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LGBTQ rights in the Turks and Caicos Islands

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Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of the Turks and Caicos Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the Turks and Caicos Islands since 2001, and discrimination based on sexual orientation is constitutionally banned.[1]

LGBTQ rights in Turks and Caicos Islands
Turks and Caicos Islands
StatusLegal since 2001, unequal age of consent
Gender identityNo
MilitaryYes
Discrimination protectionsYes, sexual orientation only
Family rights
Recognition of relationshipsNo recognition of same-sex couples
AdoptionNo

Legality of same-sex sexual activity

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Same-sex sexual acts were expressly decriminalised under the United Kingdom's Caribbean Territories (Criminal Law) Order, 2000, which took effect on 1 January 2001.[2]

The law received considerable local media coverage. The two largest newspapers (one of each belongs to the two largest political parties) described the law as "an affront to our country" and "the sissy law".[3]

The age of consent is higher for male (18) than it is for female (16).[4]

Recognition of same-sex relationships

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Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced
See also: Recognition of same-sex unions in the British Overseas Territories

Same-sex marriages and civil unions are not legal in the Turks and Caicos Islands. Only opposite-sex marriage is constitutionally protected as Article 10 of the Constitution reads:

Every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.[5]

Discrimination protections

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Article 16 of the Constitution bans discrimination based on sexual orientation:[5]

In this section, "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions such as by race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

Living conditions

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The Turks and Caicos Islands are considered a safe destination for LGBT tourists. LGBT people tend to face no discrimination issues in resorts and very touristic areas.[6] Most Turks and Caicos inhabitants are quite tolerant of same-sex relationships.[3] Several gay-themed cruise ships have also been allowed to port in the islands.[3]

There are no known gay rights organisations in the Turks and Caicos Islands. Several government education programmes on HIV/AIDS have reached out to gay men, though.[3]

Homophobia in the Turks and Caicos Islands is mostly religious-based.[3] Following the passage of Proposition 8 in California, several religious preachers called on same-sex marriage to be constitutionally banned in island law. Religious groups have also opposed greater awareness and prevention of HIV/AIDS, erroneously claiming that straight men and women cannot get infected.[3]

Summary table

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Same-sex sexual activity legal   (Since 2001)
Equal age of consent   (Proposed)
Anti-discrimination laws in employment   (Since 2011)
Anti-discrimination laws in the provision of goods and services   (Since 2011)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)   (Since 2011)
Same-sex marriages  
Recognition of same-sex couples  
Stepchild adoption by same-sex couples  
Joint adoption by same-sex couples  
LGBT people allowed to serve openly in the military   (UK responsible for defence)
Right to change legal gender  
Access to IVF for lesbians  
Commercial surrogacy for gay male couples   (Banned for heterosexual couples as well)
MSMs allowed to donate blood  

See also

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References

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  1. ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 July 2013 at the Wayback Machine
  2. ^ "Caribbean Territories (Criminal Law) Order, 2000" (PDF). Retrieved 27 May 2018.
  3. ^ a b c d e f "Being Gay in Turks & Caicos Islands". globalgayz.com. Retrieved 27 May 2018.
  4. ^ "03.08 Offences Against the Person Ordinance". Government of the Turks and Caicos Islands. Retrieved 11 April 2021.
  5. ^ a b "The Turks and Caicos Islands Constitution Order 2011" (PDF). Government of United Kingdom (legislation.gov.uk). Retrieved 30 January 2016.
  6. ^ "Gay Guide to Turks and Caicos - GayTravel Guide for LGBTQ Travelers – Gay Bars & Clubs, Gay Friendly Hotels, Cruises, Tours, Events, Beaches, Weddings, Deals & Reviews". gaytravel.com. Retrieved 27 May 2018.


 

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