LGBT rights in Bermuda

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LGBT rights in Bermuda
Bermuda
Same-sex sexual activity legal? Legal since 1994,
age of consent not equalised
Gender identity/expression No recognition of gender identity (see below)
Military service Allowed (see below)
Discrimination protections Sexual orientation protections (see below)
Family rights
Recognition of
relationships		 No recognition of same-sex couples
Adoption Yes Since 2015

Lesbian, gay, bisexual, and transgender (LGBT) persons in Bermuda face legal challenges not experienced by non-LGBT persons. Homosexuality is legal in Bermuda, but the country has long held a reputation for being anti-gay.[1][2] It is illegal to discriminate on the basis of sexual orientation in Bermuda, but not on the basis of gender identity.

Law regarding same-sex sexual activity

Prior to 1994, gay male sexual conduct were punishable by up to ten years imprisonment. Following the passing of the Stubbs Bill in that year, gay male sexual conduct was legalised in Bermuda, but with a higher age of consent for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct.

Gender identity/expression

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See also: Legal aspects of transsexualism

Lua error in package.lua at line 80: module 'strict' not found. There is no legal recognition of "gender identity", and thus, by omission, no protection from discrimination.[3] The ability of persons to express their gender identity is often difficult; for example, in 2006, the government attempted to ban Mark Anderson, also known as the drag queen "Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local mores and sensitivities.[4] In mid-2009 it was announced that gay Bermudians would be participating in Pride London, with an estimated 30 LGBT London residents from Bermuda marching,[5] and that it hoped to follow in Anderson's footsteps and participate in a future Bermuda Day parade; gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families.[6]

Recognition of same-sex relationships

Lua error in package.lua at line 80: module 'strict' not found. There is no official recognition of same-sex couples. In 2004, the government made it clear that same-sex civil unions, much less same-sex marriage, would not be considered.[7]

Socially, the situation is hard enough that some gay residents have chosen to emigrate, particularly to London in Great Britain (of which Bermudians are citizens), in order to be able to openly be in same-sex relationships. One such emigrant noted that gay relationships have to essentially be secret, with partners introduced only as "friends" and relationships between two Bermudians as being very difficult.[8]

An opinion poll in July 2010 showed 27% in favour of same-sex marriage and 51% against.[9]

On June 18, 2013, newly elected Premier and leader of the OBA Craig Cannonier ruled out same-sex marriage in Bermuda, stating, "I can assure you that under my leadership this is not about same sex marriage, and under my leadership that will not happen." [10][11]

In February 2015, Hellman J handed down a ruling from the Supreme Court of Bermuda, finding that direct discrimination had been found on the grounds of marital status and indirect discrimination had been found on the grounds of sexual orientation, when a same sex couple had been denied the ability to apply for an adoption in Bermuda. As a result, the Adoption of Children Act applies equally to married and non-married couples (and as as result, same-sex couples).[12]

A October 2015 Global Research’s poll, commissioned by The Royal Gazette, found that 48% of Bermudians supported same-sex marriage, 44% were against.[13]

A November, 2015 ruling from the Supreme Court of Bermuda found that those in-binational same-sex partnerships with Bermudans should have the same rights to employment and benefits as all other spouses in Bermuda, without restrictions from immigration requirements. The government did not indicate that they would appeal the decision; however, they did ask for implementation of the judgment to be suspended for an evaluation of the full scope of the judgment on such laws effecting "bankruptcy, estates, wills, succession rules, the right to inherit or receive bequests, health insurance legislation, pensions and social insurance".[14]

Military service

The Bermuda Regiment does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style conscription. Officially, members of the Regiment are prohibited from discriminating against or harassing gay soldiers;[15] such activities, however, are tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".[16]

Discrimination protections

In 2013, the Parliament of Bermuda approved legislation that prohibits discrimination on the basis of sexual orientation.[17][18] Prior to this legislation, Bermuda's Human Rights Commission had repeatedly recommended that the government change discrimination laws.[19] In late 2004, the Government of Bermuda promised to amend the Human Rights Act to cover sexual orientation,[20][21]—but by late 2005 the matter appeared to have been quietly dropped,[22] until the following year. In 2006, an amendment to the Human Rights Act was proposed in the House of Assembly of Bermuda, but the Parliament of Bermuda refused to even discuss the issue.[23] In April 2007 an activist group called "Two Words and a Comma" was formed to pressure the government of Bermuda into amending the act.[19] Following his sudden resignation from Cabinet in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended Human Rights Bill in Fall 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to re-table to do so; Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans.[5] In November of that year, following a mention in the annual speech from the throne that the Human Rights Act was to be amended, a rumour circulated that this would include protection for gays.[24] Premier Brown's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation.[25]

Bermudians have tried to appeal to the British Parliament regarding LGBT discrimination,[3] prompting the Foreign Affairs Committee to recommend that the British government should take steps to extend human rights in the British overseas territories (BOT), for which Britain is ultimately responsible.[26] Bermuda's human rights in general do not have a favourable reputation; In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the Commonwealth Foundation.[27]

Tourism

Tourism is a significant aspect of Bermuda's economy. In 2007, LGBT R Family Vacations, with the support of Premier and Minister of Tourism and Transportation Dr. Ewart Brown,[28] considered making Bermuda one of its destinations, seemingly oblivious to the previous year's events. A close ally of Brown, Andre Curtis, who ran a controversial "Faith-Based Tourism" initiative for the Premier, opposed the visit,[29] organising some eighty churches into an interfaith group called "United by Faith" to protest the planned trip[30] alongside the country's African Methodist Episcopal churches.[31] R Family decided to change the itinerary to replace Bermuda with two stops in Florida and a private island. Kaminsky stated <templatestyles src="Template:Blockquote/styles.css" />

"If we didn't have kids on board and there were protesters, we would go, but we did not want to expose kids to that hatred while they were on vacation."[32]

Ironically, Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips — albeit on a smaller and much quieter scale — to the country since 1990, without incident.[2]

Summary table

Same-sex sexual activity legal Yes (Since 1994)
Equal age of consent No
Anti-discrimination laws in employment only Yes (Since 2013)
Anti-discrimination laws in the provision of goods and services Yes (Since 2013)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes (Since 2013)
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples YEs (Since 2015)
Joint adoption by same-sex couples YEs (Since 2015)
Gays and lesbians allowed to serve openly in the military Yes
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References

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External links

  1. ↑ Gay Bermuda - GayTimes
  2. ↑ 2.0 2.1 Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ A, B v Dir of Child & Family Services et al [2014] SC (Bda) 11 Civ (3 February 2015)
    1. REDIRECT [1]
  13. ↑ Poll: support for same-sex marriage
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Bermuda Regiment Standards of Conduct
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ 19.0 19.1 Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ http://www.royalgazette.com/rg/Article/article.jsp?articleId=7d9b4af30030010&sectionId=60
  25. ↑ http://www.royalgazette.com/rg/Article/article.jsp?articleId=7d9b52f30030001&sectionId=60
  26. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  31. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  32. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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