this would violate their personal beliefs.{{cite web|url=https://www.gibraltarlaws.gov.gi/legislations/civil-marriage-amendment-act-2016-3098|title=Civil Marriage Amendment Act 2016|date=3 November 2016|work=Laws of Gibraltar|archive-url=https://web.archive.org/web/20211018050225/https://www.gibraltarlaws.gov.gi/legislations/civil-marriage-amendment-act-2016-3098|archive-date=18 October 2021}}

The Methodist Church of Great Britain has allowed its ministers to conduct same-sex marriages since 2021. The Methodist Conference voted 254 to 46 in favour of the move in June 2021. A freedom of conscience clause allows ministers with objections to opt out of performing same-sex weddings.{{Cite news |url=https://www.theguardian.com/society/2021/jun/30/methodist-church-allows-same-sex-marriage-after-vote |title=Methodist church to allow same-sex marriage after 'historic' vote |author=Harriet Sherwood |work=The Guardian |date=30 June 2021 |access-date=30 June 2021}}{{cite web|url=https://www.bbc.com/news/uk-england-57658161|title=Methodist Church allows same-sex marriage in 'momentous' vote|website=BBC News|date=1 July 2021|author=Harry Farley}} Reverend Fidel Patron of the Gibraltar Methodist Church responded in July 2021 that the church was "not in a position to answer yet" as to whether the church would perform same-sex weddings.{{cite web|url= https://www.gbc.gi/news/gibraltar-methodist-church-not-answer-whether-plans-allow-same-sex-marriage|title= Gibraltar Methodist Church 'not in a position to answer' as to whether it plans to allow same-sex marriage|work=GBC Online|date=7 July 2021}}

References

External links

{{cite web|url=https://www.gibraltarlaws.gov.gi/legislations/civil-marriage-amendment-act-2016-3098|title=Civil Marriage Amendment Act 2016|date=3 November 2016|work=Laws of Gibraltar|archive-url=https://web.archive.org/web/20211018050225/https://www.gibraltarlaws.gov.gi/legislations/civil-marriage-amendment-act-2016-3098|archive-date=18 October 2021}}

{{LGBT unions and rights in the territories of the United Kingdom}}

Category:LGBTQ rights in Gibraltar

Gibraltar

Category:2016 in LGBTQ history