Recognition of same-sex unions in Guernsey
Includes laws that have not yet gone into effect.
Guernsey recognise same-sex marriage performed abroad for some purposes, but such marriages cannot be performed in the territory. A motion to support same-sex marriage was approved by the States in December 2015, though formal implementation is likely to occur in early 2017.[1]
Contents
Recognition of abroad civil partnership and same-sex marriage
In Guernsey, civil partnerships performed in the United Kingdom and other relationships treated as such by the UK law have been recognised for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012, after approval by the States of Guernsey in December 2011.[2][3][4]
On 10 December 2015, the States approved the ordinance to recognize same-sex marriage and civil partnership performed abroad for the purposes of the Income Tax (Guernsey) Law, 1975. It will take effect on 1 January 2017.[5][6][7][8][9] On the same day, the States directed the preparation of the legislation to amend the Inheritance (Guernsey) Law, 2011 to recognise abroad same-sex marriages for its purposes.[7][10] The bill to this effect was submitted on 22 January 2016, and approved by the States on 2 March.[11][12][13] The law took effect upon registration on the records of the island on 16 May.[14][15]
On 17 June 2015, the States of Alderney unanimously approved the Inheritance (Alderney) Law, 2015, which include provision to recognise same-sex marriage and civil partnership performed abroad for its purposes.[16][17] It was registered on the records of the island on 9 November 2015 and took effect on 1 January 2016.[18][19]
Same-sex marriage
In January 2014 it was announced that within the next twelve months Deputies would debate whether to accept a States-recognised civil union proposal.[20] The proposed law, titled Union Civile, was said to be "the most forward-looking marriage law" in the world. The measure would end state-sanctioned marriages of any couple and instead replace it with Union Civile.[21] A consultation on the proposed Union Civile law began on 1 June 2015 and lasted until 13 July 2015.[22][23][24][25] If passed, the law will not apply to the entire bailiwick, but just to the islands of Guernsey, Herm, Jethou and Lihou.[26] On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.[27] On 30 October 2015, the Policy Council of Guernsey dropped the Union Civile plans and released a States Report asking the States to agree on introducing a same-sex marriage law and to direct the preparation of legislation to implement it at its meeting on 9 December 2015.[28][29] The States approved the proposal on 10 December 2015, in a 37–7 vote. An amendments to introduce civil partnerships or Union Civile rather than same-sex marriage were rejected.[30][31][32][33]
In February 2016, the working group, which consists of the Chief Minister Jonathan Le Tocq and Deputies Elis Bebb and Chris Green, was established in order to prepare the draft bill.[34]
See also
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ The Inheritance (Guernsey) Law, 2011
- ↑ The Inheritance (Guernsey) Law, 2011 (Commencement) Ordinance, 2012
- ↑ Private client law in Guernsey: overview
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ BILLET D’ÉTAT No. XXIII, 2015 9th DECEMBER 2015, pages 9–12
- ↑ 7.0 7.1 Resolutions, Billet XXIII, 8th & 10th December 2015
- ↑ The Income Tax (Guernsey) (Amendment) Ordinance, 2015 - Amendment
- ↑ The Income Tax (Guernsey) (Amendment) Ordinance, 2015
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ The Inheritance (Amendment) (Guernsey) Law, 2016
- ↑ Legislation most recently registered or approved
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Hansard Report from States Meeting on 17th June 2015
- ↑ Legislation most recently registered or approved
- ↑ Inheritance (Alderney) Law, 2015 (Commencement) Ordinance, 2015
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Guernsey States bids to axe 'marriage' for Union Civile
- ↑ Union Civile Consultation
- ↑ Union Civile proposal goes out to consultation
- ↑ Union Civile Consultation Launch
- ↑ Union Civile Consultation Frequently Asked Questions
- ↑ Consultation shows majority support same-sex marriage
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Guernsey same-sex couples: Hundreds support legal recognition plans
- ↑ Same-sex marriage gets Guernsey States approval
- ↑ Guernsey will introduce same-sex marriage
- ↑ Policy Council - Same-Sex Partnerships - Amendments
- ↑ Policy Council - Same-Sex Partnerships - Voting Records
- ↑ Same-Sex Marriage Working Group progresses new legislation
