# LGBTQ rights in Montserrat

"none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]]
Part of a series on :
LGBTQ rights in the United Kingdom :
By location :
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
Age of consent
Blood donation
Christian nation
Civil partnership
History of violence
HIV/AIDS
Military policy
Same-sex marriage :
Gender identity, sex and intersex
21st-century anti-trans movement
Transgender rights
Intersex rights
NHS Gender Identity Development Service
Gender Recognition Panel :
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 :
By city
Brighton
Cardiff
London
Liverpool
Leeds
Manchester :
Gay villages
Birmingham Gay Village
The Calls
Canal Street (Manchester)
Old Compton Street
Pride Quarter, Liverpool
Vauxhall :
Gay male
Polari
Saunas
Cruising :
Organisations :
LGBT advocacy and support
Stonewall
Hall–Carpenter Archives
Black Gay Men's Advisory Group
Akt
Naz and Matt Foundation
FFLAG
LGBT Foundation
LGBT Network
Outright Scotland
Switchboard (UK)
NUS LGBT
LGBT+ Liberal Democrats
LGBT+ Conservatives
LGBT+ Labour
Labour Campaign for Trans Rights
Mermaids
Press for Change
The Gender Trust :
Pride events
BiCon (UK)
Big Gay Out
Birmingham Pride
Bourne Free
Brighton Pride
Bristol Pride
Doncaster Pride
GFest – gayWise LGBT Arts Festival
Glasgay! Festival
Homotopia (Liverpool)
Leeds Pride
Leicester Pride
LGBT History Month
BFI Flare: London LGBT Film Festival
Manchester Pride
Mr Gay UK
Mr Gay Wales
Northern Pride
Nottinghamshire Pride
Pride Cymru
Pride Glasgow
Pride in Hull
Pride in Liverpool
Pride in London
Pride Scotia
Reading Pride
Swansea Pride
Worthing Pride :
Former groups
OutRage!
Campaign for Homosexual Equality
Homosexual Law Reform Society
Gay Liberation Front
Gay Rights Working Party
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 :
vte :
Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montserrat since 2001.

## Law regarding same-sex sexual activity

Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000. According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.
The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).
As a British Overseas Territory, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlights a responsibility to ensure non-discrimination and equality.

## Recognition of same-sex relationships

Same-sex marriage and civil unions are not legal in Montserrat. Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads:
    Notwithstanding anything in section 16, every 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 to found a family.

## Discrimination protections

Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:
    The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

## Living conditions

The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat, though several hotels welcome gay tourists and have non-discrimination policies.
While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.

## Summary table

| Same-sex sexual activity legal | (Since 2001) |
| Equal age of consent | (Pending) |
| 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) |
| 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 | (Since 2000; responsibility of the United Kingdom) |
| 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 | |