New details about the government’s planned referendum on same-sex marriage are included in a draft resolution Gazetted recently by Cabinet.
No date has been set for the referendum — which Premier Dr. Natalio “Sowande” Wheatley announced in December — but the June 30 draft includes the two questions that will be asked if the House of Assembly approves the resolution.
They are worded as follows:
- “Are you in favour of same-sex marriage being legalised in the Virgin Islands?”; and
- “Are you in favour of legislation which would provide for civil unions or domestic partnership in the Virgin Islands, which would allow same-sex couples to have rights, privileges and benefits, including but not limited to property rights, health and medical benefits, employment and social security survivors’ benefits?”
Partnerships
A domestic partnership is a commitment that is legally equivalent to marriage, allowing individuals to obtain certain benefits, according to Cornell Law School. While such unions are allowed in the United States, they became less common after the Supreme Court ruled in 2015 that same-sex marriage is a constitutionally guaranteed right.
In the United Kingdom, same-sex marriage has been legal since 2014, and civil partnerships have been recognised since 2005. The UK has urged its overseas territories to follow suit and legalise same-sex marriage, but the VI and others have resisted.
When Dr. Wheatley announced the referendum last December, he signified that his government plans to take the question to the people.
In his initial announcement, he said that domestic partnerships would be considered in the referendum, particularly as they relate to estate rights.
“This approach takes into account our obligations under the European Convention on Human Rights while protecting the sanctity of marriage,” he said.
Reasoning
The draft resolution also explains the reasoning behind the referendum, noting that a section of the current Matrimonial Proceedings and Property Act — which voids any marriage not between a male and female — has been challenged in court.
The Constitution gives Cabinet the power to hold a referendum when a “special subject is of such national importance that it should be referred to the electorate for determination,” the resolution states.
The legal challenge mentioned in the referendum is a lawsuit brought by claimants Kinisha Forbes and Kirsten Lettsome.
The two, who have been legally married under UK law since 2019, sued the VI government in 2021, claiming that the registrar general improperly denied them a VI marriage licence because they’re both women.
They’re asking the court to declare that their marriage is valid under VI law and that prohibiting same-sex marriage is unconstitutional, among other requests.
The case — the first challenge to the VI’s same-sex marriage ban — was scheduled to be heard last September in High Court.
However, it was delayed until this year after last-minute legal manoeuvring by the BVI Christian Council — which has joined the case as an “interested party” — found favour with Appeals Court Justice Gerard Farara.
Contention
While the claimants have declined to comment, citing their ongoing matter before the court, the Christian Council has vocally opposed any form of same-sex marriage in the territory.
Ahead of the April general election, the council invited an advocate from the UK-based advocacy organisation Christian Concern to lead public meetings on the subject.
During several sessions across the territory, Christian Concern CEO Andrea Minichiello Williams urged residents to oppose both same-sex marriage and domestic partnerships.