Same-sex sexual activity legal? Legal since 2000 | Recognition of
relationships No | |
 | ||
Military service UK responsible for defence Discrimination protections Yes, sexual orientation only | ||
Same-sex sexual activity is legal in Montserrat since 2000.
Contents
Law regarding same-sex sexual activity
Before 2000, anal sex was a criminal offence. However, sexual acts between two consenting adult males in private were expressly decriminalised by an Order in Council in Montserrat (and other British Caribbean territories) by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7). According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex, or sex in public, remains a criminal offence and may also lead to a charge under gross indecency and other minor sexual offence laws.
As a British overseas territory, Montserrat is required to comply with its obligations under the international human rights instruments which have been extended to them. Specifically this includes an adherence to the European Convention on Human Rights which highlights a responsibility to ensure non-discrimination.
Recognition of same-sex relationships
Same-sex marriage in Montserrat is not legal. 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
The article 16 of the Constitution and the article 79 of the Labour Code bans discrimination based on sexual orientation.