# LGBTQ rights in the Pitcairn Islands

"none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]]
Part of a series on :
LGBTQ rights in the United Kingdom :
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United Kingdom Scotland Northern Ireland :
Crown dependencies Guernsey Jersey Isle of Man :
Overseas Territories Anguilla Akrotiri and Dhekelia Bermuda British Virgin Islands Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha Turks and Caicos Islands :
Same-sex marriage by territory United Kingdom Scotland Northern Ireland Guernsey Jersey Isle of Man Akrotiri and Dhekelia Bermuda British Antarctic Territory British Indian Ocean Territory Cayman Islands Falkland Islands Gibraltar Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha South Georgia and the South Sandwich Islands :
Policy aspects :
Sexual orientation
Adoption
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Christian nation
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History of violence
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Same-sex marriage :
Gender identity, sex and intersex
21st-century anti-trans movement
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Legislation :
Criminality
Buggery Act 1533
Offences Against the Person Act 1828
Offences Against the Person Act 1861
Labouchere Amendment
Wolfenden report
Sexual Offences Act 1967
Criminal Justice (Scotland) Act 1980
Homosexual Offences Order 1982
Section 28
Criminal Justice and Public Order Act 1994
Sexual Offences (Amendment) Act 2000
Sexual Offences Act 2003
Policing and Crime Act 2017
Alan Turing law
Merchant Shipping (Homosexual Conduct) Act 2017
Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 :
Protection and recognition
Public Order Act 1986
Sex Discrimination (Gender Reassignment) Regulations 1999
Adoption and Children Act 2002
Employment Equality (Sexual Orientation) Regulations 2003
Civil Partnership Act 2004
Gender Recognition Act 2004
Equality Act 2006
Equality Act (Sexual Orientation) Regulations 2007
Criminal Justice and Immigration Act 2008
Human Fertilisation and Embryology Act 2008
Equality Act 2010
Marriage (Same Sex Couples) Act 2013
Marriage and Civil Partnership (Scotland) Act 2014
Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
Northern Ireland (Executive Formation etc) Act 2019 :
Litigation
Corbett v Corbett (1969)
X v United Kingdom (1978)
Dudgeon v United Kingdom (1981)
R v Brown (1993)
Sutherland v United Kingdom (1994)
Smith and Grady v United Kingdom (1999)
Goodwin & I v United Kingdom (2002)
HJ and HT v Home Secretary (2010)
National AIDS Trust v NHS Service Commissioning Board (2016)
Bell v Tavistock (2021)
AB v CD and others (2021) :
Culture :
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LGBT advocacy and support
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Akt
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NUS LGBT
LGBT+ Liberal Democrats
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Labour Campaign for Trans Rights
Mermaids
Press for Change
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Pride events
BiCon (UK)
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Worthing Pride :
Former groups
OutRage!
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Order of Chaeronea :
History :
Topics
Timeline
List of politicians
First LGBT officeholders
Violence against LGBT people
HIV/AIDS crisis
Death penalty :
Timeline 342 MSM activity made illegal 1533 Death penalty introduced for MSM activity 1543 Buggery Act extended to Wales 1828 Offences Against the Person Act 1828 1835 James Pratt and John Smith executed 1861 Death penalty for buggery abolished 1885 Labouchere Amendment introduced 1889 Cleveland Street scandal 1895 Oscar Wilde found guilty of gross indecency 1912 The Cave of the Golden Calf opens 1921 Plans to make lesbian activity illegal defeated 1936 Mark Weston transitions 1952 John Nott-Bower begins crackdown 1954 Pitt-Rivers, Montagu, Wildeblood imprisoned 1954 Alan Turing commits suicide 1957 Wolfenden report released 1967 MSM activity made legal (England & Wales) 1972 First British Gay Pride Rally 1976 Jeremy Thorpe resigns as Liberal leader 1981 MSM activity made legal (Scotland) 1981 First case of AIDS reported in the UK 1982 MSM activity made legal (NI) 1983 Gay men barred from donating blood 1984 Chris Smith elected as first openly gay MP 1987 Operation Spanner begins 1988 Section 28 comes into force 1989 Stonewall UK forms 1994 Age of consent for MSM becomes 18 1997 Angela Eagle becomes first openly lesbian MP 1998 Bolton 7 found guilty 1998 Lord Alli becomes first openly gay Lord 1999 Admiral Duncan bombing 2000 Gay men allowed in HM Armed Forces 2001 Age of consent equalised to 16 2001 MSM activity involving multiple men legal 2002 Same sex couples granted equal rights to adopt 2003 Section 28 repealed 2004 Civil partnerships introduced 2004 Gender Recognition Act 2004 2006 Discrimination made illegal 2008 Equalised access to IVF for lesbian couples 2008 Incitement to homophobic hatred made a crime 2009 Public apology to Alan Turing 2010 Equality Act 2010 2011 Gay men allowed to donate blood (1 yr deferral) 2013 Nikki Sinclaire becomes first openly trans MEP 2013 Marriage (Same Sex Couples) Act 2013 2014 First same-sex marriages take place 2016 MSM activity not grounds for military discharge 2017 Turing law implemented 2017 Blood donation deferral 3 months (excl. NI) 2019 MPs legislate for gay marriage in NI 2020 Gay marriage legal across UK, incl. NI 2020 Blood donation deferral 3 months (incl. NI) 2021 Blood donation deferral equalised :
LGBTQ portal UK portal :
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Lesbian, gay, bisexual, and transgender (LGBT) people in the British Overseas Territory of the Pitcairn Islands enjoy most of the same rights as non-LGBT people. Same-sex sexual activity is legal, discrimination based on sexual orientation is constitutionally outlawed and same-sex marriage has been legal since 14 May 2015.

## Legality of same-sex sexual activity

The 1893 Laws of the islands, the oldest codified set of laws, did not mention homosexuality. Pitcairn Island was designated as part of the British Western Pacific Territories in 1898. The 1904 laws, written by R. T. Simons, made it a crime for "[u]nmarried persons of either sex" to "[congregate] together in such a manner as to cause scandal or to endanger the morals of the younger members of the community".
The Judicature Ordinance 1961 extended the law of England to the islands. Therefore, homosexual activity was expressly illegal in Pitcairn until the passage of the Sexual Offences Act 1967.

## Recognition of same-sex partnerships

Same-sex marriage became legal in the Pitcairn Islands on 14 May 2015; however, none of the around 50 Pitcairn Islanders currently residing in the territory is known to be in a same-sex relationship. An ordinance to legalise such marriages was unanimously approved by the Island Council on 1 April 2015, and was signed by Governor Jonathan Sinclair on 5 May. It was published on 13 May 2015. The law, known as the Same Sex Marriage and Civil Partnerships Ordinance 2015, also provides for the recognition of a registered civil partnership performed outside of Pitcairn. The move to legalise same-sex marriage was widely published on international media. Deputy Governor Kevin Lynch said that the change had been suggested by British authorities. A local resident said the law "wasn't even a major point of discussion until the outside world began catching up on the news".

## Discrimination protections

The Pitcairn Islands Constitution Order 2010 bans discrimination on the basis of sexual orientation, among other categories, reading:
    [T]he expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, age, disability, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
The term "gender identity" is mentioned only twice in Pitcairn law. Firstly, the Marriage Ordinance states that "'marriage' means the union of two people regardless of their sex, sexual orientation or gender identity". Secondly, the Sentencing Ordinance requires courts to take into account certain individual factors when dealing with an offender, including if the offence was committed on the basis of the victim's gender identity. Sexual orientation is also mentioned.

## Adoption and parenting

The 2015 same-sex marriage legislation includes a provision stating that same-sex couples may be parents to a child. The Adoption of Infants Ordinance states that married couples, unmarried couples and single people may jointly apply to adopt children.
According to a 2006 UK government report, there have been 9 adoptions in the Pitcairn Islands since 1954, the latest being in 1979.

## Military service

LGBT individuals may legally serve in the British Armed Forces, as defence is the responsibility of the United Kingdom.

## Summary table

| Same-sex sexual activity legal | (Since 2001) |
| Equal age of consent | (Since 2001) |
| Anti-discrimination laws in employment | (Since 2010) |
| Anti-discrimination laws in the provision of goods and services | (Since 2010) |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2010) |
| Recognition of same-sex unions (e.g. civil union) | (Since 2015) |
| Same-sex marriage | (Since 2015) |
| Stepchild adoption by same-sex couples | (Since 2015) |
| Joint adoption by same-sex couples | (Since 2015) |
| LGBT people allowed to serve openly in the military | (Since 2000; 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 | |