LGBT rights in Bermuda

Law regarding same-sex sexual activity

Prior to 1994, gay male sexual conduct were punishable by up to ten years imprisonment. Following the passing of the Stubbs Bill in that year, gay male sexual conduct was legalised in Bermuda, but with a higher age of consent for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct.

Gender identity/expression

There is no legal recognition of "gender identity", and thus, by omission, no protection from discrimination. The ability of persons to express their gender identity is often difficult; for example, in 2006, the government attempted to ban Mark Anderson, also known as the drag queen "Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local mores and sensitivities. In mid-2009 it was announced that gay Bermudians would be participating in Pride London, with an estimated 30 LGBT London residents from Bermuda marching, and that it hoped to follow in Anderson's footsteps and participate in a future Bermuda Day parade; gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families.

Recognition of same-sex relationships

There is no official recognition of same-sex couples. Bermuda leaders in the past have rejected proposals to legalise same-sex marriage, however the Supreme Court of Bermuda has been responsible for allowing bi-national same-sex partners equal rights in employment and benefits as all other spouses in Bermuda. The court is currently deliberating on a case brought by a male same-sex couple, who had their application for a marriage license denied in July 2016. A ruling in the case is expected in the first half of 2017.

A non-binding referendum on same-sex marriage was held in Bermuda on 23 June 2016. Voters were asked two questions; whether they were in favour of same-sex marriages and whether they are in favour of same-sex civil unions. Both proposals were rejected by 60–70% of voters, though the referendum was invalid as less than 50% of eligible voters turned out.

Adoption rights

In February 2015, Hellman J handed down a ruling from the Supreme Court of Bermuda, finding that direct discrimination had been found on the grounds of marital status and indirect discrimination had been found on the grounds of sexual orientation, when a same-sex couple had been denied the ability to apply for an adoption in Bermuda. As a result, the Adoption of Children Act applies equally to married and non-married couples (and as result, same-sex couples).

Military service

The Bermuda Regiment does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style conscription. Officially, members of the Regiment are prohibited from discriminating against or harassing LGBT soldiers; such activities, however, are tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".

Discrimination protections

In 2013, the Parliament of Bermuda approved legislation that prohibits discrimination on the basis of sexual orientation. Prior to this legislation, Bermuda's Human Rights Commission had repeatedly recommended that the government change discrimination laws. In late 2004, the Government of Bermuda promised to amend the Human Rights Act to cover sexual orientation,—but by late 2005 the matter appeared to have been quietly dropped, until the following year. In 2006, an amendment to the Human Rights Act was proposed in the House of Assembly of Bermuda, but the Parliament of Bermuda refused to even discuss the issue. In December 2006 an activist group called "Two Words and a Comma" was formed by member of parliament Renee Webb, journalist AYO Johnson, and Susan Mayall to pressure the government of Bermuda into amending the act. Following his sudden resignation from Cabinet in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended Human Rights Bill in Fall 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to re-table to do so; Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans. In November of that year, following a mention in the annual speech from the throne that the Human Rights Act was to be amended, a rumour circulated that this would include protection for gays. Premier Brown's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation.

Bermudians have tried to appeal to the British Parliament regarding LGBT discrimination, prompting the Foreign Affairs Committee to recommend that the British government should take steps to extend human rights in the British overseas territories (BOT), for which Britain is ultimately responsible. Bermuda's human rights in general do not have a favourable reputation; In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the Commonwealth Foundation.

Tourism

Tourism is a significant aspect of Bermuda's economy. In 2007, LGBT R Family Vacations, with the support of Premier and Minister of Tourism and Transportation Dr. Ewart Brown, considered making Bermuda one of its destinations, seemingly oblivious to the previous year's events. A close ally of Brown, Andre Curtis, who ran a controversial "Faith-Based Tourism" initiative for the Premier, opposed the visit, organising some eighty churches into an interfaith group called "United by Faith" to protest the planned trip alongside the country's African Methodist Episcopal churches. R Family decided to change the itinerary to replace Bermuda with two stops in Florida and a private island. Kaminsky stated

"If we didn't have kids on board and there were protesters, we would go, but we did not want to expose kids to that hatred while they were on vacation."

Ironically, Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips — albeit on a smaller and much quieter scale — to the country since 1990, without incident.