LGBT rights in the British Virgin Islands
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001. Law regarding same-sex sexual activity. Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences, referred to as "buggery" under the British Virgin Islands Criminal Code. Lesbian activity has never been illegal. Sexual acts between two consenting adults in private were expressly decriminalized by an Order in Council in the British  Virgin Islands (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 has retrospective effect. 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. As a British Overseas Territory, the British Virgin Islands Government is required to comply with their obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on  Human Rights, which highlight a responsibility to ensure non-discrimination and equality. The European Convention on Human Rights has been recognised by the courts as having legal effect in the jurisdiction. Recognition of same-sex relationships. Same-sex marriages and civil unions are not legal in the British Virgin Islands. The British Virgin Islands is an extremely religious society, and no discussion relating to legalisation has yet occurred in the House of Assembly. In 2015, Premier Orlando Smith, whilst affirming his personal opposition to same-sex marriage, indicated that he is open to public consultation on the issue. However, the  Marriage (Amendment) Act 2017 made no provision for same-sex marriages, and politicians speaking in the House of Assembly took time to comment on the absence of such provisions and express hostility to same-sex marriage and LGBT people more broadly. Church leaders have indicated hostility towards the possibility of legalisation, and political leaders have taken an unsympathetic approach in public. Her Majesty's Government has confirmed that it will not impose recognition of same-sex marriages in the British Virgin Islands by way of an Order in Council. In 2021 a local couple sought a judicial review challenging the  constitutionality of the refusal to recognise their same-sex marriage (celebrated in the United Kingdom). Those proceedings are ongoing. Discrimination protections. The 2007 Constitution prohibits discrimination against people on the basis of sexual orientation: Living conditions. The British Virgin Islands is a conservative and religious society. Open displays of affection between same-sex partners may offend, and LGBT people generally keep their sexual orientation a secret and stay in the closet. There are reports of same-sex couples and LGBT people being harassed and even physically attacked. Some of these violent attacks have been justified or excused by locals as  simply "following the Bible".