LGBT rights in the British Virgin Islands

Law regarding same-sex sexual activity

Before 2000, anal sex was a criminal offence referred to as the crime of buggery under the British Virgin Islands Criminal Code. However, sexual acts between two consenting adult males in private were expressly decriminalized by an Order in Council in the British Virgin Islands (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 has retrospective effect. 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. Homosexual acts between women have never been criminalised in the Territory.

As a British overseas territory, the British Virgin Islands Government is required to comply with their 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 highlight a responsibility to ensure non-discrimination. 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 marriage in the British Virgin Islands is not legal under British Virgin Islands law. The British Virgin Islands is an extremely religious society, and no discussion relating to legalisation has yet occurred in the House of Assembly. 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 Order-in-Council. The Constitution does, however, prohibit discrimination against people on the basis of sexual orientation.